Download e-book for kindle: Argument Types and Fallacies in Legal Argumentation (Law and by

ISBN-10: 3319161482

ISBN-13: 9783319161488

This booklet presents theoretical instruments for comparing the stability of arguments within the context of criminal argumentation. It bargains with a few common argument varieties and their specific use in felony argumentation. It offers special analyses of argument from authority, argument advert hominem, argument from lack of know-how, slippery slope argument and different normal argument kinds. each one of those argument varieties can be utilized to build arguments which are sound in addition to arguments which are unsound. to guage an issue effectively one needs to be capable of distinguish the sound situations of a undeniable argument variety from its unsound cases. This e-book promotes the advance of theoretical instruments for this activity.

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Additional info for Argument Types and Fallacies in Legal Argumentation (Law and Philosophy Library, Volume 112)

Sample text

The word ‘tort’ is French for ‘wrong’, and we can therefore say that a tort is a civil wrong. Tort law comprises the rules of liability which dictate whether the defendant’s activity constitutes a civil wrong, thus enabling the court to grant a remedy, that is, compensation to the claimant victim. This seems straightforward enough but there are obvious difficulties with the explanation of what is tort law in view of the diverse nature of the causes of action which appear to fall within its scope.

In respect of road traffic accidents, it is suspected that other factors may be at play in deterring bad driving. Notions of selfpreservation, safety of others, such as passengers, fear of damage to one’s own property are at least part of the picture, in addition to which one must also consider the vital impact of the criminal sanctions for poor driving. Insurance also plays its part in reducing the deterrent aspect of tort law, in that the transgressor is not the person paying the compensation and normally will only be out of pocket to the extent of any no claims bonus on her insurance policy.

Liability for psychiatric harm is severely restricted, as we shall see, so it might be said that this is an area of partial immunity. Other types of immunity are based on the status of the defendant, for example, public authorities, the police, legal personnel, namely, judges and advocates etc and some in this category are considered absolute. There is general immunity in relation to the difficult area of omissions, otherwise known as misfeasance. 9 Lying beneath these significant immunities are value judgments by the judiciary.

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Argument Types and Fallacies in Legal Argumentation (Law and Philosophy Library, Volume 112)


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Download e-book for kindle: Argument Types and Fallacies in Legal Argumentation (Law and by
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