The Five Types Of Legal Argument

Author: Wilson Ray Huhn
Publisher:
ISBN: 9781594605161
Size: 43.44 MB
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"The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers and judges. Huhn shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy) and how to weave the different types of arguments toge the theoretical and practical themes of the work. Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. ther to make them more persuasive. The second edition further develops both the theoretical and practical themes of the work.Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments."

Law Truth And Reason

Author: Raimo Siltala
Publisher: Springer Science & Business Media
ISBN: 9789400718722
Size: 29.60 MB
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This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

Arguments And Arguing

Author: Thomas A. Hollihan
Publisher: Waveland Press
ISBN: 1478632011
Size: 60.94 MB
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The latest edition of Arguments and Arguing contains the same balance of theory and practice, breadth of coverage, current and relevant examples, and accessible writing style that made previous editions so popular in hundreds of classrooms. The authors draw from classic and recent argumentation theory and research, contextualized with well-chosen examples, to showcase a narrative style of argumentation and the values and attitudes of audiences. Readers learn how to employ both formal and informal argumentative strategies in an array of communication forums—from interpersonal interactions to academic debate to politics to business. A newly added chapter on visual argumentation and a striking color photo insert demonstrate the value and power of visual elements in the construction of arguments. The ability to argue is necessary if people are to solve problems, resolve conflicts, and evaluate alternative courses of action. While many are taught that arguing is counterproductive and arguments should be avoided, Hollihan and Baaske illustrate that arguing is an essential and fundamental human activity. Learning the art of effective argumentation entails a grasp of not only the strategies and principles of analysis and logical reasoning but also the importance of arguing in a positive and socially constructive fashion.

Treaty Talks In British Columbia Third Edition

Author: Christopher McKee
Publisher: UBC Press
ISBN: 0774852518
Size: 34.66 MB
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This updated edition of Treaty Talks in British Columbia traces the origins and development of treaty negotiations in the province and includes a postscript, co-authored with Peter Colenbrander, that provides an extensive overview of the treaty process from 2001 to 2009. The authors outline the achievements of and challenges for the treaty process and review some of the most recent jurisprudence affecting Native and non-Native rights. They also reflect on the growing number of initiatives outside the treaty process to achieve reconciliation between First Nations and the Crown and raise questions about the future relationship between these initiatives and treaty negotiations. Succinct and informative, this book brings clarity to a complex and often contentious issue.

Disease Control Priorities Third Edition Volume 5

Author: Dorairaj Prabhakaran
Publisher: World Bank Publications
ISBN: 1464805202
Size: 53.51 MB
Format: PDF
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Cardiovascular, respiratory, and related conditions cause more than 40 percent of all deaths globally, and their substantial burden is rising, particularly in low- and middle-income countries (LMICs). Their burden extends well beyond health effects to include significant economic and societal consequences. Most of these conditions are related, share risk factors, and have common control measures at the clinical, population, and policy levels. Lives can be extended and improved when these diseases are prevented, detected, and managed. This volume summarizes current knowledge and presents evidence-based interventions that are effective, cost-effective, and scalable in LMICs.

Ocr Law For As Third Edition

Author: Jaqueline Martin
Publisher: Hachette UK
ISBN: 1444192760
Size: 29.83 MB
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Cover all the topics and utilise more past papers with this fully up-to-date OCR AS Law textbook. Written by an expert who has helped hundreds of thousands of students achieve their best in their law exams, this textbook covers all the topics for OCR AS Law in a clear and accessible way. - Address recent changes in the legal system in areas such as police powers, sentencing and legal aid - Help clarify more complex concepts with illustrations, activities and interesting cases - Provide your students with excellent insight into the kind of examination questions they may find on the OCR AS Law paper

A Legal Primer On Managing Museum Collections Third Edition

Author: Marie C. Malaro
Publisher: Smithsonian Institution
ISBN: 1588343235
Size: 74.20 MB
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Hailed when it was first published in 1985 as the bible of U.S. collections management, A Legal Primer on Managing Museum Collections offers the only comprehensive discussion of the legal questions faced by museums regarding collections. This revised and expanded third edition addresses the many legal developments—including a comprehensive discussion of stolen art and the international movement of cultural property, recent developments in copyright, and the effects of burgeoning electronic uses—that have occurred during the past twenty-five years. An authorative, go-to book for any museum professional, Legal Primer offers detailed explanations of the law, suggestions for preventing legal problems, and numerous case studies of lawsuits involving museum collections.

Concepts And Cases In Nursing Ethics Third Edition

Author: Michael Yeo
Publisher: Broadview Press
ISBN: 1460400747
Size: 13.42 MB
Format: PDF, ePub, Mobi
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Concepts and Cases in Nursing Ethics is a case-based exploration of the core principles of health care ethics applied to nursing. The book is a collaboration between philosopher-ethicist Michael Yeo and nurse-ethicist and educators Anne Moorhouse, Pamela Khan, and Patricia Rodney. It thus combines philosophical and ethical analysis with extensive knowledge and experience in nursing and health care. The book is organized around six main concepts in health care ethics: beneficence, autonomy, truthfulness, confidentiality, justice, and integrity. A chapter is devoted to the elucidation of each of these concepts. In each chapter, historical background and conceptual analysis are supplemented by case studies that exemplify issues and show how the concept applies in health care and nursing practice. In this new edition, the conceptual analysis throughout has been updated and reworked in view of changes in the health care system. In addition, there is a new chapter specifically devoted to recent developments affecting nursing and other health professions. Previous case studies have been modified and new ones added to address current and emerging issues. Although the text focuses mainly on the social and political situation of nursing, the analysis has relevance also for medicine and the allied health professions, and indeed for anyone working in the health system.