Dialectical Shifts Underlying Arguments from Consequences
نویسندگان
چکیده
منابع مشابه
Dialectical arguments and case comparison
The basis of legal case-based reasoning is the doctrine of stare decisis: decisions in new cases should follow decisions in similar old cases. This paper takes as a starting point the ‘case comparison’ interpretation of the stare decisis doctrine. In this interpretation one establishes by case comparison which previously decided cases are sufficiently similar to a new case, after which the old ...
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The critical discussion is clearly a major context of dialogue to use as a normative model in evaluating arguments as fallacious or not.1 However, this paper will study other types of dialogue that cluster around the edges of the critical discussion. It is a thesis of this paper that these peripheral models of dialogue are needed to support evaluations of arguments as fallacious or nonfallaciou...
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In law, as in everyday conversation, presumptive reasoning is one of the most common forms of drawing conclusions from a set of premises. On Walton’s view (Walton 1996b: 13), whereas in deduction conclusions are necessarily true if the premises are true, the conclusion of a presumptive reasoning is a simple presumption, that is, it holds in conditions of incomplete knowledge and is subject to r...
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Case-based reasoning in the law is a reasoning strategy in which legal conclusions are supported by decisions made by judges. If the case at hand is analogous to a settled case, then by judicial authority one can argue that the settled case should be followed. Case-based reasoning is a topic where ontology meets logic since one’s conception of cases determines one’s conception of reasoning with...
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Radical constructivists advocate discovery-based pedagogical regimes that enable students to incrementally and continuously adapt their cognitive structures to the instrumented cultural environment. Some sociocultural theorists, however, maintain that learning implies discontinuity in conceptual development, because novices must appropriate expert analyses that are schematically incommensurate ...
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ژورنال
عنوان ژورنال: Informal Logic
سال: 2009
ISSN: 0824-2577,0824-2577
DOI: 10.22329/il.v29i1.684