Download Burden of Proof, Presumption and Argumentation by Douglas Walton PDF

By Douglas Walton

The suggestion of burden of facts and its better half suggestion of presumption are primary to argumentation experiences. This booklet argues that we will be able to examine much from how the courts have built techniques through the years for allocating and reasoning with presumptions and burdens of evidence, and from how synthetic intelligence has outfitted exact formal and computational platforms to symbolize this type of reasoning. The e-book presents a version of reasoning with burden of evidence and presumption, in line with analyses of many basically defined felony and non-legal examples. The version is proven to slot instances of daily conversational argumentation in addition to argumentation in criminal situations. Burden of evidence determines (1) lower than what stipulations an arguer is obliged to help a declare with an issue that backs it up and (2) how powerful that argument should be to end up the declare in query.

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Extra resources for Burden of Proof, Presumption and Argumentation

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Otherwise, the argument from expert opinion defaults. The key problem in representing how this procedure of critical questioning should be uniformly modeled in an automated argumentation system is that there are two theories on how the burden of proof should shift back and forth. According to one theory, called the shifting initiative (SI) theory, merely asking the critical question is enough to defeat the argument until the critical question has been answered appropriately. According to another theory, called the backup evidence (BE) theory, merely asking the critical question is not enough, and in order to make the argument default, some evidence needs to be brought forward to support the critical question.

Therefore, the burden of proof rests on the opponent who cares to dispute this argument. Next, we need to ask what happens when the trustworthiness critical question is asked by the opponent. 2 once again. The statement “E is not personally reliable as a source” is shown as the only premise in a con argument that leads to the node for the argument from expert opinion. But because this premise is an exception, it does not defeat the argument from expert opinion unless it is backed up by additional evidence.

The thesis of this book is that the notion of burden of proof can be made sense of in a more precise manner by modeling it in a formal dialogue 32 Introduction to Basic Concepts structure in which two or more parties take turns putting forward speech acts in a connected sequence of moves. Recent work in the area of argumentation studies has already presented us with formal dialogue structures of this type called dialectical models of argumentation. So there are already some resources in place for an investigation of burden of proof.

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