Description
Book SynopsisIn 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. This book is an an anthology of the most important historical sources on presumptions and burdens of proof.
Trade ReviewPresumptions 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 SpeechTable of Contents
- Preface
- Introduction
- Part 1. Historical Selections
- Chapter 1. Dialectical Propositions (from Topics) by Aristotle
- Chapter 2. Presumptions in Legal Argumentation: From Antiquity to the Middle Ages by Hanns Hohmann
- Chapter 3. Of the Burthen of Proof: On Whom Shall It Lie? by Jeremy Bentham
- Chapter 4. Presumptions and Burden of Proof by Richard Whately
- Chapter 5. The Sportsman's Rejoinder by Richard Whately
- Chapter 6. The Burden of Proof by Alfred Sidgwick
- Chapter 7. The Burden of Proof by James B. Thayer
- Chapter 8. On Presumption and Burden of Proof by C. P. Ilbert
- Part 2. Contemporary Developments
- Chapter 9. The Anatomy of a Dispute by Douglas Ehninger and Wayne Brockriede
- Chapter 10. A Pragma-Dialectical Analysis of the Burden of Proof by Frans H. van Eemeren and Peter Houtlosser
- Chapter 11. The Juridical Roots of Presumptions and Burdens of Proof by Richard Gaskins
- Chapter 12. Inertia in Argumentation: Nature and Reason by James Crosswhite
- Chapter 13. The Liberal-Progressive and Conservative Presumptions: On Deliberation, Debate, and Public Argument by G. Thomas Goodnight
- Chapter 14. Rhetorical and Epistemological Perspectives on Rescher's Account of Presumption and Burden of Proof by Fred J. Kauffeld and James B. Freeman
- Chapter 15. The Significance of Presumptions in Informal Logic by James B. Freeman
- Chapter 16. Analyzing Presumption as a Modal Qualifier by David Godden
- Chapter 17. The Speech Act of Presumption by Reversal of Burden of Proof by Douglas Walton
- Chapter 18. Some Presumptions by Edna Ullmann-Margalit
- Chapter 19. On the Relationship between Presumptions and Burdens of Proof by Lilian Bermejo-Luque
- Chapter 20. A Rhetorically Oriented Account of Presumption and Probative Obligations in Normative Pragmatic Terms by Fred J. Kauffeld
- A Bibliography for Argumentation Theorists
- Works Cited
- About the Authors
- Index
