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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Argument Types and Fallacies in Legal Argumentation

ISBN13: 9783319161471
Published: May 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £74.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types.

Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.

Appeal to Expert Testimony – A Bayesian Approach
Dahlman, Christian (et al.)
Ad Hominem Fallacies and Epistemic Credibility
Yap, Audrey
On the Absence of Evidence
Tuzet, Giovanni
The Uses of Slippery Slope Argument
Moreso, José Juan
Institutional Constraints of Topical Strategic Maneuvering in Legal Argumentation. The Case of ‘Insulting’
Kloosterhuis, Harm
One-Sided Argumentation in the Defense of Marriage Act
Schuetz, Janice
Anti-Theoretical Claims About Legal Interpretation: The Argument Behind the Fallacy
Bustamante, Thomas
Frames of Interpretations and the Container-Retrieval View: Reflections on a Theoretical Contest
Chiassoni, Pierluigi
Argument Structures in Legal Interpretation: Balancing and Thresholds
Araszkiewicz, Michał
An Analysis of Some Juristic Techniques for Handling Systematic Defects in the Law
Ratti, Giovanni Battista
Argumentation from Reasonableness in the Justification of Judicial Decisions
Feteris, Eveline T.
Legal Argumentation and Theories of Adjudication in the U.S. Legal Tradition: A Critical View of Cass Sunstein’s Minimalism, Richard Posner’s Pragmatism and Ronald Dworkin’s Advocacy of Integrity
Fernandes, Bernardo Gonçalves;