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Argument Types and Fallacies in Legal Argumentation

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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;

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