Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law

1. Auflage, 2019
ISBN: 978-0-8173-2017-1
Verlag: Univ of Chicago Behalf of Univ of Alabama

Buch, Englisch, 288 Seiten, Hardback, Format (B × H): 155 mm x 231 mm, Gewicht: 658 g

Reihe: Rhetoric, Law, and the Humanit

An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof.

In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century.

However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today.

The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.

Autoren/Hrsg.

Hansen, Hans Vilhelm

Kauffeld, Fred J.

Freeman, James B.

Fachgebiete

• Geisteswissenschaften Sprachwissenschaft Textlinguistik, Diskursanalyse, Stilistik
• Rechtswissenschaften Wirtschaftsrecht Medienrecht Telekommunikationsrecht, IT-Recht, Internetrecht

Inhaltsverzeichnis

- Preface
- Introduction
- Part 1. Historical Selections
- Chapter 1. Dialectical Propositions (from Topics) by Aristotle
- Chapter 2. Presumptions in Legal Argumentation: From Antiquity to the Middle Ages by Hanns Hohmann
- Chapter 3. Of the Burthen of Proof: On Whom Shall It Lie? by Jeremy Bentham
- Chapter 4. Presumptions and Burden of Proof by Richard Whately
- Chapter 5. The Sportsman's Rejoinder by Richard Whately
- Chapter 6. The Burden of Proof by Alfred Sidgwick
- Chapter 7. The Burden of Proof by James B. Thayer
- Chapter 8. On Presumption and Burden of Proof by C. P. Ilbert
- Part 2. Contemporary Developments
- Chapter 9. The Anatomy of a Dispute by Douglas Ehninger and Wayne Brockriede
- Chapter 10. A Pragma-Dialectical Analysis of the Burden of Proof by Frans H. van Eemeren and Peter Houtlosser
- Chapter 11. The Juridical Roots of Presumptions and Burdens of Proof by Richard Gaskins
- Chapter 12. Inertia in Argumentation: Nature and Reason by James Crosswhite
- Chapter 13. The Liberal-Progressive and Conservative Presumptions: On Deliberation, Debate, and Public Argument by G. Thomas Goodnight
- Chapter 14. Rhetorical and Epistemological Perspectives on Rescher's Account of Presumption and Burden of Proof by Fred J. Kauffeld and James B. Freeman
- Chapter 15. The Significance of Presumptions in Informal Logic by James B. Freeman
- Chapter 16. Analyzing Presumption as a Modal Qualifier by David Godden
- Chapter 17. The Speech Act of Presumption by Reversal of Burden of Proof by Douglas Walton
- Chapter 18. Some Presumptions by Edna Ullmann-Margalit
- Chapter 19. On the Relationship between Presumptions and Burdens of Proof by Lilian Bermejo-Luque
- Chapter 20. A Rhetorically Oriented Account of Presumption and Probative Obligations in Normative Pragmatic Terms by Fred J. Kauffeld
- A Bibliography for Argumentation Theorists
- Works Cited
- About the Authors
- Index

Über Autor(innen)

Hans V. Hansen is professor and head of the Department of Philosophy at the University of Windsor in Ontario. He is coeditor of Fallacies: Classical and Contemporary Readings and is coeditor of the journal Argumentation.

Fred J. Kauffeld (1942–2017) was professor and chair of the Department of Communication Arts at Edgewood College. He was the coeditor of Texts in Context: Critical Dialogues on Significant Episodes in American Political Rhetoric.

Lilian Bermejo-Luque is associate professor in the Department of Philosophy at the University of Granada. She is the author of Giving Reasons: A Linguistic-Pragmatic Approach to Argumentation Theory.