Thursday, March 31, 2011

Legal Argument

Legal argument is a process of drawing inferences.  The discussion of a legal point by counsel.  The inference itself. Rawson, In reasoning men ordinarily use four sorts of arguments.  The first is to allege the opinions of men whose parts and learning, eminency, power, or some other cause, have gained a name, and settled their reputation in the common esteem, with some kind of authority, this may be called argumenturn ad verecundiam.  The second is to require the advisory to admit what they allege as a proof, or to require a better, this is called argumentum ad ignorntiam.  The third is to press a man with consequences drawn from his own principles, concessions, or actions; this is know by the name of argumentum ad hominem. The forth, the using of proof drawn from any of the foundations of proofs drawn from any of the foundations of knowledge or probability; this is called argumentum ad judicium- Wharton. Argument ad baculum, the appeal to force; ad misercardiam, the appeal to compassion.  Argument or the process of reasoning is also divided into (1) a priori, from the antecedent cause to the consequent or effect, and (2) a posteriori, from the consequent to the antecedent.

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