Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law (Rhetoric, Law, and the Humanities)

__**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. An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof.0In 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.0However, 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.0The 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 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. Contents 6 Preface 8 Introduction 12 I. HISTORICAL SELECTIONS 16 1. Dialectical Propositions (from Topics) / Aristotle 30 2. Presumptions in Legal Argumentation: From Antiquity to the Middle Ages / Hanns Hohmann 35 3. Of the Burthen of Proof: On Whom Shall It Lie? / Jeremy Bentham 49 4. Presumptions and Burden of Proof / Richard Whately 56 5. The Sportsman's Rejoinder / Richard Whately 72 6. The Burden of Proof / Alfred Sidgwick 74 7. The Burden of Proof / James B. Thayer 85 8. On Presumption and Burden of Proof / C. P. Ilbert 94 II. CONTEMPORARY DEVELOPMENTS 98 9. The Anatomy of a Dispute / Douglas Ehninger and Wayne Brockriede 114 10. A Pragma-Dialectical Analysis of the Burden of Proof / Frans H. van Eemeren and Peter Houtlosser 121 11. The Juridical Roots of Presumptions and Burdens of Proof / Richard Gaskins 139 12. Inertia in Argumentation: Nature and Reason / James Crosswhite 153 13. The Liberal-Progressive and Conservative Presumptions: On Deliberation, Debate, and Public Argument / G. Thomas Goodnight 167 14. Rhetorical and Epistemological Perspectives on Rescher's Account of Presumption and Burden of Proof / Fred J. Kauffeld and James B. Freeman 191 15. The Significance of Presumptions in Informal Logic / James B. Freeman 206 16. Analyzing Presumption as a Modal Qualifier / David Godden 217 17. The Speech Act of Presumption by Reversal of Burden of Proof / Douglas Walton 231 18. Some Presumptions / Edna Ullmann-Margalit 245 19. On the Relationship between Presumptions and Burdens of Proof / Lilian Bermejo-Luque 255 20. A Rhetorically Oriented Account of Presumption and Probative Obligations in Normative Pragmatic Terms / Fred J. Kauffeld 268 A Bibliography for Argumentation Theorists 284 Works Cited 292 About the Authors 304 Index 308 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 key 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 - has 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. This book 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. This volume'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 preeminent 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