[PDF] Presumptions In The Law eBook

Author : Hans Vilhelm Hansen
Publisher : Rhetoric, Law, and the Humanit
Page : 316 pages
File Size : 37,39 MB
Release : 2019
Category : Language Arts & Disciplines
ISBN : 0817320172

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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.

Author : John D. Lawson
Publisher : Forgotten Books
Page : 742 pages
File Size : 36,57 MB
Release : 2017-11-23
Category : Law
ISBN : 9780331735017

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Excerpt from The Law of Presumptive Evidence: Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil, and Criminal Cases; Reduced to Rules The present work, following the method pursued by me in my Expert and Opinion Evidence, is an endeavor to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz. 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. The rules are those principles which after an examination of all the cases on the particular subject, I have concluded are the law. The illustrations are all taken from decided cases and are, therefore, opeii to examination and verification by the student or practitioner. The commentary shows the rea soning of the courts in the particular illustrations, and points out the conflict of authorities wherever such conflict exists. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : John Davison 1852-1921 Lawson
Publisher : Wentworth Press
Page : 752 pages
File Size : 16,76 MB
Release : 2016-08-28
Category : History
ISBN : 9781372018299

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Author : William Mawdesley Best
Publisher : Forgotten Books
Page : 228 pages
File Size : 30,86 MB
Release : 2017-12-11
Category : Law
ISBN : 9780282981990

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Excerpt from A Treatise on Presumptions of Law and Fact: With the Theory and Rules of Presumptive Or circumstantial Proof in Criminal Cases On Proof, Evidence, and Presum tiens in General, with the division latter into Presumptions Late, Fact, and Mixed Law and Feet. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.