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Legal Argumentation: Understanding the Structure and Types of Arguments in Legal Contexts, Slides of Psychology

An introduction to the concept of argumentation, focusing on its role in legal contexts. It covers the basic structure of arguments, three types of support, implicit premises, and legal reasoning. The document also includes examples of arguments and counterarguments, as well as an overview of a course on argumentation.

Typology: Slides

2012/2013

Uploaded on 01/05/2013

aqeel
aqeel 🇮🇳

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  • Legal Argumentation

What is argumentation?

 Giving reasons to support or criticise

claims that are open to doubt

 logic + dialectic

 Often to persuade someone else

 rhetoric

Proponent: Regarding downloading Mp3s as copying for private use is wrong Respondent: Why? Proponent: Because it makes normal commercial exploitation of music impossible Respondent: Why? Proponent: Because it’s so easy to copy, upload and download MP3s

Legal contexts of argumentation

 In court

 In legal consultancy

 In scholarly debate

 In public debate

Overview of course

 Week 1:

 Basic structure of arguments

 Combinations of premises  implicit premises  Multi-steps arguments

 Week 2:

 Arguments and counterarguments
 Argument schemes (1)

 Week 3:

 Argument schemes (2)
 Evaluating arguments
 Discussion of homework

The structure of arguments:

basic elements

 (Basic) arguments have:

 Premises (grounds)

 A conclusion

 A reasoning step from the premises to the

conclusion

Conclusion

Premise 1 ….. Premise n

therefore

Three types of support

Cumulative (all premises

needed for conclusion)

Alternative (one premise

suffices for conclusion)

S was at crime scene

S’s DNA matches DNA found at crime scene

Witness W saw S at crime scene

P

E is expert on P E says that P

Aggregate (the more

support the better)

The offer was written

The offer was made in a letter

The offer was made in an email

Implicit premises

The offer was made in a letter

The offer was written

Implicit premises

The offer was made

in a letter

The offer was written

If the offer was made in a letter or email then it was written

Legal reasoning: three stages

 Determining the facts of the case

 Classifying the facts under the

conditions of a legal rule

 Applying the rule

Two important features of

arguments

 Arguments can be constructed step by

step

 These steps often leave rules or

generalisations implicit

 When testing arguments, they must be

made explicit to reveal sources of doubt

 They can be unfounded

 They can have exceptions

Identifying missing premises:

normative, not psychological

 Muslim extremists should be denied

free speech since they preach hatred

 So you think that anyone who preaches

hatred should be denied free speech?

Identifying missing premises:

normative, not psychological

 Muslim extremists should be denied

free speech since they preach hatred

 So you think that anyone who preaches

hatred should be denied free speech?

 Yes.

Summary

 Arguments can have different

combinations of premises

 Arguments can be constructed step by

step

 These steps often leave rules or

generalisations implicit