Overview
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof. In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
Full Product Details
Author: James Crosswhite ,
Frans H. van Eemeren ,
Richard Gaskins ,
David Godden
Publisher: The University of Alabama Press
Imprint: The University of Alabama Press
Weight: 0.667kg
ISBN: 9780817320171
ISBN 10: 0817320172
Pages: 288
Publication Date: 30 May 2019
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Available To Order
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Reviews
"Presumptions and Burdens of Proof fills a current void in scholarship and provides an excellent balance of prior published work along with new work that advances scholarly inquiry in new directions. It will become a standard resource and will have a heuristic impact in generating new scholarship."""" - Raymie McKerrow, professor emeritus of communication and rhetoric, Ohio State University, and editor of Quarterly Journal of Speech"
Presumptions and Burdens of Proof fills a current void in scholarship and provides an excellent balance of prior published work along with new work that advances scholarly inquiry in new directions. It will become a standard resource and will have a heuristic impact in generating new scholarship. - Raymie McKerrow, professor emeritus of communication and rhetoric, Ohio State University, and editor of Quarterly Journal of Speech
Presumptions and Burdens of Proof fills a current void in scholarship and provides an excellent balance of prior published work along with new work that advances scholarly inquiry in new directions. It will become a standard resource and will have a heuristic impact in generating new scholarship. --Raymie McKerrow, professor emeritus of communication and rhetoric, Ohio State University, and editor of Quarterly Journal of Speech
Author Information
Hans V. Hansen is professor and head of the Department of Philosophy at the University of Windsor in Ontario. He is coeditor of Fallacies: Classical and Contemporary Readings and is coeditor of the journal Argumentation. Fred J. Kauffeld (1942–2017) was professor and chair of the Department of Communication Arts at Edgewood College. He was the coeditor of Texts in Context: Critical Dialogues on Significant Episodes in American Political Rhetoric. Lilian Bermejo-Luque is associate professor in the Department of Philosophy at the University of Granada. She is the author of Giving Reasons: A Linguistic-Pragmatic Approach to Argumentation Theory.
