Models for the Analysis of Legal Argumentation EVELINE T. FETERIS Department of Speech Communication‚ Argumentation Theory and Rhetoric University of Amsterdam Spuistraat 134 1012 VB Amsterdam Netherlands e.t.feteris@uva.nl Introduction In their classical works on argumentation the philosophers Chaïm Perelman and Stephen Toulmin presented the procedures and practices of legal reasoning as a model for a rational practice of argumentation. In the 50 years since the publication of Perelman and
Premium Logic
MARK C. BOLINO Department of Management University of South Carolina Accuracy and due process perspectives were used to extend policycapturing research concerning employment discrimination case law. TWo-hundred ninety-five usable U.S. Circuit Court decisions concerning performance appraisal were located from 1980-1995. In both chisquare and multivariate LOGIT analyses‚ decisions were explained by: use of job analysis‚ provision of written instructions‚ employee review of results‚ and agreement
Premium Case law Common law Appeal
Legal study Syllabus notes FAMILY LAW Key Terms: Adoption: The taking of one’s child into one’s family‚ creating a parent to child relationship‚ and giving him or her all the rights and privileges of one’s own child. Annulment: A declaration by court that a supposed marriage is in fact void. Apprehended Domestic Violence Order (ADVO): A court order that aims to protect the applicant from violence and other forms of intimidation or abuse perpetrated by a family member Assault: A criminal
Premium Marriage Family Same-sex marriage
Legal Defenses Barbara Butler CJS/220 2/1/13 Harvey Smith Introduction This paper will give brief description on three types of legal defenses and the elements of a crime‚ how the crime applies to the overall criminal procedure. It also will give a definition to what each element means. Legal Defenses and Their Definition A legal defense is one that satisfies all legal requirements of a court case. The three legal defenses I will be describing are insanity‚ self-defense‚ and mistake of
Premium Criminal law Crime Criminal justice
essential functions of a state are: (i) War (ii) Administration of Justice Administration of Justice (AOJ) implies the maintenance of peace and order within a political community by means of physical force of the State. There are‚ however‚ other factors which help administration of justice and command obedience of law. They include social sanction‚ public opinion‚ custom‚ convenience etc. Concept of Justice The concept of justice is as old as origin and growth of human society itself. The social
Premium Law Justice
in negligence 8 3.3 How a business can be vicariously liable 9 LO 4 Principles of liability in negligence in Business Situations 10 4.1 The elements of the tort of negligence and defense in different business situations 10 4.2 The elements of vicarious liability in given business situation 12 Conclusion 12 Reference 13 Executive summery In one case PRIMARK contracts with PRESEC Pacesetters‚ to prove that whether the contract is legal here I have described the elements of legal contract. The impact
Premium Contract Tort Common law
The legal system of the United States of America is very similar‚ almost to the point of being identical‚ to the legal system of the English-speaking Caribbean.”Discuss. The legal system of the United States of America and the English speaking Caribbean are predominantly common law legal systems. Both legal systems share a number of similarities; however‚ there are quite a number of pronounced differences that would make it impossible for one to conclude that both systems are similar to the point
Premium Law United States Common law
BETWEEN A ROMANO-GERMANIC LEGAL ENVIRONMENT AND A COMMON LAW ENVIRONMENT In order for us to understand the difference between a ROMANO-GERMAN legal environment and a COMMON LAW environment‚ it is important for us to examine each system separately and then to present the main differences of the two legal systems. ROMANO-GERMANIC LAW (CIVIL LAW) Civil law is the main legal system used in the world today. It originates from the Roman law and is based on written legal codes which are applied
Free Common law Law Civil law
The Legal System Imagine you are the director of health information services for a medium-sized health care facility. Like many of your peers‚ you have contracted with an outside copying service to handle all requests for release of patient health information at your facility. You have learned that a lobbying organization for trial attorneys in your state is promoting legislation to place a cap on photocopying costs‚ which is significantly below the actual costs incurred as part of the contract
Premium Electronic health record Health informatics Health care
Canda‚ Lucille Ann Carreon‚ Joseph Valerian Timtim‚ Kimberly Loide Viernes‚ Gerald Paul Nature of Law Legal Positivism There are a lot of theorists who pioneered in the concept of Legal Positivism.But among them are two leading theorists who mainly contributed on this idea and further argued on each other’s respective opposite views. One of which is John Austin‚ who holds that legal positivism is the nature of law which deals with the existence and contents of law based on social facts and
Premium Jurisprudence Law