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Argument Types and Fallacies in Legal Argumentation

Part of the Law and Philosophy Library Book Series (volume 112)

Editors: Bustamante, Thomas; Dahlman, Christian

DOI: 10.1007/978-3-319-16148-8

ISBN: 978-3-319-16147-1

Publisher: Springer International Publishing - Springer Journals

Feb 5, 2015

1 - 10 of 12 Chapters

Available

Appeal to Expert Testimony – A Bayesian Approach

Dahlman, Christian; Wahlberg, Lena

Pages: 3 –18

[In this chapter, we offer a Bayesian model for evaluating expert testimony in the court room. Statements from a putative expert are difficult for a legal decision maker to assess, as the legal decision maker – who lacks expert knowledge on the subject issue – must distinguish between experts...
Available

Ad Hominem Fallacies and Epistemic Credibility

Yap, Audrey

Pages: 19 –35

[An ad hominem fallacy is an error in logical reasoning in which an interlocutor attacks the person making the argument rather than the argument itself. There are many different ways in which this can take place, and many different effects this can have on the direction of the argument itself....
Available

On the Absence of Evidence

Tuzet, Giovanni

Pages: 37 –51

[In this paper, I intend to show that the absence of evidence about a claim is not inferentially inert in legal argumentation. Arguing from ignorance is usually taken to be a fallacy, but it can yield two sorts of justified conclusions in a trial: epistemic ones concerning what is plausibly true,...
Available

The Uses of Slippery Slope Argument

Moreso, José Juan

Pages: 53 –65

[In this paper, I shall intend to show that the Sorites argument lies at the core of the Slippery Slope Argument and, for this reason, I shall deal with the logical validity of this argument. Once established its logical validity, I shall try to argue that the second premise of the Sorites...
Available

Institutional Constraints of Topical Strategic Maneuvering in Legal Argumentation. The Case of ‘Insulting’

Kloosterhuis, Harm

Pages: 67 –75

[Strategic maneuvering refers to the efforts parties make to reconcile rhetorical effectiveness with dialectical standards of reasonableness. It manifests itself in topical selection, audience-directed framing and presentational devices. In analyzing strategic maneuvering one category of...
Available

One-Sided Argumentation in the Defense of Marriage Act

Schuetz, Janice

Pages: 77 –91

[The goal of this essay is to extend legal argumentation theory by identifying the traits of partisan and one-sided arguments found in legal appeals and reinforced by amicus curiae briefs supporting those appeals. Specifically, I describe the role of amicus curiae briefs commonly used in...
Available

Anti-Theoretical Claims About Legal Interpretation: The Argument Behind the Fallacy

Bustamante, Thomas

Pages: 95 –110

[Legal theorists disagree not only about the interpretation of a particular legal provision, but also about the procedure or the interpretive attitude that lawyers should adopt while interpreting statutes and other legal materials. Some of these theorists hold that theory and philosophy have...
Available

Frames of Interpretations and the Container-Retrieval View: Reflections on a Theoretical Contest

Chiassoni, Pierluigi

Pages: 111 –128

[Interpretive argumentation is saddled with uncertainty. The predicament is brought about by the presence of competing theories concerning the very notions of legal interpretation and general written-law norms. The paper describes and compares two theories: the frames of interpretations theory...
Available

Argument Structures in Legal Interpretation: Balancing and Thresholds

Araszkiewicz, Michał

Pages: 129 –150

[This paper is a contribution to the development of a descriptive model of legal interpretation encompassing three areas: formulation of interpretive statements, generation of arguments that support or demote the interpretive statements, and comparison and balancing of arguments supporting...
Available

An Analysis of Some Juristic Techniques for Handling Systematic Defects in the Law

Ratti, Giovanni Battista

Pages: 151 –177

[The contribution carries out an analysis of some of the main techniques used by legal scholars in order to systematize the law, i.e. to provide it with a systematic character. In particular, the contribution first reconstructs some of the juristic operations consisting in deriving (deductively...

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