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Burden of Proof Presumption and Argumentation-Douglas Walton

Burden of Proof Presumption and Argumentation-Douglas Walton

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This manual pertains to the foundational concepts of argumentation, specifically focusing on the principles of burden of proof and presumption. It explores how these elements are managed within legal systems and artificial intelligence, offering a comprehensive model derived from legal and everyday examples. The book details the conditions under which an arguer must substantiate a claim and the required strength of that substantiation.

The purpose of this manual is to provide a structured understanding of argumentation logic, applicable to both formal legal proceedings and informal conversational exchanges. It serves as a resource for analyzing how claims are supported and defended, offering insights into the mechanics of persuasive discourse. The content is designed to illuminate the critical role of evidence and obligation in constructing and evaluating arguments.

The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.

Author: Walton, Douglas
Publisher: Cambridge University Press
Illustration: N
Language: ENG
Title: Burden of Proof, Presumption and Argumentation
Pages: 00318 (Encrypted PDF)
On Sale: 2014-05-31
SKU-13/ISBN: 9781107046627
Category: Mathematics : Logic
Category: Philosophy : Epistemology


The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.

Author: Walton, Douglas
Publisher: Cambridge University Press
Illustration: N
Language: ENG
Title: Burden of Proof, Presumption and Argumentation
Pages: 00318 (Encrypted PDF)
On Sale: 2014-05-31
SKU-13/ISBN: 9781107046627
Category: Mathematics : Logic
Category: Philosophy : Epistemology