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Sample records for legal argument reasoning

  1. Argumentation in Legal Reasoning

    Science.gov (United States)

    Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

    A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

  2. Prerequisites for Correctness in Legal Argumentation

    OpenAIRE

    Mackuvienė, Eglė

    2011-01-01

    A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

  3. A Structure-guided Approach to Capturing Bayesian Reasoning about Legal Evidence in Argumentation

    NARCIS (Netherlands)

    Timmer, S.T.; Meyer, J.J.C.; Prakken, H.; Renooij, S.; Verheij, Bart

    2015-01-01

    Over the last decades the rise of forensic sciences has led to an increase in the availability of statistical evidence. Reasoning about statistics and probabilities in a forensic science setting can be a precarious exercise, especially so when in- dependencies between variables are involved. To

  4. Arguments from parallel reasoning

    NARCIS (Netherlands)

    van Laar, Jan Albert; Ribeiro, H.J.

    2014-01-01

    Argumentation is a co-production by a proponent and an opponent who engage in a critical examination of their difference of opinion, aiming to resolve it on the merits of both sides, or so I assume in this paper. I shall investigate the consequences of this view for a particular type of argument

  5. The legal reasoning skills. Theoretical considerations

    Directory of Open Access Journals (Sweden)

    Lisett D. Páez Cuba

    2014-06-01

    Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

  6. The analysis and evaluation of legal argumentation: approaches from legal theory and argumentation theory

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary

  7. Effects of Dyadic Interaction on Argumentative Reasoning.

    Science.gov (United States)

    Kuhn, Deanna; Shaw, Victoria; Felton, Mark

    1997-01-01

    Tested hypothesis that thinking about a topic enhances later reasoning quality about that topic. Found that, when young adolescents and adults discussed capital punishment, their range of different arguments increased, they shifted from one-sided to two-sided arguments, arguments were based within a framework of alternatives, and they were more…

  8. Identifying Kinds of Reasoning in Collective Argumentation

    Science.gov (United States)

    Conner, AnnaMarie; Singletary, Laura M.; Smith, Ryan C.; Wagner, Patty Anne; Francisco, Richard T.

    2014-01-01

    We combine Peirce's rule, case, and result with Toulmin's data, claim, and warrant to differentiate between deductive, inductive, abductive, and analogical reasoning within collective argumentation. In this theoretical article, we illustrate these kinds of reasoning in episodes of collective argumentation using examples from one…

  9. Extracting legal arguments from forensic Bayesian networks

    NARCIS (Netherlands)

    Timmer, Sjoerd; Prakken, Hendrik; Meyer, John-Jules Charles; Renooij, Silja; Verheij, Bart

    2014-01-01

    Recent developments in the forensic sciences have confronted the field of legal reasoning with the new challenge of reasoning under uncertainty. Forensic results come with uncertainty and are described in terms of likelihood ratios and random match probabilities. The legal field is unfamiliar with

  10. Integration of Semantic Web Reasoning and Argument-based Reasoning

    Science.gov (United States)

    Wakaki, Toshiko; Sawamura, Hajime; Fukumoto, Taro; Mukai, Takanori; Nitta, Katsumi

    Though many kinds of multi-agent systems based on argumentation have been proposed where only rule-based knowledge is taken into account, they have been unable to handle the ontological knowledge so far. In our daily life, however, there are a lot of human argumentation where both ontological and rule knowledges are used. For example, in e-commerce, a seller and a buyer usually use ontologies about products along with their respective strategic rules for buying and selling. Recent progress of the Semantic Web technology provides expressive ontology languages. In this paper, we demonstrate integration of the Semantic Web reasoning and argument-based reasoning. We have implemented the integrated system such that Logic of Multiple-valued Argumentation-based agent system (specialized to two values {f, t }) can be accessible to the Semantic Web reasoning established as the description logic reasoning system, given ontologies expressed by OWL DL or its notational variant the DL SHOIN(D). An interesting argumentation result using both ontologies and rules about the university curriculum is shown as an example executed by our system.

  11. Public perceptions of arguments supporting and opposing recreational marijuana legalization.

    Science.gov (United States)

    McGinty, Emma E; Niederdeppe, Jeff; Heley, Kathryn; Barry, Colleen L

    2017-06-01

    In debates about recreational marijuana legalization, pro-legalization arguments highlighting economic and other potential policy benefits compete with anti-legalization arguments emphasizing public health risks. In 2016, we conducted a national survey using an online panel (N=979) designed to answer two main research questions: (1) How do Americans perceive the relative strength of competing arguments about recreational marijuana legalization? (2) How are perceptions of argument strength associated with public support for recreational marijuana legalization? We examined differences in attitudes among individuals living in states that have/have not legalized recreational marijuana and among Democrats/Independents/Republicans. Ordered logit regression assessed the relationship between perceived argument strength and public support for recreational marijuana legalization. Respondents rated pro-legalization arguments highlighting beneficial economic and criminal justice consequences as more persuasive than anti-legalization arguments emphasizing adverse public health effects. Respondents were more likely to agree with arguments highlighting legalization's potential to increase tax revenue (63.9%) and reduce prison overcrowding (62.8%) than arguments emphasizing negative consequences on motor vehicle crashes (51.8%) and youth health (49.6%). The highest rated anti-legalization arguments highlighted the conflict between state and federal marijuana laws (63.0%) and asserted that legalization will fail to eliminate the black market (57.2%). Respondents who endorsed pro-legalization economic and criminal justice arguments were more likely than other respondents to support legalization. Our findings indicate that, on both side of the recreational marijuana legalization debate, there are arguments that resonate with the American public. However, public health risk messages were viewed as less compelling than pro-legalization economic and criminal justice-oriented arguments

  12. IMPROVING LEGAL ARGUMENT CRITICALLY IN THE LITIGATION MECHANISM IN INDONESIA (AN EMPIRICAL STUDY OF ENVIRONMENTAL VERDICTS

    Directory of Open Access Journals (Sweden)

    Edy Lisdiyono

    2017-01-01

    Full Text Available Legal argument is a debate or argument in explaining the issues between two or more people performed in court. Legal argument is one way to perform law finding with the purpose to avoid legal vacuum when the judge makes a legal reasoning in a verdict. In making a legal argument, it is at least performed by legal reasoning, logic, facts. However, some judges, in making a decision, did not use the legal arguments by legal reasoning and facts so that it resulted in debates and arguments. It is  interesting to study on how to build legal argument in the litigation mechanism in Indonesia. Some verdicts in Indonesia have been the debate among the public through social media, by both academic and non-academic communities, because they were not based on the legal facts revealed at the trials and not in favor of the public sense of justice. Some of the examples are the verdict in the case of the environmental lawsuits of Lapindo Brantas Mud in Sidoarjo, the case verdict in Palembang District Court on the lawsuit filed by the Ministry of Environment and Forestry on forest fires and land concessions of PT. Bumi Mekar Hijau in 2014. From the decisions, it turned out that the judges, in making the legal arguments for their decisions, had deviated from the analogy and were not based on the existing legal facts. In building legal arguments, it would have to be conducted by collecting data (evidence and clear fact so that its solutions do not deviate from the rules of law

  13. Sense and sensibility in a legal argument

    NARCIS (Netherlands)

    Yzermans, Maria; van Blom, C.L.; Broers, E.J.M.F.C.

    2016-01-01

    The instructions classical rhetoric gives for the use of emotional means of persuasion still prove to be useful in modern professional legal practice, albeit that they need to be adapted to modern psychological concepts and current legal practice.

  14. Artificial intelligence approach to legal reasoning

    International Nuclear Information System (INIS)

    Gardner, A.V.D.L.

    1984-01-01

    For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

  15. Of Artificial Intelligence and Legal Reasoning

    OpenAIRE

    Sunstein, Cass Robert

    2014-01-01

    Can computers, or artificial intelligence, reason by analogy? This essay urges that they cannot, because they are unable to engage in the crucial task of identifying the normative principle that links or separates cases. Current claims, about the ability of artificial intelligence to reason analogically, rest on an inadequate picture of what legal reasoning actually is. For the most part, artificial intelligence now operates as a kind of advanced version of LEXIS, offering research assistance...

  16. Exploratory Talk, Argumentation and Reasoning in Mexican Primary School Children

    Science.gov (United States)

    Rojas-Drummond, Sylvia; Zapata, Margarita Peon

    2004-01-01

    The study analyses the effects of training primary school children in the use of a linguistic tool called "Exploratory Talk" (ET) on their capacity for argumentation. ET allows for reasoned confrontation and negotiation of points of view, making the reasoning visible in the talk. Eighty-eight Mexican children from the 5th and 6th grades…

  17. Colonial Legal Reasoning in the Post-Colonial African State: A ...

    African Journals Online (AJOL)

    Colonial Legal Reasoning in the Post-Colonial African State: A Critique and a Defense of the Argument from African Metaphysical Epistemology. ... Africa, as it has the advantageous result of helping in the search for truth concerning such offences, thereby promoting the delivery of effective legal justice, and thus contributing ...

  18. The principle of optimisation: reasons for success and legal criticism

    International Nuclear Information System (INIS)

    Fernandez Regalado, Luis

    2008-01-01

    The International Commission on Radiological Protection (ICRP) has adopted new recommendations in 2007. In broad outlines they fundamentally continue the recommendations already approved in 1990 and later on. The principle of optimisation of protection, together with the principles of justification and dose limits, remains playing a key role of the ICRP recommendations, and it has so been for the last few years. This principle, somehow reinforced in the 2007 ICRP recommendations, has been incorporated into norms and legislation which have peacefully been in force in many countries all over the world. There are three main reasons to explain the success in the application of the principle of optimisation in radiological protection: First, the subjectivity of the sentence that embraces the principle of optimisation, 'As low as reasonably achievable' (ALARA), that allows different valid interpretations under different circumstances. Second, the pragmatism and adaptability of ALARA to all exposure situations. And third, the scientific humbleness which is behind the principle of optimisation, which makes a clear contrast with the old fashioned scientific positivism that enshrined scientist opinions. Nevertheless, from a legal point of view, there is some criticism cast over the principle of optimisation in radiological protection, where it has been transformed in compulsory norm. This criticism is based on two arguments: The lack of democratic participation in the process of elaboration of the norm, and the legal uncertainty associated to its application. Both arguments are somehow known by the ICRP which, on the one hand, has broadened the participation of experts, associations and the professional radiological protection community, increasing the transparency on how decisions on recommendations have been taken, and on the other hand, the ICRP has warned about the need for authorities to specify general criteria to develop the principle of optimisation in national

  19. The death of argument fallacies in agent based reasoning

    CERN Document Server

    Woods, John

    2004-01-01

    This book is a sequel to the classic work, Fallacies Selected Papers 1972 - 1982 (1989), coauthored with Douglas Walton, and is a further major contribution to the Woods-Walton Approach to the logic of fallacious reasoning No one disputes the formitable accomplishments of modern mathematical logic; but equally no one seriously believes that classical logic is much good for the analysis of real-life argument and reasoning, or that it is the best place in which to transact the business of fallacy theory One of the principal innovations of the book is its adaptation of systems of logic to the particular requirements of fallacy theory The book develops logical analyses which take into account such features of real-life cognitive agency as resource- availability and computational complexity The book is also an invitation to interdisciplinary cooperation, linking the relevant branches of logic with computer science, cognitive psychology, neurobiology, forensic science, linguistics, (including conversational analysi...

  20. Rhetorical Strategies in Legal Argumentation. Some remarks on the recent decisions of the Portuguese Tribunal Constitucional and the Italian Corte Costituzionale on same-sex marriage

    Directory of Open Access Journals (Sweden)

    Giovanni Damele

    2011-03-01

    Full Text Available Legal argumentation is usually considered the more formal (or, at least, formalistic kind of practical argumentation, thanks to the long tradition of “legal syllogism” as its formal instrument, but also to its legal restraint (the formalistic aspect. Yet, in arguments such as those used, for example, by high courts in their justifications, we may find not only strict formalism and adherence to the letter of the law, but also the attempt to resolve differences of opinion and conflicts of interest, and perhaps also the rhetorical attempt to persuade the legal community, the legislator or even public opinion of the soundness of the court’s decision. But there could be more than that. I think that contemporary theories of legal argumentation have let aside the idea that the analysis of legal argumentations can show the judges' hidden ideological and political positions by resorting to traditional legal arguments. Just as an example, it may be interesting to analyze the justificatory function of argumentations contained in two decisions taken by two constitutional courts, in Italy and in Portugal, on the same question. Why constitutional courts and not, for example, a court of first instance? Constitutional judges, apparently, do not need to persuade anybody: there is no higher judicial authority, and their interpretation of constitutional text is definitive. For this reason, one can assume that strategic argumentation plays little role in the arguments justifying their verdicts. I hope I can show that this assumption may not, fully, reflect the reality.

  1. Individual Differences in the "Myside Bias" in Reasoning and Written Argumentation

    Science.gov (United States)

    Wolfe, Christopher R.

    2012-01-01

    Three studies examined the "myside bias" in reasoning, evaluating written arguments, and writing argumentative essays. Previous research suggests that some people possess a fact-based argumentation schema and some people have a balanced argumentation schema. I developed reliable Likert scale instruments (1-7 rating) for these constructs…

  2. Fostering Critical Thinking, Reasoning, and Argumentation Skills through Bioethics Education

    Science.gov (United States)

    Chowning, Jeanne Ting; Griswold, Joan Carlton; Kovarik, Dina N.; Collins, Laura J.

    2012-01-01

    Developing a position on a socio-scientific issue and defending it using a well-reasoned justification involves complex cognitive skills that are challenging to both teach and assess. Our work centers on instructional strategies for fostering critical thinking skills in high school students using bioethical case studies, decision-making frameworks, and structured analysis tools to scaffold student argumentation. In this study, we examined the effects of our teacher professional development and curricular materials on the ability of high school students to analyze a bioethical case study and develop a strong position. We focused on student ability to identify an ethical question, consider stakeholders and their values, incorporate relevant scientific facts and content, address ethical principles, and consider the strengths and weaknesses of alternate solutions. 431 students and 12 teachers participated in a research study using teacher cohorts for comparison purposes. The first cohort received professional development and used the curriculum with their students; the second did not receive professional development until after their participation in the study and did not use the curriculum. In order to assess the acquisition of higher-order justification skills, students were asked to analyze a case study and develop a well-reasoned written position. We evaluated statements using a scoring rubric and found highly significant differences (p<0.001) between students exposed to the curriculum strategies and those who were not. Students also showed highly significant gains (p<0.001) in self-reported interest in science content, ability to analyze socio-scientific issues, awareness of ethical issues, ability to listen to and discuss viewpoints different from their own, and understanding of the relationship between science and society. Our results demonstrate that incorporating ethical dilemmas into the classroom is one strategy for increasing student motivation and

  3. Fostering critical thinking, reasoning, and argumentation skills through bioethics education.

    Science.gov (United States)

    Chowning, Jeanne Ting; Griswold, Joan Carlton; Kovarik, Dina N; Collins, Laura J

    2012-01-01

    Developing a position on a socio-scientific issue and defending it using a well-reasoned justification involves complex cognitive skills that are challenging to both teach and assess. Our work centers on instructional strategies for fostering critical thinking skills in high school students using bioethical case studies, decision-making frameworks, and structured analysis tools to scaffold student argumentation. In this study, we examined the effects of our teacher professional development and curricular materials on the ability of high school students to analyze a bioethical case study and develop a strong position. We focused on student ability to identify an ethical question, consider stakeholders and their values, incorporate relevant scientific facts and content, address ethical principles, and consider the strengths and weaknesses of alternate solutions. 431 students and 12 teachers participated in a research study using teacher cohorts for comparison purposes. The first cohort received professional development and used the curriculum with their students; the second did not receive professional development until after their participation in the study and did not use the curriculum. In order to assess the acquisition of higher-order justification skills, students were asked to analyze a case study and develop a well-reasoned written position. We evaluated statements using a scoring rubric and found highly significant differences (p<0.001) between students exposed to the curriculum strategies and those who were not. Students also showed highly significant gains (p<0.001) in self-reported interest in science content, ability to analyze socio-scientific issues, awareness of ethical issues, ability to listen to and discuss viewpoints different from their own, and understanding of the relationship between science and society. Our results demonstrate that incorporating ethical dilemmas into the classroom is one strategy for increasing student motivation and

  4. Fostering critical thinking, reasoning, and argumentation skills through bioethics education.

    Directory of Open Access Journals (Sweden)

    Jeanne Ting Chowning

    Full Text Available Developing a position on a socio-scientific issue and defending it using a well-reasoned justification involves complex cognitive skills that are challenging to both teach and assess. Our work centers on instructional strategies for fostering critical thinking skills in high school students using bioethical case studies, decision-making frameworks, and structured analysis tools to scaffold student argumentation. In this study, we examined the effects of our teacher professional development and curricular materials on the ability of high school students to analyze a bioethical case study and develop a strong position. We focused on student ability to identify an ethical question, consider stakeholders and their values, incorporate relevant scientific facts and content, address ethical principles, and consider the strengths and weaknesses of alternate solutions. 431 students and 12 teachers participated in a research study using teacher cohorts for comparison purposes. The first cohort received professional development and used the curriculum with their students; the second did not receive professional development until after their participation in the study and did not use the curriculum. In order to assess the acquisition of higher-order justification skills, students were asked to analyze a case study and develop a well-reasoned written position. We evaluated statements using a scoring rubric and found highly significant differences (p<0.001 between students exposed to the curriculum strategies and those who were not. Students also showed highly significant gains (p<0.001 in self-reported interest in science content, ability to analyze socio-scientific issues, awareness of ethical issues, ability to listen to and discuss viewpoints different from their own, and understanding of the relationship between science and society. Our results demonstrate that incorporating ethical dilemmas into the classroom is one strategy for increasing student

  5. Scientific Reasoning and Argumentation: Advancing an Interdisciplinary Research Agenda in Education

    Science.gov (United States)

    Fischer, Frank; Kollar, Ingo; Ufer, Stefan; Sodian, Beate; Hussmann, Heinrich; Pekrun, Reinhard; Neuhaus, Birgit; Dorner, Birgit; Pankofer, Sabine; Fischer, Martin; Strijbos, Jan-Willem; Heene, Moritz; Eberle, Julia

    2014-01-01

    Scientific reasoning and scientific argumentation are highly valued outcomes of K-12 and higher education. In this article, we first review main topics and key findings of three different strands of research, namely research on the development of scientific reasoning, research on scientific argumentation, and research on approaches to support…

  6. The Most Reasonable Answer: Helping Students Build Better Arguments Together

    Science.gov (United States)

    Reznitskaya, Alina; Wilkinson, Ian A. G.

    2017-01-01

    "The Most Reasonable Answer" is an innovative and comprehensive guide to engaging students in inquiry dialogue--a type of talk used in text-based classroom discussions. During inquiry dialogue, students collectively search for the most reasonable answers to big, controversial questions, and, as a result, enhance their argumentation…

  7. Methods for solving reasoning problems in abstract argumentation – A survey

    Science.gov (United States)

    Charwat, Günther; Dvořák, Wolfgang; Gaggl, Sarah A.; Wallner, Johannes P.; Woltran, Stefan

    2015-01-01

    Within the last decade, abstract argumentation has emerged as a central field in Artificial Intelligence. Besides providing a core formalism for many advanced argumentation systems, abstract argumentation has also served to capture several non-monotonic logics and other AI related principles. Although the idea of abstract argumentation is appealingly simple, several reasoning problems in this formalism exhibit high computational complexity. This calls for advanced techniques when it comes to implementation issues, a challenge which has been recently faced from different angles. In this survey, we give an overview on different methods for solving reasoning problems in abstract argumentation and compare their particular features. Moreover, we highlight available state-of-the-art systems for abstract argumentation, which put these methods to practice. PMID:25737590

  8. Between solidarity and argument: Interpersonal negotiation in two legal genres

    Directory of Open Access Journals (Sweden)

    Krisda Chaemsaithong

    2016-11-01

    Full Text Available This study presents a comparative examination of interpersonal negotiation in two monologic courtroom genres: the opening statement and closing argument. Drawing upon a corpus of three high-profile American trials, the quantitative and qualitative analysis identifies the traces and degree of the jury’s presence through lexico-grammatical resources, and reveals distinct interactional patterns, which are indicative of the interactive goals of the two speech genres. Such relational practice does not merely “oil the wheels” of courtroom communication, but also constitutes a key way in the meaning-making process of these genres. The findings attest to the centrality of relational work in accomplishing transactional goals in institutional discourses.

  9. Seventh Graders' Ways of Reasoning in Evaluating and Generating Arguments about Climate Change Issues

    Science.gov (United States)

    Choi, Soyoung

    2011-01-01

    The present study explored how seventh graders develop their understanding of climate change issues. Particularly, I focused on identifying students' ways of reasoning in evaluating and generating arguments. I also investigated whether students reason differently about climate change issues depending on the relevance of the issues to their daily…

  10. Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

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    Dmitriy E. Nekrasov

    2014-09-01

    Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

  11. Recomposing a fragmented literature: how conditional and relational arguments engage different neural systems for deductive reasoning.

    Science.gov (United States)

    Prado, Jérôme; Van Der Henst, Jean-Baptiste; Noveck, Ira A

    2010-07-01

    Deductive reasoning is traditionally viewed as a unitary process involving either rule-based or visuo-spatial mechanisms. However, there is a disagreement in the neuroimaging literature on whether the data support one alternative over the other. Here we test the hypothesis that discrepancies in the literature result from the reasoning materials themselves. Using functional magnetic resonance imaging, we measure brain activity of participants while they integrate the premises of conditional arguments (primarily Modus Tollens: If P then Q; not-Q) and Relational Syllogisms (i.e., linear arguments of the sort P is to the left of Q; Q is to the left of R). We find that reasoning with Modus Tollens activates the left inferior frontal gyrus to a greater extent than the Relational Syllogisms. In contrast, the Relational Syllogisms engage the right temporo-parieto-occipital junction more than conditional arguments. This suggests that conditional reasoning relies more on so-called syntactic processes than relational reasoning, while relational reasoning may rely on visuo-spatial processes and mental imagery more than conditional reasoning. This investigative approach, together with its results, clarifies some apparently inconsistent findings in this literature by showing that the nature of the logical argument, whether it is relational or conditional, determines which neural system is engaged. Copyright (c) 2010 Elsevier Inc. All rights reserved.

  12. Reasonable risk as a problem of legal psychology

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    Sitkovsky O. D.

    2017-04-01

    Full Text Available The article is devoted to the reasonable risk (article 41 of the Penal code of Russian Federation, as an important issue requiring the attention of specialists working in the field of legal psychology. Presented the psychological characteristics of the concept of «reasonable risk», describes the mechanisms of decision making in situations of risk and classifications of situations of risky behavior by the nature of activity and character that are significant to criminal law. Understand options for risk situations, which can take place of the circumstances excluding criminality of act. Deals the capabilities and competencies of psychological assessment, tasks, questions for expert-psychologist, as well as the opportunities, especially use of the court expert to address the issue of criminal responsibility. The conclusion is made about necessity of further development of the methodological basis of the application of forensic psychological examination of the reasonableness of risk.

  13. Reasoning with Inductive Argument Test: A Study of Validity and Reliability

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    Mehmet Emrah Karadere

    2013-12-01

    Conclusion: The preliminary data obtained from the study of reliability and validity of the scale shows that ‘Reasoning with Inductive Argument Test’ supports reliability and validity in Turkish population. [JCBPR 2013; 2(3.000: 156-161

  14. Reasoning with Inductive Argument Test: A Study of Validity and Reliability

    Directory of Open Access Journals (Sweden)

    Mehmet Emrah Karadere

    2013-11-01

    Full Text Available Reasoning with Inductive Argument Test:A Study of Validity and Reliability Objective: The aim of our study is to research reliability and validity and to evaluate the usability of Turkish version of Reasoning with Inductive Argument Test (RIAT in Turkish healty population. Method: 51 healty volunteers who work in Ankara Dıskapi Yildirim Beyazit Research and Training Hospital participated in this study. Reasoning with Inductive Argument Test (RIAT was translated into Turkish by three clinical good knowledge of English. Participants were given a sociodemographic data form, and RIAT were performed by clinicians. To test the reliability of the Turkish version of RIAT, Cronbach’s alpha coefficient was calculated and the halving method was used for the test. Results: The internal consistency of the Reasoning with Inductive Argument Test (RIAT items, Cronbach’s alpha internal consistency coefficient measurements of 0.73 was found to be statistically significant. Spearman-Brown coefficient that determines the reliability of the whole test r=0.74 was found. Kurtosis values of all the items was below 1.5 and the percentages in the second evaluation were mainly lower. At the same time, both change in belief between self produced RIAT options and given RIAT options (p=0.02, z=-2296 as well as changes in beliefs between related and unrelated items for Obsessive Compulsive Disorder (OCD difference (p=0.03, z=-2.199 were significant. Conclusion: The preliminary data obtained from the study of reliability and validity of the scale shows that ‘Reasoning with Inductive Argument Test’ supports reliability and validity in Turkish population.

  15. Improving students’ creative mathematical reasoning ability students through adversity quotient and argument driven inquiry learning

    Science.gov (United States)

    Hidayat, W.; Wahyudin; Prabawanto, S.

    2018-01-01

    This study aimed to investigate the role factors of Adversity Quotient (AQ) and Argument-Driven Inquiry (ADI) instruction in improving mathematical creative reasoning ability from students’ who is a candidate for a math teacher. The study was designed in the form of experiments with a pretest-posttest control group design that aims to examine the role of Adversity Quotient (AQ) and Argument-Driven Inquiry (ADI) learning on improving students’ mathematical creative reasoning abilities. The population in this research was the student of mathematics teacher candidate in Cimahi City, while the sample of this research was 90 students of the candidate of the teacher of mathematics specified purposively then determined randomly which belong to experiment class and control class. Based on the results and discussion, it was concluded that: (1) Improvement the ability of mathematical creative reasoning of students’ who was a candidate for a math teacher who received Argument-Driven Inquiry (ADI) instruction is better than those who received direct instruction is reviewed based on the whole; (2) There was no different improvement the ability of mathematical creative reasoning of students’ who is a candidate for a math teacher who received Argument-Driven Inquiry (ADI) instruction and direct instruction was reviewed based on the type of Adversity Quotient (Quitter / AQ Low, Champer / AQ Medium, and the Climber / AQ High); (3) Learning factors and type of Adversity Quotient (AQ) affected the improvement of students’ mathematical creative reasoning ability. In addition, there was no interaction effect between learning and AQ together in developing of students’ mathematical creative reasoning ability; (4) mathematical creative reasoning ability of students’ who is a candidate for math teacher had not been achieved optimally on the indicators novelty.

  16. The demographic argument in Soviet debates over the legalization of abortion in the 1920s.

    Science.gov (United States)

    Solomon, S G

    1993-01-01

    Russia legalized abortion in 1920. State policy was pronatalist. Regional abortion commissions were established in order to monitor costs and maintain records. The physicians before the legal change were mainly against legalization. In 1923 the abortion rate was 2.91 abortions per live birth. A 1923 study by M. Karlin, M.D., found among 1362 women that the health risk to women of zero parity with an induced abortion was higher than giving birth. Public discussion of abortion was limited between 1921 and 1924. Russian physicians between 1925 and 1927 both publicly and privately discussed the problems; greater attention to demographic concerns occurred during the 1930s. The connection between abortion and the declining birth rate was established in a limited way in a May 1927 obstetricians' society meeting in Kiev, Ukraine. The albeit unreliable statistics appeared to confirm the decline in the birth rate due to increased numbers of abortions. The literature in the 1920s was devoted to the well-being of women as workers; abortion policy favored the interests of working women and was set up for prevention of unsafe illegal abortions. Russian demographers were more concerned with population movements. Surveys found that the profiled abortion client was indeed not destitute, but better off and married. Roesle, a German demographer, considered legal abortion beneficial in reducing maternal mortality, but he was criticized for obscuring abortions' impact on the birth rate. The debate in Russia was tangled in ideology. A comparison of abortion rates in Vienna and Moscow by a Viennese demographer Peller found similar rates regardless of legality. Peller further suggested that contraception had more to do with birth rates. Even though rural populations were hard hit by famine in 1931 and forced collectivization in 1929, increased rural abortions were blamed for the declining rural birth rates. The demographic argument against abortion became prominent again in 1931/32 after

  17. Argumentation and Reasoning in Design: An Empirical Analysis of the Effects of Verbal Reasoning on Idea Value in Group Idea Generation

    DEFF Research Database (Denmark)

    Cramer-Petersen, Claus L.; Ahmed-Kristensen, Saeema

    2016-01-01

    Reasoning is argumentative and is at the core of design activity and thinking. Understanding the influence of reasoning on the value of ideas is key to support design practice. The paper aims to show the effect of verbal reasoning on the value of ideas. Protocol analyses of four industry cases...

  18. Reasonableness in context: Taking into account institutional conventions in the pragma-dialectical evaluation of argumentative discourse

    NARCIS (Netherlands)

    Snoeck Henkemans, A.F.; Wagemans, J.H.M.; van Eemeren, F.H.; Garssen, B.

    2015-01-01

    Over the last couple of years, the pragma-dialectical research program has focused on the development of tools for the analysis and evaluation of argumentative discourse in specific institutional contexts, such as the domains of legal, political, medical, and academic communication.

  19. Public Health and Legal Arguments in Favor of a Policy to Cap the Portion Sizes of Sugar-Sweetened Beverages.

    Science.gov (United States)

    Roberto, Christina A; Pomeranz, Jennifer L

    2015-11-01

    In 2012, the New York City Board of Health passed a regulation prohibiting the sale of sugar-sweetened beverages in containers above 16 ounces in the city's food service establishments. The beverage industry and various retailers sued the city to prevent enforcement of the law, arguing that the board had overstepped its authority. In June 2014, the state's highest court agreed and struck down the regulation. Here we report the results of a content analysis of the public testimony related to the case submitted to the New York City Department of Mental Health and Hygiene. We identified major arguments in support of and against the sugar-sweetened beverage portion limit policy. We offer legal and scientific arguments that challenge the major anti-policy arguments and contend that, although this policy was not implemented in New York City, it can be legally pursued by other legislatures.

  20. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2015-01-01

    Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

  1. ON THE LIMITS OF LEGAL ARGUMENTATION: JUDICIAL ACTIVISM, JÜRGEN HABERMA AND CHANTAL MOUFFE

    Directory of Open Access Journals (Sweden)

    Juliana Brina Corrêa Lima de Carvalho

    2013-01-01

    Full Text Available This paper intends to discuss the idea of legitimacy which is in the core of the understanding about the balancing principles method outlined in the wake of the judicial activism assumed by the German Federal Constitutional Court (Bundesverfassungsgericht - BVG and, in Brazil, by the Supreme Court - STF. Initially, we studied Robert Alexy’s Teory of Legal Argumentantion as it constitutes one of the most influential interpretations of the German constitutional culture which tries to devise a methodology to rationally justify the difficulties brought about by the transition of the jurisprudence of the Bundesverfassungsgericht to activism. Then we proceeded to critically review Alexy’s theory through two theories: a the criticisms addressed by Jürgen Habermas with respect to the Law subordination to Moral, as well as to the relativization of principles; and b the agonistic model of democracy proposed by Chantal Mouffe, so as to deconstruct the balancing method’s claim to legitimacy, in order to criticize the model of rationality that serves as a substrate to the idea of legitimacy based on the ”argumentative representation.

  2. Evaluating an Intelligent Tutoring System for Making Legal Arguments with Hypotheticals

    Science.gov (United States)

    Pinkwart, Niels; Ashley, Kevin; Lynch, Collin; Aleven, Vincent

    2009-01-01

    Argumentation is a process that occurs often in ill-defined domains and that helps deal with the ill-definedness. Typically a notion of "correctness" for an argument in an ill-defined domain is impossible to define or verify formally because the underlying concepts are open-textured and the quality of the argument may be subject to discussion or…

  3. Arguments, more than confidence, explain the good performance of reasoning groups.

    Science.gov (United States)

    Trouche, Emmanuel; Sander, Emmanuel; Mercier, Hugo

    2014-10-01

    In many intellective tasks groups consistently outperform individuals. One factor is that the individual(s) with the best answer is able to convince the other group members using sound argumentation. Another factor is that the most confident group member imposes her answer whether it is right or wrong. In Experiments 1 and 2, individual participants were given arguments against their answer in intellective tasks. Demonstrating sound argumentative competence, many participants changed their minds to adopt the correct answer, even though the arguments had no confidence markers, and barely any participants changed their minds to adopt an incorrect answer. Confidence could not explain who changed their mind, as the least confident participants were as likely to change their minds as the most confident. In Experiments 3 (adults) and 4 (10-year-olds), participants solved intellective tasks individually and then in groups, before solving transfer problems individually. Demonstrating again sound argumentative competence, participants adopted the correct answer when it was present in the group, and many succeeded in transferring this understanding to novel problems. Moreover, the group member with the right answer nearly always managed to convince the group even when she was not the most confident. These results show that argument quality can overcome confidence among the factors influencing the discussion of intellective tasks. Explanations for apparent exceptions are discussed.

  4. Peacetime Reprisals Under Article 51: An Argument for Legal Legitimacy in Cases of Terrorism

    National Research Council Canada - National Science Library

    Coffey, Holly S

    1997-01-01

    This thesis proposes a change to Article 51 of the UN Charter. The use of peacetime reprisals should be afforded the same legal legitimacy under the Charter as are acts characterized as self-defense in situations of terrorism...

  5. Enhancing Adolescent Girls' Argument Skills in Reasoning about Personal and Non-Personal Decisions

    Science.gov (United States)

    Udell, Wadiya

    2007-01-01

    The present study sought to evaluate (a) the effectiveness of an intervention in developing adolescents' argument skills regarding a decision on a topic of high potential personal relevance (teen pregnancy) or one of general social relevance (capital punishment), and (b) differential effects of the two topics in promoting the generalization of…

  6. Rhetoric, Aboriginal Australians and the Northern Territory Intervention: A Socio-legal Investigation into Pre-legislative Argumentation

    Directory of Open Access Journals (Sweden)

    James A Roffee

    2016-03-01

    Full Text Available Presented within this article is a systematic discourse analysis of the arguments used by the then Australian Prime Minister and also the Minister for Indigenous Affairs in explaining and justifying the extensive and contentious intervention by the federal government into remote Northern Territory Aboriginal communities. The methods used within this article extend the socio-legal toolbox, providing a contextually appropriate, interdisciplinary methodology that analyses the speech act’s rhetorical properties. Although many academics use sound-bites of pre-legislative speech in order to support their claims, this analysis is concerned with investigating the contents of the speech acts in order to understand how the Prime Minister’s and Minister for Indigenous Affairs’ argumentations sought to achieve consensus to facilitate the enactment of legislation. Those seeking to understand legislative endeavours, policy makers and speech actors will find that paying structured attention to the rhetorical properties of speech acts yields opportunities to strengthen their insight. The analysis here indicates three features in the argumentation: the duality in the Prime Minister’s and Minister’s use of the Northern Territory Government’s Little Children are Sacred report; the failure to sufficiently detail the linkages between the Intervention and the measures combatting child sexual abuse; and the omission of recognition of Aboriginal agency and consultation.

  7. Healthy Reasoning: The Role of Effective Argumentation for Enhancing Elderly Patients' Self-management Abilities in Chronic Care.

    Science.gov (United States)

    Bigi, Sarah

    2014-01-01

    One of the biggest challenges for doctors working in chronic care is the correct management of the argumentation phases during the encounters with their patients. During these phases doctors should provide patients with acceptable reasons for being adherent to treatment and for changing certain unhealthy behaviors and lifestyles, something which is particularly difficult for elderly patients, for whom changing life long habits can be extremely hard. However, the medical literature on the subject of communication in the chronic care encounter shows lack of theoretical models and methodological approaches that can highlight which specific linguistic structures or elements in different communication styles favor or impede patient commitment, trust in the relationship and adherence to treatment. The contribution describes ongoing research on argumentative strategies in the encounter with diabetes patients. I describe one recently concluded research project on the argumentation phases of medical encounters in diabetes care, which highlighted critical areas in need of improvement. I also describe the design and aims of a new research project, aimed at testing the effectiveness and usability of certain argumentation schemes in the medical encounter.

  8. Designing and Understanding Forensic Bayesian Networks using Argumentation

    NARCIS (Netherlands)

    Timmer, S.T.

    2017-01-01

    The rise of forensic evidence in court has confronted the legal domain with a number of difficulties. It appears that a communication gap may exist between forensic and legal experts.Judges, lawyers and other legal experts are accustomed to argumentative reasoning, whereas forensic experts usually

  9. Islamic Modernists and Discourse on Reason as a Reconciliatory Argument between Islam and the Western Enlightenment

    Directory of Open Access Journals (Sweden)

    ASMAHAN SALLAH

    2015-06-01

    Full Text Available This article examines the debates on the relationship between Islam and reason during the nineteenth century and early twentieth century. It argues that these debates were transnational but were largely influenced by similar debates in the Western tradition. It also affirms that modernists used discourse on reason to reconcile Islam with Western Enlightenment. The article illustrates the various mechanisms which Islamic modernists implemented to facilitate such reconciliation. These mechanisms include rationalization of miracles, contesting the concept of prophethood, and rejecting the scholarship of Islamic jurisprudence and theology. Based on writings by several Islamic modernists, such as their biographies of Prophet Muhammad, Quran commentaries, and magazine articles in different Islamic countries, I ascribe these mechanisms to a gap between logic and experimental thought, a gap which seeped into the mind of Islamic modernists under the influence of Western contemporary thinkers. While this discourse claims compatibility between Islam and Western Enlightenment, it also resists the binary of the sacred and the secular, a major legacy of the Western Enlightenment.

  10. Do medical students generate sound arguments during small group discussions in problem-based learning?: an analysis of preclinical medical students' argumentation according to a framework of hypothetico-deductive reasoning.

    Science.gov (United States)

    Ju, Hyunjung; Choi, Ikseon; Yoon, Bo Young

    2017-06-01

    Hypothetico-deductive reasoning (HDR) is an essential learning activity and a learning outcome in problem-based learning (PBL). It is important for medical students to engage in the HDR process through argumentation during their small group discussions in PBL. This study aimed to analyze the quality of preclinical medical students' argumentation according to each phase of HDR in PBL. Participants were 15 first-year preclinical students divided into two small groups. A set of three 2-hour discussion sessions from each of the two groups during a 1-week-long PBL unit on the cardiovascular system was audio-recorded. The arguments constructed by the students were analyzed using a coding scheme, which included four types of argumentation (Type 0: incomplete, Type 1: claim only, Type 2: claim with data, and Type 3: claim with data and warrant). The mean frequency of each type of argumentation according to each HDR phase across the two small groups was calculated. During small group discussions, Type 1 arguments were generated most often (frequency=120.5, 43%), whereas the least common were Type 3 arguments (frequency=24.5, 8.7%) among the four types of arguments. The results of this study revealed that the students predominantly made claims without proper justifications; they often omitted data for supporting their claims or did not provide warrants to connect the claims and data. The findings suggest instructional interventions to enhance the quality of medical students' arguments in PBL, including promoting students' comprehension of the structure of argumentation for HDR processes and questioning.

  11. New Serbian criminal procedure: New reasons for harmonization with European legal standards

    Directory of Open Access Journals (Sweden)

    Đurđić Vojislav

    2014-01-01

    Full Text Available The new criminal procedure, set forth in 2011, represents a compilation of the inquisitive model of preliminary proceedings, on the one hand, and adversarial trial of the Anglo-American type of criminal procedure on the other. Introduction of the public prosecutor's investigation required a subtle legislative approach to the protection of human rights in criminal proceedings, in order to establish equilibrium between efficient and just procedure. Instead of the expected, the erroneous conception based on the ideas that the public prosecutor's investigation should be strictly formal as that of a court, that evidence taken by the non-judicial authorities should have the same bearing as those taken by the courts, and that the court should have no role in conducting investigation, resulted in an overly inferior position of the accuses compared to that of the public prosecutor. Beside the fact that such conception can not pass the ECJ test, the specific legal solutions referring the investigation open the question of harmonization with the European legal standards. The provisions on initiation of this phase of the proceedings, not being legally sanctioned, put in question the right of the accused to access justice, as well as his right to an effective legal remedy, and the introduced investigation against the unknown perpetrator, the right to be present at one's own trial is being jeopardized. Neither do all procedural rules pertaining to the trial support the fair procedure principle: the indirect extortion of evidence from the defense is discordant with the rule that the burden of proof lies on the prosecutor, as one of the main pillars of the assumption of innocence; as well as the broad opportunity to use non-judicial evidence at the hearing without any major legal obstacles, have demolished the principles of directness and contradictoriness. Even some of the minimal right of the defense as well as the guarantees of personal freedom in the course

  12. Designing and Understanding Forensic Bayesian Networks using Argumentation

    OpenAIRE

    Timmer, S.T.

    2017-01-01

    The rise of forensic evidence in court has confronted the legal domain with a number of difficulties. It appears that a communication gap may exist between forensic and legal experts.Judges, lawyers and other legal experts are accustomed to argumentative reasoning, whereas forensic experts usually quantify uncertainty with probabilities. This has resulted in a heated discussion among legal scholars about the role of numerical analyses of evidence in court. It has been argued that the source o...

  13. 17 CFR 201.451 - Oral argument before the Commission.

    Science.gov (United States)

    2010-04-01

    ... determines that the presentation of facts and legal arguments in the briefs and record and the decisional... must be made by motion filed reasonably in advance of the date fixed for argument. (d) Participation of... such participation. The decision shall state whether the required review was made. ...

  14. The latitude of logic in legal hermeneutics

    Directory of Open Access Journals (Sweden)

    Medar Suzana

    2014-01-01

    Full Text Available Legal hermeneutics (the interpretation of law] has always taken a highly significant place in general hermeneutics. The interpretation of laws involves an intricate task of determining the real meaning or rationale of legal norms. Considering the complexity of this goal, the most frequent classification of legal hermeneutics is based on the interpretation instruments. In traditional theory, the most widely recognized instruments for the interpretation of legal norms are language, logic, legal system, history and purpose of a legal norm. Under the influence of general analytic philosophy, the particular interest in language as the basic instrument for the interpretation of law may be found in mid-20th century. The interest in the language of law is closely related to the study of legal logic and legal argumentation. In theory, there is no dispute about the logical interpretation in a narrow sense which is based on drawing true conclusions by applying the basic rule of formal reasoning. Yet, it has given a head start to argumentation as 'a problem-based reasoning skill' which provides answers to the questions raised in contentious cases. Argumentation is closely associated with the dialectic method of reasoning (which has been widely recognized since the Ancient Greece], where conclusions are based on probable premises. One of the most significant goals of the argumentation theory is to locate the sources or common grounds for developing arguments; these basic argumentative patterns are generally known as 'topoi' or 'loci, sedes argumentorum'. On the other hand, 'topica' is part of rhetoric art dealing with the theoretical explanation of the basic argumentative patterns (topoi] and how they are structured, including the location of new topoi and arguments. The most significant proponents of the topical reasoning are Chaïm Perelman and Theodor Viehweg. Perelman relates topical reasoning to judicial reasoning and considers that specific legal topoi

  15. On the Sophistication of Naïve Empirical Reasoning: Factors Influencing Mathematicians' Persuasion Ratings of Empirical Arguments

    Science.gov (United States)

    Weber, Keith

    2013-01-01

    This paper presents the results of an experiment in which mathematicians were asked to rate how persuasive they found two empirical arguments. There were three key results from this study: (a) Participants judged an empirical argument as more persuasive if it verified that integers possessed an infrequent property than if it verified that integers…

  16. THE FUNCTION OF LEGAL REASONITY IN COURT JUDGEMENT (MODEL ON FINDING THE LAW REFLECTY PANCASILA VALUE

    Directory of Open Access Journals (Sweden)

    Deka Rachman Budihanto

    2017-09-01

    Full Text Available Legal research is a process to determine the rule of law, principles of law and legal doctrines in order to address the legal issues at hand. This study using a type of normative juridical (legal research. Rechtvinding understanding in Indonesian as legal discovery (translated literally could mislead rechtvinding function is to find concrete norm to associate the relevant legal facts. Adhering to the understanding of the rechtvinding the judge in carrying out its functions prosecute a legal case can not be separated from efforts to find concrete norms to be linked to the fact the law. Furthermore, when the facts of law has no grounding norms that govern mutatis mutandis thus not regulated in the rules of positive law and customary law. Scholasticism and dialectic method is used as a support hermeneutic interpretation of legal facts to me recht construction of a new legal norm normative ideas should not be separated from Idee recht itself. Rechvinding model contained in the provisions of the Basic Law of Judicial Authority Article 1 in Conjunction with Article 5, Article 10 in conjunction with Article 50 1 for the model Rechtvinding is the approach taken by norma series is a concept of morals and justice and practices considered society as law and the criminal law model rechtvinding is also banned norma concrete (new, to assess the actions (act so that an exit permit from the actions that have not been regulated in the act so that such actions are not punished.

  17. Tobacco industry argues domestic trademark laws and international treaties preclude cigarette health warning labels, despite consistent legal advice that the argument is invalid.

    Science.gov (United States)

    Crosbie, Eric; Glantz, Stanton A

    2014-05-01

    To analyse the tobacco industry's use of international trade agreements to oppose policies to strengthen health warning labels (HWLs). A review of tobacco industry documents, tobacco control legislation and international treaties. During the early 1990s, the tobacco industry became increasingly alarmed about the advancement of HWLs on cigarettes packages. In response, it requested legal opinions from British American Tobacco's law firms in Australia and England, Britain's Department of Trade and Industry and the World Intellectual Property Organisation on the legality of restricting and prohibiting the use of their trademarks, as embodied in cigarette packages. The consistent legal advice, privately submitted to the companies, was that international treaties do not shield trademark owners from government limitations (including prohibition) on the use of their trademarks. Despite receiving this legal advice, the companies publicly argued that requiring large HWLs compromised their trademark rights under international treaties. The companies successfully used these arguments as part of their successful effort to deter Canadian and Australian governments from enacting laws requiring the plan packaging of cigarettes, which helped delay large graphic HWLs, including 'plain' packaging, for over a decade. Governments should not be intimidated by tobacco company threats and unsubstantiated claims, and carefully craft HWL laws to withstand the inevitable tobacco industry lawsuits with the knowledge that the companies' own lawyers as well as authoritative bodies have told the companies that the rights they claim do not exist.

  18. Synergies: Effects of Source Representation and Goal Instructions on Evidence Quality, Reasoning, and Conceptual Integration during Argumentation-Driven Inquiry

    Science.gov (United States)

    Kim, So Mi; Hannafin, Michael J.

    2016-01-01

    This study examined how differing instructional scaffolding influenced the actual use of evaluation skills to improve argumentation quality during college science inquiry. Source representation scaffolds supported multi-faceted reflection of complex source properties while managing cognitive load. Students were given an online annotation tool…

  19. When will is not the same as should: The role of modals in reasoning with legal conditionals.

    Science.gov (United States)

    Gazzo Castañeda, Lupita Estefania; Knauff, Markus

    2016-01-01

    Naïve reasoners reject logically valid conclusions from conditional rules if they can think of exceptions in which the antecedent is true, but the consequent is not. However, when reasoning with legal conditionals (e.g., "If a person kills another human, then this person should be punished for manslaughter") people hardly consider exceptions but evaluate conclusions depending on their own sense of justice. We show that participants' reluctance to consider exceptions in legal reasoning depends on the modal auxiliary used. In two experiments we phrased legal conditionals either with the modal "should" (i.e., " . . . then this person should be punished"), or with "will" (i.e., " . . . then this person will be punished") and presented them as modus ponens or modus tollens inferences. Participants had to decide whether the offender should or will be punished (modus ponens) or whether the offender indeed committed the offence (modus tollens). For modus ponens inferences phrased with "should" we replicate previous findings showing that participants select conclusions on the basis of their own sense of justice (Experiments 1 and 2). Yet, when the legal conditional is phrased with the modal "will" this effect is attenuated (Experiments 1 and 2), and exceptions are considered (Experiment 1). The modal auxiliary did not affect modus tollens inferences.

  20. "...because I am something special" or "I think I will be something like a guinea pig": information and assent of legal minors in clinical trials – assessment of understanding, appreciation and reasoning

    Directory of Open Access Journals (Sweden)

    Schulze Ulrike

    2009-01-01

    Full Text Available Abstract Background The aim of this study is to assess and evaluate the capacities for understanding, appreciation and reasoning of legal minors with psychiatric disorders and their parents and their competence to consent or assent to participation in clinical trials. The beliefs, fears, motivation and influencing factors for decision-making of legal minors and parents were also examined. Methods Using the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR, an instrument developed for adults whose capacities to consent are unclear, we provided information about clinical trials and assessed understanding, appreciation and reasoning. We adapted this tool for legal minors and examined 19 children and adolescents between the ages of 7 and 15 with attention deficit/hyperactivity disorder (ADHD or ADHD combined with oppositional defiant disorder (DSM-IV 314.00/314.01/312.8 enrolled in clinical trials. Parents were also examined using the MacCAT-CR. Results Facts such as the procedures involved in trials or their duration were well understood by legal minors, but more abstract issues like the primary purpose of the trial were not understood by children and adolescents or by many parents. Legal minors also had difficulties understanding the nature of placebo and the probability of receiving placebo. Children's and adolescents' decisions were influenced by fears about their disorder worsening and by problems in their relationship with their parents. Parents wanted the best therapy for their children in order to minimize problems in school. Conclusion Legal minors and parents need to be informed more precisely about specific issues like placebo and the primary purpose of trials. In general, the reasoning of children and adolescents was influenced by their experience with their disorder and decision making was based on reasonable arguments. Their fears were based on everyday experiences such as school performance or family relationships.

  1. "...because I am something special" or "I think I will be something like a guinea pig": information and assent of legal minors in clinical trials – assessment of understanding, appreciation and reasoning

    Science.gov (United States)

    Koelch, Michael; Singer, Hanneke; Prestel, Anja; Burkert, Jessica; Schulze, Ulrike; Fegert, Jörg M

    2009-01-01

    Background The aim of this study is to assess and evaluate the capacities for understanding, appreciation and reasoning of legal minors with psychiatric disorders and their parents and their competence to consent or assent to participation in clinical trials. The beliefs, fears, motivation and influencing factors for decision-making of legal minors and parents were also examined. Methods Using the MacArthur Competence Assessment Tool for Clinical Research (MacCAT-CR), an instrument developed for adults whose capacities to consent are unclear, we provided information about clinical trials and assessed understanding, appreciation and reasoning. We adapted this tool for legal minors and examined 19 children and adolescents between the ages of 7 and 15 with attention deficit/hyperactivity disorder (ADHD) or ADHD combined with oppositional defiant disorder (DSM-IV 314.00/314.01/312.8) enrolled in clinical trials. Parents were also examined using the MacCAT-CR. Results Facts such as the procedures involved in trials or their duration were well understood by legal minors, but more abstract issues like the primary purpose of the trial were not understood by children and adolescents or by many parents. Legal minors also had difficulties understanding the nature of placebo and the probability of receiving placebo. Children's and adolescents' decisions were influenced by fears about their disorder worsening and by problems in their relationship with their parents. Parents wanted the best therapy for their children in order to minimize problems in school. Conclusion Legal minors and parents need to be informed more precisely about specific issues like placebo and the primary purpose of trials. In general, the reasoning of children and adolescents was influenced by their experience with their disorder and decision making was based on reasonable arguments. Their fears were based on everyday experiences such as school performance or family relationships. PMID:19175905

  2. Argumentation and Reasoning in Design: An Empirical Analysis of the Effects of Verbal Reasoning on Idea Value in Group Idea Generation

    DEFF Research Database (Denmark)

    Cramer-Petersen, Claus L.; Ahmed-Kristensen, Saeema

    2016-01-01

    doing idea generation shows that framing by certainty and deductive reasoning lead to useful incremental ideas while framing by uncertainty and abductive reasoning lead to radical ideas. The paper concludes that the way of framing ideas is indicative of how ideas add value to on-going design processes....

  3. The Role of Argumentation in Hypothetico-Deductive Reasoning during Problem-Based Learning in Medical Education: A Conceptual Framework

    Science.gov (United States)

    Ju, Hyunjung; Choi, Ikseon

    2018-01-01

    One of the important goals of problem-based learning (PBL) in medical education is to enhance medical students' clinical reasoning--hypothetico-deductive reasoning (HDR) in particular--through small group discussions. However, few studies have focused on explicit strategies for promoting students' HDR during group discussions in PBL. This paper…

  4. The Reasoned Arguments of a Group of Future Biotechnology Technicians on a Controversial Socio-Scientific Issue: Human Gene Therapy

    Science.gov (United States)

    Simonneaux, Laurence; Chouchane, Habib

    2011-01-01

    We tried to determine the reasoning behind the stances taken by a group of 19-21-year-old students on the controversial issue of the feasibility and acceptability of human gene therapy. The students were in training at a biotechnology institute. We organised classroom debates, punctuated by phases of epistemological "disturbances". We…

  5. Defining Rhetorical Argumentation

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    2013-01-01

    rhetoric as practical reasoning, i.e., reasoning on proposals for action or choice, not on propositions that may be either true or false. Citing several contemporary philosophers, the article argues that such a definition acquits rhetorical argumentation of any culpable unconcern with truth and explains...... certain peculiar properties of it that tend to be under-theorized in argumentation theory....

  6. Medico-legal reasoning in disability assessment: A focus group and validation study

    Directory of Open Access Journals (Sweden)

    Rus M

    2008-09-01

    Full Text Available Abstract Background Decisions on disability pensions are based, among others, on medical reports. The way these medical assessments are performed is largely unclear. The aim of the study was to determine which grounds are used by social insurance physicians (SIPs in these assessments and to determine if the identification of these grounds can help improve the quality of assessments in social insurance practice. The article describes a focus group study and a questionnaire study with SIPs in four different countries. Method Using focus group discussions of SIPs discussing the same case in Belgium, the Netherlands, Norway and Slovenia (N = 29 we determined the arguments and underlying grounds as used by the SIP's. We used a questionnaire study among other SIPs (N = 60 in the same countries to establish a first validation of these grounds. Results Grounds in the focus groups were comparable between the countries studied. The grounds were also recognized by SIPs who had not participated in the focus groups. SIPs agreed most on grounds with regard to the claimant's health condition, and about the claimant's duty to explore rehabilitation and work resumption, but less on accepting permanent incapacity when all options for treatment were exhausted. Conclusion Grounds that SIPs use refer to a limited group of key elements of disability evaluation. SIPs interpret disability in social insurance according to the handicapped role and strive at making their evaluation fair trials. ICF is relevant with regard to the health condition and to the process of evaluation. Identification of grounds is a valuable instrument for controlling the quality of disability evaluation. The grounds also appear to be internationally comparable which may enhance scientific study in this area.

  7. The inextricable entanglement of argumentation and interpretation in law

    Directory of Open Access Journals (Sweden)

    Marković Miloš

    2017-01-01

    Full Text Available At the basis of tireless efforts to explain the nature of law lies the question of how judges should decide cases. Therefrom arises a need for a theory that would clarify the role of the courts and, moreover, provide guidance to them on reaching judgments. The history of legal theory abounds with various attempts to offer a generally acceptable answer to the question raised. The fervor of debate and the perpetual dissatisfaction with offered solutions prompted the thought of untamable arbitrariness of judges. In the contemporary debate the significance of argumentation is particularly emphasized as a link of the court procedure which provides reasonableness and therewith justification and persuasiveness of the decision. Before going into the matter, I will indicate in broad strokes which areas of legal theory do argumentation and interpretation belong to. The purpose of setting a conceptual framework is to prevent losing sight of the whole as well as to limit the scope of discourse to a certain section of legal issues. The second part deals with the concept of argumentation in general and some specific features of the argumentation in law. The third part examines the role of legal interpretation and draws a clear distinction between the interpretation as a process and the interpretation as a result. At the end of the discussion I shall put forward a thesis that the interpretation as a process is argumentation, while the interpretation as a result is an argument in the justification of judgment.

  8. Identifying health insurance predictors and the main reported reasons for being uninsured among US immigrants by legal authorization status.

    Science.gov (United States)

    Vargas Bustamante, Arturo; Chen, Jie; Fang, Hai; Rizzo, John A; Ortega, Alexander N

    2014-01-01

    This study identifies differences in health insurance predictors and investigates the main reported reasons for lacking health insurance coverage between short-stayed (≤ 10 years) and long-stayed (>10 years) US immigrant adults to parse the possible consequences of the Affordable Care Act among immigrants by length of stay and documentation status. Foreign-born adults (18-64 years of age) from the 2009 California Health Interview Survey are the study population. Health insurance coverage predictors and the main reasons for being uninsured are compared across cohorts and by documentation status. A logistic-regression two-part multivariate model is used to adjust for confounding factors. The analyses determine that legal status is a strong health insurance predictor, particularly among long-stayed undocumented immigrants. Immigration status is the main reported reason for lacking health insurance. Although long-stayed documented immigrants are likely to benefit from the Affordable Care Act implementation, undocumented immigrants and short-stayed documented immigrants may encounter difficulties getting health insurance coverage. Copyright © 2013 John Wiley & Sons, Ltd.

  9. A Legal Negotiatiton Support System Based on A Diagram

    Science.gov (United States)

    Nitta, Katsumi; Shibasaki, Masato; Yasumura, Yoshiaki; Hasegawa, Ryuzo; Fujita, Hiroshi; Koshimura, Miyuki; Inoue, Katsumi; Shirai, Yasuyuki; Komatsu, Hiroshi

    We present an overview of a legal negotiation support system, ANS (Argumentation based Negotiation support System). ANS consists of a user interface, three inference engines, a database of old cases, and two decision support modules. The ANS users negotiates or disputes with others via a computer network. The negotiation status is managed in the form of the negotiation diagram. The negotiation diagram is an extension of Toulmin’s argument diagram, and it contains all arguments insisted by participants. The negotiation protocols are defined as operations to the negotiation diagram. By exchanging counter arguments each other, the negotiation diagram grows up. Nonmonotonic reasoning using rule priorities are applied to the negotiation diagram.

  10. The Ethics of Argumentation

    Directory of Open Access Journals (Sweden)

    Vasco Correia

    2012-06-01

    Full Text Available Normative theories of argumentation tend to assume that logical and dialectical rules suffice to ensure the rationality of argumentative discourse. Yet, in everyday debates people use arguments that seem valid in light of such rules but nonetheless biased and tendentious. This article seeks to show that the rationality of argumentation can only be fully promoted if we take into account its ethical dimension. To substantiate this claim, I review some of the empirical evidence indicating that people’s inferential reasoning is systematically affected by a variety of biases and heuristics. Insofar as these cognitive illusions are typically unintentional, it appears that arguers may be biased despite their well-intended efforts to follow the rules of critical argumentation. Nevertheless, I argue that people remain responsible for the rationality of their arguments, given that there are a number of measures that they can (and ought to take to avoid such distortions. I highlight the importance of argumentational virtues and critical thinking to rational debates, and describe a set of indirect strategies of “argumentative self-control”.

  11. Family Arguments

    Science.gov (United States)

    ... Spread the Word Shop AAP Find a Pediatrician Family Life Medical Home Family Dynamics Adoption & Foster Care ... Life Listen Español Text Size Email Print Share Family Arguments Page Content Article Body We seem to ...

  12. Domestic Violence against Children: Nature, Reason and Some Solutions for Its Treatment in the Light of Legal Attempts

    Directory of Open Access Journals (Sweden)

    Seyed Masoud Noori

    2007-11-01

    Full Text Available International and national documents consider family as the fundamental social institute and the natural base of growth and development of the personality of children. On the basis of this principle and according to the religious teachings and local traditions and customs, the positive laws consider family as a strong sanctuary. The governments are not much inclined to extend the field of their supervision to the inner perimeters of family. The judicial procedures too more or less follow the same pattern. On the other hand, the studies conducted in different parts of the world indicate that child abuse in the family occurs by the parents, legal custodians and the close relatives of the children and adolescents. Overemphasis on the sanctity of family and weak incentive of the families in interfering in the perimeters of family have landed the children and adolescents in an undesirable situation. The present paper is an attempt to define violence against children and introduce its various kinds. Then attempts have been made to discuss the reasons for child abuse in the family. The principles of the convention on the child’s rights (CRC for protection of the children against violence as well as Iranian laws have been taken into consideration in this study. Also the media, religion, and the social functions of the religious leaders and their role in campaign against domestic violence against children have been also discussed. اسناد بین المللی و ملی، خانواده را رکن اساسی اجتماع و جایگاه طبیعی رشد و شکوفایی شخصیت کودکان شمرده‌اند. بر این اساس و همسو با آموزه‌های دینی و آداب و رسوم محلی، قوانین موضوعه برای خانواده حریم مستحکمی قائل شده‌اند و دولت‌ها نیز کمتر مایلند نظارت و حوزه رفتار خود را به درون خانواده تسری

  13. The Concept of Justice: Argumentation and Dialogism

    Directory of Open Access Journals (Sweden)

    Ana Lúcia Tinoco Cabral

    2014-06-01

    Full Text Available This paper presents a reflection attempting to situate the concepts of justice and argumentation in Perelman’s approach in dialogue with the Bakhtin Circle’s theories. For this purpose, it analyses the concept of justice, deals with the concept of argumentation in order to situate its field and to emphasize how it supports the concept of justice, highlights the ethical and dialogical aspects of legal argumentation, establishing connections between Perelman’s ideas and dialogic principles of language, and, finally, attempts to show how different voices intersect in the argumentative confrontation through the analysis of two excerpts of legal discourses.

  14. An Investigation of Pre-Service Middle School Mathematics Teachers' Ability to Conduct Valid Proofs, Methods Used, and Reasons for Invalid Arguments

    Science.gov (United States)

    Demiray, Esra; Isiksal Bostan, Mine

    2017-01-01

    The purposes of this study are to investigate Turkish pre-service middle school mathematics teachers' ability in conducting valid proofs for statements regarding numbers and algebra in terms of their year of enrollment in a teacher education program, to determine the proof methods used in their valid proofs, and to examine the reasons for their…

  15. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study two...... texts disseminating legal concepts in different situations (Wikipedia article for general public, article from ministry aimed at children and adolescents) and especially investigate, to what extent the paraphrase concept is applicable also for describing dissemination strategies in such situations....... In the conclusion, hypotheses for further investigation of knowledge dissemination in the field of law are formulated....

  16. Health Information Professionals in a Global eHealth World: Ethical and legal arguments for the international certification and accreditation of health information professionals.

    Science.gov (United States)

    Kluge, Eike-Henner W

    2017-01-01

    Issues such as privacy, security, quality, etc. have received considerable attention in discussions of eHealth, mHealth and pHealth. However, comparatively little attention has been paid to the fact that these methods of delivering health care situate Health Information Professionals (HIPs) in an ethical context that is importantly different from that of traditional health care because they assign a fiduciary role to HIPs that they did not have before, their previous technical involvement notwithstanding. Even less attention has been paid to the fact that when these methods of health care delivery are interjurisdictional, they situate HIPs in an ethical fabric that does not exist in the intra-jurisdictional setting. Privacy and other informatic patient rights in the context of traditional health care are identified and the role that HIPs play in this connection is analysed and distinguished from the role HIPs play in eHealth in order to determine whether the 2002 IMIA Code of Ethics provides sufficient guidance for HIPs in eHealth and associated settings. The position of inter-jurisdictional corporate eHealth providers is also touched upon. It is found that in eHealth, mHealth and pHealth the ethical and legal position of HIPs differs importantly from that in traditional technologically-assisted health care because HIPs have fiduciary obligations they did not have before. It is also found that the 2002 IMIA Code of Ethics, which provides the framework for the codes of ethics that are promulgated by its various member organizations, provides insufficient guidance for dealing with issues that arise in this connection because they do not acknowledge this important change. It is also found that interjurisdictional eHealth etc. raises new ethical and legal issues for the corporate sector that transcend contractual arrangements. The 2002 IMIA Code of Ethics should be revised and updated to provide guidance for HIPs who are engaged in eHealth and related methods of health

  17. Practical Argumentation, alias Rhetoric: From Argument Mining to Argument Assessment?

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    dimensions are typically incommensurable. This makes a step from descriptive argument mining to normative argument assessment problematic. Subjectivity is necessarily and legitimately involved, and scalar computation of argument merit is impossible. On the other hand, normative assessment of practical...

  18. WHAT ROLE SHOULD PUBLIC OPINION PLAY IN ETHICO-LEGAL DECISION MAKING? THE EXAMPLE OF SELECTING SEX FOR NON-MEDICAL REASONS USING PREIMPLANTATION GENETIC DIAGNOSIS.

    Science.gov (United States)

    Fovargue, Sara; Bennett, Rebecca

    2016-01-01

    In this article, we consider the prohibition on the use of preimplantation genetic diagnosis to select an embryo on the basis of its sex for non -: medical reasons. We use this as a case study to explore the role that public consultations have and should play in ethico-legal decision-making. Until the Human Fertilisation and Embryology Act 1990 was amended by the Human Fertilisation and Embryology Act 2008, non-medical sex selection of an embryo was not statutorily regulated, but it was the policy of the Human Fertilisation and Embryology Authority that such selection should not occur. However, since 2009, it has been a criminal offence to select an embryo on the basis of its sex for non-medical reasons. We consider the reasons given for this change and explore the role that 'public opinion' had in the decision-making process. On the face of it, asking the public what they think seems reasonable, fair and democratic, and those who are not in favour of public consultations being accorded great weight in matters of policy may appear out of touch and as wanting to impose their moral views on the public at large. But there are problems with doing so, especially when seeking to regulate ethically controversial issues. We discuss whether regulation should be influenced by public opinion obtained via 'public consultations', and utilise sex selection for non-medical reasons as an example of how (apparently) public opinion was used to support the criminalisation of this practice. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  19. Analogical Argument Schemes and Complex Argument Structure

    Directory of Open Access Journals (Sweden)

    Andre Juthe

    2015-09-01

    Full Text Available This paper addresses several issues in argumentation theory. The over-arching goal is to discuss how a theory of analogical argument schemes fits the pragma-dialectical theory of argument schemes and argument structures, and how one should properly reconstruct both single and complex argumentation by analogy. I also propose a unified model that explains how formal valid deductive argumentation relates to argument schemes in general and to analogical argument schemes in particular. The model suggests “scheme-specific-validity” i.e. that there are contrasting species of validity for each type of argument scheme that derive from one generic conception of validity.

  20. Van Inwagen on the Cosmological Argument | Brueckner ...

    African Journals Online (AJOL)

    In his book Metaphysics, Peter van Inwagen constructs a version of the Cosmological Argument which does not depend on the Principle of Sufficient Reason. He goes on to reject the argument. In this paper, I construct an alternative version of the Cosmological Argument that uses some of van Inwagen's insights and yet is ...

  1. Arguments densos

    OpenAIRE

    Lopez de la Vieja, Mª Teresa

    1999-01-01

    Aquest article tracta de l'ús cognitiu dels textos literaris. Seguint els suggeriments d'una Novel·la, Der Vater eines Mörders, d'A Andersch, tractem d'elucidar la funció cognitiva, fins i tot argumentativa, de la literatura. Alguns arguments poden donar soportea aquest model: a) En la majoria dels casos, la filosofia moral no té a la seva disposició informació sobre situacions extremes i, d'altra banda, la filosofia no hauria de negligir aquestes experiències; b) La possibilitat de re...

  2. On the relation between moral, legal and evaluative justifications of pre-implantation genetic diagnosis (PGD).

    Science.gov (United States)

    Lohmann, Georg

    2003-01-01

    In Germany the question whether to uphold or repeal the judicial prohibition on Pre-implantation Genetic Diagnosis (PGD) is being debated from quite different standpoints. This paper differentiates the major arguments according to their reasons as a) moral, b) evaluative (i.e. cultural/religious), and c) legal. The arguments for and against PGD can be divided by content into three groups: arguments relating to the status of the embryo, focusing on individual actions in the implementation of PGD, and relating to the foreseeable or probable consequences of PGD. In Germany, from a legal perspective, the status of the embryo does not permit the intervention of PGD; from a purely moral perspective, a prohibition on PGD does not appear defensible. It remains an open question, however, whether the moral argument permitting PGD should be restricted for evaluative (cultural) reasons. The paper discusses the species-ethical reasons, for which Jurgen Habermas sees worrisome consequences in the wake of PGD to the extent that we comprehend it as the forerunner of a 'positive eugenics'. It would so disrupt the natural preconditions of our universal morality. The question of whether to prohibit or allow PGD is not merely a question of simple moral and/or legal arguments, but demands a choice between evaluative, moral and (still to be specified) species-ethical arguments, and the question remains open.

  3. Should Drugs Be Legalized?

    Science.gov (United States)

    Chambliss, William; Scorza, Thomas

    1989-01-01

    Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

  4. Legal Logic? Or can we do without?

    NARCIS (Netherlands)

    Soeteman, A.

    2004-01-01

    In this paper the thesis is argued that there is no need for a special legal logic to deal with the defeasibility of legal arguments. An important argument for this thesis is that legal judgements ask for a complete justification and that such a complete justification requires a deductively valid

  5. The parenthood argument.

    Science.gov (United States)

    Simkulet, William

    2018-01-01

    Don Marquis is well known for his future like ours theory (FLO), according to which the killing beings like us is seriously morally wrong because it deprives us of a future we can value. According to Marquis, human fetuses possess a future they can come to value, and thus according to FLO have a right to life. Recently Mark Brown has argued that even if FLO shows fetuses have a right to life, it fails to show that fetuses have a right to use their mother's body, evoking Judith Jarvis Thomson's famous violinist case. In the wake of Brown's conclusion, Marquis presents a new argument-the parenthood argument (PA)-which he believes shows that abortion is seriously morally wrong. Here I argue that the PA fails to show abortion is seriously morally wrong for the same reasons FLO fails to show abortion is seriously morally wrong. © 2017 John Wiley & Sons Ltd.

  6. Razão, pluralismo e argumentação: a contribuição de Chaim Perelman Reason, pluralism, and argumentation: Chaim Perelman’s contribution

    Directory of Open Access Journals (Sweden)

    Márcio Silveira Lemgruber

    1999-06-01

    Full Text Available O artigo aborda a revalorização da busca de adesão por meio da retórica propiciada, em meados de nosso século, pela obra de Chaim Perelman. Este autor critica o expansionismo indevido de um tipo de razão - dedutiva, demonstrativa - que acabou por se impor como modelo de verdade para todos os campos do conhecimento. Traçam-se paralelos entre a teoria da argumentação e temas da filosofia e da história da ciência, sobretudo a noção de razão que vem balizando as considerações sobre o conhecimento científico nos últimos séculos. Perelman classifica como monismo metodológico a escolha de um tipo de razão como necessária, e mostra que condiciona uma visão de mundo, trazendo, inclusive, conseqüências políticas já que legitima uma forma de exercício autoritário do poder.Starting in the mid-twentieth century, the works of Chaim Perelman played an important role in renewed esteem for the use of rhetoric in wining adherents. Perelman’s criticisms focused on what he considered the undue expansionism of one type of reason - that is, deductive, demonstrative - which eventually prevailed as the model of truth for all fields of knowledge. Parallels are drawn between argumentation theory and themes within philosophy and the history of science, most particularly the notion of reason that has underlain thoughts on scientific knowledge in recent centuries. According to Perelman, electing one type of reason to be necessary constitutes methodological monism. He demonstrates how this approach molds a particular world view and, since it legitimizes an authoritarian form of power, it also has political consequences.

  7. Peter Singer's argument for utilitarianism.

    Science.gov (United States)

    Buckle, Stephen

    2005-01-01

    The paper begins by situating Singer within the British meta-ethical tradition. It sets out the main steps in his argument for utilitarianism as the 'default setting' of ethical thought. It argues that Singer's argument depends on a hierarchy of reasons, such that the ethical viewpoint is understood to be an adaptation--an extension--of a fundamental self-interest. It concludes that the argument fails because it is impossible to get from this starting-point in self-interest to his conception of the ethical point of view. The fundamental problem is its mixing the immiscible: the Humean subordination of reason to interest with the Kantian conception of reason as universal and authoritative.

  8. Belief in the Claim of an Argument Increases Perceived Argument Soundness

    Science.gov (United States)

    Wolfe, Michael B.; Kurby, Christopher A.

    2017-01-01

    We examined subjects' ability to judge the soundness of informal arguments. The argument claims matched or did not match subject beliefs. In all experiments subjects indicated beliefs about spanking and television violence in a prescreening. Subjects read one-sentence arguments consisting of a claim followed by a reason and then judged the…

  9. The Effect of Writing on Students' Argument-Evaluation Processes.

    Science.gov (United States)

    Hill, Charles A.

    A study examined the influence of two different writing tasks on the ways in which students evaluate arguments on one controversial issue. Subjects, 20 first-year college students, evaluated 2 argumentative articles on the issue of drug legalization. Subjects rated the strength of the argument of each paragraph as they read. Ten of the subjects…

  10. Relations between Inductive Reasoning and Deductive Reasoning

    Science.gov (United States)

    Heit, Evan; Rotello, Caren M.

    2010-01-01

    One of the most important open questions in reasoning research is how inductive reasoning and deductive reasoning are related. In an effort to address this question, we applied methods and concepts from memory research. We used 2 experiments to examine the effects of logical validity and premise-conclusion similarity on evaluation of arguments.…

  11. Argumentative Bluff in Eristic Discussion : An Analysis and Evaluation

    NARCIS (Netherlands)

    van Laar, Jan Albert

    How does the analysis and evaluation of argumentation depend on the dialogue type in which the argumentation has been put forward? This paper focuses on argumentative bluff in eristic discussion. Argumentation cannot be presented without conveying the pretence that it is dialectically reasonable, as

  12. Towards a Foundation for Comprehensive Argumentation Scheme Support in Argumentative Dialogue Games

    OpenAIRE

    Wells, Simon

    2013-01-01

    A presentation that I gave at Computational Models of Natural Argument (CMNA) 13, a workshop hosted by the International Conference on Artificial Intelligence and Law (ICAIL) 2013. In this presentation I talk about the need for dialogue games to better support [1] building arguments from their constituent parts, and [2] relating those argument elements to the stereotypical patterns of reasoning that underpin the whole argument.

  13. Trust arguments

    International Nuclear Information System (INIS)

    Gelman, S.M.

    1995-01-01

    Full text: Public Information Centre of JSC Mashinastroitelny Zavod ('Elemash ' was founded in 1990. Before that any information about the enterprise (being, by the way' manufacturer of nuclear fuel for 20 NPPs, of Russia and a number of foreign countries) were forbidden to be given in mass medial conventional conversations outside the factory and even in the families of the employees. This caused the most fantastic ideas about materials and technologies used here as well as their impact on the environment in Electrostal (50 km on the east of Moscow) where the enterprise is situated. Since the moment of its creation the Centre is not only informing the population about the technological and ecological peculiarities of nuclear fuel manufacturing, but also forms positive attitude both, towards the activity of the enterprise atomic energy as a whole. During the 4 years of its existence te Center was visited by more than 5.000 people; the majority of them are schoolchildren students with whom we are in close contact because we realize that the 'pro-nuclear' orientation of the mentality should be founded in the early age when humans world outlook is-formed. In the more aged group the majority are the workers of the factories nearby, military and retired people and reporters of te town's newspapers. We've good amount of demonstration materials, which speak in favour of the atomic energy and enterprises of the nuclear fuel cycle engaged in it. These are NPPs schemes, mock-ups of nuclear reactors, assemblies manufactured by the factory and a wide variety of films on nuclear energy. Video films made in the main workshops are of peculiar interest; automation of the technology process, providing not only for nuclear fuel quality but also for high level of nuclear and radiation safety during its production. We pay attention not only to traditional arguments in favour of the atomic energy, but draw attention of the public to the fact that a factory engaged in the nuclear fuel

  14. Modelling Scientific Argumentation in the Classroom : Teachers perception and practice

    Science.gov (United States)

    Probosari, R. M.; Sajidan; Suranto; Prayitno, B. A.; Widyastuti, F.

    2017-02-01

    The purposes of this study were to investigate teacher’s perception about scientific argumentation and how they practice it in their classroom. Thirty biology teachers in high school participated in this study and illustrated their perception of scientific argumentation through a questionnaire. This survey research was developed to measure teachers’ understanding of scientific argumentation, what they know about scientific argumentation, the differentiation between argument and reasoning, how they plan teaching strategies in order to make students’ scientific argumentation better and the obstacles in teaching scientific argumentation. The result conclude that generally, teachers modified various representation to accommodate student’s active participation, but most of them assume that argument and reasoning are similar. Less motivation, tools and limited science’s knowledge were considered as obstacles in teaching argumentation. The findings can be helpful to improving students’ abilities of doing scientific argumentation as a part of inquiry.

  15. Law and logic : a review from an argumentation perspective

    NARCIS (Netherlands)

    Prakken, H.; Sartor, Giovanni

    2015-01-01

    This article reviews legal applications of logic, with a particularly marked concern for logical models of legal argument. We argue that the law is a rich test bed and important application field for logic-based AI research. First applications of logic to the representation of legal regulations are

  16. Dialogical argumentation in elementary science classrooms

    Science.gov (United States)

    Kim, Mijung; Roth, Wolff-Michael

    2018-02-01

    To understand students' argumentation abilities, there have been practices that focus on counting and analyzing argumentation schemes such as claim, evidence, warrant, backing, and rebuttal. This analytic approach does not address the dynamics of epistemic criteria of children's reasoning and decision-making in dialogical situations. The common approach also does not address the practice of argumentation in lower elementary grades (K-3) because these children do not master the structure of argumentation and, therefore, are considered not ready for processing argumentative discourse. There is thus little research focusing on lower elementary school students' argumentation in school science. This study, drawing on the societal-historical approach by L. S. Vygotsky, explored children's argumentation as social relations by investigating the genesis of evidence-related practices (especially burden of proof) in second- and third-grade children. The findings show (a) students' capacity for connecting claim and evidence/responding to the burden of proof and critical move varies and (b) that teachers play a significant role to emphasize the importance of evidence but experience difficulties removing children's favored ideas during the turn taking of argumentative dialogue. The findings on the nature of dialogical reasoning and teacher's role provide further insights about discussions on pedagogical approaches to children's reasoning and argumentation.

  17. Argument-based negotiation within a social context

    OpenAIRE

    Karunatillake, NC; Jennings, NR; Rahwan, I; Norman, TJ

    2006-01-01

    Argumentation-based negotiation (ABN) provides agents with an effective means to resolve conflicts within a multi-agent society. However, to engage in such argumentative encounters the agents require the ability to generate arguments, which, in turn, demands four fundamental capabilities: a schema to reason in a social context, a mechanism to identify a suitable set of arguments, a language and a protocol to exchange these arguments, and a decision making functionality to generate such dialog...

  18. Formalising arguments about the burden of persuasion.

    NARCIS (Netherlands)

    Prakken, H.; Sartor, G.

    2007-01-01

    This paper presents an argument-based logic for reasoning about allocations of the burden of persuasion. The logic extends the system of Prakken (2001), which in turn modified the system of Prakken & Sartor (1996) with the possibility to distribute the burden of proof over both sides in an argument

  19. Analyzing Argumentation In Rich, Natural Contexts

    Directory of Open Access Journals (Sweden)

    Anita Reznitskaya

    2008-02-01

    Full Text Available The paper presents the theoretical and methodological aspects of research on the development of argument- ation in elementary school children. It presents a theoretical framework detailing psychological mechanisms responsible for the acquisition and transfer of argumentative discourse and demonstrates several applications of the framework, described in sufficient detail to guide future empirical investigations of oral, written, individual, or group argumentation performance. Software programs capable of facilitating data analysis are identified and their uses illustrated. The analytic schemes can be used to analyze large amounts of verbal data with reasonable precision and efficiency. The conclusion addresses more generally the challenges for and possibilities of empirical study of the development of argumentation.

  20. Defining Legal Moralism

    DEFF Research Database (Denmark)

    Thaysen, Jens Damgaard

    2015-01-01

    This paper discusses how legal moralism should be defined. It is argued that legal moralism should be defined as the position that “For any X, it is always a pro tanto reason for justifiably imposing legal regulation on X that X is morally wrong (where “morally wrong” is not conceptually equivalent...... to “harmful”)”. Furthermore, a distinction between six types of legal moralism is made. The six types are grouped according to whether they are concerned with the enforcement of positive or critical morality, and whether they are concerned with criminalising, legally restricting, or refraining from legally...... protecting morally wrong behaviour. This is interesting because not all types of legal moralism are equally vulnerable to the different critiques of legal moralism that have been put forth. Indeed, I show that some interesting types of legal moralism have not been criticised at all....

  1. The Illusion of Argument Justification

    Science.gov (United States)

    Fisher, Matthew; Keil, Frank

    2013-01-01

    Argumentation is an important way to reach new understanding. Strongly caring about an issue, which is often evident when dealing with controversial issues, has been shown to lead to biases in argumentation. We suggest that people are not well calibrated in assessing their ability to justify a position through argumentation, an effect we call the illusion of argument justification. Furthermore we find that caring about the issue further clouds this introspection. We first show this illusion by measuring the difference between ratings before and after producing an argument for one’s own position. The strength of the illusion is predicted by the strength of care for a given issue (Study 1). The tacit influences of framing and priming do not override the effects of emotional investment in a topic (Study 2). However, explicitly considering counterarguments removes the effect of care when initially assessing the ability to justify a position (Study 3). Finally, we consider our findings in light of other recent research and discuss the potential benefits of group reasoning. PMID:23506085

  2. Indonesian legal framework to support innovation sustainability

    Science.gov (United States)

    Pratama, Bambang

    2018-03-01

    The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

  3. Characteristics of Effective Argumentation.

    Science.gov (United States)

    Frana, Adrian W.

    1989-01-01

    Examines how the 1988 Presidential Debates provide a resource for effective instruction in public argument. Provides several examples of effective (and ineffective) argumentative speaking taken from the debates. (MM)

  4. Logically Incorrect Arguments

    Czech Academy of Sciences Publication Activity Database

    Svoboda, Vladimír; Peregrin, Jaroslav

    2016-01-01

    Roč. 30, č. 3 (2016), s. 263-287 ISSN 0920-427X R&D Projects: GA ČR(CZ) GA13-21076S Institutional support: RVO:67985955 Keywords : argumentation * logical form * incorrect argument * correct arguments Subject RIV: AA - Philosophy ; Religion Impact factor: 0.689, year: 2016

  5. Institutional Boundaries on the Evaluation of Argumentation in Legislative Discussions

    NARCIS (Netherlands)

    Plug, H.J.

    2010-01-01

    In order to be able to evaluate argumentation supporting judicial decisions, certain norms of reasonableness will have to be agreed upon. These norms will enable us to decide on the soundness of the argumentation. Various publications demonstrated that the pragma-dialectical argumentation theory, in

  6. The Abuses of Argument: Understanding Fallacies on Toulmin’s Layout of Argument

    Directory of Open Access Journals (Sweden)

    Andrew Pineau

    2013-12-01

    Full Text Available This paper provides a preliminary account of fallacies on Toulmin’s model of argument, one that improves upon previous attempts to understand fallacies on this argument scheme. To do this Johnson and Blair’s (1983 taxonomy of three basic fallacies (irrelevant reason, hasty conclusion and problematic premise is examined using Toulmin’s layout.

  7. Argumentative Bluff in Eristic Discussion: An Analysis and Evaluation

    OpenAIRE

    van Laar, Jan Albert

    2010-01-01

    How does the analysis and evaluation of argumentation depend on the dialogue type in which the argumentation has been put forward? This paper focuses on argumentative bluff in eristic discussion. Argumentation cannot be presented without conveying the pretence that it is dialectically reasonable, as well as, at least to some degree, rhetorically effective. Within eristic discussion it can be profitable to engage in bluff with respect to such claims. However, it will be argued that such bluffi...

  8. Five Models of Legal Science

    OpenAIRE

    Núñez Vaquero, Álvaro

    2013-01-01

    This paper pursues three goals. First, some traditional concepts of ‘legal science’ will be analysed, and a definition of ‘legal science ampio sensu’, ‘legal science stricto sensu’ and ‘legal dogmatics’ will be proposed. Second, a reconstruction of five models of ‘legal science ampio sensu’ will be presented to show the different methodological alternatives available to legal scholars. Third, I claim that it is necessary (for conceptual reasons) to argue for moral reasons when choosing a lega...

  9. Similarity Arguments in the Genetic Modification Debate

    DEFF Research Database (Denmark)

    Christiansen, Andreas

    2017-01-01

    In the ethical debate on genetic modification (GM), it is common to encounter the claim that some anti-GM argument would also apply an established, ethically accepted technology, and that the anti-GM argument is therefore unsuccessful. The paper discusses whether this argumentative strategy...... transferability of reasons from one case to another; and (iii) it runs the risk of equivocations, especially in cases where the anti-genetic-modification argument relies on gradable features. The paper then shows how these issues play out in three specific Similarity Arguments that can be found in the literature....... Finally, the paper discusses what conclusions we can draw from the fact that genetic modification and established technologies are similar for the ethical status of genetic modification....

  10. Excess in Self-Defense and its Consequences to the Assesment of the Victim's Legal Crime Precipitation

    Directory of Open Access Journals (Sweden)

    Diego José Dias Mendes

    2016-10-01

    Full Text Available This article explores the ongoing debate concerning excessive self-defense and its possible consequences to the assessment of victim legal precipitation of crimes. While part one introduces excess in its most accepted structure, part two describes theories that pursue the best reasons why the excess may, in certain cases, not be punished, focusing the ones who claim that those reasons relate to agressor’s self-responsibility, then applying their arguments to the evaluation of legal crime precipitation. It concludes that these theories can only hold by discriminating moral value of guilty and innocent victims, which is unacceptable.

  11. Domestic Partners and "The Choice Argument": Quo Vadis?

    Directory of Open Access Journals (Sweden)

    Ben Coetzee Bester

    2015-04-01

    Full Text Available In the absence of formal legal recognition, domestic partners are required to regulate the consequences of their relationship by utilising alternative regulatory measures and remedies which are, for the most part, inadequate. The traditional justification used to differentiate between domestic partners and spouses is known by some as the choice argument. The choice argument is based on the rationale that persons who choose not to marry cannot claim spousal benefits. It understands choice narrowly as it takes into account only an objective legal impediment to marriage. As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partnerships, on the other hand, have until recently been recognised under the choice argument on an ad hoc basis, as there existed an objective legal impediment to their marriage, namely their sexual orientation. According to the majority of legal commentators the enactment of the Civil Union Act 17 of 2006 removed the objective legal impediment against same-sex marriage. They therefore argue that the choice argument should now be applied to both heterosexual and same-sex domestic partners equally. However, the Constitutional Court has expressed some doubt as to the correctness of this assumption. Taking into consideration the choice argument's narrow understanding of choice, together with the possible unfair discrimination caused by its application, an alternative theoretical basis for the future recognition and regulation of domestic partnerships had to be found. Three possible solutions were investigated, namely the model of contextualised choice, the function-over-form approach, and finally the Smith model. Because of the invasive effect of the latter two approaches, this study advocates for the adoption of the model of contextualised choice. If adopted it would mean that the subjective considerations of domestic partners will be taken into account and

  12. Reconsidering Kantian arguments against organ selling.

    Science.gov (United States)

    Alpinar-Şencan, Zümrüt

    2016-03-01

    Referring to Kant's arguments addressing the moral relationship between our bodies and ourselves is quite common in contemporary debate about organ selling, although he does not provide us with any specific arguments related to this debate. It is widely argued that the most promising way to show the moral impermissibility of organ selling is to mount an argument on Kantian grounds. This paper asks whether it is possible to argue coherently against organ selling in a Kantian framework. It will be shown that by mounting the argument on Kantian grounds no compelling argument can be given against sale of organs, either because the arguments apply to donation of organs, too, or the arguments are not convincing for other independent reasons. In the first section, it will be argued that donation and selling are not distinguishable in a Kantian framework, since the concern about commodification of the body and its parts shall be raised by both actions. In the second section, some contemporary accounts inspired by Kant will be presented and discussed separately. It will be argued that the reasons for promoting organ donation while arguing against selling clash with each other in an unconvincing way.

  13. Multiculturalism and legal autonomy for cultural minorities

    Directory of Open Access Journals (Sweden)

    Morten Ebbe Juul Nielsen

    2013-11-01

    Full Text Available Does multiculturalism imply that certain cultural minorities – nomos groups, whose cultural conceptions extend in important ways into views about the law – should have forms of legal autonomy that go beyond normal multicultural accommodations such as exemptions and special protection? In other words: should we allow «minority jurisdictions» for multicultural reasons and give certain minorities powers of legislation and adjudication on certain issues? The paper sketches how one might arrive at such a conclusion given some standard multicultural reasoning, and then proceeds by examining eight key rejoinders to such a proposal. None of these rejoinders provide by themselves knockdown arguments against extending multicultural rights to forms of legal autonomy, but together they do provide a basis for some skepticism about the cogency and desirability of at least more ambitious forms of legal autonomy for cultural minorities within a liberal framework.http://dx.doi.org/10.5324/eip.v7i2.1798

  14. Modeling non-monotonic properties under propositional argumentation

    Science.gov (United States)

    Wang, Geng; Lin, Zuoquan

    2013-03-01

    In the field of knowledge representation, argumentation is usually considered as an abstract framework for nonclassical logic. In this paper, however, we'd like to present a propositional argumentation framework, which can be used to closer simulate a real-world argumentation. We thereby argue that under a dialectical argumentation game, we can allow non-monotonic reasoning even under classical logic. We introduce two methods together for gaining nonmonotonicity, one by giving plausibility for arguments, the other by adding "exceptions" which is similar to defaults. Furthermore, we will give out an alternative definition for propositional argumentation using argumentative models, which is highly related to the previous reasoning method, but with a simple algorithm for calculation.

  15. THE ARGUMENTATION IN GALATIANS

    African Journals Online (AJOL)

    cation of these criteria in the production, analysis and evaluation of argumentative discourse (Van Eemeren et al. 1996:22). When analysing a text such as .... 4 There are a number of older works that con- sider Paul's argumentation but these often limit their analysis to aspects of style, for example the use of parallelisms, ...

  16. Thermodynamical Arguments against Evolution

    Science.gov (United States)

    Rosenhouse, Jason

    2017-01-01

    The argument that the second law of thermodynamics contradicts the theory of evolution has recently been revived by anti-evolutionists. In its basic form, the argument asserts that whereas evolution implies that there has been an increase in biological complexity over time, the second law, a fundamental principle of physics, shows this to be…

  17. After-birth abortion: the intuition argument.

    Science.gov (United States)

    Lederman, Zohar

    2013-05-01

    The argument advanced by Giubilini and Minerva is an important one, but it suffers from some shortcomings. I briefly criticise their reasoning and method and argue that after birth abortion should be limited largely to infants with disabilities. My argument is based not on solid scientific evidence or cold rational reasoning but on intuition, something that has long been discounted as irrelevant in biomedical discourse. I end with a recommendation to all of us: in order to make a change, one should not only choose one's battles, but also one's weapon and mode of attack.

  18. Inductive reasoning.

    Science.gov (United States)

    Hayes, Brett K; Heit, Evan; Swendsen, Haruka

    2010-03-01

    Inductive reasoning entails using existing knowledge or observations to make predictions about novel cases. We review recent findings in research on category-based induction as well as theoretical models of these results, including similarity-based models, connectionist networks, an account based on relevance theory, Bayesian models, and other mathematical models. A number of touchstone empirical phenomena that involve taxonomic similarity are described. We also examine phenomena involving more complex background knowledge about premises and conclusions of inductive arguments and the properties referenced. Earlier models are shown to give a good account of similarity-based phenomena but not knowledge-based phenomena. Recent models that aim to account for both similarity-based and knowledge-based phenomena are reviewed and evaluated. Among the most important new directions in induction research are a focus on induction with uncertain premise categories, the modeling of the relationship between inductive and deductive reasoning, and examination of the neural substrates of induction. A common theme in both the well-established and emerging lines of induction research is the need to develop well-articulated and empirically testable formal models of induction. Copyright © 2010 John Wiley & Sons, Ltd. For further resources related to this article, please visit the WIREs website. Copyright © 2010 John Wiley & Sons, Ltd.

  19. Towards an experimental account of argumentation: the case of the slippery slope and the ad hominem arguments

    Directory of Open Access Journals (Sweden)

    Marco eLillo-Unglaube

    2014-12-01

    Full Text Available Argumentation is a crucial component of our lives. Although in the absence of rational debate our legal, political, and scientific systems would not be possible, there is still no integrated area of research on the psychology of argumentation. Furthermore, classical theories of argumentation are normative (i.e. the acceptability of an argument is determined by a set of norms or logical rules, which sometimes creates a dissociation between the theories and people’s behavior. We think the current challenge for psychology is to bring together the cognitive and normative accounts of argumentation. In this Perspective, we exemplify this point by analyzing two cases of argumentative structures experimentally studied in the context of cognitive psychology. Specifically, we focus on the slippery slope argument and the ad hominem argument under the frameworks of Bayesian and pragma-dialectics approaches, respectively. We think employing more descriptive and experimental accounts of argumentation would help Psychology to bring closer the cognitive and normative accounts of argumentation with the final goal of establishing an integrated area of research on the psychology of argumentation.

  20. Non-faith-based arguments against physician-assisted suicide and euthanasia.

    Science.gov (United States)

    Sulmasy, Daniel P; Travaline, John M; Mitchell, Louise A; Ely, E Wesley

    2016-08-01

    This article is a complement to "A Template for Non-Religious-Based Discussions Against Euthanasia" by Melissa Harintho, Nathaniel Bloodworth, and E. Wesley Ely which appeared in the February 2015 Linacre Quarterly . Herein we build upon Daniel Sulmasy's opening and closing arguments from the 2014 Intelligence Squared debate on legalizing assisted suicide, supplemented by other non-faith-based arguments and thoughts, providing four nontheistic arguments against physician-assisted suicide and euthanasia: (1) "it offends me"; (2) slippery slope; (3) "pain can be alleviated"; (4) physician integrity and patient trust. Lay Summary: Presented here are four non-religious, reasonable arguments against physician-assisted suicide and euthanasia: (1) "it offends me," suicide devalues human life; (2) slippery slope, the limits on euthanasia gradually erode; (3) "pain can be alleviated," palliative care and modern therapeutics more and more adequately manage pain; (4) physician integrity and patient trust, participating in suicide violates the integrity of the physician and undermines the trust patients place in physicians to heal and not to harm.

  1. The argument of mathematics

    CERN Document Server

    Aberdein, Andrew

    2014-01-01

    This book presents a comprehensive investigation into the relationship between argumentation theory and the philosophy of mathematical practice. It offers large array of examples ranging from the history of mathematics to formal proof verification.

  2. Mediation and Legal Assistance

    Directory of Open Access Journals (Sweden)

    Larisa Zaitseva

    2014-01-01

    Full Text Available The development of alternative dispute resolution procedures raises a number of new problems and questions for jurisprudence and legal practice. Many of these are closely related to the implementation of mediation procedures. Significant attention has been paid in the legal literature to the need for mediators’ legal education. Nowadays a professional lawyer usually performs the functions of a mediator. Nevertheless, in some countries the competence of mediators can be limited. In fact, such persons may be prohibited from providing any legal assistance to the parties. A direct prohibition of this kind exists in Russian legislation. To what degree is this prohibition realistic and reasonable? Different countries enjoy different approaches to the possibility of providing disputing parties with a mediator’s legal assistance in addressing issues requiring legal advice or in the drafting of legal documents. Different approaches to this issue have appeared for various reasons. The absence of consensus is caused by a contradiction between the principle of mediator neutrality in the conflict resolution process and the goals of dispute settlement in which a legally competent intermediary is involved. To ensure the effectiveness of the mediation process, legislators should seek out more flexible ways of regulating procedure. Mandatory regulation itself contradicts the spirit of ‘semi-formal’ alternative (extrajudicial methods for conflict resolution. As such, the presence of direct prohibitions or severe restrictions may not only become challenging in the performance of law but such peremptory norms can also make mediation unattractive and ineffective for some particular types of dispute, such as labor disputes. The principle of preserving a mediator’s neutrality is possible if exercised within the framework of a balanced approach to reasonable limits and discretionary rules for the provision of certain types of legal assistance to disputing

  3. Reason-based choice.

    Science.gov (United States)

    Shafir, E; Simonson, I; Tversky, A

    1993-01-01

    This paper considers the role of reasons and arguments in the making of decisions. It is proposed that, when faced with the need to choose, decision makers often seek and construct reasons in order to resolve the conflict and justify their choice, to themselves and to others. Experiments that explore and manipulate the role of reasons are reviewed, and other decision studies are interpreted from this perspective. The role of reasons in decision making is considered as it relates to uncertainty, conflict, context effects, and normative decision rules.

  4. How arguments are justified in the media debate on climate change in the USA and France

    OpenAIRE

    Ylä-Anttila, Tuomas; Kukkonen, Anna

    2014-01-01

    This paper examines the differences in the values that are evoked to justify arguments in the media debate on climate change in USA and France from 1997 to 2011. We find that climate change is more often discussed in terms of justice, democracy, and legal regulation in France, while monetary value plays a more important role as a justification for climate policy arguments in the USA. Technological and scientific arguments are more often made in France, and ecological arguments equally in both...

  5. Does Putnam's Argument Beg the Question against the Skeptic?

    OpenAIRE

    Müller, Olaf L.

    2001-01-01

    Are we perhaps in the "matrix", or anyway, victims of perfect and permanent computer simulation? No. The most convincing—and shortest—version of Putnam's argument against the possibility of our eternal envattment is due to Crispin Wright (1994). It avoids most of the misunderstandings that have been elicited by Putnam's original presentation of the argument in "Reason, Truth and History" (1981). But it is still open to the charge of question-begging. True enough, the premisses of the argument...

  6. Does Putnam's Argument Beg the Question against the Skeptic?

    OpenAIRE

    Müller, Olaf L.

    2001-01-01

    Bekommen wir vielleicht alle unsere Sinneseindrücke aus einem gigantischen Simulationscomputer? Nein. Von Crispin Wright stammt die beste und kürzeste Fassung des Arguments von Hilary Putnam, wonach wir nicht seit jeher Gehirne im Tank sein können (oder Opfer der "Matrix"). Wright vermeidet die meisten Missverständnisse, denen die ursprüngliche Fassung des Arguments aus "Reason, Truth and History" (Putnam 1981) ausgesetzt war. Nichtsdestoweniger droht dem Argument selbst in Wrights Fassung di...

  7. Kalam cosmological argument

    Directory of Open Access Journals (Sweden)

    Đurić Drago

    2011-01-01

    Full Text Available In this paper it will be presented polemics about kalam cosmological argument developed in medieval islamic theology and philosophy. Main moments of that polemics was presented for a centuries earlier in Philoponus criticism of Aristotle’s thesis that the world is eternal, and of impossibilty of actual infinity. Philoponus accepts the thesis that actual infinity is impossible, but he thinks that, exactly because of that, world cannot be eternal. Namely, according to Philoponus, something can­not come into being if its existence requires the preexistence of an infinite number of other things, one arising out of the other. Philoponus and his fellowers in medieval islamic theology (Al-Kindi and Al-Ghazali, called kalam theologians, have offered arguments against the conception of a temporally infinite universe, under­stood as a succesive causal chain. On other side, medieval islamic thinkers, called falasifah /philosophers/ or aristotelians (Al-Farabi, Avicenna, and Averroës, have offered arguments in favor of Aristotele’s conception of the eternity of the universe. Decisive problem in disccusion between kalam i falsafa medieval muslim thinkers was the problem of infinity. They have offered very interesting arguments and counterarguments about concept of infinity. In this paper it will be presented some of the crucial moments of that arguments.

  8. Semiotic and Theoretic Control in Argumentation and Proof Activities

    Science.gov (United States)

    Arzarello, Ferdinando; Sabena, Cristina

    2011-01-01

    We present a model to analyze the students' activities of argumentation and proof in the graphical context of Elementary Calculus. The theoretical background is provided by the integration of Toulmin's structural description of arguments, Peirce's notions of sign, diagrammatic reasoning and abduction, and Habermas' model for rational behavior.…

  9. Argumentation in Secondary School Students' Structured and Unstructured Chat Discussions

    Science.gov (United States)

    Salminen, Timo; Marttunen, Miika; Laurinen, Leena

    2012-01-01

    Joint construction of new knowledge demands that persons can express their statements in a convincing way and explore other people's arguments constructively. For this reason, more knowledge on different means to support collaborative argumentation is needed. This study clarifies whether structured interaction supports students' critical and…

  10. Improving Quality Using Architecture Fault Analysis with Confidence Arguments

    Science.gov (United States)

    2015-03-01

    Improving Quality Using Architecture Fault Analysis with Confidence Arguments Peter H. Feiler Charles B. Weinstock John B. Goodenough ...argument are represented explicitly. As reasons for doubt, called defeaters, are removed, confidence in system claims increases [ Goodenough 2013, Weinstock...Peter, Goodenough , John, Gurfinkel, Arie, Weinstock, Charles, & Wrage, Lutz. Reliability Improvement and Validation Framework (CMU/SEI-2012-SR-013

  11. Icelandic Morphosyntax and Argument Structure

    Science.gov (United States)

    Wood, Jim

    2012-01-01

    This dissertation is about the elements that build verbs, the elements that introduce arguments, and how these elements interact to determine the interpretation of arguments and events. A theory of argument structure is a theory how arguments are introduced syntactically, interpreted semantically, and marked morphologically, and how this…

  12. Arguments Whose Strength Depends on Continuous Variation

    Directory of Open Access Journals (Sweden)

    James Franklin

    2013-03-01

    Full Text Available Both the traditional Aristotelian and modern symbolic approaches to logic have seen logic in terms of discrete symbol processing. Yet there are several kinds of argument whose validity depends on some topological notion of continuous variation, which is not well captured by discrete symbols. Examples include extrapolation and slippery slope arguments, sorites, fuzzy logic, and those involving closeness of possible worlds. It is argued that the natural first attempts to analyze these notions and explain their relation to reasoning fail, so that ignorance of their nature is profound.

  13. The Slippery Slope Argument in the Ethical Debate on Genetic Engineering of Humans.

    Science.gov (United States)

    Walton, Douglas

    2017-12-01

    This article applies tools from argumentation theory to slippery slope arguments used in current ethical debates on genetic engineering. Among the tools used are argumentation schemes, value-based argumentation, critical questions, and burden of proof. It is argued that so-called drivers such as social acceptance and rapid technological development are also important factors that need to be taken into account alongside the argumentation scheme. It is shown that the slippery slope argument is basically a reasonable (but defeasible) form of argument, but is often flawed when used in ethical debates because of failures to meet the requirements of its scheme.

  14. Public Reason Renaturalized

    DEFF Research Database (Denmark)

    Tønder, Lars

    2014-01-01

    . The article develops this argument via a sensorial orientation to politics that not only re-frames existing critiques of neo-Kantianism but also includes an alternative, renaturalized conception of public reason, one that allows us to overcome the disconnect between the account we give of reason and the way...... it is mobilized in a world of deep pluralism. The article concludes with a discussion of how a renaturalized conception of public reason might change the positioning of contemporary democratic theory vis-a-vis the struggle for empowerment and pluralization in an age of neo-liberalism and state-surveillance....

  15. Argumentation and Public Relations.

    Science.gov (United States)

    Stovall, Richard L.

    Issue management oriented public relations provides an excellent pedagogical device for anyone interested in the application of argumentation. This can be illustrated by a case study in which a commercial metals company was wrongly accused of improperly disposing of toxic waste at a particular site. To counter the bad publicity that followed the…

  16. One reason, several logics

    Directory of Open Access Journals (Sweden)

    Evandro Agazzi

    2011-06-01

    Full Text Available Humans have used arguments for defending or refuting statements long before the creation of logic as a specialized discipline. This can be interpreted as the fact that an intuitive notion of "logical consequence" or a psychic disposition to articulate reasoning according to this pattern is present in common sense, and logic simply aims at describing and codifying the features of this spontaneous capacity of human reason. It is well known, however, that several arguments easily accepted by common sense are actually "logical fallacies", and this indicates that logic is not just a descriptive, but also a prescriptive or normative enterprise, in which the notion of logical consequence is defined in a precise way and then certain rules are established in order to maintain the discourse in keeping with this notion. Yet in the justification of the correctness and adequacy of these rules commonsense reasoning must necessarily be used, and in such a way its foundational role is recognized. Moreover, it remains also true that several branches and forms of logic have been elaborated precisely in order to reflect the structural features of correct argument used in different fields of human reasoning and yet insufficiently mirrored by the most familiar logical formalisms.

  17. Comment repenser le rapport de la rhétorique et de l’argumentation ? How should we consider the relationship between rhetoric and argumentation?

    Directory of Open Access Journals (Sweden)

    Michel Meyer

    2009-04-01

    Full Text Available La rhétorique, dit Aristote, est le pendant de la dialectique et de l’argumentation. Cela pose le problème de leur harmonisation au sein d’une théorie unifiée, où la rhétorique littéraire voisine avec la logique juridique. La problématologie est cette conception unifiée. Les questions expresses relèvent du conflit argumenté, comme en droit, qui les codifie, et les questions indirectes, des réponses qui les avalent par l’élégance et le style pour se faire passer pour résolutoires de ces questions. La rhétorique est la négociation de la distance entre les individus sur une question donnée, une question plus ou moins problématique et conflictuelle. La problématologie est à la base d’une véritable nouvelle rhétorique, avec de nouvelles prémisses fondées sur le questionnement, laissées jusque-là en friche. Des figures de rhétorique à l’inférence du vraisemblable, le questionnement est le socle où viennent s’articuler la raison, le langage et la persuasion.According to Aristotle, rhetoric is the counterpart of argumentation. How can we understand the relationship between literary, rhetoric and legal reasoning, if we do not have a general theory of rhetoric? Problematology purports to be precisely that. Questions can be addressed either directly, as in law and legal conflict, where the questions, the pros and the contras are, so to speak, on the table, or indirectly,through their answers, as if they were solved thereby. Rhetoric is the negotiation of the differences between the orator and the audience on a given question, which can be more or less problematic, rhetorical or argumentative. Problematology is the founding theory behind this “new” rhetoric. From the figures of speech to plausible inference, the theory of questioning offers an integrated view of reason, language and persuasion.

  18. Argumentation not emotion

    International Nuclear Information System (INIS)

    Koerber, H.

    1984-01-01

    The controversy about the introduction and extension of the peaceful use of nuclear energy has been going on in the Federal Republic of Germany and other countries for a number of years. The intensity with which it was conducted has changed frequently, varying topics were discussed, and shifting aims formed the object of resistance. Often emotion took the place of sober pro and con. There was increasing repression of points made, both on the part of the opponents of nuclear energy and its advocates. Endeavours to free the controversy from emotion are a prerequisite of sober analysis and a balanced judgement on questions of the energy supply of this country. The call for points is to be complied with by this book. To the emotional contentions and statements made in the course of the nuclear energy discussion the author opposes sober arguments. To corroborate the argumentation and make it verifiable a compilation of facts was appended, which corresponds to the main part of the book, provides further information and establishes connections to related problems. A register of important technical terms and their definitions and a bibliography round off the information and argumentation potential. The book is addressed to all - opponents and supporters alike - who want to deal unemotionally with the pro and con of nuclear energy. It provides useful aids for argumentation and the framing of opinions to anybody participating in the discussion at the level of politics, economy, education and society. Last not least it is helpful as a source of information and reference book on questions of energy supply. (orig.) [de

  19. An Argument for Gender Equality in Africa

    OpenAIRE

    Olatunji, Cyril-Mary P

    2013-01-01

    In his article "An Argument for Gender Equality in Africa" Cyril-Mary P. Olatunji addresses the problematics of gender inequality in Black African society. Many scholars working on African Indigenous and non-Indigenous cultures have had something to say about the treatment of women and the topic of gender inequality in Africa. Some suggest(ed) that the roots of women's oppression are to be sought in customs and traditions and so despite of a legal system that guarantees women rights in Africa...

  20. Observing Reasonable Consumers.

    Science.gov (United States)

    Silber, Norman I.

    1991-01-01

    Although courts and legislators usually set legal standards that correspond to empirical knowledge of human behavior, recent developments in behavioral psychology have led courts to appreciate the limits and errors in consumer decision making. "Reasonable consumer" standards that are congruent with cognitive reality should be developed.…

  1. Surreptitious Taping: The Arguments for and the Ethics against.

    Science.gov (United States)

    Cooper, Thomas W.

    Much discussion within media ethics has focused on the acceptability of surreptitious tape recording of news sources by media professionals. The most common legal and social arguments supporting secret taping assert that recorders "hear" and "remember" better, are expedient and practical, protect against libel suits, provide…

  2. Domestic partners and "the choice argument": Quo vadis? | Coetzee ...

    African Journals Online (AJOL)

    As such, it has been the driving force behind the non-recognition of heterosexual domestic partnerships. Same-sex domestic partnerships, on the other hand, have until recently been recognised under the choice argument on an ad hoc basis, as there existed an objective legal impediment to their marriage, namely their ...

  3. Student Initiated Religious Activity: Constitutional Argument or Psychological Inquiry.

    Science.gov (United States)

    Rossow, Lawrence F.; Rossow, Nancy D.

    1990-01-01

    Traces the legal history of prayer clubs and related religious activities in schools. Cites psychological arguments that high school students are generally independent and capable of critical thinking; contends that research is needed in determining whether high school students can specifically perceive religious neutrality. (MLF)

  4. Marijuana legalization: solution or dissolution.

    Science.gov (United States)

    Cohen, S

    1981-01-01

    What is being suggested as the most feasible course now is a standfast position on the legal front; an aggressive, directed research program planned to answer the critical questions about marijuana; and a discouragement policy for adolescents. Legalization is not seen as a tenable solution for many reasons, and it is one that may be irreversible and regretted.

  5. Collaborative argumentation in academic education

    NARCIS (Netherlands)

    Veerman, A.; Andriessen, J.; Kanselaar, G.

    2002-01-01

    The general purpose of this research is to discover principles for the design of educational tasks that provoke collaborative argumentation. The specific research question concentrates on the relationship between question asking and argumentation and is examined in three different collaborative

  6. Synthetic Biology and the Argument from Continuity with Established Technologies

    DEFF Research Database (Denmark)

    Christiansen, Andreas

    2015-01-01

    ) that it ignores the distinction between what reasons we have and what we should do all things considered. I then illustrate the Continuity Argument and its problems in the case where human manipulation of organisms’ genetic makeup is a suggested reason for finding synthetic biology problematic. Finally, I suggest......Defenders of synthetic biology commonly make reference to the fact that established technologies, such as domestication or selective breeding, share some of the features of synthetic biology that critics argue make it ethically problematic. In this chapter, I reconstruct such references...... as instances of a type of argument which I dub the Continuity Argument. Roughly, the Continuity Argument seeks to show that if we are not disposed to reject the established technology, then features that this technology share with synthetic biology cannot provide reasons to find it ethically problematic. I...

  7. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories in ...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  8. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...... in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus....

  9. The Case against Conditional Argumentation.

    Science.gov (United States)

    Herbeck, Dale A.

    Despite literally tens of thousands of rounds of debate competition over a number of years, little insight into argumentation theory has resulted. Debate as practiced by college debating teams has become a laboratory for perfecting itself. Permitting the divergence of debate from argumentation forfeits an ideal opportunity to study argumentation.…

  10. Kant's Transcendental Arguments as Conceptual Proofs | Stapleford ...

    African Journals Online (AJOL)

    The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the “Discipline of Pure Reason,” sections 1 and 4, of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the “Analytic of Principles,” ...

  11. Labour law and communitarian legal standards

    Directory of Open Access Journals (Sweden)

    Jašarević Senad

    2014-01-01

    Full Text Available The recently adopted amendments to the Labour Code was accompanied by an extremely high resistance. While opponents consider amendments to the Law a big step back and point out that it is completely contrary to the standards of the International Labor Organization, advocates of the changes have emphasized the progressiveness. The most important argument to them was that the Code represents a substantial harmonization of our legislation with the advanced standards of EU law. Much of what have excelled both advocates and opponents of legal change is not actually correct. The main reason for the erroneous views was lack of knowledge of comparative and international labor standards. The law on the one hand is a step backwards when it comes to the protection of workers. On the other hand, it is a step forward it is a reform of the system of labor relations that was necessary and was forced by the international environment, from which our country in the era of globalization can not be excluded. Amendments to the Labour Code we see as a tendency to be in Serbia finally to establish a similar legal environment in the domain of work, as in the advanced countries of Western Europe.

  12. Argumentation and Inference: A Unified Approach

    Directory of Open Access Journals (Sweden)

    Christophe Fouqueré

    2013-12-01

    Full Text Available We propose in this paper to use Ludics as a unified framework for the analysis of dialogue and the reasoning system. Not only is Ludics a logical theory, but it may also be built by means of concepts of game theory. We first present the main concepts of Ludics. A design is an abstraction and a generalization of the concept of proof. Interaction between designs is equivalent to cut elimination or modus ponens in logical theories. It appears to be a natural means for representing dialogues and also for reasoning. A design is a set of sequences of alternate actions, similar to a move in game theory. We apply Ludics to argumentative dialogues. We discuss how to model the speech acts of argumentative dialogues in terms of dialogue acts. A dialogue act is given by a Ludics action together with the expression that reveals the action in a turn of speech. We show also how arguments may be stored in a commitment state used for reasoning. Finally we revisit an example of juridical dialogue that has been analyzed by Prakken in a different framework.

  13. Arguments against nuclear engineering

    International Nuclear Information System (INIS)

    Hahn, L.

    1991-01-01

    The arguments put forward are: data from risk studies concerning the frequency of occurrence of core meltdown in LWR type reactors, the frequency of containment failures and resulting off-site emissions, in-plant accident management, and the hazard of hydrogen explosions. Yet unresolved problems are stated to be: the presentation of results of the German Risk Study (part DRS-B), the way accident management is dealt with, the evaluation standards applied to safety deficits, the hydrogen problem, the biological effects of low-dose radiation, the qualification of radwaste repositories, the information policy of public authorities, and the regime of governmental control and supervision. (HP) [de

  14. Statistics As Principled Argument

    CERN Document Server

    Abelson, Robert P

    2012-01-01

    In this illuminating volume, Robert P. Abelson delves into the too-often dismissed problems of interpreting quantitative data and then presenting them in the context of a coherent story about one's research. Unlike too many books on statistics, this is a remarkably engaging read, filled with fascinating real-life (and real-research) examples rather than with recipes for analysis. It will be of true interest and lasting value to beginning graduate students and seasoned researchers alike. The focus of the book is that the purpose of statistics is to organize a useful argument from quantitative

  15. Using Computer-Assisted Argumentation Mapping to develop effective argumentation skills in high school advanced placement physics

    Science.gov (United States)

    Heglund, Brian

    Educators recognize the importance of reasoning ability for development of critical thinking skills, conceptual change, metacognition, and participation in 21st century society. There is a recognized need for students to improve their skills of argumentation, however, argumentation is not explicitly taught outside logic and philosophy---subjects that are not part of the K-12 curriculum. One potential way of supporting the development of argumentation skills in the K-12 context is through incorporating Computer-Assisted Argument Mapping to evaluate arguments. This quasi-experimental study tested the effects of such argument mapping software and was informed by the following two research questions: 1. To what extent does the collaborative use of Computer-Assisted Argumentation Mapping to evaluate competing theories influence the critical thinking skill of argument evaluation, metacognitive awareness, and conceptual knowledge acquisition in high school Advanced Placement physics, compared to the more traditional method of text tables that does not employ Computer-Assisted Argumentation Mapping? 2. What are the student perceptions of the pros and cons of argument evaluation in the high school Advanced Placement physics environment? This study examined changes in critical thinking skills, including argumentation evaluation skills, as well as metacognitive awareness and conceptual knowledge, in two groups: a treatment group using Computer-Assisted Argumentation Mapping to evaluate physics arguments, and a comparison group using text tables to evaluate physics arguments. Quantitative and qualitative methods for collecting and analyzing data were used to answer the research questions. Quantitative data indicated no significant difference between the experimental groups, and qualitative data suggested students perceived pros and cons of argument evaluation in the high school Advanced Placement physics environment, such as self-reported sense of improvement in argument

  16. Reason, pluralism, and argumentation: Chaim Perelman’s contribution

    OpenAIRE

    Lemgruber, Márcio Silveira

    1999-01-01

    O artigo aborda a revalorização da busca de adesão por meio da retórica propiciada, em meados de nosso século, pela obra de Chaim Perelman. Este autor critica o expansionismo indevido de um tipo de razão - dedutiva, demonstrativa - que acabou por se impor como modelo de verdade para todos os campos do conhecimento. Traçam-se paralelos entre a teoria da argumentação e temas da filosofia e da história da ciência, sobretudo a noção de razão que vem balizando as considerações sobre o conhecimento...

  17. from tenuous legal arguments to securitization and benefit sharing

    African Journals Online (AJOL)

    eliasn

    serious challenges to efforts aimed at sharing its waters in fairness and equity. .... cause for the failure is, undoubtedly, the securitization of the issue in a bid both ...... behemoth's armour. One such chink in the armour of the hydro-hegemon is the grotesquely inequitable nature of the status quo which stands out in stark ...

  18. From Tenuous Legal Arguments to Securitization and Benefit ...

    African Journals Online (AJOL)

    ... and influence the hydro-hegemon will inevitably exert to keep them in line; failure to do so would surely condemn them to live, ad infinitum, with the grotesquely inequitable status quo. Key words: Equitable utilization; Nile waters question; cooperative framework agreement; hydro-hegemony; securitization; benefit sharing; ...

  19. Argumentation in undergraduate chemistry laboratories

    Science.gov (United States)

    Walker, Joi Phelps

    To address the need for reform in undergraduate science education a new instructional model called Argument-Driven Inquiry (ADI) was developed and then implemented in a undergraduate chemistry course at a community college in the southeastern United States (Sampson, Walker, & Grooms, 2009; Walker, Sampson, & Zimmerman, in press). The ADI instructional model is designed to give a more central place to argumentation and the role of argument in the social construction of scientific knowledge. This research investigated the growth in the quality of the student generated arguments and the scientific argumentation that took place over the course of a semester. Students enrolled in two sections of General Chemistry I laboratory at the community college participated in this study. The students worked in collaborative groups of three or four. The students were given a variation of the same performance task three times during the semester in order to measure individual ability to use evidence and justify their choice of evidence with appropriate rationale. Five ADI investigations took place during the semester and the laboratory reports for each were collected from each student and the argument section of each report was scored. All the student groups were video recorded five times during the semester as they generated and evaluated arguments and the quality of the group argumentation was assessed using an instrument called the Assessment of Scientific Argumentation in the Classroom (ASAC) observation protocol. As time was the independent variable in this study a repeated measure ANOVA was used to evaluate the significance of student improvement in each area (argumentation, written argument and performance task) over the course of the semester (Trochim, 1999). In addition, a multiple regression analysis was conducted to evaluate how well the ASAC scores predicted individual scores on both the performance task and the written arguments (Green & Salkind, 2005). There was

  20. One logician’s perspective on argumentation [in Chinese

    NARCIS (Netherlands)

    van Benthem, J.

    2011-01-01

    Logic is often considered a technical subject, far removed from the concrete reasoning and discussion that we all practice in daily life. Understanding and improving that ordinary reasoning is then seen as the task of argumentation theory, which has operated independently from logic for a long time.

  1. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

    2016-01-01

    textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

  2. Argumentative and other communicative strategies of the mediation practice

    OpenAIRE

    Greco Morasso, Sara; Rigotti, Eddo

    2012-01-01

    This work investigates how argumentation, namely the communicative exchange aimed at founding ones position in a reasonable fashion, is an essential condition for the fulfilment of the pragmatic goals of mediation, conceived of as a conflict resolution practice. In mediation, the parties are competent and responsible for the decision on the conflict, while the mediator helps them assume an argumentative attitude. As it emerges from the results of this work, in a successful mediation proces...

  3. Argument from Design in Richard Baxter's Natural Theology

    Directory of Open Access Journals (Sweden)

    Igor Koshelev

    2017-12-01

    Full Text Available The article deals with the teleological argument, or argument from design, as expounded by a famous English Protestant theologian Richard Baxter, one of the leading 17-th century English Puritans, in his work “The Reasons of the Christian Religion”. Natural theology, providing arguments for the existence of God based on reason and without appeal to the Revelation, has always played a vital role throughout the entire history of theological thought. The most popular was the so called teleological argument, or the argument from design, which stands out among all rational arguments for the existence of the Creator. It is mostly known from the “Fifth Way” of the medieval Scholastic philosopher Thomas Aquinas and a famous work “Natural Theology” by an English 19-th century theologian William Paley. The foundation for the modern research in the area was laid during the age of the Scientific Revolution of the 17th century English nature philosophers and theologians, especially Robert Boyle, who believed the teleological argument to be the key element of Natural Theology. His friend and confessor, Richard Baxter, a prominent representative of the Puritan Natural Theology, mostly known by his theological works, paved the way for Natural Theology both in his own time and the following centuries. His work was thought to be the best collection of the evidences for Christianity.

  4. Moral Philosophy, Moral Expertise, and the Argument from Disagreement.

    Science.gov (United States)

    Cross, Ben

    2016-03-01

    Several recent articles have weighed in on the question of whether moral philosophers can be counted as moral experts. One argument denying this has been rejected by both sides of the debate. According to this argument, the extent of disagreement in modern moral philosophy prevents moral philosophers from being classified as moral experts. Call this the Argument From Disagreement (AD). In this article, I defend a version of AD. Insofar as practical issues in moral philosophy are characterized by disagreement between moral philosophers who are more or less equally well credentialed on the issue, non-philosophers have no good reasons to defer to their views. © 2015 John Wiley & Sons Ltd.

  5. Legal regulation of the Commercial Register

    OpenAIRE

    Hanková, Zuzana

    2007-01-01

    99 Legal Regulation of the Commercial Register Summary In my master diploma thesis, I describe legal regulation of the Commercial Register. This legal institution serves for the registration of entrepreneurs (both legal entities and natural persons - entrepreneurs) and is very important for free market economy. For these reasons, it is supposed to be one of the substantial topics in the field of contemporary Commercial Law. I chose this particular theme because I am interested in the Commerci...

  6. Argumentation Schema and the Myside Bias in Written Argumentation

    Science.gov (United States)

    Wolfe, Christopher R.; Britt, M. Anne; Butler, Jodie A.

    2009-01-01

    This article describes a cognitive argumentation schema for written arguments and presents three empirical studies on the "myside" bias--the tendency to ignore or exclude evidence against one's position. Study 1 examined the consequences of conceding, rebutting, and denying other-side information. Rebuttal led to higher ratings of…

  7. Explicit argumentation instruction to facilitate conceptual understanding and argumentation skills

    Science.gov (United States)

    Seda Cetin, Pinar

    2014-01-01

    Background: Argumentation is accepted by many science educators as a major component of science education. Many studies have investigated students' conceptual understanding and their engagement in argumentative activities. However, studies conducted in the subject of chemistry are very rare. Purpose: The present study aimed to investigate the effects of argumentation-based chemistry lessons on pre-service science teachers' understanding of reaction rate concepts, their quality of argumentation, and their consideration of specific reaction rate concepts in constructing an argument. Moreover, students' perceptions of argumentation lessons were explored. Sample: There were 116 participants (21 male and 95 female), who were pre-service first-grade science teachers from a public university. The participants were recruited from the two intact classes of a General Chemistry II course, both of which were taught by the same instructor. Design and methods: In the present study, non-equivalent control group design was used as a part of quasi-experimental design. The experimental group was taught using explicit argumentation activities, and the control group was instructed using traditional instruction. The data were collected using a reaction rate concept test, a pre-service teachers' survey, and the participants' perceptions of the argumentation lessons questionnaire. For the data analysis, the Wilcoxon Signed Rank Test, the Mann-Whitney U-test and qualitative techniques were used. Results: The results of the study indicated that an argumentation-based intervention caused significantly better acquisition of scientific reaction rate-related concepts and positively impacted the structure and complexity of pre-service teachers' argumentation. Moreover, the majority of the participants reported positive feelings toward argumentation activities. Conclusions: As students are encouraged to state and support their view in the chemistry classroom when studying reaction rate, it was

  8. Incorporating Argumentation through Forensic Science

    Science.gov (United States)

    Wheeler, Lindsay B.; Maeng, Jennifer L.; Smetana, Lara K.

    2014-01-01

    This article outlines how to incorporate argumentation into a forensic science unit using a mock trial. Practical details of the mock trial include: (1) a method of scaffolding students' development of their argument for the trial, (2) a clearly outlined set of expectations for students during the planning and implementation of the mock…

  9. THE CONSTITUTIONAL PRINCIPLE OF EQUALITY - LEGAL SIGNIFICANCE AND SOCIAL IMPLICATIONS -

    Directory of Open Access Journals (Sweden)

    Marius ANDREESCU

    2017-12-01

    Full Text Available The equality in human rights and obligations, the equality of citizens before the law are fundamental categories of the theories on social democracy but also conditions of the lawful state, without which constitutional democracy cannot be conceived. In Romanian Constitution, this principle is consecrated in the form of equality of the citizens before the law and public authorities. There are also particular aspects of this principle consecrated in the Constitution. The constitutional principle of equality requires that equal treatment be applied to equal situations. This social and legal reality implies numerous interferences between the principle of equality and other constitutional principles. In this study, by using theoretical and jurisprudential arguments, we intend to demonstrate that, in relation to contemporary social reality, equality, as a constitutional principle, is a particular aspect of the principle of proportionality. The latter one expresses in essence the ideas of: fairness, justice, reasonableness and fair appropriateness of state decisions to the facts and legitimate aims proposed.

  10. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...

  11. Constitutionally-Legal Policy as Base Type of Legal Policy of Russia

    Science.gov (United States)

    Anichkin, Eugene S.

    2016-01-01

    The article deals with reasons for formation, nature and specifics of the constitutionally legal policy of modern Russia. The special attention is spared to the exposure of the aim, long-term and short-term tasks, and principles of national constitutionally legal policy. The functions of constitutionally legal policy are separately considered:…

  12. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment......This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...

  13. Arguments for religious tolerance in Colombia, 1832-1853

    Directory of Open Access Journals (Sweden)

    José David Cortés Guerrero

    2017-07-01

    Full Text Available This article shows the arguments, pros and cons, about religious tolerance in Colombia between 1832 and 1853 before it was legalized by the constitution of that year. Therefore, we are not interested about the arrival of different churches than the Catholic but we want to present the previous discussions that allowed their later arrival. Equally, the article shows the pragmatic vision of the tolerance, which was seen as a necessary concept for civilization and progress.

  14. Construction of Argumentative Discourse in Foucaltian Perspective

    Directory of Open Access Journals (Sweden)

    Isabel Cristina Michelan de Azevedo

    2016-12-01

    Full Text Available This article draws upon the argumentative scheme described by New Rhetoric in order to discuss how the organization of reasonings by association and dissociation can be analyzed in Foucault’s studies (2008 [1969], 2004 [1971] on the constitution of discourse in society, aiming to promote a reflection about the possibilities of analysis of high school students productions and about the organization of argument teaching in basic education. Through an interpretative methodology (ERICKSON, 1986, we seek to understand the discursive movements gathered from productions made during the National Secondary Education Examination in 2004 and to indicate alternatives to develop pedagogical practices committed to the formation of a critical subject. Illustrative analyzes indicate that students prepare reflections authorized by certain discursive formation, task that requires the definition of an identity and the preparing of arguments aligned to the political choices discursively adopted. Thus, it becomes evident the need to diversify the teaching and learning processes when one want to expand the possibilities of the subject to take any stance relative to other positions.

  15. Challenges in legal translation - revisited

    Directory of Open Access Journals (Sweden)

    Ingrid Simonnæs

    2013-12-01

    Full Text Available The aim of this paper is to discuss challenges in legal translation from the view of a teacher who evaluates the work of semi-professional translators in a special setting. Recurrent translation errors may subsequently be used as a pedagogical resource in specialised translator training. The observation of recurrent challenges confronting the candidates in legal translation and the absence of formal translator training programs are the reasons why NHH now offers an on-line course in legal translation, JurDist, focusing i.a. on useful translation strategies.

  16. Craig and Kalam Cosmological Argument

    Directory of Open Access Journals (Sweden)

    Gholamhosein Tavacoly

    2011-09-01

    Full Text Available   Among different arguments for the existence of God the Kalam cosmological argument is a very famous one which is elaborated by Professor William lane Craig. Craig claims that the universe began to exist , then he continues to say: everything that begins to exist has a cause and therefore the universe has a cause. But how do we know that the universe began to exist? This premise forms the most important part of Craig’s contention, and he bolsters it by four arguments, the first two are driven from philosophy and the other two, which he prefers to name them “confirmations from sciences” are driven from sciences the first one evokes to big bang theory and the seconds to the second principle of thermodynamic which are respectively adopted from cosmology and physics.   In this essay we are going to survey Craig’s arguments and estimate their value and weight.

  17. Craig and Kalam Cosmological Argument

    Directory of Open Access Journals (Sweden)

    Gholamhosein Tavacoly

    2011-08-01

    Full Text Available Among different arguments for the existence of God the Kalam cosmological argument is a very famous one which is elaborated by Professor William lane Craig. Craig claims that the universe began to exist , then he continues to say: everything that begins to exist has a cause and therefore the universe has a cause. But how do we know that the universe began to exist? This premise forms the most important part of Craig’s contention, and he bolsters it by four arguments, the first two are driven from philosophy and the other two, which he prefers to name them “confirmations from sciences” are driven from sciences the first one evokes to big bang theory and the seconds to the second principle of thermodynamic which are respectively adopted from cosmology and physics.   In this essay we are going to survey Craig’s arguments and estimate their value and weight.

  18. Craig and Kalam Cosmological Argument

    Directory of Open Access Journals (Sweden)

    Tavacoli, Gh

    2011-01-01

    Full Text Available Among different arguments for the existence of God the Kalam cosmological argument is a very famous one which is elaborated by Professor William lane Craig. Craig claims that the universe began to exist, then he continues to say: everything that begins to exist has a cause and therefore the universe has a cause. But how do we know that the universe began to exist? This premise forms the most important part of Craig’s contention, and he bolsters it by four arguments, the first two are driven from philosophy and the other two, which he prefers to name them “confirmations from sciences” are driven from sciences; the first one evokes to big bang theory and the seconds to the second principle of thermodynamic which are respectively adopted from cosmology and physics.In this essay we are going to survey Craig’s arguments and estimate their value and weight.

  19. Collaborative argumentation in academic education

    NARCIS (Netherlands)

    Kanselaar, G.; Veerman, A.L.; Andriessen, J.E.B.

    2002-01-01

    The general purpose of this research is todiscover principles for the design ofeducational tasks that provoke collaborativeargumentation. The specific research questionconcentrates on the relationship betweenquestion asking and argumentation and isexamined in three different collaborativelearning

  20. The Connection and Distinction between the Design Argument with the Teleological Argument and the Best Creational System

    Directory of Open Access Journals (Sweden)

    Farah Ramin

    2011-09-01

    Full Text Available The design argument faced with big different writings in its Western background so that these writings have essential difference with each others. The design argument is posteriori demonstration for the existence of God which by analogy or induction and partial or general instances of the order in nature tries to affirm the intelligent designer.  Since the concepts of design and end have firm connection with each other in the Western writings of this design but the concepts of purposiveness of divine acts, purposiveness of nature and its best system is assumed the same with each other and obvious confusion has been made between the design argument with the teleological argument and the best creational system. The aim of the article is to consider order in the world based upon the united components of a system (design argument, final cause (teleological argument and best system (best creational system argument and also to manifest the connection and distinction of these three reasoning

  1. Efficient computation of argumentation semantics

    CERN Document Server

    Liao, Beishui

    2013-01-01

    Efficient Computation of Argumentation Semantics addresses argumentation semantics and systems, introducing readers to cutting-edge decomposition methods that drive increasingly efficient logic computation in AI and intelligent systems. Such complex and distributed systems are increasingly used in the automation and transportation systems field, and particularly autonomous systems, as well as more generic intelligent computation research. The Series in Intelligent Systems publishes titles that cover state-of-the-art knowledge and the latest advances in research and development in intelligen

  2. The ontological argument: A comparative look at the versions of Anselm and Gharawi Isfahani

    Directory of Open Access Journals (Sweden)

    Shiraz Husain Agha

    2015-01-01

    Full Text Available There is a hierarchy of arguments for the existence of God. Meaning, they possess many degrees based upon the number of premises and axioms they rest upon. Based upon this general rule, we can divide the existing arguments for the existence of God into three basic categories, starting from the kind of arguments that need the most premises and axioms. In this paper we wish to discuss the ontological argument for the existence of God. In the ontological argument we start from a concept in the mind. In other words, there is no need to accept that there is something real outside the mind. We simply state there is a specific idea in the mind. The beauty of the argument does not only rest upon the fact that there is no need to accept reality, existence or a specific being for the argument to be sound. It seems that the reason why the ontological argument is so named is the use of the term 'existence'. We will examine the history of this argument in Western and Muslim circles and compare them with one another. We also wish to defend this argument from the criticisms that have been made against it. Anselm was the first thinker in the West to present the ontological argument as far as history tells us. Sheikh Gharawi Isfahani has presented one version for the ontological argument that is worthy of careful consideration. In this paper we mainly wish to examine the versions of these two thinkers.

  3. The Argumentative Quality of the Qualitative Research Report

    Directory of Open Access Journals (Sweden)

    Adri Smaling

    2002-09-01

    Full Text Available The author argues that, to be convincing, the claims of a qualitative research report must be logically and clearly supported. Eight rules for good argumentative dialogue are presented. The author then presents the process of analogical reasoning to support cross-case generalization.

  4. Argumentation Key to Communicating Climate Change to the Public

    Science.gov (United States)

    Bleicher, R. E.; Lambert, J. L.

    2012-12-01

    Argumentation plays an important role in how we communicate climate change science to the public and is a key component integrated throughout the Next Generation Science Standards. A scientific argument can be described as a disagreement between explanations with data being used to justify each position. Argumentation is social process where two or more individuals construct and critique arguments (Kuhn & Udell, 2003; Nussbaum, 1997). Sampson, Grooms, and Walker's (2011) developed a framework for understanding the components of a scientific argument. The three components start with a claim (a conjecture, conclusion, explanation, or an answer to a research question). This claim must fit the evidence (observations that show trends over time, relationships between variables or difference between groups). The evidence must be justified with reasoning (explains how the evidence supports the explanation and whey it should count as support). In a scientific argument, or debate, the controversy focuses on how data were collected, what data can or should be included, and what inferences can be made based on a set of evidence. Toulmin's model (1969) also includes rebutting or presenting an alternative explanation supported by counter evidence and reasoning of why the alternative is not the appropriate explanation for the question of the problem. The process of scientific argumentation should involve the construction and critique of scientific arguments, one that involves the consideration of alternative hypotheses (Lawson, 2003). Scientific literacy depends as much on the ability to refute and recognize poor scientific arguments as much as it does on the ability to present an effective argument based on good scientific data (Osborne, 2010). Argument is, therefore, a core feature of science. When students learn to construct a sound scientific argument, they demonstrate critical thinking and a mastery of the science being taught. To present a convincing argument in support of

  5. To exploit or not to exploit: The structure and development of arguments over the use of wetlands

    Directory of Open Access Journals (Sweden)

    Tiina Korvela

    2013-07-01

    Full Text Available This paper considers the discourse surrounding the exploitation of wetlands (also called marshlands, bogs, mires and peatlands in Finland. The focus of the paper is on the development of the arguments used in the discourse – thus the paper also gives an insight into how the legal regimes concerning wetlands have developed. The arguments are analysed using the dualistic and deconstructive model developed in Critical Legal Studies by Martti Koskenniemi. The hypothesis is that, to some extent, the model developed for international law can be adapted to fit national laws, but that significant problems may still arise. Throughout the history of discourse on wetlands, legal arguments have essentially dealt with the conflict between the conservation of wetlands or their exploitation for peat, which is a source of energy. Three arguments are discussed in this paper: 1 The ‘sovereignty argument’; 2 The ‘no harm argument’; and 3 The ‘climate change argument’. The sovereignty argument has been dominant from the beginning of the industrialised production of peat, but the no harm argument has been steadily gaining weight. Interestingly, the climate change argument lacks traction in the discourse even though the importance of wetlands in adaptation to climate change is common knowledge. This paper argues that regional and national authorities use legislation and the no harm argument in innovative ways. These innovations may be useful for the aims underlying the climate change argument.

  6. The deconstruction of safety arguments through adversarial counter-argument

    Energy Technology Data Exchange (ETDEWEB)

    Armstrong, James M. [BAE Systems Systems Engineering Innovation Centre (SEIC), University of Loughborough (United Kingdom)]. E-mail: J.M.Armstrong@lboro.ac.uk; Paynter, Stephen E. [MBDA UK Ltd, Filton, Bristol (United Kingdom)]. E-mail: stephen.paynter@mbda.co.uk

    2007-11-15

    The project Deconstructive Evaluation of Risk In Dependability Arguments and Safety Cases (DERIDASC) has recently experimented with techniques borrowed from literary theory as safety case analysis techniques [Armstrong. Danger: Derrida at work. Interdiscipl Sci Rev 2003;28(2):83-94. ; Armstrong J, Paynter S. Safe systems: construction, destruction, and deconstruction. In: Redmill F, Anderson T, editors. Proceedings of the 11th safety critical systems symposium, Bristol, UK. Berlin: Springer; 2003. p. 62-76. ISBN:1-85233-696-X. ]. This paper introduces our high-level framework for 'deconstructing' safety arguments. Our approach is quite general and should be applicable to different types of safety argumentation framework. As one example, we outline how the approach would work in the context of the Goal Structure Notation (GSN)

  7. The deconstruction of safety arguments through adversarial counter-argument

    International Nuclear Information System (INIS)

    Armstrong, James M.; Paynter, Stephen E.

    2007-01-01

    The project Deconstructive Evaluation of Risk In Dependability Arguments and Safety Cases (DERIDASC) has recently experimented with techniques borrowed from literary theory as safety case analysis techniques [Armstrong. Danger: Derrida at work. Interdiscipl Sci Rev 2003;28(2):83-94. ; Armstrong J, Paynter S. Safe systems: construction, destruction, and deconstruction. In: Redmill F, Anderson T, editors. Proceedings of the 11th safety critical systems symposium, Bristol, UK. Berlin: Springer; 2003. p. 62-76. ISBN:1-85233-696-X. ]. This paper introduces our high-level framework for 'deconstructing' safety arguments. Our approach is quite general and should be applicable to different types of safety argumentation framework. As one example, we outline how the approach would work in the context of the Goal Structure Notation (GSN)

  8. Legalization: A High-Risk Alternative in the War on Drugs.

    Science.gov (United States)

    Inciardi, James A.; McBride, Duane C.

    1989-01-01

    Analyzes the major proposals for drug legalization and discusses the possible consequences of these efforts if successful. Argues that the legalization of drugs would be an extremely complex undertaking and that most calls for such action do not offer specific proposals. Points out research that supports arguments against legalization of drugs.…

  9. Mental Capacity Law, Autonomy, and best Interests: An Argument for Conceptual and Practical Clarity in the Court of Protection

    Science.gov (United States)

    2016-01-01

    This article examines medical decision-making, arguing that the law, properly understood, requires where possible that equal weight be given to the wishes, feelings, beliefs, and values of patients who have, and patients who are deemed to lack, decision-making capacity. It responds critically to dominant lines of reasoning that are advanced and applied in the Court of Protection, and suggests that for patient-centred practice to be achieved, we do not need to revise the law, but do need to ensure robust interpretation and application of the law. The argument is based on conceptual analysis of the law’s framing of patients and medical decisions, and legal analysis of evolving and contemporary norms governing the best interests standard. PMID:28007810

  10. A Comparative Study of Argument from Primordial Nature and Argument from General Consensus on the Demonstration of Existence of God

    Directory of Open Access Journals (Sweden)

    Hamidreza Abdoli Mehrjardi

    2014-08-01

    devoted this essay to the key views developed regarding these arguments.    When we put together different expositions of the argument from primordial nature and the argument from general consensus we reach to a general principle which constitutes the foundation of both arguments; i.e. the existence of a common sense in all human individuals in all times and places. To put it differently, both argument are founded on the idea that there is an inborn disposition in man which pushes him/her toward the Supreme and this disposition has existed in all times and places. But when we analyze the theories one by one we become aware of the slightest differences and similarities.    It seems that the second type biological expositions are nearer to the exposition of argument from primordial nature based on correlation. We mean those expositions which regard the generality of belief in God an indication of a primordial disposition toward God. The first type of expositions which interpret the enthusiasm for God in terms of instinctual needs cannot be an indication of primordial nature; since primordial nature is an exclusive faculty of humanity. Of course it is also noteworthy that the primordial nature to which the argument from the general consensus refers is a potentiality which needs to be actualized while Islamic thought suggests that primordial nature exists in all human individuals in a fulfilled form even if it is neglected now and then.    As to anti-skepticistic expositions we have to say that this exposition has one premise to the effect that all human beings who believe in God have accepted his existence in a rational way; particularly James Joyce who is the main proponent of this exposition believes that all human beings are open to their creator due to the decisive and clear call of reason. Thus it seems that this exposition of the argument from general consensus is similar to the third form of the argument from primordial nature; since in both the infallibility of

  11. A Comparative Study of Argument from Primordial Nature and Argument from General Consensus on the Demonstration of Existence of God

    Directory of Open Access Journals (Sweden)

    Hamidreza Abdoli Mehrjardi

    2014-09-01

    devoted this essay to the key views developed regarding these arguments.    When we put together different expositions of the argument from primordial nature and the argument from general consensus we reach to a general principle which constitutes the foundation of both arguments; i.e. the existence of a common sense in all human individuals in all times and places. To put it differently, both argument are founded on the idea that there is an inborn disposition in man which pushes him/her toward the Supreme and this disposition has existed in all times and places. But when we analyze the theories one by one we become aware of the slightest differences and similarities.    It seems that the second type biological expositions are nearer to the exposition of argument from primordial nature based on correlation. We mean those expositions which regard the generality of belief in God an indication of a primordial disposition toward God. The first type of expositions which interpret the enthusiasm for God in terms of instinctual needs cannot be an indication of primordial nature; since primordial nature is an exclusive faculty of humanity. Of course it is also noteworthy that the primordial nature to which the argument from the general consensus refers is a potentiality which needs to be actualized while Islamic thought suggests that primordial nature exists in all human individuals in a fulfilled form even if it is neglected now and then.    As to anti-skepticistic expositions we have to say that this exposition has one premise to the effect that all human beings who believe in God have accepted his existence in a rational way; particularly James Joyce who is the main proponent of this exposition believes that all human beings are open to their creator due to the decisive and clear call of reason. Thus it seems that this exposition of the argument from general consensus is similar to the third form of the argument from primordial nature; since in both the infallibility of

  12. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  13. Assessing quality of pre-service physics teachers' written arguments

    Science.gov (United States)

    Aydeniz, Mehmet; Gürçay, Deniz

    2013-11-01

    Purpose: The purpose of this study was to assess the quality of scientific arguments developed by pre-service physics teachers. Sample: The participants were 171 pre-service physics teachers recruited from two universities: 86 from University A and 85 from University B. Design and method: Participants were prompted to develop a written argument to either support or challenge the Turkish government's decision to invest in nuclear power plants. Data consist of written arguments developed by the participants and information on participants' knowledge of the topic, their confidence in their knowledge and the source of their knowledge related to the topic. Data were analyzed using the CER framework. Results: The results show that participants did not perform at the expected level. The majority of students failed to develop strong scientific arguments. While almost all of the participants provided evidence to justify their claims, they failed to effectively coordinate evidence, claim and theory to develop an argument. Students struggled the most in the warrant/reasoning category of the CER framework. We also identified several misconceptions that students held related to nuclear power plants. Conclusions: In our discussion we problematize college science teaching and advocate integration of instructional strategies such as argumentation that can effectively engage students in construction, evaluation and justification of knowledge.

  14. Uncertainty arguments in environmental issues

    Energy Technology Data Exchange (ETDEWEB)

    Thompson, P.B.

    A large part of environmental policy is based upon scientific studies of the likely health, safety, and ecological consequences of human actions and practices. These studies, however, are frequently vulnerable to epistemological and methodological criticisms which challenge their validity. Epistemological criticisms can be used in ethical and political philosophy arguments to challenge the applicability of scientific knowledge to environmental policy, and, in turn, to challenge the democratic basis of specific environmental policies themselves. Uncertainty arguments thus draw upon philosophy of science, epistemology, ethics, and political philosophy to establish conclusions of practical relevance to environmental quality. A theory of how and when uncertainty arguments ought to be given credence in environmental decision making requires an account of how scientific research ought to integrated into environmental policy generally, plus an account of how public environmental policy is to be set in a democracy.

  15. Disentangling The Thick Concept Argument

    DEFF Research Database (Denmark)

    Blomberg, Olle

    2007-01-01

    Critics argue that non-cognitivism cannot adequately account for the existence and nature of some thick moral concepts. They use the existence of thick concepts as a lever in an argument against non-cognitivism, here called the Thick Concept Argument (TCA). While TCA is frequently invoked......, it is unfortunately rarely articulated. In this paper, TCA is first reconstructed on the basis of John McDowell’s formulation of the argument (from 1981), and then evaluated in the light of several possible non-cognitivist responses. In general, TCA assumes too much about what a non-cognitivist is (or must be......) committed to. There are several non-cognitivist theories, and only some fit the view attacked by TCA. Furthermore, TCA rests on a contestable intuition about a thought experiment, here called the External Standpoint Experiment (ESE). It is concluded that TCA is remarkably weak, given how frequently...

  16. Reaching Agreement: The Structure & Pragmatics of Critical Care Nurses' Informal Argument

    Science.gov (United States)

    Hagler, Debra A.; Brem, Sarah K.

    2008-01-01

    The hospital critical care unit provides an authentic, high-stakes setting for studying reasoning, argumentation, and discourse. In particular, it allows examination of structural and pragmatic features of informal collaborative argument created while participants are engaged in familiar, meaningful activities central to their work. The nursing…

  17. Perelman, argument ad hominem et ethos rhétorique Perelman, ad Hominem Argument, and Rhetorical Ethos

    Directory of Open Access Journals (Sweden)

    Michael Leff

    2009-04-01

    Full Text Available La conception de Perelman sur le rôle des personnes dans l’argumentation est l’une des marques les plus caractéristiques de sa rupture avec les hypothèses cartésiennes sur le raisonnement. Alors que le paradigme rationaliste cherchait à minimiser ou à éliminer les considérations personnelles comme étant dilatoires et non pertinentes dans ce cadre, Perelman insiste sur le fait que l’argumentation met inévitablement l’accent sur les personnes spécifiques impliquées dans l’argumentation et que la relation entre le locuteur et ce qui est dit est toujours pertinente et importante. En adoptant cette position, Perelman ressuscite implicitement la conception classique de la preuve par le caractère (argument par l’ethos ou « ethotique ». Mais, bien que la Nouvelle Rhétorique consacre une large place au débat sur l’acte et la personne dans l’argumentation, elle n’accorde pas beaucoup de réflexion au concept classique et mélange différentes approches à l’intérieur de la tradition. Le résultat est que Perelman traite le rôle du locuteur dans l’argumentation uniquement en référence à des techniques abstraites et ne prend pas en compte l’importance de l’examen des cas particuliers pour éclairer la compréhension du fonctionnement de l’argument ethotique en situation dans le contexte complexe de son utilisation effective. Par conséquent, la prise en compte par Perelman du rôle de la personne dans l’argumentation doit être complétée par la référence à des études de cas et c’est dans ce but que j’étudie l’argument ethotique dans le célèbre essai de W. E. B. DuBois « Sur M. Booker T. Washington et autres ».Perelman’s view of the role of persons in argument is one of the most distinctive features of his break with Cartesian assumptions about reasoning. Whereas the Rationalist paradigm sought to minimize or eliminate personal considerations by dismissing them as distracting and

  18. HTA and its legal issues: a framework for identifying legal issues in health technology assessment.

    Science.gov (United States)

    Widrig, Daniel; Tag, Brigitte

    2014-12-01

    Legal analysis can highlight important issues that are relevant when deciding whether a medical technology should be implemented or reimbursed. Literature and studies show that even though the law is an acknowledged part of health technology assessment (HTA), legal issues are rarely considered in practice. One reason for this may be the lack of knowledge about the diversity of legal issues that are relevant for HTA. Therefore, this contribution aims primarily to identify and then explain the relevant legal issues in HTA. This study offers a framework for identifying the legal issues in HTAs in different jurisdictions and provides a basis for further research. After extensive literature search, the authors review Swiss health law to identify legal issues that are relevant to HTA. The authors then categorize these legal issues using a framework with an inside and outside perspective. Finally, they explain a selection of these legal issues with several examples. This study reveals numerous legal issues that are relevant for HTA and underlines the necessity of incorporating legal analysis in HTAs. The suggested perspectival framework in this study provides a basis to structure the legal analysis. The identified legal issues are relevant in other countries and the perspectival framework is transferable to other jurisdictions. The article underlines the importance of in-depth discussion about the role of law in HTA. It provides a structured overview of the legal issues in HTA and suggests a development of more concrete instruments toward a standardized legal technology assessment.

  19. Denying the Antecedent: Its Effective Use in Argumentation

    Directory of Open Access Journals (Sweden)

    Mark A. Stone

    2012-09-01

    Full Text Available Denying the antecedent is an invalid form of reasoning that is typically identified and frowned upon as a formal fallacy. Contrary to arguments that it does not or at least should not occur, denying the antecedent is a legitimate and effective strategy for undermining a position. Since it is not a valid form of argument, it cannot prove that the position is false. But it can provide inductive evidence that this position is probably false. In this role, it is neither defective nor deceptive. Denying the antecedent provides inductive support for rejecting a claim as improbable.

  20. Enhancing Historical Reasoning: A Strategy Including Formative Assessment with Systematic Continuous Feedback

    Science.gov (United States)

    Méndez, Sergio; Tirado, Felipe

    2016-01-01

    Learning History promotes students' reasoning. According to Van Drie & Van Boxtel (2008), historical reasoning involves six elements: substantive concepts, metaconcepts, asking historical questions, using sources, contextualization, and argumentation. Although there are didactic strategies that promote historical reasoning, these do not…

  1. Parsing Argumentation Structures in Persuasive Essays

    OpenAIRE

    Stab, Christian; Gurevych, Iryna

    2016-01-01

    In this article, we present a novel approach for parsing argumentation structures. We identify argument components using sequence labeling at the token level and apply a new joint model for detecting argumentation structures. The proposed model globally optimizes argument component types and argumentative relations using integer linear programming. We show that our model considerably improves the performance of base classifiers and significantly outperforms challenging heuristic baselines. Mo...

  2. Proportional reasoning

    DEFF Research Database (Denmark)

    Dole, Shelley; Hilton, Annette; Hilton, Geoff

    2015-01-01

    Proportional reasoning is widely acknowledged as a key to success in school mathematics, yet students’ continual difficulties with proportion-related tasks are well documented. This paper draws on a large research study that aimed to support 4th to 9th grade teachers to design and implement tasks...

  3. Verbal Reasoning

    Science.gov (United States)

    1992-08-31

    Psicologia , 4(3), 183-198. 94 Guyote, M.J. and Sternberg, R.J. (1981). A transitive-chain theory of syllogistic reasoning. Cognitive Psychology, 13(4), 461...personal connections. Journal of Social Psychology, 20, 39-59. Newell, A. (1990). Unified Theories of Cognition. Cambridge, Massachusetts: Harvard

  4. The effectiveness of argumentation in tutorial dialogues with an Intelligent Tutoring System for genetic risk of breast cancer

    Science.gov (United States)

    Cedillos-Whynott, Elizabeth M.; Wolfe, Christopher R.; Widmer, Colin L.; Brust-Renck, Priscila G.; Weil, Audrey; Reyna, Valerie F.

    2017-01-01

    BRCA Gist is an Intelligent Tutoring System that helps women understand issues related to genetic testing and breast cancer risk. In two laboratory experiments and a field experiment with community and web-based samples, an avatar asked 120 participants to produce arguments for and against genetic testing for breast cancer risk. Two raters assessed the number of argumentation elements (claim, reason, backing, etc.) found in response to prompts soliciting arguments for and against genetic testing for breast cancer risk (IRR=.85). When asked to argue for genetic testing, 53.3 % failed to meet the minimum operational definition of making an argument, a claim supported by one or more reasons. When asked to argue against genetic testing, 59.3 % failed to do so. Of those who failed to generate arguments most simply listed disconnected reasons. However, participants who provided arguments against testing (40.7 %) performed significantly higher on a posttest of declarative knowledge. In each study we found positive correlations between the quality of arguments against genetic testing (i.e., number of argumentation elements) and genetic risk categorization scores. Although most interactions did not contain two or more argument elements, when more elements of arguments were included in the argument against genetic testing interaction, participants had greater learning outcomes. Apparently, many participants lack skills in making coherent arguments. These results suggest an association between argumentation ability (knowing how to make complex arguments) and subsequent learning. Better education in developing arguments may be necessary for people to learn from generating arguments within Intelligent Tutoring Systems and other settings. PMID:26511370

  5. Topological arguments for Kolmogorov complexity

    Directory of Open Access Journals (Sweden)

    Alexander Shen

    2012-08-01

    Full Text Available We present several application of simple topological arguments in problems of Kolmogorov complexity. Basically we use the standard fact from topology that the disk is simply connected. It proves to be enough to construct strings with some nontrivial algorithmic properties.

  6. Eight Arguments against Double Effect

    DEFF Research Database (Denmark)

    Di Nucci, Ezio

    I offer eight arguments against the Doctrine of Double Effect, a normative principle according to which in pursuing the good it is sometimes morally permissible to bring about some evil as a side-effect or merely foreseen consequence: the same evil would not be morally justified as an intended...

  7. Feminist Responses to Rogerian Argument.

    Science.gov (United States)

    Lassner, Phyllis

    1990-01-01

    Discusses a course in which female students were instructed to compose argumentative compositions in the empathic style of Carl Rogers. Reports that students disliked the style, believing it pretended to accept minority opinions while making women feel as if they had to change their views to belong to the majority culture. (SG)

  8. Function and Argument in Begriffsschrift

    Czech Academy of Sciences Publication Activity Database

    Badesa, C.; Bertran-San Millán, Joan

    2017-01-01

    Roč. 38, č. 4 (2017), s. 316-341 ISSN 0144-5340 Institutional support: RVO:67985955 Keywords : identity * Frege * logic * function * argument Subject RIV: AA - Philosophy ; Religion OBOR OECD: Philosophy, History and Philosophy of science and technology Impact factor: 0.286, year: 2016

  9. Obesitas: argument voor weigeren fertiliteitsbehandeling?

    NARCIS (Netherlands)

    Koning, Aafke M. H.; Mol, Ben Willem; Dondorp, Wybo J.

    2014-01-01

    Obesity can lead to anovulation and subfertility. Around the world fertility treatment is withheld from women above a certain BMI, ranging from 25 to 40 kg/m2. The proponents of this policy use three different arguments to justify their restrictions: risks to the woman, health and wellbeing of the

  10. [Legalization of drugs--pro and con].

    Science.gov (United States)

    Marjanović-Cengić, S

    2001-01-01

    This article deals with various opinions and assertions regarding drug legalization. Societal and clinical implication regarding the effect of decrease or increase in the use of psyhoactive substances, on public health, violence and criminal activities have been pointed out. The relation between legal and illegal drugs has been considered. Special attention has been paid to arguments on legalization and decriminalization of marihuana and possible consequences on the risk group-children and adolescents. Experiences from USA and some European countries have been presented. Having in mind the specific situation in BiH, the author of article gives her own view and suggest the introduction of harm reduction strategy into BiH drug policy, without changing the legal drug status.

  11. Theorizing Mediation: Lessons Learned from Legal Anthropology

    Directory of Open Access Journals (Sweden)

    Marc Simon Thomas

    2016-01-01

    Full Text Available Since the 1990s, there has been an increasing interest in mediation in the Netherlands, as part of a set of ‘alternative dispute resolution’ methods. Politicians, lawyers and practitioners have embraced mediation as a legitimate method for settling disputes, alongside the adjudication of conflicts in courts of law. However, there is a striking lack of literature aimed at theorizing mediation from a legal perspective. This article argues that the legal anthropology literature on disputes and dispute settlement offers useful insights for understanding mediation from a ‘legal research’ point of view. This is because a lot of current common knowledge on mediation has its roots in a legal anthropological understanding. The argument that is set forth in this article is that the most important lesson that can be learned is that mediation should not be seen in isolation, but as part of a social process.

  12. Diagrammatic Reasoning

    DEFF Research Database (Denmark)

    Tylén, Kristian; Fusaroli, Riccardo; Stege Bjørndahl, Johanne

    2015-01-01

    are manipulated in order to profile known information in an optimal fashion. At other times diagrams are explored in order to gain new insights, solve problems or discover hidden meaning potentials. The latter cases often entail manipulations that either generate additional information or extract information......Many types of everyday and specialized reasoning depend on diagrams: we use maps to find our way, we draw graphs and sketches to communicate concepts and prove geometrical theorems, and we manipulate diagrams to explore new creative solutions to problems. The active involvement and manipulation...... of representational artifacts for purposes of thinking and communicating is discussed in relation to C.S. Peirce’s notion of diagrammatical reasoning. We propose to extend Peirce’s original ideas and sketch a conceptual framework that delineates different kinds of diagram manipulation: Sometimes diagrams...

  13. An Argumentation Framework based on Paraconsistent Logic

    Science.gov (United States)

    Umeda, Yuichi; Takahashi, Takehisa; Sawamura, Hajime

    Argumentation is the most representative of intelligent activities of humans. Therefore, it is natural to think that it could have many implications for artificial intelligence and computer science as well. Specifically, argumentation may be considered a most primitive capability for interaction among computational agents. In this paper we present an argumentation framework based on the four-valued paraconsistent logic. Tolerance and acceptance of inconsistency that this logic has as its logical feature allow for arguments on inconsistent knowledge bases with which we are often confronted. We introduce various concepts for argumentation, such as arguments, attack relations, argument justification, preferential criteria of arguments based on social norms, and so on, in a way proper to the four-valued paraconsistent logic. Then, we provide the fixpoint semantics and dialectical proof theory for our argumentation framework. We also give the proofs of the soundness and completeness.

  14. TAX LEGAL RELATIONSHIP

    OpenAIRE

    Narcis Eduard MITU; Alia Gabriela DUŢĂ

    2012-01-01

    The legal relationship is a patrimonial or non-patrimonial social relationship regulated by a rule of law. Any legal relationship is a social relationship, but not any social relationship is a legal relationship. The law maker has the power to select, of the multitude of human relationships, those who gives importance in terms of legal perspective, encoding them through legal regulations.

  15. Ulysses arrangements in psychiatric treatment: towards proposals for their use based on 'sharing' legal capacity.

    Science.gov (United States)

    Bielby, Phil

    2014-06-01

    A 'Ulysses arrangement' (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on 'competence-insensitive' UAs, which raise the question of the permissibility of overriding the patient's subsequent decisionally competent change of mind on the authority of the patient's own prior agreement. In "The Ethical Justification for Ulysses Arrangements", I consider sceptical and supportive arguments concerning competence-insensitive UAs, and argue that there are compelling reasons to give such UAs serious consideration. In "Decisional Competence and Legal Capacity in UAs", I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in "Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs", I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research.

  16. The Legal Ethical Backbone of Conscientious Refusal.

    Science.gov (United States)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

  17. Reasoning Maps

    OpenAIRE

    Falcão, Renato Pinto de Queiroz

    2003-01-01

    Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro Tecnológico. Programa de Pós-Graduação em Engenharia de Produção. Esta dissertação apresenta uma ferramenta de apoio à decisão, baseada na Metodologia Multicritérios de Apoio à Decisão - MCDA, através do desenvolvimento de um software denominado Reasoning Maps. O software permite, de maneira integrada, a construção de mapas cognitivos, suas diversas análises topológicas e o cadastramento e análise de alternativas. Abor...

  18. The probabilistic no miracles argument.

    Science.gov (United States)

    Sprenger, Jan

    This paper develops a probabilistic reconstruction of the No Miracles Argument (NMA) in the debate between scientific realists and anti-realists. The goal of the paper is to clarify and to sharpen the NMA by means of a probabilistic formalization. In particular, I demonstrate that the persuasive force of the NMA depends on the particular disciplinary context where it is applied, and the stability of theories in that discipline. Assessments and critiques of "the" NMA, without reference to a particular context, are misleading and should be relinquished. This result has repercussions for recent anti-realist arguments, such as the claim that the NMA commits the base rate fallacy (Howson (2000), Magnus and Callender ( Philosophy of Science , 71 :320-338, 2004)). It also helps to explain the persistent disagreement between realists and anti-realists.

  19. Socioscientific Argumentation of Pre-Service Teachers about Genetically Modified Organisms

    Science.gov (United States)

    Herawati, D.; Ardianto, D.

    2017-09-01

    This study aims to investigate socioscientific argumentation of pre-service teachers of science and non-science major regarding Genetically Modified Organisms (GMOs) issue. We used descriptive study and involved second-year pre-service teachers from two major, 28 pre-service science teachers (PSTs) and 28 pre-service non-science teachers (PNSTs) as participants. Paper and pencil test was administered in order to obtain the data of PSTs’ and PNSTs’ argument about GMOs. All of the data were analyzed by descriptive analysis. We applied Toulmin Argumentation Pattern (TAP) as a basic framework to identify the argumentation component. The result showed that both PSTs and PNSTs were able to propose an argument with a claim, data, and/or warrant.. Most of their argument contain data which provided in the text, without any further reasoning or relevant scientific knowledge. So, the coherency between argumentation component in both PSTs and PNSTs was limited. However, PSTs are more able to propose coherent arguments than PNSTs. These findings indicated that educational background and learning experiences may influence to pre-service teacher argumentation in the context of GMOs. Beside that, teaching and learning process which focused on the socioscientific issues is necessary to develop pre-service teachers’ argumentation

  20. Persuasive argumentation as a cultural practice

    Directory of Open Access Journals (Sweden)

    Paweł Gałkowski

    2014-06-01

    Full Text Available In this article author traces relation between argumentation and cultural practice. The first part focuses on definition of argumentation in informal logic tradition. In particular, it discusses argument in terms of verbal and social activity involving the use of everyday language. Author claims that there is no argumentation beyond language. The second part explains persuasive argumentation as a form of cultural practice. The persuasive arguments found in “social practice” can be understood as a social activity, analysable within the context of a given cultural system. Author refers to an approach taking the argumentative expression as a certain type of communicative practice, directed towards respecting, recognising or accepting specific actions. The inclusion of persuasive argumentation in the “circuit of cultural activities” to be studied makes it possible to compare this type of argumentation with other social practices, and to posit a clear historical dimension in the study of argumentation. It also makes it possible to view persuasive argumentation as one of many cultural activities aimed at changing or perpetuating behaviours, attitudes, thinking, etc. The third part of the paper concerns the problem of humanistic interpretation of persuasive argumentation. Author attempts to develop this intuition, at the same time demonstrating the problems that arise from this approach. In conclusion, author tries to analyze argumentation in terms of culture theory and humanistic interpretation.

  1. RHETORICAL STRUCTURE OF ARGUMENTATIVE ANSWER

    Directory of Open Access Journals (Sweden)

    Juliano Desiderato ANTONIO

    2014-12-01

    Full Text Available The aim of this paper is to describe the rhetorical structure of the argumentative answer genre in a corpus formed by 15 compositions of the winter vestibular of Universidade Estadual de Maringá. The instrument of analysis used in the investigation was RST (Rhetorical Structure Theory. The initial statement was considered the central unit of the argumentative answer. Most of the writers held evidence relation between the central unit (nucleus and the expansion (satellite. Evidence relation is interpersonal and the aim of the writers is to convince their addressees (in this case the compositions evaluation committee that their point is correct. Within the initial statement, the relation with higher frequency was contrast. Our hypothesis is that the selection of texts of the test influenced the applicants to present positive and negative aspects of the internet. In the higher level of the expansion text span, list is the most frequent relation because the applicants present various arguments with the same status. Contrast was the second relation with highest frequency in this same level. Our hypothesis is that the selection of texts of the test influenced the applicants to present positive and negative aspects of the internet as it happened in the initial statement. Within the 15 compositions, 12 had a conclusion. This part was considered a satellite of the span formed by the initial statement and its expansion. The relation held was homonymous.

  2. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  3. Social Values as Arguments: Similar is Convincing

    Directory of Open Access Journals (Sweden)

    Gregory R Maio

    2014-08-01

    Full Text Available Politicians, philosophers, and rhetors engage in co-value argumentation: appealing to one value in order to support another value (e.g., equality leads to freedom. Across four experiments in the United Kingdom and India, we found that the psychological relatedness of values affects the persuasiveness of the arguments that bind them. Experiment 1 found that participants were more persuaded by arguments citing values that fulfilled similar motives than by arguments citing opposing values. Experiments 2 and 3 replicated this result using a wider variety of values, while finding that the effect is stronger among people higher in need for cognition and that the effect is mediated by the greater plausibility of co-value arguments that link motivationally compatible values. Experiment 4 extended the effect to real-world arguments taken from political propaganda and replicated the mediating effect of argument plausibility. The findings highlight the importance of value relatedness in argument persuasiveness.

  4. Social values as arguments: similar is convincing

    Science.gov (United States)

    Maio, Gregory R.; Hahn, Ulrike; Frost, John-Mark; Kuppens, Toon; Rehman, Nadia; Kamble, Shanmukh

    2014-01-01

    Politicians, philosophers, and rhetors engage in co-value argumentation: appealing to one value in order to support another value (e.g., “equality leads to freedom”). Across four experiments in the United Kingdom and India, we found that the psychological relatedness of values affects the persuasiveness of the arguments that bind them. Experiment 1 found that participants were more persuaded by arguments citing values that fulfilled similar motives than by arguments citing opposing values. Experiments 2 and 3 replicated this result using a wider variety of values, while finding that the effect is stronger among people higher in need for cognition and that the effect is mediated by the greater plausibility of co-value arguments that link motivationally compatible values. Experiment 4 extended the effect to real-world arguments taken from political propaganda and replicated the mediating effect of argument plausibility. The findings highlight the importance of value relatedness in argument persuasiveness. PMID:25147529

  5. Social argumentation in online synchronous communication

    Science.gov (United States)

    Angiono, Ivan

    In education, argumentation has an increasing importance because it can be used to foster learning in various fields including philosophy, history, sciences, and mathematics. Argumentation is also at the heart of scientific inquiry. Many educational technology researchers have been interested in finding out how technologies can be employed to improve students' learning of argumentation. Therefore, many computer-based tools or argumentation systems have been developed to assist students in their acquisition of argumentation skills. While the argumentation systems incorporating online debating tools present a good resource in formal settings, there is limited research revealing what argumentative skills students are portraying in informal online settings without the presence of a moderator. This dissertation investigates the nature of argumentative practices in a massively multiplayer online game where the system successfully incorporates the authentic use of online synchronous communication tools and the patterns that emerge from the interplay between a number of contextual variables including synchronicity, interest, authenticity, and topical knowledge.

  6. Zero expression of arguments in Old Danish

    DEFF Research Database (Denmark)

    Heltoft, Lars

    2014-01-01

    Old Scandinavian (represented here by Old Danish) allowed zero arguments (null-arguments) in any nominal (argument) position, that is: for NPs as subjects, objects and in PPs. In generative grammar, zero arguments are held to be variants of pronouns, but in this article, I shall claim that zero...... arguments in Scanic are semantically different from pronouns, and therefore pronouns and zero arguments are not variants. At one level, zero arguments and pronouns are similar with respect to function, namely to supply means for establishing co-reference in text; however, they are not semantically...... equivalent. By reducing these two categories to one single underlying category, such as pro, one would miss this point. On the contrary, zero arguments are arguably full-bodied signs with their own content, thus corresponding to Melčuk’s Zero Sign Introduction Principle....

  7. Heuristic reasoning

    CERN Document Server

    2015-01-01

    How can we advance knowledge? Which methods do we need in order to make new discoveries? How can we rationally evaluate, reconstruct and offer discoveries as a means of improving the ‘method’ of discovery itself? And how can we use findings about scientific discovery to boost funding policies, thus fostering a deeper impact of scientific discovery itself? The respective chapters in this book provide readers with answers to these questions. They focus on a set of issues that are essential to the development of types of reasoning for advancing knowledge, such as models for both revolutionary findings and paradigm shifts; ways of rationally addressing scientific disagreement, e.g. when a revolutionary discovery sparks considerable disagreement inside the scientific community; frameworks for both discovery and inference methods; and heuristics for economics and the social sciences.

  8. Argument schemes, topoi, and laws of logic

    NARCIS (Netherlands)

    Wagemans, J.H.M.; van Eemeren, F.H.; Garssen, B.; Godden, D.; Mitchell, G.

    2011-01-01

    In a pragma-dialectical reconstruction of argumentative discourse, argumentation schemes are used to analyze the way in which the acceptability of the argument is transferred to that of the standpoint. In some contexts, the analytical armamentarium that is needed to reconstruct such an Acceptability

  9. Two Forms of Philosophical Argument or Critique

    Science.gov (United States)

    Marshall, James D.

    2004-01-01

    In this paper the author looks at two forms of philosophical argument or critique. These are derived by himself from the work of the late Kantian scholar, Stephan Korner who, in his book "What is Philosophy?" (1969), draws a number of distinctions between different forms of "philosophical" argument or critique. The two forms of derived argument,…

  10. Social Argumentation in Online Synchronous Communication

    Science.gov (United States)

    Alagoz, Esra

    2013-01-01

    The ability to argue well is a valuable skill for students in both formal and informal learning environments. While many studies have explored the argumentative practices in formal environments and some researchers have developed tools to enhance the argumentative skills, the social argumentation that is occurring in informal spaces has yet to be…

  11. 32 CFR 150.16 - Oral arguments.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Oral arguments. 150.16 Section 150.16 National Defense Department of Defense OFFICE OF THE SECRETARY OF DEFENSE REGULATIONS PERTAINING TO MILITARY JUSTICE COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE § 150.16 Oral arguments. Oral arguments...

  12. Teaching and Learning, Stories and Arguments

    Science.gov (United States)

    Govier, Trudy

    2013-01-01

    This paper explains and illustrates a method of argumentative reconstruction that may be used in the teaching of stories. Without maintaining that argument is superior to narrative or that all narratives should be cast as arguments, I illustrate the benefits of this approach for critical thinking and the discussion that ensues when one seeks to…

  13. Oral genres, argumentation and teaching

    Directory of Open Access Journals (Sweden)

    Zilda G. O. Aquino

    2015-02-01

    Full Text Available This paper aims at dealing with issues related to language spoken in the classroom, focusing on discursive practices that highlight argumentation. We believe that the discussions that were made around genres, especially guided by the studies of Bakhtin and Text Linguistics, have been providing a breakthrough towards the necessity for the school to promote language teaching through the discursive genre approach. That is what we expect to be happening since both writing and spoken modalities deserve space in learning. We believe that oral genres demand that teachers acquire specific knowledge of the features of spoken language interaction that arise from its use in practical situations. Because these studies are recent among our researchers (not longer than three decades, they should still be very present in our discussions. In this paper, we focus on a specific genre of oral tradition – the debate. It is ideal for knowledge building and taking a stand at issues that arise in society, all of which is particularly important to the school. Besides contributing to the development of skills required by certain sociodiscursive practices, it is proposed that the teaching of argumentation in oral genres concentrate on the observation of selected strategies in interactions. We are particularly interested in interactions that emerge when one interaction party is trying to persuade the other. The corpus consists of the transcriptions of debates which occurred both in the classroom and in other contexts, such as the media. The methodological approach is done by identifying the arguments and their strategic use in specific situations. The theoretical discussion rests on the works of Orecchioni (2010, Marcuschi (2004, Dolz and Schneuwly (2004, Perelman and Olbrechts-Tyteca (1996 [1958], among others.

  14. Den argumentative teksttype i reklamer

    DEFF Research Database (Denmark)

    Nielsen, Anne Ellerup

    1998-01-01

    - and macropropositions, it is a multicriterial model which takes into account both the syntactic, semantic and pragmatic features of texts. However, the model seems to offer some problems in establishing the limits between the argumentative and the descriptive text type. This imprecision is apparently due to the lack......The text-typology model developed by Jean-Michel Adam is one of the most well-defined and operational models if one wants to categorize whole texts or text fragments into smaller units. Given that a texttype is the result of specific functional and structural relations between micro...

  15. Insult in Context: Incorporating Speech Act Theory in Doctrinal Legal Analysis of Interpretative Discussions

    NARCIS (Netherlands)

    H.T.M. Kloosterhuis (Harm)

    2015-01-01

    textabstractIn this article, I want to show that some doctrinal problems of legal interpretation and argumentation can be analysed in a more precise way than a standard doctrinal analysis, when we use insights from speech act theory and argumentation theory. Taking a discussion about the accusation

  16. Reasonable Avoidability, Responsibility and Lifestyle Diseases

    DEFF Research Database (Denmark)

    Andersen, Martin Marchman

    2012-01-01

    In “Health, Luck and Justice” Shlomi Segall argues for a luck egalitarian approach to justice in health care. As the basis for a just distribution he suggests a principle of Reasonable Avoidability, which he takes to imply that we do not have justice-based reasons to treat diseases brought about...... such as smoking and over-eating, nor that responsibility is ultimately irrelevant for the principle of Reasonable Avoidability. Second, I object to an argument of Segall’s, according to which the size of the health-care costs related to smoking and obesity is irrelevant for whether society reasonably can expect...

  17. The Life-Embeddedness of Argumentation: A Prelude to Treating Arguments as Exhortations.

    Science.gov (United States)

    Schwartzman, Roy

    Argumentation is fundamentally exhortative: arguments can be understood as invitations to emulate the lives of those who make the arguments. The human exemplar of an argument's substance, e.g. Jesus Christ as exemplar of Christianity, is the paradigm for this theory in which the arguer's identity is seen both as equal in importance to and…

  18. Legal Philosophy - Five Questions

    DEFF Research Database (Denmark)

    This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

  19. Inductive Reasoning About Effectful Data Types

    DEFF Research Database (Denmark)

    Filinski, Andrzej; Støvring, Kristian

    2007-01-01

    We present a pair of reasoning principles, definition and proof by rigid induction, which can be seen as proper generalizations of lazy-datatype induction to monadic effects other than partiality. We further show how these principles can be integrated into logical-relations arguments, and obtain...

  20. Medico-legal aspects of sleep disorders: sleepiness and civil liability.

    Science.gov (United States)

    Ellis, Elizabeth; Grunstein, Ronald R.

    2001-02-01

    Excessive sleepiness is associated with motor vehicle accidents and is responsible for enormous social and financial loss. The specific legal obligations for an individual with a sleep disorder, their employer and those health care practitioners associated with that individual are reviewed. Although there are related implications within the criminal law and in particular criminal negligence, the arguments developed in this paper will be largely confined to the context of the civil liability. The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents. The reasoning of a recent Australian High Court judgement is discussed in view of the differences in legal and medical opinion on the extent of foreseeability of accidents as a result of sleepiness. Many countries have legislation designed to protect employees from injury at work and to protect the general public from injury. What is not clear is the extent to which an employer will be required to accept liability for an employee's sleepiness and the duty to monitor the health of their employees. Factors which influence this liability include: the extent to which the implications of the condition is known and understood generally; the extent to which the condition is suspected or identified in an individual employee; the extent of a proper screening and treatment program and the way in which risk management programs have been implemented. Although the issue of sleepiness and civil liability is examined from an Australian legal context, the principles have direct relevance to other legal systems. The authors highlight the degree of uncertainty provided by the common law and statutory provisions, and that decisions rest on the balance of public interests, which mean that many of the current dilemmas facing practitioners may only be solved in the courts.

  1. Should commercial organ donation be legalized in Germany? An ethical discourse.

    Science.gov (United States)

    Keller, F; Winkler, U; Mayer, J; Stracke, S

    2007-03-01

    We evaluated the arguments pro and con concerning kidney sales from a German perspective. At present, we see social, medical, and ethical reasons why organ selling should not be legalized in Germany. Legalization of organ selling would weaken the principle of solidarity within the German health system. Conversely, profit making will undermine the principle of social justice. Within the present social system in Germany, there is no economic pressure to sell an organ to save life, and there is no medical need to buy a kidney. Also, there exists the risk that opening the market for organ sales will de-motivate potential directed organ donors. Relatives would have more doubts about giving their consent to donate organs of their deceased. Moreover, the historical experience with the "action T4" of the Nazi regime sensitized German society for the categorical imperative set forth by Immanuel Kant (1724-1804), namely that man is not a means, but an end to himself. By selling one's kidney, the donor uses himself as a means and as an instrument for the end result of gaining money. With directed organ donation, the welfare of the recipient is the end result. The pending reform of the German health system needs a more communitarian sense, which will be eroded should organs be sold and no longer donated as gifts. Germany's special historical experience and a deeply embedded consent toward ethical values give reason for the prohibition of organ selling in Germany.

  2. Historic And Legal Report On The Constitutional Right To Life

    Directory of Open Access Journals (Sweden)

    Juan I. Larrea Holguín

    2012-12-01

    Full Text Available Here are collected two reports about the possibility of decriminalizing abortion in Ecuador. Although they were issued on the basis of two bills that failed in the legislature, historical and legal arguments discharges there, take advantage for further development doctrinal matter.

  3. 5½ Problems with Legal Positivism and Tax Law

    OpenAIRE

    Bogenschneider, Bret

    2017-01-01

    This essay is a reply to the famous paper by John Gardner: Legal Positivism: 5½ Myths and the more recent paper by John Prebble: Kelsen, the Principle of Exclusion of Contradictions, and General Anti-Avoidance Rules. The reply is developed from the perspective of tax law where the respective issues are of major significance. The “5½ problems” correspond to Gardner’s arguments and are as follows: (#1) Legal Positivism centers on determining whether a tax law is “legally valid” based on its sou...

  4. CLAD DEGRADATION - FEPS SCREENING ARGUMENTS

    International Nuclear Information System (INIS)

    R. Schreiner

    2004-01-01

    The purpose of this report is to evaluate and document the screening of the clad degradation features, events, and processes (FEPs) with respect to modeling used to support the Total System Performance Assessment-License Application (TSPA-LA). This report also addresses the effect of certain FEPs on both the cladding and the commercial spent nuclear fuel (CSNF), DOE-owned spent nuclear fuel (DSNF), and defense high-level waste (DHLW) waste forms, as appropriate to address the effects on multiple materials and both components (FEPs 2.1.09.09.0A, 2.1.09.11.0A, 2.1.11.05.0A, 2.1.12.02.0A, and 2.1.12.03.0A). These FEPs are expected to affect the repository performance during the postclosure regulatory period of 10,000 years after permanent closure. Table 1-1 provides the list of cladding FEPs, including their screening decisions (include or exclude). The primary purpose of this report is to identify and document the analysis, screening decision, and TSPA-LA disposition (for included FEPs) or screening argument (for excluded FEPs) for these FEPs related to clad degradation. In some cases, where a FEP covers multiple technical areas and is shared with other FEP reports, this report may provide only a partial technical basis for the screening of the FEP. The full technical basis for shared FEPs is addressed collectively by the sharing FEP reports. The screening decisions and associated TSPA-LA dispositions or screening arguments from all of the FEP reports are cataloged in a project-specific FEPs database

  5. Empirical Scientific Research and Legal Studies Research--A Missing Link

    Science.gov (United States)

    Landry, Robert J., III

    2016-01-01

    This article begins with an overview of what is meant by empirical scientific research in the context of legal studies. With that backdrop, the argument is presented that without engaging in normative, theoretical, and doctrinal research in tandem with empirical scientific research, the role of legal studies scholarship in making meaningful…

  6. Beyond the Theoretical Rhetoric: A Proposal to Study the Consequences of Drug Legalization.

    Science.gov (United States)

    Yacoubian, George S., Jr.

    2001-01-01

    In this study, the arguments surrounding the drug legalization debate are synthesized into a proposal for future research. Such a proposal illustrates that the core elements surrounding drug legalization are not only testable, but that the time may be right to consider such an empirical effort. (Author)

  7. [Scientific evidence on the legalization of abortion in Mexico City].

    Science.gov (United States)

    Gayón-Vera, Eduardo

    2010-03-01

    On April 24 2007, abortion before 12 weeks became legal in Mexico City. The arguments for this decision were: diminish the maternal morbidity and mortality, avoid a "severe health problem" and accomplish the women's physical, mental and social well being. To analyze the scientific evidences that support or reject this arguments. Retrospective study realized by bibliographic search of electronic data basis and Internet portals of interested groups. Mexico is considered by the World Health Organization, one of the countries in the world with low maternal mortality rates (drug abuse, alcoholism, child abuse, low birth weight in the following pregnancy, greater risk of subsequent miscarriage and greater mortality rate. There are no scientific evidences to support the arguments used for the legal approval of abortion in Mexico City.

  8. Definitional Arguments in Children’s Speech

    Directory of Open Access Journals (Sweden)

    Rebecca Schar

    2017-07-01

    Full Text Available Based on the debate on children’s ability to produce argumentative discourse in different edu­cational settings, this paper provides further support for the fact that small children are able to support their opinions with arguments. In particular, the paper makes a case in point on children’s appeal to definitional loci, when supporting their standpoints. The analysis of their reasoning’s implicit components shows how children apply different definitional arguments.

  9. Agent Argumentation with Opinions and Advice

    Science.gov (United States)

    Debenham, John; Sierra, Carles

    In argumentation-based negotiation the rhetorical illocutionary particles Appeals, Rewards and Threats have implications for the players that extend beyond a single negotiation and are concerned with building (business) relationships. This paper extends an agent's relationship-building argumentative repertoire with Opinions and Advice. A framework is described that enables agents to model their relationships and to use argumentative dialogue strategically both to achieve good negotiation outcomes and to build and sustain valuable relationships.

  10. Graphical Argument in the Essayist Prose of the Pesquisa FAPESP Journal

    Directory of Open Access Journals (Sweden)

    Irene Machado

    2016-03-01

    Full Text Available This article investigates the concept of graphical argumentation as an exercise of essayistic prose developed in the process of writing expansion in printed texts. It is understood that by expanding the scope of the word in the context of visual graphics processes such as drawings, photography and infographics, arguments are achievements much more of diagrammatic reasoning than of rhetorical elaboration. Proof of that are graphic arguments, which have become an inalienable modeling from texts of scientific communication, such as the ones produced in the Pesquisa FAPESP journal.

  11. Trying and the Arguments from Total Failure

    DEFF Research Database (Denmark)

    Grünbaum, Thor

    2008-01-01

    New Volitionalism is a name for certain widespread conception of the nature of intentional action. Some of the standard arguments for New Volitionalism, the so-called arguments from total failure, have even acquired the status of basic assumptions for many other kinds of philosophers. It is there......New Volitionalism is a name for certain widespread conception of the nature of intentional action. Some of the standard arguments for New Volitionalism, the so-called arguments from total failure, have even acquired the status of basic assumptions for many other kinds of philosophers...

  12. Motivated Reasoning and Political Parties

    DEFF Research Database (Denmark)

    Petersen, Michael Bang; Skov, Martin; Serritzlev, Søren

    2013-01-01

    Extant research in political science has demonstrated that citizens’ opinions on policies are influenced by their attachment to the party sponsoring them. At the same time, little evidence exists illuminating the psychological processes through which such party cues are filtered. From the psychol...... of the motivated reasoning hypothesis, demonstrate that across student and nationally representative samples, the presence of party cues increases processing effort....... the psychological literature on source cues, we derive two possible hypotheses: (1) party cues activate heuristic processing aimed at minimizing the processing effort during opinion formation, and (2) party cues activate group motivational processes that compel citizens to support the position of their party....... As part of the latter processes, the presence of party cues would make individuals engage in effortful motivated reasoning to produce arguments for the correctness of their party’s position. Following psychological research, we use response latency to measure processing effort and, in support...

  13. Consentimento informado na investigação psicológica com imputáveis e inimputáveis no âmbito do ordenamento jurídico português Informed consent in psychological research with citizens able-to-stand-trial and not-guilty-by-reason-of-insanity under the Portuguese legal

    Directory of Open Access Journals (Sweden)

    Emília Tavares Marques

    2012-12-01

    Full Text Available Neste artigo, enquadrado numa investigação mais ampla na área da psicologia, que envolve imputáveis e inimputáveis, realizada num estabelecimento prisional em Portugal, pretendemos fazer uma breve revisão bibliográfica sobre a utilidade ea importância do consentimento informado na pesquisa, quer com cidadãos livres, quer com cidadãos juridicamente privados de liberdade. Consideramos que todo o profissional de saúde, nomeadamente psicólogo, deve pugnar pela obediência a firmes padrões de ética nas investigações, independentemente do grupo que esteja a estudar. Começamos por definir as noções de de ontologia e ética, e depois nos debruçamos sobre os princípios éticos contemplados no ordenamento jurídico português sobre o consentimento informado, entre os quais o respeito pela dignidade da pessoa, a competência, a responsabilidade e a beneficência e não mal eficência.In this paper, framed in a broader research in the field of psychology that involves able-to-stand-trial and not-guilty-by-reason-of-insanity in a prison in Portugal, we intend to briefly review the literature on the usefulness and importance of informed consent in research with free citizens and with citizens legally deprived of freedom. We believe that all health professionals, namely psychologists, should strive for compliance with firm standards of ethics in research, regardless of the group being studied. We begin, then, define the concepts of deontology and ethics, and then turning to the ethical principles covered in the portuguese legal informed consent, including respect for human dignity, competence, responsibility and kindness and not nonmaleficence. Within this framework, we discuss issues that arise when citizens informed consent in legally deprived of their liberty: and attributable indictment.

  14. Stanovich's arguments against the "adaptive rationality" project: An assessment.

    Science.gov (United States)

    Polonioli, Andrea

    2015-02-01

    This paper discusses Stanovich's appeal to individual differences in reasoning and decision-making to undermine the "adaptive rationality" project put forth by Gigerenzer and his co-workers. I discuss two different arguments based on Stanovich's research. First, heterogeneity in the use of heuristics seems to be at odds with the adaptationist background of the project. Second, the existence of correlations between cognitive ability and susceptibility to cognitive bias suggests that the "standard picture of rationality" (Stein, 1996, 4) is normatively adequate. I argue that, as matters stand, none of the arguments can be seen as fully compelling. Nevertheless, my discussion is not only critical of Stanovich's research, as I also show that (and how) his research can push forward the so-called "rationality debate" by encouraging greater theoretical and experimental work. Copyright © 2015 Elsevier Ltd. All rights reserved.

  15. Case Briefs in Legal English Classes

    Directory of Open Access Journals (Sweden)

    Bilová Stĕpánka

    2016-06-01

    Full Text Available A case brief can be described as a succinct summary of a case which specifies the facts, procedural history, legal issue(s, court decision and legal reasoning supporting the judgment, even though exact formats may vary. Case briefing is a demanding activity which is required from students during their law studies. The goal is to teach students to focus on the essential parts of the case and to obtain a thorough understanding of the case and the reasoning, which means the students need to employ their analytical and critical thinking skills.

  16. A belief revision approach for argumentation-based negotiation agents

    Directory of Open Access Journals (Sweden)

    Pilotti Pablo

    2015-09-01

    Full Text Available Negotiation is an interaction that happens in multi-agent systems when agents have conflicting objectives and must look for an acceptable agreement. A typical negotiating situation involves two agents that cannot reach their goals by themselves because they do not have some resources they need or they do not know how to use them to reach their goals. Therefore, they must start a negotiation dialogue, taking also into account that they might have incomplete or wrong beliefs about the other agent’s goals and resources. This article presents a negotiating agent model based on argumentation, which is used by the agents to reason on how to exchange resources and knowledge in order to achieve their goals. Agents that negotiate have incomplete beliefs about the others, so that the exchange of arguments gives them information that makes it possible to update their beliefs. In order to formalize their proposals in a negotiation setting, the agents must be able to generate, select and evaluate arguments associated with such offers, updating their mental state accordingly. In our approach, we will focus on an argumentation-based negotiation model between two cooperative agents. The arguments generation and interpretation process is based on belief change operations (expansions, contractions and revisions, and the selection process is a based on a strategy. This approach is presented through a high-level algorithm implemented in logic programming. We show various theoretical properties associated with this approach, which have been formalized and proved using Coq, a formal proof management system. We also illustrate, through a case study, the applicability of our approach in order to solve a slightly modified version of the well-known home improvement agents problem. Moreover, we present various simulations that allow assessing the impact of belief revision on the negotiation process.

  17. The Origins of Islamic Legal Theory (Uṣūl al-Fiqh

    Directory of Open Access Journals (Sweden)

    Mohd Daud Bakar

    1997-12-01

    Full Text Available The question of, and the debate on, the origins of Islamic legal theory continues, largely in the academic circles of Western Islamicists. As for Muslim scholars, they have done little to redress the imbalance. This article presents a summary of the major arguments of Western Islamicists. The arguments are then re-examined to redress any misconceptions about the origins of Islamic legal theory. The ultimate aim is to suggest a new methodology for studying the early legal history of Islam.

  18. Dementia and Legal Competency

    OpenAIRE

    Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-01-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

  19. Legal and Administrative Language

    Science.gov (United States)

    Schwarz, Hans

    1977-01-01

    A discussion of legal and administrative language, and the necessity for accurate translation of this language in the field of international relations. Topics treated are: characteristic features of legal and administrative terminology; the interpretation of it; and the technique of translating legal and administrative texts. (AMH)

  20. Using the Cognitive Apprenticeship Web-based Argumentation System to Improve Argumentation Instruction

    Science.gov (United States)

    Tsai, Chun-Yen; Jack, Brady Michael; Huang, Tai-Chu; Yang, Jin-Tan

    2012-08-01

    This study investigated how the instruction of argumentation skills could be promoted by using an online argumentation system. This system entitled `Cognitive Apprenticeship Web-based Argumentation' (CAWA) system was based on cognitive apprenticeship model. One hundred eighty-nine fifth grade students took part in this study. A quasi-experimental design was adopted and qualitative and quantitative analyses were used to evaluate the effectiveness of this online system in measuring students' progress in learning argumentation. The results of this study showed that different teaching strategies had effects on students' use of argumentation in the topics of daily life and the concept of `vision.' When the CAWA system was employed during the instruction and practice of argumentation on these two topics, the students' argumentation performance improved. Suggestions on how the CAWA system could be used to enhance the instruction of argumentation skills in science education were also discussed.

  1. Psychological and sociological research and the decriminalization or legalization of prostitution.

    Science.gov (United States)

    Rio, L M

    1991-04-01

    In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

  2. Vygotsky's Crisis: Argument, context, relevance.

    Science.gov (United States)

    Hyman, Ludmila

    2012-06-01

    Vygotsky's The Historical Significance of the Crisis in Psychology (1926-1927) is an important text in the history and philosophy of psychology that has only become available to scholars in 1982 in Russian, and in 1997 in English. The goal of this paper is to introduce Vygotsky's conception of psychology to a wider audience. I argue that Vygotsky's argument about the "crisis" in psychology and its resolution can be fully understood only in the context of his social and political thinking. Vygotsky shared the enthusiasm, widespread among Russian leftist intelligentsia in the 1920s, that Soviet society had launched an unprecedented social experiment: The socialist revolution opened the way for establishing social conditions that would let the individual flourish. For Vygotsky, this meant that "a new man" of the future would become "the first and only species in biology that would create itself." He envisioned psychology as a science that would serve this humanist teleology. I propose that The Crisis is relevant today insofar as it helps us define a fundamental problem: How can we systematically account for the development of knowledge in psychology? I evaluate how Vygotsky addresses this problem as a historian of the crisis. Copyright © 2011 Elsevier Ltd. All rights reserved.

  3. [Preimplantation genetic diagnosis. Ethical, social and legal aspects].

    Science.gov (United States)

    Kress, Hartmut

    2007-02-01

    Preimplantation genetic diagnosis (PGD) undertakes an examination of an embryo outside the mother's womb subsequent to artificial insemination in order to identify a potential genetic and chromosomal impairment of that embryo. PGD is not being practiced in the Federal Republic of Germany since it cannot be reconciled with the provisions of the Embryo Protection Law. Objections have been raised against PGD based on ethical, religious and feminist arguments as well as on the grounds of legal framework policy. The essence of those objections relates to the fact that this method relativises the inviolability of the embryo in its early stages. Even human dignity itself is considered in danger. However, those objections have themselves caused demur. A variety of ethical reasons make it appear conceivable to allow PGD under narrowly defined conditions in medically founded cases. PGD can be used to the benefit of the health of both the pregnant mother and the expected children. In case PGD should be permitted, it would have to be within the framework of medical and sociopsychological counselling.

  4. Reasoning with Partial Knowledge

    NARCIS (Netherlands)

    L. Polos (Laszlo); M.T. Hannan

    2000-01-01

    textabstractWe investigate how sociological argumentation differs from the classical first-order logic. We focus on theories about age dependence of organizational mortality. The overall pattern of argument does not comply with the classical monotonicity principle: adding premises does not overturn

  5. Examining Elementary Students' Development of Oral and Written Argumentation Practices Through Argument-Based Inquiry

    Science.gov (United States)

    Chen, Ying-Chih; Hand, Brian; Park, Soonhye

    2016-05-01

    Argumentation, and the production of scientific arguments are critical elements of inquiry that are necessary for helping students become scientifically literate through engaging them in constructing and critiquing ideas. This case study employed a mixed methods research design to examine the development in 5th grade students' practices of oral and written argumentation from one unit to another over 16 weeks utilizing the science writing heuristic approach. Data sources included five rounds of whole-class discussion focused on group presentations of arguments that occurred over eleven class periods; students' group writings; interviews with six target students and the teacher; and the researcher's field notes. The results revealed five salient trends in students' development of oral and written argumentative practices over time: (1) Students came to use more critique components as they participated in more rounds of whole-class discussion focused on group presentations of arguments; (2) by challenging each other's arguments, students came to focus on the coherence of the argument and the quality of evidence; (3) students came to use evidence to defend, support, and reject arguments; (4) the quality of students' writing continuously improved over time; and (5) students connected oral argument skills to written argument skills as they had opportunities to revise their writing after debating and developed awareness of the usefulness of critique from peers. Given the development in oral argumentative practices and the quality of written arguments over time, this study indicates that students' development of oral and written argumentative practices is positively related to each other. This study suggests that argumentative practices should be framed through both a social and epistemic understanding of argument-utilizing talk and writing as vehicles to create norms of these complex practices.

  6. The Use and Incorporation of Extralegal Insights in Legal Reasoning

    NARCIS (Netherlands)

    Giesen, Ivo

    2015-01-01

    Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for

  7. Argumentation in socio-scientific discussions

    Directory of Open Access Journals (Sweden)

    Mírian Rejane Magalhães Mendes

    2013-12-01

    Full Text Available This study aimed to understand the development of the argument in socio-scientific discussions in Chemistry lessons. Were investigated classes of three teachers in public schools in high school of the Federal District – Brazil to identify the occurrence of argumentative situations,actions favorable to the development of the arguments made by the teachers, and the presence of scientific knowledge on the composition of the arguments developed. The monitoring of the classes involved videotaping lessons; field notes; interview in focus groups with students and individually with each one of the teachers; and the application of a questionnaire for the teachers. The results showed that the teachers have established an opportune environment to argumentative practice when promoted socio-scientific discussions, facilitate the verbalization, and use strategies aimed at the participation of students as interlocutors in discussion and interaction. On the other hand, it was found that the argumentative situations identified were not very significant and that the teachers had difficulties in developing specific verbal actions directed to the establishment of the argumentation and for the mobilization of scientific knowledge in the construction of arguments.

  8. Analysis and evaluation of argumentative discourse

    NARCIS (Netherlands)

    van Eemeren, F.H.; Garssen, B.; van Eemeren, F.H.

    2015-01-01

    Although Renkema’s Introduction to Discourse Studies (2004: Chap. 12) provides a useful introduction to the study of argumentation, this brief account does not provide a full characterization of the field. Among the dominant approaches to argumentative discourse a general distinction can be made

  9. Friendly Alternatives to the Argumentative Essay.

    Science.gov (United States)

    Costanzo, William V.

    Many teachers would like to counter what Deborah Tannen calls "The Argument Culture." They recognize that teaching students traditional principles of argument may perpetuate the kind of adversarial thinking that erupts all too often: in aggressive newspaper headlines, on confrontational television shows, in court rooms, and in school…

  10. Arguments that take counterconsiderations into account

    NARCIS (Netherlands)

    van Laar, Jan Albert

    2014-01-01

    This paper examines arguments that take counterconsiderations into account, and it does so from a dialogical point of view. According to this account, a counterconsideration is part of a critical reaction from a real or imagined opponent, and an arguer may take it into account in his argument in at

  11. 42 CFR 405.1124 - Oral argument.

    Science.gov (United States)

    2010-10-01

    ... Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES MEDICARE PROGRAM FEDERAL HEALTH INSURANCE FOR THE AGED AND DISABLED Determinations, Redeterminations, Reconsiderations, and... argument, it tells the parties of the time and place of the oral argument at least 10 calendar days before...

  12. Improving the Metaphysical Argument against Free Will ...

    African Journals Online (AJOL)

    Galen Strawson and Saul Smilansky have offered a well-known argument that free will does not exist because the control involved is so robust that it would require influence over an infinite series of prior decisions. (Strawson 1986, 1994, 2002, Smilansky 2000, 2002) Unfortunately, while this metaphysical argument has ...

  13. Argument z důsledku a jeho varianty (Argument from Consequences and its variants

    Directory of Open Access Journals (Sweden)

    Martina Juříková

    2016-03-01

    Full Text Available The article examines the use and evaluation of the argument from consequences, its historical origins since Aristotle through Blaise Pascal, David Hume until the inclusion of this argument into the textbooks of modern logic. The article also recapitulates current evaluation of this argument by Douglas Walton and along with Walton presents its two variants and criteria for evaluating their validity.

  14. Toulmin and the Ethics of Argument Fields: Teaching Writing and Argument.

    Science.gov (United States)

    Stygall, Gail

    1987-01-01

    Proposes Toulmin approach to logic as an organic process alternative to the battlefield model of argumentation. Shows that in a Toulmin four part argument structure--data, warrant, backing and claim--the argument field from which the warrant and the backing arise determines the data available to support the claim. Thus the relativity of multiple…

  15. ?This Is Real Misery?: Experiences of Women Denied Legal Abortion in Tunisia

    OpenAIRE

    Hajri, Selma; Raifman, Sarah; Gerdts, Caitlin; Baum, Sarah; Foster, Diana Greene

    2015-01-01

    Barriers to accessing legal abortion services in Tunisia are increasing, despite a liberal abortion law, and women are often denied wanted legal abortion services. In this paper, we seek to explore the reasons for abortion denial and whether these reasons had a legal or medical basis. We also identify barriers women faced in accessing abortion and make recommendations for improved access to quality abortion care. We recruited women immediately after they had been turned away from legal aborti...

  16. Argudas: lessons for argumentation in biology based on a gene expression use case.

    Science.gov (United States)

    McLeod, Kenneth; Ferguson, Gus; Burger, Albert

    2012-01-25

    In situ hybridisation gene expression information helps biologists identify where a gene is expressed. However, the databases that republish the experimental information online are often both incomplete and inconsistent. Non-monotonic reasoning can help resolve such difficulties - one such form of reasoning is computational argumentation. Essentially this involves asking a computer to debate (i.e. reason about) the validity of a particular statement. Arguments are produced for both sides - the statement is true and, the statement is false - then the most powerful argument is used. In this work the computer is asked to debate whether or not a gene is expressed in a particular mouse anatomical structure. The information generated during the debate can be passed to the biological end-user, enabling their own decision-making process. This paper examines the evolution of a system, Argudas, which tests using computational argumentation in an in situ gene hybridisation gene expression use case. Argudas reasons using information extracted from several different online resources that publish gene expression information for the mouse. The development and evaluation of two prototypes is discussed. Throughout a number of issues shall be raised including the appropriateness of computational argumentation in biology and the challenges faced when integrating apparently similar online biological databases. From the work described in this paper it is clear that for argumentation to be effective in the biological domain the argumentation community need to develop further the tools and resources they provide. Additionally, the biological community must tackle the incongruity between overlapping and adjacent resources, thus facilitating the integration and modelling of biological information. Finally, this work highlights both the importance of, and difficulty in creating, a good model of the domain.

  17. An Application of Formal Argumentation: Fusing Bayes Nets in MAS

    DEFF Research Database (Denmark)

    Nielsen, Søren Holbech; Parsons, Simon

    2006-01-01

    to reach the compromise by gradually agreeing on parts of it. In the metaphor of the variable, the agents should be able to agree on successively smaller subsets of the enormous state space. However, these same local relationship can interact, and understanding the extent to which partial agreements affect...... the possible final compromise is a highly complex task. In this work we suggest using formal argumentation as the reasoning mechanism for agents solving this task, and suggest an open-ended agora approach that ensures agents high quality compromises in an anytime fashion....

  18. Crows spontaneously exhibit analogical reasoning.

    Science.gov (United States)

    Smirnova, Anna; Zorina, Zoya; Obozova, Tanya; Wasserman, Edward

    2015-01-19

    Analogical reasoning is vital to advanced cognition and behavioral adaptation. Many theorists deem analogical thinking to be uniquely human and to be foundational to categorization, creative problem solving, and scientific discovery. Comparative psychologists have long been interested in the species generality of analogical reasoning, but they initially found it difficult to obtain empirical support for such thinking in nonhuman animals (for pioneering efforts, see [2, 3]). Researchers have since mustered considerable evidence and argument that relational matching-to-sample (RMTS) effectively captures the essence of analogy, in which the relevant logical arguments are presented visually. In RMTS, choice of test pair BB would be correct if the sample pair were AA, whereas choice of test pair EF would be correct if the sample pair were CD. Critically, no items in the correct test pair physically match items in the sample pair, thus demanding that only relational sameness or differentness is available to support accurate choice responding. Initial evidence suggested that only humans and apes can successfully learn RMTS with pairs of sample and test items; however, monkeys have subsequently done so. Here, we report that crows too exhibit relational matching behavior. Even more importantly, crows spontaneously display relational responding without ever having been trained on RMTS; they had only been trained on identity matching-to-sample (IMTS). Such robust and uninstructed relational matching behavior represents the most convincing evidence yet of analogical reasoning in a nonprimate species, as apes alone have spontaneously exhibited RMTS behavior after only IMTS training. Copyright © 2015 Elsevier Ltd. All rights reserved.

  19. Dementia and legal competency.

    Science.gov (United States)

    Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

    2011-06-01

    The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

  20. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  1. Contested Relations and Authoritative Texts: Seventh-Grade Students (1987) and Legal Professionals (1954) Argue "Brown v. Board of Education."

    Science.gov (United States)

    Diamondstone, Judith V.

    1997-01-01

    Compares textual notes taken by seventh-grade students on the 1954 school desegregation case, "Brown v. Board of Education," to those taken by legal professionals. Shows that the students rejected what they saw as violations of conventions of Supreme Court argument, while the winning argument in the actual case plays with conventions by…

  2. Embryos, individuals, and persons: an argument against embryo creation and research.

    Science.gov (United States)

    Tollefsen, C

    2001-01-01

    One strategy for arguing that it should be legally permissible to create human embryos, or to use spare human embryos, for scientific research purposes involves the claim that such embryos cannot be persons because they are not human individuals while twinning may yet take place. Being a human individual is considered to be by most people a necessary condition for being a human person. I argue first that such an argument against the personhood of embryos must be rationally conclusive if their destruction in public places such as laboratories is to be countenanced. I base this argument on a popular understanding of the role that the notion of privacy plays in abortion laws. I then argue that such arguments against personhood are not rationally conclusive. The claim that the early embryos is not a human individual is not nearly as obvious as some assert.

  3. Reinstatement and Specificty in Argumentation Systems

    Directory of Open Access Journals (Sweden)

    Claudio Andres Alessio

    2016-12-01

    Full Text Available Reinstatement is a principle of argumentation systems that enables the justification of a defeated argument when all its defeaters are in turn ultimately defeated. Some counterexamples to reinstatement have been offered in the literature. Specifically, counterexamples suggest that reinstatement cannot be taken as a general principle of defeasible argumentation because the reinstated arguments may support incorrect conclusions. Some authors argued that the problems are not due to reinstatement but to the formalization of those examples. Then, the solution is to make the language expressive enough to obtain the correct results. They also warn that one should avoid tinkering with the formalization in concrete examples just to get a desired outcome. Therefore, this approach should be combined with the search of general principles for choosing the proper formalization. Taking into account that finding general principles of representation could be a hard enterprise, the goal of this thesis is to identify some criterion that allows i. neutralize the counterexamples, ii. preserve the original formal language as much as possible, and iii. maintain reinstatement as a general principle. To identify that criterion, counterexamples are analyzed and possible causes of the problem are detected. As a result it is found that the preference by specificity among arguments can be used to obtain that criterion. Three approaches based on specificity are proposed and evaluated. Two of them introduce alternative defeat relations among arguments. The third one is based on filtering the non maximally specific arguments.

  4. The relevance framework for category-based induction: Evidence from garden-path arguments.

    Science.gov (United States)

    Feeney, Aidan; Coley, John D; Crisp, Aimée

    2010-07-01

    Relevance theory (Sperber & Wilson, 1995) suggests that people expend cognitive effort when processing information in proportion to the cognitive effects to be gained from doing so. This theory has been used to explain how people apply their knowledge appropriately when evaluating category-based inductive arguments (Medin, Coley, Storms, & Hayes, 2003). In such arguments, people are told that a property is true of premise categories and are asked to evaluate the likelihood that it is also true of conclusion categories. According to the relevance framework, reasoners generate hypotheses about the relevant relation between the categories in the argument. We reasoned that premises inconsistent with early hypotheses about the relevant relation would have greater effects than consistent premises. We designed three premise garden-path arguments where the same 3rd premise was either consistent or inconsistent with likely hypotheses about the relevant relation. In Experiments 1 and 2, we showed that effort expended processing consistent premises (measured via reading times) was significantly less than effort expended on inconsistent premises. In Experiment 2 and 3, we demonstrated a direct relation between cognitive effect and cognitive effort. For garden-path arguments, belief change given inconsistent 3rd premises was significantly correlated with Premise 3 (Experiment 3) and conclusion (Experiments 2 and 3) reading times. For consistent arguments, the correlation between belief change and reading times did not approach significance. These results support the relevance framework for induction but are difficult to accommodate under other approaches. (c) 2010 APA, all rights reserved

  5. MAKING LEGAL SENSE OF HUMAN RIGHTS: Introduction

    African Journals Online (AJOL)

    eliasn

    Rotterdam: PhD. Thesis, Erasmus University of Rotterdam, The Netherlands, 1993. Galenkamp holds that collective rights, while they can be ascriptively made legal rights--rights by consensus—cannot be moral (and hence human) rights. Reason: collectivities do not have a moral agency that individuals have. This seems to ...

  6. Fallacies in ethical argumentation on abortion

    Directory of Open Access Journals (Sweden)

    Simona Mazilu

    2007-01-01

    Full Text Available This paper represents a case study of the types of fallacies that may occur in the argumentation stage of an ethical dispute over abortion. The theoretical framework I use is the pragma-dialectical theory of argumentation (van Eemeren and Grootendorst 1992, 2004 which conceives of fallacies as violations of the rules for critical discussion. I will focus on the fallacies resulting from the violation of the relevance rule in two fragments of argumentative texts illustrating opposing positions on abortion. I claim that these fallacies function as winning strategies in the ethical dispute in case.

  7. Implementation of a Curriculum-Integrated Computer Game for Introducing Scientific Argumentation

    Science.gov (United States)

    Wallon, Robert C.; Jasti, Chandana; Lauren, Hillary Z. G.; Hug, Barbara

    2017-11-01

    Argumentation has been emphasized in recent US science education reform efforts (NGSS Lead States 2013; NRC 2012), and while existing studies have investigated approaches to introducing and supporting argumentation (e.g., McNeill and Krajcik in Journal of Research in Science Teaching, 45(1), 53-78, 2008; Kang et al. in Science Education, 98(4), 674-704, 2014), few studies have investigated how game-based approaches may be used to introduce argumentation to students. In this paper, we report findings from a design-based study of a teacher's use of a computer game intended to introduce the claim, evidence, reasoning (CER) framework (McNeill and Krajcik 2012) for scientific argumentation. We studied the implementation of the game over two iterations of development in a high school biology teacher's classes. The results of this study include aspects of enactment of the activities and student argument scores. We found the teacher used the game in aspects of explicit instruction of argumentation during both iterations, although the ways in which the game was used differed. Also, students' scores in the second iteration were significantly higher than the first iteration. These findings support the notion that students can learn argumentation through a game, especially when used in conjunction with explicit instruction and support in student materials. These findings also highlight the importance of analyzing classroom implementation in studies of game-based learning.

  8. Exploring Science Teachers' Argumentation and Personal Epistemology About Global Climate Change

    Science.gov (United States)

    Liu, Shiyu; Roehrig, Gillian

    2017-06-01

    This case study investigated the nature of in-service science teachers' argumentation and personal epistemology about global climate change during a 3-year professional development program on climate change education. Qualitative analysis of data from interviews and written assessments revealed that while these teachers grounded their arguments on climate issues in evidence, the evidence was often insufficient to justify their causal claims. Compared with generating arguments for their own views, teachers had more difficulties in constructing evidence-based arguments for alternative perspectives. Moreover, while these teachers shared some similarities in their epistemology about climate science, they varied in their beliefs about specific aspects such as scientists' expertise and the credibility of scientific evidence. Such similarities and distinctions were shown to relate to how teachers used evidence to justify claims in their arguments. The findings also suggested a mismatch between teachers' personal epistemology about science in general and climate science, which was revealed through their argumentation. This work helps to further the ongoing discussions in environmental education about what knowledge and skills teachers need in order to teach climate issues and prepare students for future decision making. It constitutes first steps to facilitate reasoning and argumentation in climate change education and provides important implications for future design of professional development programs.

  9. Argumentation and development of reflective thinking / Argumentação e desenvolvimento do pensamento reflexivo

    Directory of Open Access Journals (Sweden)

    Selma Leitão

    2007-01-01

    Full Text Available The main goal of this article is to offer a perspective from which the relations between argumentation and reflection can be investigated. The main argument proposed is that the same semiotic-dialogic mechanism that constitutes argumentation (supporting a view with reasons, considering objections and responding to opposition has a built-in capacity to place the arguer's thinking in a metacognitive framework. Together, they are effective in orienting the thinking a person does towards examining the bases and limits of his/her own thoughts. They do so by introducing into the person's psychological field a new object for reflection the arguer's own thoughts. At the second section of the article, the analysis of some fragments of children's argumentation produced in classroom illustrates how the framework proposed can be used in investigating the development of self-regulated reflection.

  10. Is Aristotle’s Response to the Argument for Fatalism in De Interpretatione 9 Successful?

    Directory of Open Access Journals (Sweden)

    M. A. Istvan Jr.

    2014-08-01

    Full Text Available The goal of this paper is to figure out whether Aristotle’s response to the argument for fatalism in De Interpretatione 9 is a success. By “response” it is meant not simply the reasons Aristotle offers to highlight why fatalism does not accord with how we conduct our lives, but also the solution he devises to block the argument for fatalism. This paper finds that a Aristotle’s argument for fatalism is essentially bivalence plus that the truth of a proposition implies necessity, b that Aristotle’s solution is to restrict bivalence, c that this solution is coherent, and d that while this solution does not rule out the possibility of fatalism, it does succeed in blocking the argument for fatalism offered within chapter 9.

  11. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...... and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law...

  12. Legality of Tawarruq in Islamic Finance

    Directory of Open Access Journals (Sweden)

    Nur Yuhanis Bt Ismon

    2012-01-01

    Full Text Available Objective – Islamic finance has been established as an alternative to the conventional banking system which is made up component not permitted under Shariah. Tawarruq is one of the Islamic finance products which commonly used in Islamic banks. This research assesses two important areas which include the principle of Tawarruq in Fiqh perspective and the practical aspect of such principle in Islamic banks in Malaysia.Method – The method used for this research is comparative analysis.Result – This research begins to explore the different views of the proponent and opponents toward the legality of Tawarruq in Fiqh . Instead of considering the basic condition of the valid sale, the other aspect has to be pondered by the contemporary scholars to render Tawarruq is valid sale according to Shariah. The legality of Tawarruq has been debate by some scholars. Due to that, there are different resolution and rulings from Islamic countries on legality of of Tawarruq . In the practical aspect, Tawarruq has been used in Malaysia by Bursa Malaysia Suq Al Sila' as a trading platform and it uses Crude Palm Oil (CPO as the commodity in Tawarruq transaction. While, in the Middle East, it uses London Metal Exchange (LME in dealing with commodity transaction through Tawarruq principle.Conclusion – Based on the legal argument on the permissibility of Tawarruq , it can be summarized that Tawarruq is permissible but subject to certain condition. Provided that genuine Tawarruq is permissible than organized Tawarruq in Tawarruq transaction.Keywords: Tawarruq, Murabahah

  13. Argumentation and Multi-Agent Decision Making

    OpenAIRE

    Parsons, S; Jennings, NR

    1998-01-01

    This paper summarises our on-going work on mixed- initiative decision making which extends both classical decision theory and a symbolic theory of decision making based on argumentation to a multi-agent domain.

  14. Designing Argumentation Tools for Collaborative Learning

    NARCIS (Netherlands)

    Kanselaar, G.; Erkens, Gijsbert; Andriessen, Jerry; Prangsma, M.E.; Veerman, A.L.; Jaspers, Jos

    2002-01-01

    The focus of education has shifted towards working actively, constructively and collaboratively, as this is believed to enhance learning. The studies discussed here deals with the influence of different CMC (Computer Mediated Communication) tools on argumentation processes during collaboration. The

  15. Leaping to Conclusions: Why Premise Relevance Affects Argument Strength.

    Science.gov (United States)

    Ransom, Keith J; Perfors, Amy; Navarro, Daniel J

    2016-09-01

    Everyday reasoning requires more evidence than raw data alone can provide. We explore the idea that people can go beyond this data by reasoning about how the data was sampled. This idea is investigated through an examination of premise non-monotonicity, in which adding premises to a category-based argument weakens rather than strengthens it. Relevance theories explain this phenomenon in terms of people's sensitivity to the relationships among premise items. We show that a Bayesian model of category-based induction taking premise sampling assumptions and category similarity into account complements such theories and yields two important predictions: First, that sensitivity to premise relationships can be violated by inducing a weak sampling assumption; and second, that premise monotonicity should be restored as a result. We test these predictions with an experiment that manipulates people's assumptions in this regard, showing that people draw qualitatively different conclusions in each case. Copyright © 2015 Cognitive Science Society, Inc.

  16. Advancing teacher knowledge of effective argumentation pedagogy

    OpenAIRE

    Simon,Shirley; Davies,Paul; Trevethan,Jillian

    2012-01-01

    This paper provides a discussion of the methodological approach to a research project that builds on previous studies of effective argumentation pedagogy undertaken by one of the authors. In this study, teachers from six schools in a city location are taking part in a one-year project to use new web-based professional development materials to advance their practice in using group discussion and argumentation in science. The teachers attend workshops on planning and organising effective group-...

  17. TWO OPERATIONALIZATION PROBLEMS OF "INSTITUTIONAL CAPACITIES" ARGUMENT

    Directory of Open Access Journals (Sweden)

    Fernando Leal

    2016-07-01

    Full Text Available In a previous work, we discuss three uses of argument of "institutional capacity" which, although presented under the same label, are in fact very different things. Are uses of the term – and the typical reference to the seminal article by Cass Sunstein and Adrian Vermeule – in ways we identify as banal, redundant or absurd. Although they can generate valid arguments under any criteria, such use may not be reappointed to what these authors call the analysis of "institutional capacity". In this brief theoretical essay, we set out the considerations outlined above to try to achieve a distinct and complementary objective: what happens when trying to actually use the argument as described by Sunstein & Vermeule? Let's point out and discuss two challenges for the effective operationalization of the argument of “institutional capacity”. First, what we call the information problem, which is connected to the role that empirical inputs play in this kind of arguments. Second, the compliance problem, as such arguments end up placing excessive requirements on real-world decision-makers.

  18. Liberalism, legal moralism and moral disagreement.

    Science.gov (United States)

    Kuflik, Arthur

    2005-01-01

    According to "legal moralism" it is part of law's proper role to "enforce morality as such". I explore the idea that legal moralism runs afoul of morality itself: there are good moral reasons not to require by law all that there is nevertheless good moral reason to do. I suggest that many such reasons have broad common-sense appeal and could be appreciated even in a society in which everyone completely agreed about what morality requires. But I also critique legal moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections. When it comes to working out the most basic terms of their political association, citizens are expected to address one another within the limits of what Rawls has called "public reason". Critics of liberalism claim that this is an essentially a-moral (or expedient) attempt to evade substantive moral issues--such as the moral status of the fetus. I argue, on the contrary, that liberalism's emphasis on public reason is itself grounded in very deep--though (suitably) "non-comprehensive"--moral considerations.

  19. The Effect of Task Instructions on Students' Use of Repetition in Argumentative Discourse

    Science.gov (United States)

    Gilabert, Sandra; Garcia-Mila, Merce; Felton, Mark K.

    2013-11-01

    The reasoning belief of argumentum ad nauseam assumes that when someone repeats something often enough, he or she becomes more convincing. The present paper analyses the use of this strategy by seventh-grade students in an argumentation task. Sixty-five students (mean age: 12.2, SD = 0.4) from a public school in a mid-sized urban environment took part in the study. The students were asked to either argue to convince an opposing partner or argue to reach consensus with an opposing partner on three dilemmas that dealt with energy sources. Data were gathered according to a between-groups design that included one independent variable (argumentative goal: to convince vs. to reach consensus) and one dependent variable (the degree of argumentative repetitions). We predicted that in the condition to convince their partner, the students would use the repetition strategy more often in their attempts to be persuasive. Our findings show that the mean number of argumentative repetitions was significantly higher for the persuasion group for both of the most frequent argumentative structures (claim and claim data). The mean percentage of repeated claims for the persuasion condition was 86.2 vs. 69.0 for the consensus condition. For the claim data, the mean percentage for the persuasion group was 35.2 vs. 24.3 for the consensus group. Also, students in the persuasion group tended to repeat one idea many times rather than repeating many ideas a few times within the same argumentative structure. The results of our study support the hypothesis that the goal of the argumentative task mediates argumentative discourse and, more concretely, the rate of repetitions and the conceptual diversity of the statements. These differences in rates of repetition and conceptual diversity are related to the amount of learning produced by the instructional goal. We apply Mercer's idea that not all classroom argumentation tasks promote learning equally.

  20. PRINCÍPIO DA LEGALIDADE PENAL COMO DIREITO HUMANO FUNDAMENTAL PRINCIPLE OF CRIMINAL LEGALITY AS A FUNDAMENTAL HUMAN RIGHT

    Directory of Open Access Journals (Sweden)

    HENRIQUE HOFFMANN MONTEIRO DE CASTRO

    2012-12-01

    Full Text Available Resumo: O presente trabalho tem como desiderato debater o princípio da legalidade no âmbito do Direito Penal, postulado que se qualifica como direito humano fundamental. Isso porque a legalidade penal reveste-se de caráter garantidor do cidadão, possuindo caráter basilar em qualquer Estado que se pretenda Democrático de Direito, traduzindo ponto nevrálgico dos ordenamentos jurídicos que se fundem na justiça e na racionalidade. Como é indubitável que o princípio da legalidade afigura-se como garantia individual de cunho constitucional, sua análise é imprescindível para a compreensão do Direito Penal em uma visão principiológica. Para tanto, perquire-se sobre o caráter principiológico da legalidade, realiza-se reflexão sobre a íntima relação entre legalidade e Estado Democrático de Direito, perscruta-se acerca da origem histórica e do conteúdo da cláusula de legalidade, raciocina-se sobre os desdobramentos do referido postulado, são formuladas ideias sobre os mandados de criminalização, desenvolvem-se argumentos em torno de polêmicas questões que envolvem a legalidade penal e, finalmente, alguns arremates acerca do tema são realizados.Abstract: This work aims to discuss the principle of legality in criminal law, principle qualified as a fundamental human right. The criminal legality is a natural guarantee of citizens, having basic character in any state that pretends itself democratic, reflecting main feature of the legal systems based on justice and rationality. As it is clear that the principle of legality seems to be a constitutional guarantee of individual, its analysis is essential for understanding a principled view of the criminal law. To do so, it perquires about the character of legality, reflects on the intimate relationship between legality and democratic state, peers up about the historical origin and content of the clause of legality, reasons about the consequences of this postulate, formulates ideas

  1. Exposing Errors and Removing Errors: Pushing the Boundaries in Legal English

    Directory of Open Access Journals (Sweden)

    Christopher Williams

    2017-04-01

    Full Text Available As is well known, the language of the law tends to be relatively conservative in its style when compared with most other varieties of language. However, in recent decades we have witnessed a minor revolution in the way legal English has developed, largely as a result of pressures from the Plain language movement. An encrusted style of writing which had predominated for centuries is being overhauled, at least in the sphere of legislative texts, in an ongoing process which is transforming ‘legalese’ into standard formal English. As with any development involving change, there are detractors on the one hand and enthusiasts on the other. Referring to the benefits of drafting in plain language, Butt and Castle (2001: 89 affirm that “Errors are harder to find in dense and convoluted prose. Removing legalese helps lay bare any oversights in the original.” Central to the philosophy of plain language is the idea that a legally binding text should be understandable to laypersons. Inevitably, such a view clashes with the reasoning of many ‘traditionalist’ legal practitioners who argue that the main purpose of a legally binding text is that it should be able to withstand scrutiny from experts and perform the task it was meant to undertake, irrespective of whether it may be intelligible to a layperson. In this paper I will highlight some of the main arguments for and against this fundamental question of whether a legally binding text should be written with a non-expert readership in mind, focusing on the concept of ‘error’ which, from the perspective of the more traditionalist members of the law community, concerns the newly adopted terms or expressions introduced, in many cases, for the benefit of laypersons, whereas from the perspective of plain language proponents, the ‘error’ is to be found in the older style of ‘legalese’ which abounded until fairly recently making legal texts incomprehensible to most citizens and which has now

  2. Philosophy of teaching: When win-argument pedagogy is a loss for the composition classroom

    Directory of Open Access Journals (Sweden)

    Wendy LEE GROSSKOPF

    2015-06-01

    Full Text Available Despite the effort educators put into developing in students the critical writing and thinking skills needed to compose effective arguments, undergraduate college students are often accused of churning out essays lacking in creative and critical thought, arguments too obviously formulated and with sides too sharply drawn. Theories abound as to why these deficiencies are ram‑ pant. Some blame students’ immature cognitive and emotional development for these lacks. Others put the blame of lackadaisical output on the assigning of shopworn writing subjects, assigned topics such as on American laws and attitudes about capital punishment and abortion. Although these factors might contribute to faulty written output in some cases, the prevailing hindrance is our very pedagogy, a system in which students are rewarded for composing the very type of argument we wish to avoid — the eristic, in which the goal is not truth seeking, but successfully disputing another’s argument. Certainly the eristic argument is the intended solution in cases when a clear‑cut outcome is needed, such as in legal battles and political campaigns when there can only be one winner. However, teaching mainly or exclusively the eristic, as is done in most composition classrooms today, halts the advancement of these higher‑order inquiry skills we try developing in our students.

  3. Law-based arguments and messages to advocate for later school start time policies in the United States.

    Science.gov (United States)

    Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent

    2017-12-01

    The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how law-based arguments and messages can be constructed and applied to advocate for later school start time policies in US public secondary schools. The legal infrastructure impacting school start time policies in the United States is briefly reviewed, including descriptions of how government regulates education, what legal obligations school officials have concerning their students' welfare, and what laws and public policies currently exist that address adolescent sleep health and safety. On the basis of this legal infrastructure, some hypothetical examples of law-based arguments and messages that could be applied to various types of advocacy activities (eg, litigation, legislative and administrative advocacy, media and public outreach) to promote later school start times are discussed. Particular consideration is given to hypothetical arguments and messages aimed at emphasizing the consistency of later school start time policies with existing child welfare law and practices, legal responsibilities of school officials and governmental authorities, and societal values and norms. Copyright © 2017 National Sleep Foundation. Published by Elsevier Inc. All rights reserved.

  4. Enhancing and Evaluating Scientific Argumentation in the Inquiryoriented College Chemistry Classroom

    Science.gov (United States)

    D'Souza, Annabel Nica

    The research presented in chapters 2, 3, and 4 in this dissertation uses a sociocultural and sociohistorical lens, particularly around power, authority of knowledge and identity formation, to investigate the complexity of engaging in, supporting, and evaluating high-quality argumentation within a college biochemistry inquiry-oriented classroom. Argumentation skills are essential to college and career (National Research Council, 2010) and for a democratic citizenry. It is central to science teaching and learning (Osborne et al., 2004a) and can deepen content knowledge (Jimenez-Aleixandre et al., 2000; Jimenez-Aleixandre & Pereiro-Munhoz, 2002). When students have opportunities to make claims and support it with evidence and reasoning they may also increase their problem-solving and critical thinking capacity (Case, 2005; Willingham, 2007). Overall, this has implications in supporting students to become increasingly literate in scientific ideas, language, and practices. However, supporting argumentation can be challenging for instructors, particularly in designing leaning environments that facilitate and evaluate both the process and the product during student discussions (Duschl & Osborne, 2002). Fostering argumentation is complex and requires explicit modeling and multiple opportunities for dialogic interactions. This dissertation will examine how several facets influence argumentation in order to support instructors in implementing and improving argumentation in their inquiry-oriented classrooms. These facets include access to language and use of discursive moves, classroom design, curriculum and instructional activities, and interactional dynamics and power negotiation. The data set for this dissertation is a transcript generated from the audio- and video capture of a 7-minute student discussion around a mechanism in the TCA (TriCarboxylic Acid) cycle, as well as student writing, and course documents from student portfolios. This dissertation, organized using the

  5. Denial of abortion in legal settings.

    Science.gov (United States)

    Gerdts, Caitlin; DePiñeres, Teresa; Hajri, Selma; Harries, Jane; Hossain, Altaf; Puri, Mahesh; Vohra, Divya; Foster, Diana Greene

    2015-07-01

    Factors such as poverty, stigma, lack of knowledge about the legal status of abortion, and geographical distance from a provider may prevent women from accessing safe abortion services, even where abortion is legal. Data on the consequences of abortion denial outside of the US, however, are scarce. In this article we present data from studies among women seeking legal abortion services in four countries (Colombia, Nepal, South Africa and Tunisia) to assess sociodemographic characteristics of legal abortion seekers, as well as the frequency and reasons that women are denied abortion care. The proportion of women denied abortion services and the reasons for which they were denied varied widely by country. In Colombia, 2% of women surveyed did not receive the abortions they were seeking; in South Africa, 45% of women did not receive abortions on the day they were seeking abortion services. In both Tunisia and Nepal, 26% of women were denied their wanted abortions. The denial of legal abortion services may have serious consequences for women's health and wellbeing. Additional evidence on the risk factors for presenting later in pregnancy, predictors of seeking unsafe illegal abortion, and the health consequences of illegal abortion and childbirth after an unwanted pregnancy is needed. Such data would assist the development of programmes and policies aimed at increasing access to and utilisation of safe abortion services where abortion is legal, and harm reduction models for women who are unable to access legal abortion services. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  6. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    presentation, I will focus on how the group included legal matters in the new letters, and how the pilot project group involved legal advice in their considerations. I will also discuss how and when to introduce legal advice in the letter editing process, drawing on the experiences of the group members......, interviewing central participants in the pilot project, and by carrying out a small questionnaire based survey and a series of interviews with members of the letters’ target group. One of the most prevalent challenges addressed by the group was how to make sure to address legal matters properly. In my...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  7. Fostering argumentation-based computer-supported collaborative learning in higher education

    NARCIS (Netherlands)

    Noroozi, O.

    2013-01-01

    cum laude graduation (with distinction). In collaborative settings, students of all ages need to learn to clearly explain their informed opinions and give reasons for the way in which they carry out tasks and solve problems. Engaging students in collaborative discussion and argumentation is an

  8. Sense-making software for crime investigation : how to combine stories and arguments?

    NARCIS (Netherlands)

    Bex, F.; Braak, S.W. van den; Oostendorp, H. van; Prakken, H.; Verheij, B.; Vreeswijk, G.A.W.

    2007-01-01

    Sense-making software for crime investigation should be based on a model of reasoning about evidence that is both natural and rationally well-founded. A formal model is proposed that combines AI formalisms for abductive inference to the best explanation and for defeasible argumentation. Stories

  9. The Role of Persuasive Arguments in Changing Affirmative Action Attitudes and Expressed Behavior in Higher Education

    Science.gov (United States)

    White, Fiona A.; Charles, Margaret A.; Nelson, Jacqueline K.

    2008-01-01

    The research reported in this article examined the conditions under which persuasive arguments are most effective in changing university students' attitudes and expressed behavior with respect to affirmative action (AA). The conceptual framework was a model that integrated the theory of reasoned action and the elaboration likelihood model of…

  10. Group Emotions: The Social and Cognitive Functions of Emotions in Argumentation

    Science.gov (United States)

    Polo, Claire; Lund, Kristine; Plantin, Christian; Niccolai, Gerald P.

    2016-01-01

    The learning sciences of today recognize the tri-dimensional nature of learning as involving cognitive, social and emotional phenomena. However, many computer-supported argumentation systems still fail in addressing the socio-emotional aspects of group reasoning, perhaps due to a lack of an integrated theoretical vision of how these three…

  11. Opposition to legal abortion: challenges and questions.

    Science.gov (United States)

    Kissling, F

    1993-01-01

    An analysis of the Roman Catholic Church's arguments against abortion rights suggests that its opposition is grounded more in outmoded views regarding women's roles than in concern for protecting fetal life. The 1st argument raised by Catholics and other anti-abortion forces is that abortion represents the unjustifiable destruction of a human life. A 2nd argument focuses on the status of the fetus as a person from the moment of conception, making abortion murder. A 3rd equates the fetus's potential for personhood with the pregnant woman's actual personhood. Despite the vehement sentiments expressed by Catholic leaders against abortion, the majority of Catholics support legal abortion. The assignment of personhood status to the fetus is contraindicated by actual practice in the Church, where aborted or miscarried products of early pregnancy are not baptized. Also, the Church does not forbid the taking of human life in war or to preserve political freedom. Finally, in countries such as Poland where abortion has been made illegal through religious pressure, there have been drastic cuts in health care and child care programs.

  12. Ethical issues in medico-legal exposures

    International Nuclear Information System (INIS)

    O'Reilly, G.; Malone, J. F.

    2008-01-01

    The Medical Exposure Directive (MED) 97/43/Euratom defines medico-legal procedures as 'procedures performed for insurance or legal purposes without a medical indication'. The term 'medico-legal exposures' covers a wide range of possible types of exposures, very different in nature, for which the only feature in common is the fact that the main reason for performing them does not relate directly to the health of the individual being exposed to ionising radiation. The key issue in medico-legal exposures is justification. Balancing the advantages and disadvantages of such exposures is complex because not only can these be difficult to quantify and hence compare, but often the advantage may be to society whereas the disadvantage is usually to an individual. This adds an additional layer of ethical complexity to the problem and one, which requires input from a number of sources beyond the established radiation protection community. Because medico-legal exposures are considered to be medical exposures, they are not subject to dose limits. In medico-legal exposures where the benefit is not necessarily to the individual undergoing the exposure, the question must be asked as to whether or not this is an appropriate framework within which to conduct such exposures. This paper looks at the current situation in Europe, highlighting some of the particular problems that have arisen, and tries to identify the areas, which require further clarification and guidance. (authors)

  13. A Legal Case OWL Ontology with an Instantiation of Popov v. Hayashi

    NARCIS (Netherlands)

    Wyner, A.Z.; Hoekstra, R.J.

    2012-01-01

    The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to

  14. A legal case OWL ontology with an instantiation of Popov v. Hayashi

    NARCIS (Netherlands)

    Wyner, A.; Hoekstra, R.

    2012-01-01

    The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to

  15. Is Europe 'giving in to baby markets?' Reproductive tourism in Europe and the gradual erosion of existing legal limits to reproductive markets.

    Science.gov (United States)

    Van Beers, Britta C

    2015-01-01

    The main question in this article is how national legal orders in Europe, given their often restrictive laws on reproductive markets and assisted reproductive technologies (ARTs), are currently responding and should respond to reproductive tourism, in light of the fact that access to foreign reproductive markets seems to be making these national laws 'merely symbolic'. Although many national governments have finally managed after many years of political and legal struggles to establish a carefully balanced legal framework for the regulation of these often ethically and religiously sensitive matters, ironically reproductive travel seems to be turning national reproductive laws into a dead letter. Currently, as a reaction to these developments, new legal strategies are being proposed and explored. Within the European context, the view is gaining ground that laws that curb international reproductive markets and their accompanying streams of fertility tourism have become ineffective, meaningless, and even harmful. As a result, a certain tendency towards tolerance of reproductive markets and reproductive travel can be detected in both politics and academia. According to this line of reasoning, restrictive and prohibitive legislation should be replaced by more pragmatic policies that take the realities of reproductive markets as a starting point. From this perspective, the legal restrictions within the country of origin, rather than the lack of regulation in the country of destination, should be regarded as the core of the problem. As a result, an increasing number of scholars and policy makers are arguing for more lenient national policies towards ARTs, hoping to thereby remove the main incentive for aspiring parents to resort to foreign reproductive services. This emerging pragmatic strategy of tolerance towards reproductive tourism and international reproductive markets rests on three arguments, which are each critically examined in this article. Although these

  16. A Kantian argument against comparatively advantageous genetic modification.

    Science.gov (United States)

    Jensen, David

    2011-08-01

    The genetic modification of children is becoming a more likely possibility given our rapid progress in medical technologies. I argue, from a broadly Kantian point of view, that at least one kind of such modification-modification by a parent for the sake of a child's comparative advantage-is not rationally justified. To argue this, I first characterize a necessary condition on reasons and rational justification: what is a reason for an agent to do an action in one set of circumstances must be a reason for any in those circumstances to do the action. I then show that comparatively advantageous genetic modification violates this principle since a child's "getting ahead" through genetic modification cannot be rationally justified unless other children also could receive the modification, thus rendering the advantage useless. Finally, I consider the major objection to this it seems to disallow all cases of a parent's helping a child get ahead, something that parents normally engage in with their children. I argue that typical practices of developing a comparative advantage in a child, as well as practices of societal competition in general, do not conflict because they involve circumstances that mitigate the universal character of reasons. Many ordinary cases of competitive advantage that we think of as unjust, in fact, can be explained by my argument.

  17. Quality of Undergraduate Physics Students' Written Scientific Arguments: How to Promote Students' Appropriation of Scientific Discourse in Physics Laboratory Reports?

    Science.gov (United States)

    Aydeniz, Mehmet; Yeter-Aydeniz, Kubra

    2015-03-01

    In this study we challenged 18 undergraduate physics students to develop four written scientific arguments across four physics labs: 1) gravity-driven acceleration, 2) conservation of mechanical energy, 3) conservation of linear momentum and 4) boyle's law, in a mechanics and thermodynamics laboratory course. We evaluated quality of the written scientific arguments developed by the participants using the Claim, Evidence, Reasoning and Rebuttal (CERR) rubric. The results indicate that while students developed adequate scientific explanations that summarized the findings of their experiments, they experienced unique difficulties in using a persuasive and critical discourse in their written arguments. Students experienced the most difficulty in considering alternative explanations in formulating their written scientific arguments. We elaborate on the implications of these findings for teaching physics laboratories and assessing students' learning in physics laboratories. We especially focus on the importance of framing in helping students to appropriate the epistemic norms of science in writing scientific arguments.

  18. The Topic Reasoning and The Ipva on Aircraft and Vessels

    Directory of Open Access Journals (Sweden)

    Henrique Silva de Oliveira

    2016-11-01

    Full Text Available Inspired on Paulo Mendonça and based on argumentative types in Perelman and Olbrechts- Tyteca, this article studies practices surrounding legal debate on collection of property tax on aircraft and vessels. It examines arguments in the vicinity of the non-levy of the tax. It analyzes one topoi of tax practioners: “the Constitution does not create taxes”. Applying the studies  on  the  use  of  “motor  vehicles”  expression  by  STF,  it  examines  how  the  pre- constitutional context contributed to the delimitation of tax jurisdiction in IPVA institution. It compares the lines of argument taken by the leadership of the Judiciary and the Legislature of Brazil.

  19. Process of Argumentation in High School Biology Class: A Qualitative Analysis

    Science.gov (United States)

    Ramli, M.; Rakhmawati, E.; Hendarto, P.; Winarni

    2017-02-01

    Argumentation skill can be nurtured by designing a lesson in which students are provided with the opportunity to argue. This research aims to analyse argumentation process in biology class. The participants were students of three biology classes from different high schools in Surakarta Indonesia. One of the classroom was taught by a student teacher, and the rest were instructed by the assigned teachers. Through a classroom observation, oral activities were noted, audio-recorded and video-taped. Coding was done based on the existence of claiming-reasoning-evidence (CRE) process by McNeill and Krajcik. Data was analysed qualitatively focusing on the role of teachers to initiate questioning to support argumentation process. The lesson design of three were also analysed. The result shows that pedagogical skill of teachers to support argumentation process, such as skill to ask, answer, and respond to students’ question and statements need to be trained intensively. Most of the argumentation found were only claiming, without reasoning and evidence. Teachers have to change the routine of mostly posing open-ended questions to students, and giving directly a correct answer to students’ questions. Knowledge and skills to encourage student to follow inquiry-based learning have to be acquired by teachers.

  20. Society as a crime victim of legal entities

    Directory of Open Access Journals (Sweden)

    Tanjević Nataša

    2011-01-01

    Full Text Available Tortious acts of legal entities have unforeseen harmful consequences in all areas. In the greedy desire to gain profit, certain legal entities do not have any regard for the most important resources of individuals and society. Damage resulting from the commission of criminal acts is very high for the whole society, especially when it comes to crimes against the environment. In order to prevent and combat corporate crime in criminal law, an increasingly wider acceptance of criminal liability of legal entities was adopted. This paper discusses the basic characteristics of corporate crime, as well as the reasons for the introduction of the criminal responsibility of legal entities. In this regard, we analyzed the law provisions regarding the liability of legal entities for criminal offenses, and concluded that despite the criminal-political need to react with more serious sanctions to the offenses of legal entities, there are certain obstacles and problems that stand in the way of introducing this responsibility.

  1. L'argumentation ecrite pas a pas (Written Argumentation Step by Step).

    Science.gov (United States)

    Colombier, Pierre

    1988-01-01

    Outlines a series of progressive exercises designed to train students in written persuasive discourse in French. The technique involves observation of advertising, study of premises, arguments, and conclusions, pragmatic text analysis, training in logical construction, and development of argumentative strategies. (MSE)

  2. Four arguments in favour of nuclear power

    International Nuclear Information System (INIS)

    Pearce, D.

    1994-01-01

    The first argument in favour of nuclear power is scarcity of energy supplies. In about 40 years time, the world will face shortages of natural gas, oil and uranium. Recoverable reserves of coal are very great, but coal creates the highest environmental damage. A balanced portfolio is the second argument. If all energy sources are potentially scarce, then all energy sources must be developed, subject to environmental impact. This leads to the third argument in support of nuclear power, its expansion would contribute to combating the risk of global warming as indeed would the expansion of renewable sources and other low carbon technologies. Fourthly, nuclear power can make a significant contribution to the control of acidic emissions. While nuclear power is not without its own problems of risk, liability and public acceptance, it has some clear advantages over other fuels. It has, at the very least, to be a substantial part of the transitional phase towards a renewable energy world. (UK)

  3. Animal mind and the argument from design.

    Science.gov (United States)

    Blumberg, M S; Wasserman, E A

    1995-03-01

    The argument from design has played an important role in the history of philosophy and biology. Paley, the 19th-century theologian, was struck by the bodily complexity and adaptive fit of animals to their environments; he used the argument from design to prove the existence of God. Darwin, however, provided the natural evolutionary mechanisms that eliminated the need for positing a divine creator to explain the structure of animals; he was thus able to treat the historical problem of organic evolution by providing a historical solution. Today, some students of behavior are similarly struck by the complexity of animals' actions and their adaptive fit to the environment. Like Paley, they use the argument from design, but to prove the existence of a conscious designer inside the head of the animal--the mind. This mentalistic approach suffers from many of the philosophical and empirical problems that plagued similar efforts in the past.

  4. [Obesity: argument for withholding fertility treatment?].

    Science.gov (United States)

    Koning, Aafke M H; Mol, Ben Willem; Dondorp, Wybo J

    2014-01-01

    Obesity can lead to anovulation and subfertility. Around the world fertility treatment is withheld from women above a certain BMI, ranging from 25 to 40 kg/m2. The proponents of this policy use three different arguments to justify their restrictions: risks to the woman, health and wellbeing of the future child, and importance for society. In this article we critically appraise these arguments. In conclusion, we think obese women should be informed about the consequences of their weight on fertility and pregnancy complications and encouraged to lose weight. If, however, a woman is unable to lose weight despite effort, we feel there is no argument to withhold treatment from her. This would be unjustified with respect to the treatment of other women with a high risk of complications.

  5. Truth Matters: Teaching Young Students to Search for the Most Reasonable Answer

    Science.gov (United States)

    Reznitskaya, Alina; Wilkinson, Ian A. G.

    2018-01-01

    Learning how to formulate, comprehend, and evaluate arguments is an essential part of helping students develop the ability to make better, more reasonable judgments. The Common Core identified argumentation as a fundamental life skill that is broadly important for the literate person. According to the authors, having students engage in an inquiry…

  6. Playing Games in Logic and Reasoning in Liberal Arts Mathematics and Getting Students' Work Published

    Science.gov (United States)

    Garrison, Laura A.

    2005-01-01

    This paper describes two classroom activities and a project that supplement a Liberal Arts Mathematics course's coverage of logic and reasoning. The first classroom activity introduces the writing of inductive and deductive arguments, and the second activity involves analyzing a guest speaker's arguments. The project consists of using logic and…

  7. Method to translate human feelings into arguments

    International Nuclear Information System (INIS)

    Hans, Arnold

    1995-01-01

    Taking as an example the status of nuclear power in Netherlands, it was shown that there is an emotional approach on the part of supporters and opponents, not open to rational argument, objective information of no avail, lack of public support (80% against), Government undecided. It was concluded that nuclear energy is a deep-rooted emotional conflict, and that the prospects of altering the situation are bleak. Proposed arguments for changeover in favor of nuclear energy are: electricity is a necessity, it is economical, safety is guaranteed, it protects the environment and conserves other resources

  8. Argumentative Polylogues: Beyond Dialectical Understanding of Fallacies

    Directory of Open Access Journals (Sweden)

    Lewiński Marcin

    2014-03-01

    Full Text Available Dialectical fallacies are typically defined as breaches of the rules of a regulated discussion between two participants (di-logue. What if discussions become more complex and involve multiple parties with distinct positions to argue for (poly-logues? Are there distinct argumentation norms of polylogues? If so, can their violations be conceptualized as polylogical fallacies? I will argue for such an approach and analyze two candidates for argumentative breaches of multi-party rationality: false dilemma and collateral straw man.

  9. Non-Discriminating Arguments and Their Uses

    DEFF Research Database (Denmark)

    Christiansen, Henning; Gallagher, John Patrick

    2009-01-01

    by an automatic analysis. Following this, we define a transformation procedure, called discriminator slicing, that removes the non-discriminating arguments, resulting in a program whose computation trees are isomorphic to those of the original program.  Finally, we show how the results of the original program can...... be reconstructed from trace of the transformed program with the original arguments.   Thus the overall result is a two-stage execution of a program, which can be applied usefully in several contexts;  we describe a case study in optimising computations in the probabilistic logic program language PRISM, and discuss...

  10. An Epistemic Argument in Support of Liberal Neutrality

    Directory of Open Access Journals (Sweden)

    Mariano Garreta Leclercq

    2009-06-01

    Full Text Available My aim in the present paper is to develop a new kind of argument in support of the ideal of liberal neutrality. This argument combines some basic moral principles with a thesis about the relationship between the correct standards of justification for a belief/action and certain contextual factors. The idea is that the level of importance of what is at stake in a specific context of action determines how demanding the correct standards to justify an action based on a specific set of beliefs ought to be. In certain exceptional contexts –where the seriousness of harm in case of mistake and the level of an agent’s responsibility for the outcome of his action are specially high– a very small probability of making a mistake should be recognized as a good reason to avoid to act based on beliefs that we nonetheless affirm with a high degree of confidence and that actually justify our action in other contexts. The further steps of the argument consist in probing 1 that the fundamental state’s policies are such a case of exceptional context, 2 that perfectionist policies are the type of actions we should avoid, and 3 that policies that satisfy neutral standards of justification are not affected by the reasons which lead to reject perfectionist policies. L’objectif de cet article est de développer un nouveau type d’argument en faveur de l’idéal la neutralité libérale. Cet argument combine des principes moraux de base à une thèse concernant le rapport entre, d’une part, les standards de justification corrects d’une croyance/action et, d’autre part, certains facteurs contextuels. L’idée de fond est que l’importance de ce dont il est question dans un contexte spécifique d’actions détermine le niveau d’exigence des standards de justification pour une action basée sur un ensemble spécifique de croyances. Dans certains contextes exceptionnels – où l’importance du tort causé en cas d’erreur est grande et où le

  11. Writing audit findings: Be reasonable!

    Energy Technology Data Exchange (ETDEWEB)

    Girvin, N.W.

    1992-05-01

    A customary approach to auditing and reporting deficiencies is to keep a running list of those that are found, evaluate the severity of each, and based on the evidence, document findings or observations or concerns in an audit report. The report is issued and the auditee is normally requested to address ``root cause`` as part of their corrective action. This paper describes a ``root problems`` approach to documenting audit findings that is designed not only to put the QA auditor in a more favorable light, but to more effectively enable the auditee to identify root cause and meaningful corrective action. The positive results of this approach are considerable. You will have fewer findings but those you do have will be substantial. You will cite requirements that sound reasonable and make arguments difficult. If some of the supporting deficiencies (examples) prove to be incorrect, you will still have ample support for the original finding. You will be seen as reasonable individual who can help lead the auditee towards identification of root cause without taking away part of the responsibility. You even have a fair chance of fostering a sense of commitment to quality improvement on the auditee`s part. This in itself, is its own reward.

  12. Writing audit findings: Be reasonable

    Energy Technology Data Exchange (ETDEWEB)

    Girvin, N.W.

    1992-05-01

    A customary approach to auditing and reporting deficiencies is to keep a running list of those that are found, evaluate the severity of each, and based on the evidence, document findings or observations or concerns in an audit report. The report is issued and the auditee is normally requested to address root cause'' as part of their corrective action. This paper describes a root problems'' approach to documenting audit findings that is designed not only to put the QA auditor in a more favorable light, but to more effectively enable the auditee to identify root cause and meaningful corrective action. The positive results of this approach are considerable. You will have fewer findings but those you do have will be substantial. You will cite requirements that sound reasonable and make arguments difficult. If some of the supporting deficiencies (examples) prove to be incorrect, you will still have ample support for the original finding. You will be seen as reasonable individual who can help lead the auditee towards identification of root cause without taking away part of the responsibility. You even have a fair chance of fostering a sense of commitment to quality improvement on the auditee's part. This in itself, is its own reward.

  13. Whistleblowing: a legal commentary.

    Science.gov (United States)

    Cornock, Marc

    2011-10-01

    This article examines the legal position of a nurse who believes that a colleague is performing below the level of competence required, witnesses inappropriate action by a colleague, or who believes that the care environment is putting patients at risk.

  14. Calibrating Legal Judgments

    OpenAIRE

    Frederick Schauer; Barbara A. Spellman

    2017-01-01

    Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociolog...

  15. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  16. "Overcrowding the Profession" – an Artificial Argument?

    OpenAIRE

    Eyal Katvan

    2013-01-01

    It has been claimed that Israel has the highest per capital rate of lawyers in the world, resulting in belief that the Israel Bar is overpopulated. The first law colleges, which were established 20 years ago, are newcomers to the production of legal professions. The leadership of the Israel Bar have held the law colleges responsible for Israel’s overpopulation of lawyers and for the legal profession’s decline in prestige. This paper examines whether the perception of overcrowding ...

  17. Perceptions of the Qualities of Written Arguments by Japanese Students

    OpenAIRE

    Suzuki, Shinobu

    2011-01-01

    This study examines how Japanese students perceive the qualities of written arguments that were constructed to have different forms. Based on the theoretical dimensions of verbal communication styles that Gudykunst and Ting-Toomey proposed, the research questions asked whether the respondents would perceive direct arguments to be of higher quality than indirect arguments. They also asked whether they would perceive elaborate arguments to be of higher quality than succinct arguments. Japanese ...

  18. What are the odds? Random drug testing of students: a legal perspective.

    Science.gov (United States)

    Roach, Charles A

    2005-06-01

    Companion articles explore random drug testing programs in schools. The first article addresses random drug testing of students from a legal perspective. It describes legal issues and current case law regarding drug testing programs in schools and commonly asked questions regarding these programs. The second article addresses random drug testing of students from a practice perspective. It explores arguments for and against random drug testing programs and the role of the school nurse in policy and procedure development.

  19. Argumentative Strategies in American and Japanese English.

    Science.gov (United States)

    Kamimura, Taeko; Oi, Kyoko

    1998-01-01

    A study examined differences in argumentative strategies in Japanese and American English by analyzing English essays on capital punishment written by 22 American high school seniors and 30 Japanese college sophomores. Differences were found in the organizational patterns, content and use of rational appeals, preference for type of diction, and…

  20. Verbal directionality and argument alternation in Dinka

    DEFF Research Database (Denmark)

    Andersen, Torben

    2012-01-01

    (wards) an explicit or implicit goal. The object of a directional verb may play another role in the event described by the sentence than the object of the corresponding simple (and non-directional) verb. This gives rise to so-called argument alternation, in that, for instance, an object and an instrumental adverbial...

  1. Det demokratiske argument for absolut ytringsfrihed

    DEFF Research Database (Denmark)

    Lægaard, Sune

    2014-01-01

    Artiklen diskuterer den påstand, at absolut ytringsfrihed er en nødvendig forudsætning for demokratisk legitimitet med udgangspunkt i en rekonstruktion af et argument fremsat af Ronald Dworkin. Spørgsmålet er, hvorfor ytringsfrihed skulle være en forudsætning for demokratisk legitimitet, og hvorf...

  2. The argumentative impact of causal relations

    DEFF Research Database (Denmark)

    Nielsen, Anne Ellerup

    1996-01-01

    such as causality, explanation and justification. In certain types of discourse, causal relations also imply an intentional element. This paper describes the way in which the semantic and pragmatic functions of causal markers can be accounted for in terms of linguistic and rhetorical theories of argumentation....

  3. Modelling verb selection within argument structure constructions

    NARCIS (Netherlands)

    Matusevych, Yevgen; Alishahi, Afra; Backus, Albert

    2017-01-01

    This article looks into the nature of cognitive associations between verbs and argument structure constructions (ASCs). Existing research has shown that distributional and semantic factors affect speakers' choice of verbs in ASCs. A formal account of this theory has been proposed by Ellis,

  4. The simplest formal argument for fitness optimization

    Indian Academy of Sciences (India)

    2008-12-23

    Dec 23, 2008 ... The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those ...

  5. Communication of geo-scientific safety arguments

    International Nuclear Information System (INIS)

    Flavelle, P.; Goodwin, B.; Jensen, M.; Linden, R.; Mazurek, M.; Srivastave, M.; Strom, A.; Sudicky, E.; Voinis, S.

    2007-01-01

    Working Group B addressed the communication of geo-scientific safety arguments through a discussion of practical experience as it related to the methods, types of information and specific arguments found to best communicate geo-scientific concepts and notions of safety with broad audiences including, colleagues, authorities and regulators, political decision makers, academics, and the general public. The following questions were suggested by the programme committee of the AMIGO-2 workshop for discussion by Working Group B with respect to the communication of geo-scientific information and safety arguments: - What is the place of geo-scientific arguments in relation to quantitative and qualitative topics like scenario and FEPs (features, events, processes) assessment, simulated repository evolution, calculated dose or risk impacts, engineering tests of materials, etc., when presenting a safety case to different audiences and with respect to the various stages of the repository programme? (see section 3). - Would we be better off focusing messages to the public on time scales of a few hundred years or a few generations? (see section 4). - How do you handle the fact that geoscience interpretations seldom are unique and data often are open to various interpretations? (see section 5). - How do you handle expert controversy on a specific topic? (see section 6). (authors)

  6. On the First Anthropic Argument in Astrobiology

    OpenAIRE

    Cirkovic, Milan M.

    2003-01-01

    We consider the little-known anthropic argument of Fontenelle dealing with the nature of cometary orbits, given a year before the publication of Newton's Principia. This is particularly interesting in view of the rapid development of the recently resurgent theories of cometary catastrophism and their role in the modern astrobiological debates, for instance in the "rare Earth" hypothesis of Ward and Brownlee.

  7. The simplest formal argument for fitness optimization

    Indian Academy of Sciences (India)

    The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those biologists who believe ...

  8. Contesting Pornography: Terministic Catharsis and Definitional Argument.

    Science.gov (United States)

    Palczewski, Catherine Helen

    2001-01-01

    Focuses on the debates over the MacKinnon-Dworkin Anti-Pornography Ordinance to explore one instance of definitional argument: the attempt to effect a redefinition. Argues that advocates for a definitional shift created the possibility for a "terministic catharsis" by simultaneously locating pornography in multiple locations on the pentad,…

  9. Legal nature of affatomia

    Directory of Open Access Journals (Sweden)

    Stanković Miloš

    2015-01-01

    Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

  10. Exploring local plausible reasoning: the case of inequality tasks

    Science.gov (United States)

    Rofiki, I.; Nusantara, T.; Subanji; Chandra, T. D.

    2017-12-01

    This study explores local plausible reasoning in solving inequality tasks. The study was conducted to 78 students of mathematics education major from a university in Surabaya, Indonesia. Data were collected through written tasks and interviews. The data were analysed by a constant comparative method. The results of the study were the characteristics of local plausible reasoning shown by these behaviours: (1) students applied plausible reasoning in the local part of task solving or (2) students involved a conceptual understanding or a relational understanding in a few part of entirely argumentations. Educators can overcome the students’ behaviours by designing a meaningful learning strategy which develops students’ plausible reasoning in the whole of task solving.

  11. Expectancy and Professional Norms in Legal Translation

    DEFF Research Database (Denmark)

    Faber, Dorrit; Hjort-Pedersen, Mette

    2013-01-01

    This article reports on the findings of a qualitative study seeking to generate hypotheses about norms as psycho-social entities amongst professional producers and commissioners of legal translations, and to shed light on the reasons underlying these norms. In particular, we wish to investigate how...... training to heighten student translators’ awareness that norms are not a uniform entity, but subject to different perceptions depending on discourse community membership....

  12. Deconstructing climate misinformation to identify reasoning errors

    Science.gov (United States)

    Cook, John; Ellerton, Peter; Kinkead, David

    2018-02-01

    Misinformation can have significant societal consequences. For example, misinformation about climate change has confused the public and stalled support for mitigation policies. When people lack the expertise and skill to evaluate the science behind a claim, they typically rely on heuristics such as substituting judgment about something complex (i.e. climate science) with judgment about something simple (i.e. the character of people who speak about climate science) and are therefore vulnerable to misleading information. Inoculation theory offers one approach to effectively neutralize the influence of misinformation. Typically, inoculations convey resistance by providing people with information that counters misinformation. In contrast, we propose inoculating against misinformation by explaining the fallacious reasoning within misleading denialist claims. We offer a strategy based on critical thinking methods to analyse and detect poor reasoning within denialist claims. This strategy includes detailing argument structure, determining the truth of the premises, and checking for validity, hidden premises, or ambiguous language. Focusing on argument structure also facilitates the identification of reasoning fallacies by locating them in the reasoning process. Because this reason-based form of inoculation is based on general critical thinking methods, it offers the distinct advantage of being accessible to those who lack expertise in climate science. We applied this approach to 42 common denialist claims and find that they all demonstrate fallacious reasoning and fail to refute the scientific consensus regarding anthropogenic global warming. This comprehensive deconstruction and refutation of the most common denialist claims about climate change is designed to act as a resource for communicators and educators who teach climate science and/or critical thinking.

  13. Is the Evolutionary Programmed/ Non-programmed Aging Argument Moot?

    Science.gov (United States)

    Goldsmith, Theodore C

    2015-04-21

    There are two modern evolutionary theories of mammal senescence: Programmed theories contend that mammals purposely limit their lifespans because doing so creates an evolutionary advantage. Non-programmed theories contend that each mammal specie only needs a particular lifespan and therefore only evolved and retained the capability for attaining that lifespan. Arguments over the evolutionary nature of aging have now existed for more than 150 years and for reasons described here may never be definitively resolved. The programmed/ non-programmed question is critical to medical research because the theories have grossly different predictions regarding the biological mechanisms associated with the aging process and therefore, the nature of age-related diseases and conditions. This article describes and compares two approaches for avoiding the need to obtain resolution on the evolutionary basis of senescence in order to identify and characterize the biological mechanisms responsible for aging and therefore the nature of highly age-related diseases.

  14. A Quantitative Causal Model Theory of Conditional Reasoning

    Science.gov (United States)

    Fernbach, Philip M.; Erb, Christopher D.

    2013-01-01

    The authors propose and test a causal model theory of reasoning about conditional arguments with causal content. According to the theory, the acceptability of modus ponens (MP) and affirming the consequent (AC) reflect the conditional likelihood of causes and effects based on a probabilistic causal model of the scenario being judged. Acceptability…

  15. Parental Education and Public Reason: Why Comprehensive Enrolment Is Justified

    Science.gov (United States)

    Giesinger, Johannes

    2013-01-01

    Matthew Clayton claims that "comprehensive enrolment"--raising one's children in accordance with one's own conception of the good--is illegitimate. In his argument against comprehensive enrolment, Clayton refers to Rawls's idea of public reason. In a recent response to Clayton, Christina Cameron not only rejects…

  16. Analogies in Medicine: Valuable for Learning, Reasoning, Remembering and Naming

    Science.gov (United States)

    Pena, Gil Patrus; Andrade-Filho, Jose de Souza

    2010-01-01

    Analogies are important tools in human reasoning and learning, for resolving problems and providing arguments, and are extensively used in medicine. Analogy and similarity involve a structural alignment or mapping between domains. This cognitive mechanism can be used to make inferences and learn new abstractions. Through analogies, we try to…

  17. Arguments, scenarios and probabilities; connections between three normative frameworks for evidential reasoning

    NARCIS (Netherlands)

    Verheij, Bart; Bex, Floris; Timmer, S.T.; Vlek, Charlotte; Meyer, J.J. Ch.; Renooij, S.; Prakken, Hendrik

    2016-01-01

    Due to the uses of DNA proling in criminal investigation and decision-making, it is ever more common that probabilistic information is discussed in courts. The people involved have varied backgrounds, as fact-finders and lawyers are more trained in the use of non-probabilistic information, while

  18. Energy policy after 2020 : Economic arguments to pursue energy policy for non-climate related reasons

    NARCIS (Netherlands)

    Kocsis, V.; Koutstaal, P.; Tieben, B.; van Hout, M.; Hof, B.

    2012-01-01

    This research investigates the contribution of sustainable energy policy and energy saving policy to the public goals of energy policy in the Netherlands. Not surprisingly current discussion about sustainable energy policy focus on the contribution of energy policy to the goals of climate policy,

  19. An argumentation system for reasoning with conflict-minimal paraconsistent ALC

    NARCIS (Netherlands)

    Qiao, Wenzhao; Roos, Nico

    2014-01-01

    The semantic web is an open and distributed environment in which it is hard to guarantee consistency of knowledge and information. Under the standard two-valued semantics everything is entailed if knowledge and information is inconsistent. The semantics of the paraconsistent logic LP offers a

  20. Peacetime Reprisals Under Article 51: An Argument for Legal Legitimacy in Cases of Terrorism

    Science.gov (United States)

    1997-04-01

    Morality, 67 NoTRE DAME L. REv. 335, 340 (1991). 33 See Charles J. Reid, Jr., War and Justice, 34 CATH. U. L. REv. 1173, 1176 (1985) * (book review). This...than churchly authority, and wrote as a jurist (his work entitles ’Concerning the Law of War and Peace’) rather than a churchman , it is to Grotius...today’s world, no one is ’innocent,’ and no one is neutral."). 119 Burton M. Leiser, Enemies of Mankind, in TERRORISM: How THE WEST CAN WIN 155 (1986

  1. UN legal advisers meet

    International Nuclear Information System (INIS)

    1969-01-01

    Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

  2. Evaluating arguments during instigations of defence motivation and accuracy motivation.

    Science.gov (United States)

    Liu, Cheng-Hong

    2017-05-01

    When people evaluate the strength of an argument, their motivations are likely to influence the evaluation. However, few studies have specifically investigated the influences of motivational factors on argument evaluation. This study examined the effects of defence and accuracy motivations on argument evaluation. According to the compatibility between the advocated positions of arguments and participants' prior beliefs and the objective strength of arguments, participants evaluated four types of arguments: compatible-strong, compatible-weak, incompatible-strong, and incompatible-weak arguments. Experiment 1 revealed that participants possessing a high defence motivation rated compatible-weak arguments as stronger and incompatible-strong ones as weaker than participants possessing a low defence motivation. However, the strength ratings between the high and low defence groups regarding both compatible-strong and incompatible-weak arguments were similar. Experiment 2 revealed that when participants possessed a high accuracy motivation, they rated compatible-weak arguments as weaker and incompatible-strong ones as stronger than when they possessed a low accuracy motivation. However, participants' ratings on both compatible-strong and incompatible-weak arguments were similar when comparing high and low accuracy conditions. The results suggest that defence and accuracy motivations are two major motives influencing argument evaluation. However, they primarily influence the evaluation results for compatible-weak and incompatible-strong arguments, but not for compatible-strong and incompatible-weak arguments. © 2016 The British Psychological Society.

  3. Public Reason Renaturalized

    DEFF Research Database (Denmark)

    Tønder, Lars

    2014-01-01

    This article takes up recent discussions of nature and the sensorium in order to rethink public reason in deeply divided societies. The aim is not to reject the role of reason-giving but rather to infuse it with new meaning, bringing the reasonable back to its sensorially inflected circumstances....

  4. A Religious Argument against School Prayer.

    Science.gov (United States)

    Shriver, Donald W., Jr.

    1984-01-01

    There are reasons internal to the beliefs and interests of religion that sanction the religious neutrality of governments and government-supported institutions in American life. Three such reasons are discussed. (RM)

  5. Argumentation Within Language as Subsidy for the Evaluation of Reading Practices and Production of Argumentative Texts

    OpenAIRE

    Lauro Gomes

    2016-01-01

    This paper aims to present an evaluation proposal of the performance in reading and writing dissertative-argumentative texts, based on principles and concepts from the theory of Argumentation in Language – created by Jean-Claude Anscombre and Oswald Ducrot, especially the version of the Theory of the Semantic Blocks and the works inspired by it. The goal is to create criteria which are capable of being less intuitive in judging the performance in reading and wrinting dissertative-argumentativ...

  6. Legal briefing: Informed consent.

    Science.gov (United States)

    Pope, Thaddeus Mason

    2010-01-01

    This issue's "Legal Briefing" column covers legal developments pertaining to informed consent. Not only has this topic been the subject of recent articles in this journal, but it also been the subject of numerous public and professional discussions over the past several months. Legal developments concerning informed consent can be usefully grouped into nine categories: 1. General disclosure standards in the clinical context; 2. Shared decision making; 3. Staturorily mandated abortion disclosures; 4. Staturorily mandated end-of-life counseling; 5. Other staturorily mandated subject-specific disclosures; 6. U.S. Food and Drug Administration (FDA) labeling and federal pre-emption of state informed consent law; 7. Relaxed informed consent for HIV testing; 8. General disclosure standards in the research context; 9. Issues on the horizon.

  7. Discrimination of legal entities: Phenomenological characteristics and legal protection

    Directory of Open Access Journals (Sweden)

    Petrušić Nevena

    2017-01-01

    Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

  8. Animal experimentation: pro and con arguments using the theory of evolution.

    Science.gov (United States)

    Nordgren, Anders

    2002-01-01

    The theory of evolution has been used in arguments regarding animal experimentation. Two such arguments are analyzed, one against and one in favor. Each argument stresses the relevance of the theory of evolution to normative ethics but attempts explicitly to avoid the so-called naturalistic fallacy. According to the argument against animal experimentation, the theory of evolution 'undermines' the idea of a special human dignity and supports 'moral individualism'. The latter view implies that if it is wrong to use humans in experiments, then it is also wrong to use animals, unless there are relevant differences between them that justify a difference in treatment. No such differences can be found with regard to animals which lead 'biographical lives'. The argument in favor of animal experimentation is based on evolutionary psychology. It states that humans, as all social animals, are speciesist by nature and stresses that this should be taken seriously in normative ethics. This does not mean that animal interests should not be considered, only that vital human interests may outweigh them. In order to assess the arguments, one has to take a stand on certain more basic issues: 'is' versus 'ought', impartiality versus special obligations, and feelings/intuitions versus reason. Given the author's own position with regard to these more basic considerations, the-evolutionary argument in favor of animal experimentation is judged to be more convincing than the one against but not decisive. It is also maintained that not all animal experiments are acceptable. Which animal experiments are acceptable and which are not has to be decided on a case-by-case basis.

  9. Teacher Pedagogical Content Knowledge (PCK) and Students’ Reasoning and Wellbeing

    Science.gov (United States)

    Widodo, A.

    2017-02-01

    This paper summarizes findings of a study on efforts to improve teachers Pedagogical Content Knowledge and how it affects students’ reasoning and wellbeing. It was found that improvement of teachers’ PCK was not very strong but we managed to develop strategies to facilitate their developments. In the second year, the research was focused on identifying students’ reasoning skills both informal reasoning and formal reasoning. Data showed that students reasoning is relatively low (level 2 of five levels) and they could not construct highly coherence arguments. In addition alternative strategies to promote students’ reasoning were explored. Attempts to support teachers to conduct lessons that facilitate students’ reasoning found that teachers need intensive and continuous support. The study also identifies students’ wellbeing as the impact of improvement of lessons and other activities designed to improve students’ wellbeing. Research on students’ wellbeing is not yet given attention in Indonesian schools although it plays very important roles in students’ academic and nonacademic achievements.

  10. The rabbit in the hat: dubious argumentation and the persuasive effects of prescription drug advertising (DTCA).

    Science.gov (United States)

    Rubinelli, Sara; Nakamoto, Kent; Schulz, Peter J

    2008-01-01

    There is an ongoing global debate over the potential benefits and risks of allowing direct-to-consumer advertising of prescription medicines (DTCA). The core of this debate concerns the identification of DTCA either as a beneficial procedure to be promoted or as a damaging procedure to be abolished. Economic data on DTCA suggest that this form of advertising has an impact on consumers. Based on this premise, we explore the use of argumentation theory to inquire into the reasons for this success. In particular, by combining perspectives from argumentation theory and marketing research this paper aims to test the hypothesis of whether DTCA presents information framed in potentially misleading, but persuasive, argumentative structures. We highlight and discuss the results of two studies designed to assess whether readers perceive DTCA as argumentative and, if so, which explicit and implicit elements provide groundings for the inference that consumers draw from the ads. The analysis highlights the presence in DTCA of dubious arguments (fallacies and distracting claims) that may go unnoticed. Also, it illustrates the nature of readers' wrong assumptions that arise independently from the contents of the ads. These factors seem to influence the level of the self-perceived persuasiveness of DTCA.

  11. Design as Value Celebration: Rethinking Design Argumentation

    DEFF Research Database (Denmark)

    Halstrøm, Per Liljenberg

    2016-01-01

    This article introduces knowledge of the rhetorical genre of epideictic to design. The aim is to provide designers with concepts that stimulate their ability to deliberate about design choices and explore the arguments they may be making about the human-made world. The article begins with explora......, situational perspectives, and rhetorical genres, the article concludes that designers can benefit from perceiving their design as value celebration rather than problem solving....... with explorations of how to perceive the situations that designers may address; it then provides rhetorical perspectives that may be useful when creating design arguments; finally, examples of how to use these rhetorical perspectives in design are provided. Based on analyzed examples and theories on design problems...

  12. PREFERRED ARGUMENT STRUCTURE IN MANDARIN CHILD LANGUAGE

    Directory of Open Access Journals (Sweden)

    Chiung-chih Huang

    2012-12-01

    Full Text Available This study investigated whether Preferred Argument Structure (Du Bois, 1987 is characteristic of early child Mandarin (2;2-3;1, and whether the patterns observed in child Mandarin can be explained by the account of human-ness suggested by Everett (2009. The results showed that Mandarin child language conforms to the constraints of Preferred Argument Structure, but that it does not support the related hypothesis of an ergative structuring of discourse. Both the factor of human-ness (Everett, 2009 and that of role types contribute to the accusative patterning observed in the data. The results are discussed in relation to children’s sensitivity to the association between discourse and grammar, and to the referential strategies used by adults in conversations with young children.

  13. The Argument for Same-Sex Marriage

    OpenAIRE

    Widiss, Deborah; Tebbe, Nelson; Gilreath, Shannon

    2018-01-01

    159 University of Pennsylvania Law Review PENNumbra 21 (2010) Professors Tebbe and Widiss revisit the arguments they made in "Equal Access and the Right to Marry" and emphasize their belief that distinguishing between different-sex marriage and same-sex marriage is inappropriate. They lament the sustained emphasis on the equal-protection and substantive-due-process challenges in the Perry litigation and suggest that an equal-access approach is more likely to be successful on appeal. Professor...

  14. INTERVENING IN COLLECTIVITIES USING PERSUASIVE ARGUMENTATION

    OpenAIRE

    Prat-i-Pubill, Queralt; Lozano, Josep Maria

    2014-01-01

    Prior research claims that argumentative persuasion, or meaning-making, can be used to successfully intervene in organizational settings. However, it is not clear how persuasive narratives affect individuals and how meaning-making is operationalized. The present study uses linguistics and ethology research to explain how meaning is created and structured. These are alternative disciplines to the rhetoric, narrative and storytelling currently utilized in management. We explain how to reach hum...

  15. Theoretical Issues of Legal Regulation of Municipal Solid Waste Handling

    OpenAIRE

    Altynbekkyzy Alua; Bekezhanov Dauren Nurzhanovich

    2017-01-01

    The relevance of comparative analysis of legal regulation of environmental protection is due to several reasons. Firstly, it expands the boundaries of interpretation of legal norms and acts of environmental law. Secondly, it allows relying on experience in the latest achievements of legislative activity in developed countries. Thirdly, taking into consideration the legislative mistakes of other countries, it helps to avoid similar mistakes in the process of improving Kazakh legislation. And f...

  16. Euthanasia: Some Legal Considerations

    Science.gov (United States)

    Koza, Pamela

    1976-01-01

    Several sections of the Criminal Code of Canada which are relevant to the issue of euthanasia are discussed. In addition, the value placed on the sanctity of life by the law, the failure to recognize motive in cases of euthanasia, and disparate legal and medical definitions of death are also considered. (Author)

  17. Documents and legal texts

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following documents and legal texts: 1 - Belgium 29 June 2014 - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy; 2 - Belgium, 7 December 2016. - Act amending the Act of 22 July 1985 on Third-Party Liability in the Field of Nuclear Energy

  18. A Legal Constant

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    The 21st century has brought many technological, social, and economic changes--nearly all of which have affected schools and the students, administrators, and faculty members who are in them. Luckily, as some things change, other things remain the same. Such is true with the fundamental legal principles that guide school administrators' actions…

  19. Legal Liabilities of Administrators.

    Science.gov (United States)

    Underwood, Julie

    This chapter of "Principles of School Business Management" discusses the implications of several court cases for legal issues affecting the role of the school business official. The issues addressed include civil rights, negligence, contracts, criminal liability, tuition and fees, and student records. The chapter opens with a brief overview of…

  20. Commission on Legal Matters

    CERN Multimedia

    Staff Association

    2016-01-01

    What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

  1. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  2. Minimally legally invasive dentistry.

    Science.gov (United States)

    Lam, R

    2014-12-01

    One disadvantage of the rapid advances in modern dentistry is that treatment options have never been more varied or confusing. Compounded by a more educated population greatly assisted by online information in an increasingly litigious society, a major concern in recent times is increased litigation against health practitioners. The manner in which courts handle disputes is ambiguous and what is considered fair or just may not be reflected in the judicial process. Although legal decisions in Australia follow a doctrine of precedent, the law is not static and is often reflected by community sentiment. In medical litigation, this has seen the rejection of the Bolam principle with a preference towards greater patient rights. Recent court decisions may change the practice of dentistry and it is important that the clinician is not caught unaware. The aim of this article is to discuss legal issues that are pertinent to the practice of modern dentistry through an analysis of legal cases that have shaped health law. Through these discussions, the importance of continuing professional development, professional association and informed consent will be realized as a means to limit the legal complications of dental practice. © 2014 Australian Dental Association.

  3. A two-phase method for extracting explanatory arguments from Bayesian networks

    NARCIS (Netherlands)

    Timmer, S.T.; Meyer, J.J.C.; Prakken, H.; Renooij, S.; Verheij, B.

    Errors in reasoning about probabilistic evidence can have severe consequences. In the legal domain a number of recent miscarriages of justice emphasises how severe these consequences can be. These cases, in which forensic evidence was misinterpreted, have ignited a scientific debate on how and when

  4. Quantity versus quality: Effects of argumentation in bad news letters

    Directory of Open Access Journals (Sweden)

    Frank Jansen

    2013-02-01

    Full Text Available Do the quality and the quantity of arguments have an impact on the evaluation of bad news messages? To answer this question, two experiments were carried out using bad news letters in which the quality and the quantity of the arguments were manipulated in a contextually realistic way. The results of both experiments show that adding argumentation has a positive impact on the perceived politeness and the persuasive force of the letters. Furthermore, the studies show that the impact of strong arguments is greater than that of weak arguments. The effect of adding successive arguments is positive as well. However, the results indicate that one or two arguments are sufficient. Adding a third argument only minimally contributes to better evaluations.

  5. "Evidence" Under a Magnifying Glass: Thoughts on Safety Argument Epistemology

    Science.gov (United States)

    Graydon, P. J.; Holloway, C. M.

    2015-01-01

    Common definitions of "safety case" emphasize that evidence is the basis of a safety argument, yet few widely referenced works explicitly define "evidence". Their examples suggest that similar things can be regarded as evidence. But the category evidence seems to contain (1) processes for finding things out, (2) information resulting from such processes, and (3) relevant documents. Moreover, any item of evidence could be replaced by further argument. Normative models of informal argumentation do not offer clear guidance on when a safety argument should cite evidence rather than appeal to a more detailed argument. Disciplines such as the law address the problem with a practical, domain-specific epistemology. In this paper, we explore these problems associated with evidence citations in safety arguments, identify goals for a theory of safety argument evidence and a practical safety argument epistemology, propose a model of safety evidence citation that advances the identified goals, and present a related extension to the Goal Structuring Notation (GSN).

  6. The role of legal translation in legal harmonization

    NARCIS (Netherlands)

    Baaij, C.J.W.

    2012-01-01

    Papers gepresenteerd op de conferentie, 'The Role of Legal Translation in Legal Harmonization', georganiseerd in Amsterdam op 21 januari 2011, door The Amsterdam Circle for Law & Language (ACLL) en the Centre for the Study of European Contract Law (CSECL).

  7. Judicial judgement-making and legal criteria of testimonial credibility

    Directory of Open Access Journals (Sweden)

    Dolores Seijo

    2010-07-01

    Full Text Available Judicial judgement-making in legal and forensic settings is characterised by the information loss model. In comparison to formal reasoning styles, in which information is processed in detail, judicial reasoning styles are mainly informal. Moreover, the experimental literature regarding judges and juries has revealed that reliability is the corner stone of legal judgement-making in legal contexts. This study aims to assess the underlying legal criteria assigned to the credibility of testimonies by judges by evaluating the court archives of judicial judgements in which the verdict rested entirely on the credibility of testimonies. Moreover, given the prevalence of informal reasoning in this context, an analysis was undertaken to determine the use of heuristics which are indicative of informal reasoning. In addition, an analysis of the interaction of both variables and their effect on joint decision-making by legal experts and lay people was assessed. Finally, bearing in mind the limitations of this study, the results are discussed in terms of their implications in the evaluation of testimonial credibility in judicial proceedings.

  8. Toulmin's argument pattern as a "horizon of possibilities" in the study of argumentation in science education

    Science.gov (United States)

    Erduran, Sibel

    2018-01-01

    Kim and Roth (this issue) purport to draw on the social-psychological theory of L. S. Vygotsky in order to investigate social relations in children's argumentation in science topics. The authors argue that the argumentation framework offered by Stephen Toulmin is limited in addressing social relations. The authors thus criticize Toulmin's Argument Pattern (TAP) as an analytical tool and propose to investigate the genesis of evidence-related practices (especially burden of proof) in second- and third-grade children by studying dialogical interactions. In this paper, I illustrate how Toulmin's framework can contribute to (a) the study of "social relations", and (b) provide an example utilizing a theoretical framework on social relations, namely Engeström's Activity Theory framework, and (c) describe how we have used the Activity Theory along with TAP in order to understand the development of argumentation in the practices of science educators. Overall, I will argue that TAP is not inherently incapable of addressing social relational aspects of argumentation in science education but rather that science education researchers can transform theoretical tools such as Toulmin's framework intended for other purposes for use in science education research.

  9. Integrating Multimodal Arguments into High School Writing Instruction

    Science.gov (United States)

    Howell, Emily; Butler, Tracy; Reinking, David

    2017-01-01

    We conducted a formative experiment investigating how an intervention that engaged students in constructing multimodal arguments could be integrated into high school English instruction to improve students' argumentative writing. The intervention entailed three essential components: (a) construction of arguments defined as claims, evidence, and…

  10. Starkweather and Smith: Using "Contact Zones" to Teach Argument.

    Science.gov (United States)

    Schutt, Robin Muksian

    1998-01-01

    Describes how a professor teaching a "Writing Arguments" course focused on two cases involving the death penalty to show students how arguments are constructed, and how students can form strong arguments of their own. Notes that this approach does not force students to choose sides when they stand somewhere in the middle. Describes four…

  11. Arguments from Physics in Mathematical Proofs: An Educational Perspective.

    Science.gov (United States)

    Hanna, Gila; Jahnke, Hans Niels

    2002-01-01

    Investigates what the role of arguments from physics within mathematical proof is, and how this role should be reflected in the classroom. Presents examples showing the fruitfulness of center of gravity arguments in terms of geometrical configuration and the laws of the lever. Discusses educational advantages of the use of arguments from physics…

  12. Expanding Argument Instruction: Incorporating Multimodality and Digital Tools

    Science.gov (United States)

    Howell, Emily

    2018-01-01

    The researcher conducted a formative experiment in a ninth- and a 10th-grade English classroom to observe a multiliteracies-based intervention implemented to improve high school students' arguments. Traditionally, argument is taught from a cognitive perspective, emphasizing concepts such as claims, evidence, and warrants. However, arguments are…

  13. Kunnen wij elke machine verslaan? Beschouwingen rondom Lucas’ argument

    NARCIS (Netherlands)

    Visser, A.

    1986-01-01

    In dit artikel wil ik niet Anselmus' Argument bespreken maar dat van Lucas -J.R.Lucas om precies to zijn. Lucas' Argument is gericht tegen de dwaas die in zijn hart zei: de mens is een machine. Het argument is kort, maakt gebruik van eenvoudige, maar diepe wiskundige stellingen -de

  14. Towards an Argumentation System for Supporting Patients in Self-Managing their Chronic Conditions

    OpenAIRE

    Kokciyan, Nadin; Sassoon, Isabel Karen; Young, Anthony Peter; Chapman, Martin David; Porat, Talya Rica; Ashworth, Mark; Curcin, Vasa; Modgil, Sanjay; Parsons, Simon Dominic; Sklar, Elizabeth Ida

    2018-01-01

    CONSULT is a decision-support framework designed to help patients self-manage chronic conditions and adhere to agreed-upon treatment plans, in collaboration with healthcare professionals. The approach taken employs computational argumentation, a logic-based methodology that provides a formal means for reasoning with evidence by substantiating claims for and against particular conclusions. This paper outlines the architecture of CONSULT, illustrating how facts are gathered about the patient an...

  15. Representation and Non-representation of Knowledge Mediation in Legal Contracts

    DEFF Research Database (Denmark)

    Larsen, Aase Voldgaard

    In this paper, focus is on mediation of legal knowledge between expert and layman in connection with German legal contracts. Focus is not, however, on the role of a classical mediator (e.g. a translator), but on knowledge mediation performed by the expert himself. This mediation of legal knowledge...... takes place in different ways. A survey among lawyers (Larsen 2009) showed that, concerning legal contracts, mediation of knowledge is largely performed by legal experts, i.e. lawyers, to their clients during personal consultations before the contract is signed. Many lawyers prefer to explain difficult...... legal terms or other contents to their clients orally, instead of doing it in writing within the frames of the legal contract. The lawyers who choose to explain the legal contents orally have several reasons for doing so, but in my paper, I will argue that this form of mediation causes certain problems...

  16. Reasons nurses participate in continuing education.

    Science.gov (United States)

    O'Connor, A B

    1979-01-01

    The study was undertaken to identify dimensions, or motivational orientations that underlie reasons nurses participate in continuing education programs and to determine relationships between these orientations and the legal status of CE and selected demographic characteristics of participants. The sample included 843 nurses who participated in CE programs sponsored by colleges and universities with accredited baccalaureate schools of nursing. Two instruments were used for data collection: a 56-item checklist consisting of reasons for participation (Education Participation Scale) and a personal data sheet. Factor analysis of responses to the EPS indicated that seven motivational orientations underlay the nurses' reasons for participation: compliance with authority, improvement in social relations, improvement in social welfare skills, professional advancement, professional knowledge, relief from routine, and acquisition of credentials. Mean scores on each orientation for the entire sample ranged from 6.55 (professional knowledge) to 1.57 (improvement in social relations) on a 10-point scale. Analysis of variance to determine the relationship between motivational orientation scores and legal status of continuing nursing education revealed no differences among the three legal conditions studied---mandatory, proposed, and voluntary CE---except on the acquisition of credentials orientation. Scores on this orientation varied significantly (p less than .001), but only for respondents employed part-time; for these nurses mean scores were ranked mandatory, proposed, then voluntary. Study findings suggest that, for these nurses, the presence or threat of a mandatory CE law had little influence in motivating participation. Rather, these nurses participated in continuing nursing education programs for reasons related to maintaining professional currency and improving their ability to serve the public.

  17. Irrelevance Reasoning in Knowledge Based Systems

    Science.gov (United States)

    Levy, A. Y.

    1993-01-01

    This dissertation considers the problem of reasoning about irrelevance of knowledge in a principled and efficient manner. Specifically, it is concerned with two key problems: (1) developing algorithms for automatically deciding what parts of a knowledge base are irrelevant to a query and (2) the utility of relevance reasoning. The dissertation describes a novel tool, the query-tree, for reasoning about irrelevance. Based on the query-tree, we develop several algorithms for deciding what formulas are irrelevant to a query. Our general framework sheds new light on the problem of detecting independence of queries from updates. We present new results that significantly extend previous work in this area. The framework also provides a setting in which to investigate the connection between the notion of irrelevance and the creation of abstractions. We propose a new approach to research on reasoning with abstractions, in which we investigate the properties of an abstraction by considering the irrelevance claims on which it is based. We demonstrate the potential of the approach for the cases of abstraction of predicates and projection of predicate arguments. Finally, we describe an application of relevance reasoning to the domain of modeling physical devices.

  18. Calibrating Legal Judgments

    Directory of Open Access Journals (Sweden)

    Frederick Schauer

    2017-09-01

    Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

  19. The Legalization of Higher Education

    Science.gov (United States)

    Badke, Lara K.

    2017-01-01

    A complete discussion of intellectual property (IP), faculty rights, and the public good requires a thorough framing of higher education's legal context, from which the rise of legalistic criteria (or legalization) and current IP regime have grown.

  20. Clarity Versus Accuracy and Objectivity in Written Legal English

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2011-12-01

    Full Text Available This paper is an attempt to analyse the most important grammatical and, specifically, syntactic features and to point out some prominent lexical ones, which aim at accuracy and objectivity of a written legal document, and to discuss how these features influence clarity and transparency of the legal documents. The study covers the analysis of some EU, UK, US legislative acts alongside with some extracts from contract samples. The analysis reveals that written legal English is distinguished by long compound sentences, often with inverted word order and numerous embeddings, passive constructions and nominalisations, specific use of personal pronouns and collocations of synonyms (doublets and triplets, etc. These means allow to achieve the most possible accuracy and objectivity in legal texts but make them complicated and difficult to comprehend at once. Formality, achieved by the mentioned means, makes legal English distant from everyday language and often becomes a reason for criticism. Plain English supporters encourage simplifying legal language; however, long traditions of legal English make changes slow and difficult. Therefore, comprehension and usage of legal English still requires special knowledge of its lexical and grammatical features.

  1. Autobiographical reasoning: arguing and narrating from a biographical perspective.

    Science.gov (United States)

    Habermas, Tilmann

    2011-01-01

    Autobiographical reasoning is the activity of creating relations between different parts of one's past, present, and future life and one's personality and development. It embeds personal memories in a culturally, temporally, causally, and thematically coherent life story. Prototypical autobiographical arguments are presented. Culture and socializing interactions shape the development of autobiographical reasoning especially in late childhood and adolescence. Situated at the intersection of cognitive and narrative development and autobiographical memory, autobiographical reasoning contributes to the development of personality and identity, is instrumental in efforts to cope with life events, and helps to create a shared history. Copyright © 2011 Wiley Periodicals, Inc., A Wiley Company.

  2. Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States.

    Science.gov (United States)

    Randall, Lisa H; Curran, Eileen A; Omer, Saad B

    2013-04-03

    Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009-2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges. Copyright © 2013 Elsevier Ltd. All rights reserved.

  3. Reasoning about emotional agents

    NARCIS (Netherlands)

    Meyer, J.-J.

    In this paper we discuss the role of emotions in artificial agent design, and the use of logic in reasoning about the emotional or affective states an agent can reside in. We do so by extending the KARO framework for reasoning about rational agents appropriately. In particular we formalize in

  4. Specification of Nonmonotonic Reasoning.

    NARCIS (Netherlands)

    Engelfriet, J.; Treur, J.

    2000-01-01

    Two levels of description of nonmonotonic reasoning are distinguished. For these levels semantical formalizations are given. The first Level is defined semantically by the notion of belief state frame, the second Level by the notion of reasoning frame. We introduce two specification languages to

  5. Specification of Nonmonotonic Reasoning

    NARCIS (Netherlands)

    Engelfriet, J.; Treur, J.

    1996-01-01

    Two levels of description of nonmonotonic reasoning are distinguished. For these levels semantical formalizations are given. The first level is defined semantically by the notion of belief state frame, the second level by the notion of reasoning frame. We introduce two specification languages to

  6. Predicting Reasoning from Memory

    Science.gov (United States)

    Heit, Evan; Hayes, Brett K.

    2011-01-01

    In an effort to assess the relations between reasoning and memory, in 8 experiments, the authors examined how well responses on an inductive reasoning task are predicted from responses on a recognition memory task for the same picture stimuli. Across several experimental manipulations, such as varying study time, presentation frequency, and the…

  7. Legal considerations for urban underground space development in Malaysia

    Directory of Open Access Journals (Sweden)

    F. Zaini

    2017-12-01

    Full Text Available In 2008, the Malaysia land code, named the National Land Code 1965 (NLC 1965, was amended to add Part Five (A to deal with the disposal of underground space. In addition, the Circular of the Director General of Lands and Mines No. 1/2008 was issued to assist the application of Part Five (A of the NLC 1965. However, the legislation is still questionable and has instigated many arguments among numerous actors. Therefore, this research was undertaken to examine legal considerations for the development of underground space. The focus is on four legal considerations, namely underground space ownership, the bundle of rights, depth, and underground space utilization. Rooted in qualitative methods, interviews were conducted with respondents involved in the development of underground space in Malaysia. The obtained data were then analyzed descriptively. The findings differentiated the rights of landowners for surface land and underground space, and their liability for damages and the depth. It was indicated that the current legislation in Malaysia, namely Part Five (A of the NLC 1965 and the Circular of the Director General of Lands and Mines No. 1/2008, is adequate to facilitate the development of underground space in terms of legal considerations. However, to further facilitate the development of underground land in the future, based on the research, four enhancements are recommended for legal considerations pertaining to the development of underground space in Malaysia. Keywords: Underground space, Legal consideration, Land right, Urban development

  8. Accounting Standards and Legal Capital in EU Law

    Directory of Open Access Journals (Sweden)

    Loukas Panetsos

    2016-09-01

    Full Text Available This paper examines the interaction between accounting standards and legal capital in the European Union legal framework. More in particular, it attempts to compare on a parallel basis the distributional and behavioural function of both concepts and to address whether the current legal status quo in the European Union fulfils these functions. First, this paper makes a short reference to the various accounting families which are encountered today, with a strong emphasis on the distinction between Anglo-American and Continental systems. Then, it describes the EU accounting regulation and the introduction of IFRS in domestic legislation. Further, it discusses the concept of legal capital as it has been established in European jurisdictions and it points to the relevance of the Continental accounting standards. It is argued that both are characterized by paternalism, contrasting with Anglo-American standards and American distributional methods, which are outlined by contractariansm. The final argument is that the combination of legal capital rules and Anglo-American standards, like the IFRS, neither achieves the protective role prescribed to the former, nor guarantees the aims of the latter.

  9. Logical reasoning with diagrams

    CERN Document Server

    Allwein, Gerard

    1996-01-01

    PART A: Theoretical Issues. 1. Visual Information and Valid Reasoning, Jon Barwise and John Etchemendy. 2. Operational Constraints in Diagrammatic Reasoning, Atsushi Shimojima. 3. Diagrams and the Concept of Logical System, Jon Barwise and Eric Hammer. PART B: Case Studies. 4. Situation-Theoretic Account of Valid Reasoning with Venn Diagrams, Sun-Joo Shin. 5. Towards a Model Theory of Venn Diagrams, eric Hammer and Norman Danner. 6. Peircean Graphs for Propositional Logic, Eric Hammer. 7. A Diagrammatic Subsystem of Hilbert''s Geometry, Isabel Luengo. PART C: Heterogenous Systems. 8. Heterogenous Logic, Jon Barwise and John Etchemendy. 9. Toward the Rigorous Use of Diagrams in Reasoning about Hardware, Steven D. Johnson, Jon Barwise, and Gerard Allwein. 10. Exploiting the Potential of Diagrams in Guiding Hardware Reasoning, Kathi D. Fisler

  10. Architecture-based regulatory compliance argumentation

    DEFF Research Database (Denmark)

    Mihaylov, Boyan; Onea, Lucian; Hansen, Klaus Marius

    2016-01-01

    . An increasing number of applications (for example in healthcare) are expected to have to live up to regulatory requirements in the future, which will lead to more software development projects having to deal with such requirements. We present an approach that models regulations such that compliance arguments......Standards and regulations are difficult to understand and map to software, which makes compliance with them challenging to argue for software products and development process. This is problematic since lack of compliance may lead to issues with security, safety, and even to economic sanctions...

  11. Economic and ethical arguments inglobal climate policy

    International Nuclear Information System (INIS)

    Kaergaard, Niels

    1998-01-01

    The debate about the reduction of CO 2 -emissions, as seen for example at the UN climate conference in Kyoto, includes a mixture of economic and ethical arguments. Joint implementation using the market mechanisms is viewed as being unethical because the rich countries are able to pay others to carry out their redutions. This debate is seen as a continuation of a very old discussion about the ethics of the market. The Nordic electricity market is used as an example to demonstrate that the use of tradeable permissions has well defined positive consequences. (au) 26 refs

  12. Did Legalized Abortion Lower Crime?

    Science.gov (United States)

    Joyce, Ted

    2004-01-01

    Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

  13. A Case Study of Preservice Science Teachers with Different Argumentation Understandings: Their Views and Practices of Using Representations in Argumentation

    Science.gov (United States)

    Namdar, Bahadir

    2017-01-01

    Representations are fundamental tools to support argumentation in science learning. However, little is known about how preservice science teachers (PSTs) with different argumentation understandings view and use representations in argumentation. Therefore, the purpose of this case study was to explore the views and practices of PSTs' use of…

  14. Inviting Argument by Analogy: Analogical-Mapping-Based Comparison Activities as a Scaffold for Small-Group Argumentation

    Science.gov (United States)

    Emig, Brandon R.; McDonald, Scott; Zembal-Saul, Carla; Strauss, Susan G.

    2014-01-01

    This study invited small groups to make several arguments by analogy about simple machines. Groups were first provided training on analogical (structure) mapping and were then invited to use analogical mapping as a scaffold to make arguments. In making these arguments, groups were asked to consider three simple machines: two machines that they had…

  15. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

  16. Collaborative Legal Pluralism

    Directory of Open Access Journals (Sweden)

    Wim Decock

    2017-01-01

    Full Text Available Legal pluralism calls into question the monopoly of the modern state when it comes to the production and the enforcement of norms. It rests on the assumption that juridical normativity and state organization can be dissociated. From an early modern historian’s perspective, such an assumption makes perfect sense, the plural nature of the legal order being the natural state of affairs in imperial spaces across the globe in the sixteenth and seventeenth centuries. This article will provide a case study of the collaborative nature of the interaction between spiritual and temporal legal orders in Spain and its overseas territories as conceived by Tomás de Mercado (ca. 1520–1575, a major theologian from the School of Salamanca. His treatise on trade and contracts (1571 contained an extended discussion of the government’s attempt to regulate the grain market by imposing a maximum price. It will be argued that Mercado’s view on the bindingness of economic regulations in conscience allowed for the internalization of the regulatory power of the nascent state. He called upon confessors to be strict enforcers of state law, considering them as fathers of the republic as much as fathers of faith. This is illustrative of the »collaborative form of legal pluralism« typical of the osmotic relationship between Church and State in the early modern Spanish empire. It contributed to the moral justification of state jurisdictions, while at the same time, guaranteeing a privileged role for theologians and religious leaders in running the affairs of the state.

  17. Legal nature of affatomia

    OpenAIRE

    Stanković Miloš

    2015-01-01

    In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks...

  18. Legal consequences of kleptomania.

    Science.gov (United States)

    Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

    2009-12-01

    Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

  19. [Textual pragmatics in adolescents with attention deficit hyperactivity disorder: argument].

    Science.gov (United States)

    Gallardo-Paúls, B; Gimeno-Martínez, M; Moreno-Campos, V

    2010-03-03

    Clinical linguistics involves a study of linguistic deficits which focuses on a series of aspects that range from strictly formal, grammatical points to the effective and contextualised use of language. Thus, it is also inevitably concerned with the cognitive, i.e. mental, correlate of such language use, whose basic textual dimensions are narration and argument. To describe the argumentative skills in adolescents with attention deficit hyperactivity disorder (ADHD) and to examine their relationship with academic achievement and sociability. We analysed 79 argumentative texts written by adolescents with ADHD, using a methodology from cognitive linguistics and from theories of argumentation with a dialogical foundation. Adolescents with ADHD provided a greater number of arguments than those in the control group, but with a higher predominance of emotional and negative sanction strategies compared with a greater use of fallacious or circular arguments in those in the control group; the difference between the use of rational arguments in the two groups is not significant.

  20. 28 CFR 543.11 - Legal research and preparation of legal documents.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Legal research and preparation of legal... INSTITUTIONAL MANAGEMENT LEGAL MATTERS Inmate Legal Activities § 543.11 Legal research and preparation of legal... program or work assignment), to do legal research and to prepare legal documents. Where practical, the...

  1. An Experiment in Mind-Mapping and Argument-Mapping: Tools for Assessing Outcomes in the Business Curriculum

    Science.gov (United States)

    Gargouri, Chanaz; Naatus, Mary Kate

    2017-01-01

    Distinguished from other teaching-learning tools, such as mind and concept mapping in which students draw pictures and concepts and show relationships and correlation between them to demonstrate their own understanding of complex concepts, argument mapping is used to demonstrate clarity of reasoning, based on supporting evidence, and come to a…

  2. The simplest formal argument for fitness optimization.

    Science.gov (United States)

    Grafen, Alen

    2008-12-01

    The Formal Darwinism Project aims to provide a formal argument linking population genetics to fitness optimization, which of necessity includes defining fitness. This bridges the gulf between those biologists who assume that natural selection leads to something close to fitness optimization and those biologists who believe on theoretical grounds that there is no sense of fitness that can usefully be said to be optimized. The current paper's main objective is to provide a careful mathematical introduction to the project, and it also reflects on the project's scope and limitations. The central argument is the proof of close ties between the mathematics of motion, as embodied in the Price equation, and the mathematics of optimization, as represented by optimization programmes. To make these links, a general and abstract model linking genotype, phenotype and number of successful gametes is assumed. The project has begun with simple dynamic models and simple linking models, and its progress will involve more realistic versions of them. The versions given here are fully mathematically rigorous, but elementary enough to serve as an introduction.

  3. THE THIRD MAN ARGUMENT(PARM.132A1-B2-A ‘PURELY’ METAPHYSICAL EXERCISE?

    Directory of Open Access Journals (Sweden)

    Marcus Nabielek

    2013-11-01

    Full Text Available All commentators of the ‘Parmenides’ agree that the Third Man argument, 132a-b2, raises a difficulty for Plato’s theory of forms. Many commentators, following Vlastos, hold that the argument’s infinite regress is vicious for epistemic reasons. Rickless contends that the infinite regress is vicious for exclusively metaphysical reasons. This essay intends to show that Rickless’ interpretation is inadequate, as well as to vindicate Vlastos’ interpretation.

  4. Rhetoric by Avistotel: a Legal View

    Directory of Open Access Journals (Sweden)

    Karina Kh. Rekosh

    2015-01-01

    Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

  5. European stem cell research in legal shackles.

    Science.gov (United States)

    Nielen, Myrthe G; de Vries, Sybe A; Geijsen, Niels

    2013-12-11

    Advances in stem cell biology have raised legal challenges to the patentability of stem cells and any derived technologies and processes. In 1999, Oliver Brüstle was granted a patent for the generation and therapeutic use of neural cells derived from human embryonic stem cells (hESCs). The patent was challenged and put before the European Court of Justice, which ruled that inventions involving the prior destruction of human embryos cannot be patented. The legal maneuvering around this case demonstrates that the future of stem cell-based patents in Europe remains unsettled. Furthermore, owing to the European Court's broad definition of hESC as 'any cell that is capable of commencing development into a human being,' novel technologies that could eliminate the need for hESCs, such as induced pluripotent stem cells (iPSCs), are at risk of being included under the same ruling. Advances in the in vitro development of germ cells from pluripotent stem cells may one day provide a direct developmental path from iPSC to oocyte and sperm, and, according to the European Court's reasoning, legally equate iPSCs with human embryos. In this review, we will briefly discuss the Brüstle v Greenpeace case and the implications of the European Court of Justice's ruling. We will identify potential risks for stem cell research and future therapeutics resulting from the broad legal definition of the human embryo. Finally, we will broach the current legal landscape, as this broad definition has also created great uncertainty about the status of human iPSCs.

  6. Abortion, metaphysics and morality: a review of Francis Beckwith's defending life: a moral and legal case against abortion choice.

    Science.gov (United States)

    Nobis, Nathan

    2011-06-01

    In Defending Life: A Moral and Legal Case Against Abortion Choice (2007) and an earlier article in this journal, "Defending Abortion Philosophically"(2006), Francis Beckwith argues that fetuses are, from conception, prima facie wrong to kill. His arguments are based on what he calls a "metaphysics of the human person" known as "The Substance View." I argue that Beckwith's metaphysics does not support his abortion ethic: Moral, not metaphysical, claims that are part of this Substance View are the foundation of the argument, and Beckwith inadequately defends these moral claims. Thus, Beckwith's arguments do not provide strong support for what he calls the "pro-life" view of abortion.

  7. Evaluating the American Nurses Association's arguments against nurse participation in assisted suicide.

    Science.gov (United States)

    Vogelstein, Eric

    2017-01-01

    This discussion paper critically assesses the American Nurses Association's stated arguments against nurse participation in assisted suicide, as found in its current (2013) position statement. Seven distinct arguments can be gleaned from the American Nurses Association's statement, based on (1) the American Nurses Association's Code of Ethics with Interpretive Statements and its injunction against nurses acting with the sole intent to end life, (2) the risks of abuse and misuse of assisted suicide, (3) nursing's social contract or covenant with society, (4) the contention that nurses must not harm their patients, (5) the sanctity of life, (6) the traditions of nursing, and (7) the fundamental goals of nursing. Each of these arguments is evaluated, and none are found to be convincing. This is crucial because the American Nurses Association's official stance on nurse participation in assisted suicide can have significant consequences for the well-being of nurses who care for patients in jurisdictions in which assisted suicide is legally available. The American Nurses Association should therefore have a strong and convincing justification for opposing the practice, if it is to take such a position. That it fails to evince such a justification in its official statement on the matter places a burden on the American Nurses Association to more strongly justify its position, or else abandon its stance against nurse participation in assisted suicide.

  8. A Framework for Analyzing Evidence-Based Reasoning in Science Classroom Discourse

    Science.gov (United States)

    Furtak, Erin Marie; Hardy, Ilonca; Beinbrech, Christina; Shavelson, Richard J.; Shemwell, Jonathan T.

    2010-01-01

    This article adapts the Evidence-Based Reasoning (EBR) Framework (Brown, Furtak, Timms, Nagashima, & Wilson, this issue) to create a coding system for assessing argumentation in science classroom discourse. The instrument, "Evidence-Based Reasoning in Science Classroom Discourse", is intended to provide a means for measuring the quality of EBR in…

  9. Risk and Argument: A Risk-based Argumentation Method for Practical Security

    NARCIS (Netherlands)

    Nunes Leal Franqueira, V.; Tun, Thein Tan; Yu, Yijun; Wieringa, Roelf J.; Nuseibeh, Bashar

    When showing that a software system meets certain security requirements, it is often necessary to work with formal and informal descriptions of the system behavior, vulnerabilities, and threats from potential attackers. In earlier work, Haley et al. [1] showed structured argumentation could deal

  10. Space and the complexity of European rules and policies: The common projects Galileo and GMES—precedence for a new European legal approach?

    Science.gov (United States)

    Froehlich, Annette

    2010-04-01

    The two European flagship space projects, Galileo and GMES, clearly show that the current existing legal rules of the two organisations involved (European Union and European Space Agency) are not compatible. Moreover, it is quite impossible to implement a common project if every single organisation insists on the application of its own rules strictu sensu. Nevertheless, due to the political desire to advance these projects rapidly and to make them a success, legal obstacles were to be overcome. Consequently, recently concluded agreements between ESA and the EU-Commission concerning the financial and governmental matters of the Galileo and GMES implementation feature a new approach to cooperation between these two organisations. However, the question remains if they can be taken as precedence for a future institutionalised cooperation? It follows that the agreements have to be analysed in order to understand how a mutually acceptable agreement was reached despite the disparity in the rules of both organisations. In this regard, especially the financial decision agreement concerning Galileo in December 2007 shows a very interesting and unique way in applying EU-competition law. In the same way, the GMES-Delegation Agreement of spring 2008 is a good example of how two different legal systems can be applied to make a project success. Additionally, the reasons and arguments of both organisations have to be considered, especially once the Treaty of Lisbon will be in force. As these two main projects of the European Space Policy are characterized by the desire for a successful European cooperation, they can be regarded as an important step forward for a new legal approach. A new system emerges which could be taken into consideration for further common projects undertaken by ESA and the EU.

  11. Framing a Knowledge Base for a Legal Expert System Dealing with Indeterminate Concepts

    Directory of Open Access Journals (Sweden)

    Michał Araszkiewicz

    2015-01-01

    Full Text Available Despite decades of development of formal tools for modelling legal knowledge and reasoning, the creation of a fully fledged legal decision support system remains challenging. Among those challenges, such system requires an enormous amount of commonsense knowledge to derive legal expertise. This paper describes the development of a negotiation decision support system (the Parenting Plan Support System or PPSS to support parents in drafting an agreement (the parenting plan for the exercise of parental custody of minor children after a divorce is granted. The main objective here is to discuss problems of framing an intuitively appealing and computationally efficient knowledge base that can adequately represent the indeterminate legal concept of the well-being of the child in the context of continental legal culture and of Polish law in particular. In addition to commonsense reasoning, interpretation of such a concept demands both legal expertise and significant professional knowledge from other domains.

  12. Social values and the corruption argument against financial incentives for healthy behaviour.

    Science.gov (United States)

    Brown, Rebecca C H

    2017-03-01

    Financial incentives may provide a way of reducing the burden of chronic diseases by motivating people to adopt healthy behaviours. While it is still uncertain how effective such incentives could be for promoting health, some argue that, even if effective, there are ethical objections that preclude their use. One such argument is made by Michael Sandel, who suggests that monetary transactions can have a corrupting effect on the norms and values that ordinarily regulate exchange and behaviour in previously non-monetised contexts. In this paper, I outline Sandel's corruption argument and consider its validity in the context of health incentives. I distinguish between two forms of corruption that are implied by Sandel's argument: efficiency corruption and value corruption While Sandel's thought-provoking discussion provides a valuable contribution to debates about health policies generally and health incentives specifically, I suggest the force of his criticism of health incentives is limited: further empirical evidence and theoretical reasoning are required to support the suggestion that health incentives are an inappropriate tool for promoting health. While I do not find Sandel's corruption argument compelling, this only constitutes a partial defence of health incentives, since other criticisms relating to their use may prove more successful. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

  13. Basic full-wave generalization of the real-argument Hermite-Gauss beam.

    Science.gov (United States)

    Seshadri, S R

    2010-05-01

    The linearly polarized real-argument Hermite-Gauss beam is investigated by the Fourier transform method. The complex power is obtained and the reactive power of the paraxial beam is found to be zero. The complex space source required for the full-wave generalization of the real-argument Hermite-Gauss beam is deduced. The resulting basic full real-argument Hermite-Gauss wave is determined. The real and the reactive powers of the full wave are evaluated. The reactive power of the basic full real-argument Hermite-Gauss wave is infinite, and the reasons for this singularity are described. The real power depends on kw(0), m, and n, where k is the wavenumber, w(0) is the e-folding distance of the Gaussian part of the input distribution, and m and n are the mode numbers. The variation in the real power with respect to changes in kw(0) for specified m and n as well as with respect to changes in m and n for a specified kw(0) is examined.

  14. Parole: Legal and penological analysis

    Directory of Open Access Journals (Sweden)

    Ignjatović Đorđe

    2016-01-01

    Full Text Available This paper firstly points out to historical and comparative state of parole in American and European law, which is an introduction into analysis of transformation in its regulation in criminal substantial, procedural and enforcement law in Serbia. Today there are two models (obligatory and discretionary of parole, which is allowed after 2/3 of the served sentence of imprisonment. At the same time special Code on prevention of sexual victimization of juveniles - contrary to the Criminal Code- abolishes a possibility of earlier release of all offenders of sexual crimes against juveniles. The author argues in favor of abolishment of parole prohibition for any category of offenders; restoration of the rule that half of the served sentence of imprisonment is a condition for consideration of request to be released on parole (only exceptionally for recidivists and those whose criminal habit has been proven conditional release would be allowed after 2/3 of served sentence; proposes specification of substantial requirements for approval; retention of solution that the court decides on conditional release, but with obligatory invitation of convicted person who would be entitled to comment on allegations made at hearing; judge for execution should also attend the procedure; an explanation must be justified by precise reasons which were decisive for the court; the appellate court should not only deal with formal aspects of procedure in deciding on contested verdict, but also with merits of arguments on which it is based; politicians should publicly explain the importance of parole in situations that make the public concerned because of media reporting about incidents in which conditionally released persons commit serious crimes; finally criminological sciences should be engaged in research that would help in searching for a suitable model of parole, which would be in accordance with international instruments and jurisprudence of the European Court of Human

  15. Logical Normativity and Common Sense Reasoning

    Directory of Open Access Journals (Sweden)

    Evandro Agazzi

    2011-04-01

    Full Text Available Logic, considered as a technical discipline inaugurated by Aristotle and typically represented by the variety of the modern logical calculi, constitutes a clarification and refinement of a conviction and practice present in common sense, that is, the fact that humans believe that truth can be acquired not only by immediate evidence, but also by means of arguments. As a first step logic can be seen as a “descriptive” record of the main forms of the arguments present in common sense, but the fact that some of these patterns can actually allow for the derivation of false consequences from true premises imposes the task of making explicit what patterns correspond to a “correct reasoning” and what not. At this point logic (that contains the presentation of such patterns appears endowed with a “normative” characteristic. This amounts to saying that logical calculi are intended to adequately mirror the intuitive notion of “logical consequence” and in this sense they cannot be totally arbitrary or conventional, but must satisfy certain basic requirements such as the conditions of soundness and (as far as possible of semantic completeness. In such a way they are “judged” according to the fundamental requirements present at the level of common sense and appear as “idealizations” of the kinds of reasoning practiced in common sense. For this reason also several kinds of logical calculi are fully justified since they make explicit in an idealized form the concrete ways of reasoning that are imposed by the particular domain of reference of the discipline in which they are used and which are basically recognized in common sense.

  16. Documents and legal texts

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following documents and legal texts: 1 - Brazil: Law No. 13,260 of 16 March 2016 (To regulate the provisions of item XLIII of Article 5 of the Federal Constitution on terrorism, dealing with investigative and procedural provisions and redefining the concept of a terrorist organisation; and amends Laws No. 7,960 of 21 December 1989 and No. 12,850 of 2 August 2013); 2 - India: The Atomic Energy (Amendment) Act, 2015; Department Of Atomic Energy Notification (Civil Liability for Nuclear Damage); 3 - Japan: Act on Subsidisation, etc. for Nuclear Damage Compensation Funds following the implementation of the Convention on Supplementary Compensation for Nuclear Damage

  17. Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2008-12-01

    Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

  18. "Overcrowding the Profession" – an Artificial Argument?

    Directory of Open Access Journals (Sweden)

    Eyal Katvan

    2013-07-01

    Full Text Available It has been claimed that Israel has the highest per capital rate of lawyers in the world, resulting in belief that the Israel Bar is overpopulated. The first law colleges, which were established 20 years ago, are newcomers to the production of legal professions. The leadership of the Israel Bar have held the law colleges responsible for Israel’s overpopulation of lawyers and for the legal profession’s decline in prestige. This paper examines whether the perception of overcrowding of the profession is a new “discovery” or rather the recycling of a standard dynamic between professionals and legal education institutions. While this paper focuses specifically on Israel, concern about the overpopulation of the profession has become a central concern in many other jurisdictions. Se ha asegurado que Israel tiene el ratio de abogados per cápita más alto del mundo, lo que hace creer que el Colegio de Abogados de Israel está superpoblado. Las primeras facultades de derecho, que se establecieron hace 20 años, son recién llegados de la producción de abogados. El liderazgo del Colegio de Abogados de Israel ha hecho que las facultades de derecho sean responsables de la superpoblación de abogados en Israel y del descenso del prestigio de la abogacía. Este artículo analiza si la percepción de superpoblación de la profesión es un nuevo “descubrimiento”, o, por el contrario, el reciclaje de una dinámica estándar entre profesionales e instituciones de formación en derecho. Aunque este artículo se centra especialmente en Israel, la superpoblación de la profesión se ha convertido en una preocupación central en muchas otras jurisdicciones.

  19. ["Rabies odontologica" Analysis of communications among dentists by legal means].

    Science.gov (United States)

    Wolf, M; Rosenberger, W

    2002-11-01

    The present study examines developments in the language used in protests, appeals and objections as lodged by patients and by attending dentists in regard to formal legal aspects and contents. The study is based on about 15,000 expert reports prepared by the Dental Services Department of the City of Wuppertal during the period from 1990 to 2001. The investigation reveals a considerable and growing discrepancy between the neutral and objective language qua legal proviso of the expert reports and the diction used in the objections, above all on the part of dentists. The authors propose a set of instruments to be used for legal analysis of texts and discuss possible reasons, including non-medical reasons, for the documented deplorable drop in standard of controversies among dentists in particular.

  20. Tides, torques and the timing argument

    International Nuclear Information System (INIS)

    Raychaudhury, S.; Lynden-Bell, D.

    1989-01-01

    The quadrupolar component of the gravitational field due to neighbouring galaxies at the barycentre of the Local Group is estimated. The tidal effect consists of an almost equal compression and extension along two principal axes, and of almost no effect along the third. The positive axis of the quadrupole component is aligned with the dipole component for galaxies within 10 Mpc of the Local Group. The nature of the binary orbit of the Andromeda galaxy and the Milky Way in the presence of this tidal field is investigated, and possible orbits are suggested. Though the tidal effects are appreciably strong, they hardly affect the mass of the Local Group derived from timing arguments. The direction along which Andromeda seems to have emerged from the Big Bang indicates that it was responsible for the orbit of the Magellanic Clouds about the Galaxy. The proper motion of Andromeda is predicted. (author)

  1. Agrotourism-Representative Issues And Pro Arguments

    Directory of Open Access Journals (Sweden)

    Ramona Ciolac

    2016-05-01

    Full Text Available Many governments from European Union recognize the fact that agrotourism and rural tourism represents one way that can save the agriculture in that in the coming year’s rural tourism and agrotourism will become representative elements for rural area, the arguments of this representativity being the purpose of this paper. The rural area offers great opportunities for development of agrotourism, practicing of its being necessary in the current period. At the majority of rural settlements, the defining emblematic is multiple: the quality of landscape and warmth of the inhabitants, works of art and popular technique, traditional occupations, costumes, customs, traditions, cuisine, resources, etc. To these is added also the awareness, by small farmers, of the need to diversify agricultural activity, both in and outside the farm, by engaging in other activities, with non-agricultural character, from which agrotourism is one of the most circulated.

  2. FUZZY LOGIC IN LEGAL EDUCATION

    Directory of Open Access Journals (Sweden)

    Z. Gonul BALKIR

    2011-04-01

    Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

  3. Caspian energy and legal disputes: prospects for settlement

    International Nuclear Information System (INIS)

    Ogutcu, Mehmet

    2003-01-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  4. Caspian energy and legal disputes: prospects for settlement

    Energy Technology Data Exchange (ETDEWEB)

    Ogutcu, Mehmet

    2003-07-01

    This paper aims to provide an overview of the Caspian energy prospects and politics on the global scene with a particular emphasis on the legal disputes and their impact on business operations. It also elaborates on the investment environment, the geopolitical stakes and country positions for each key player as they relate to the legal arguments that are randomly advanced according to the perceived national interests. Turkey position as a consumer, transit country and security provider for Caspian energy shipments in relation to other major players active in the region is also of special interest to the paper. The paper puts forth a series of ideas for reaching a settlement of the disputes in the Caspian region. (author)

  5. Effects of Instruction in Methodological Reasoning on Information Evaluation.

    Science.gov (United States)

    Leshowitz, Barry; DiCerbo, Kristen Eignor; Okun, Morris A.

    2002-01-01

    Describes an instructional program focusing on the application of causal reasoning and related principles of the scientific method to problems that occur in daily life. Reports the results of a capstone exercise that investigated the changes in students' beliefs towards legalization of marijuana after reading persuasive communications. (CMK)

  6. Negligence--When Is the Principal Liable? A Legal Memorandum.

    Science.gov (United States)

    Stern, Ralph D., Ed.

    Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

  7. Book Scarcity, Law Libraries and the Legal Profession in Nigeria.

    Science.gov (United States)

    Jegede, Oluremi

    1993-01-01

    Focuses on the origins of the reasons for the scarcity of books in law libraries and the legal profession in Nigeria. Publishing books locally with government assistance is advocated as a lasting solution, and cooperation and resource sharing among libraries is encouraged. (Contains 26 references.) (EAM)

  8. Cyberspace in the Curricula: New Legal and Ethical Issues.

    Science.gov (United States)

    Smethers, J. Steven

    1998-01-01

    Finds that most journalism and mass communication programs integrate legal and ethical issues surrounding cyberspace and interactive media into existing courses, especially into ethics and communication law courses, but also into introductory survey courses, communication technology, and reporting classes. Details reasons why some programs do not…

  9. The influence of power and reason on young Maya children's endorsement of testimony.

    Science.gov (United States)

    Castelain, Thomas; Bernard, Stéphane; Van der Henst, Jean-Baptiste; Mercier, Hugo

    2016-11-01

    Two important parenting strategies are to impose one's power and to use reasoning. The effect of these strategies on children's evaluation of testimony has received very little attention. Using the epistemic vigilance framework, we predict that when the reasoning cue is strong enough it should overcome the power cue. We test this prediction in a population for which anthropological data suggest that power is the prominent strategy while reasoning is rarely relied on in the interactions with children. In Experiment 1, 4- to 6-year-old children from a traditional Maya population are shown to endorse the testimony supported by a strong argument over that supported by a weak argument. In Experiment 2, the same participants are shown to follow the testimony of a dominant over that of a subordinate. The participants are then shown to endorse the testimony of a subordinate who provides a strong argument over that of a dominant who provides either a weak argument (Experiment 3) or no argument (Experiment 4). Thus, when the power and reasoning cues conflict, reasoning completely trumps power. © 2015 John Wiley & Sons Ltd.

  10. Calvin on Human Reason

    Directory of Open Access Journals (Sweden)

    Nicolaas Vorster

    2014-10-01

    Full Text Available In his recent book The Unintended Reformation, Brad Gregory makes the statement that the Reformation replaced the teleological social ethics of Roman Catholicism based on virtue with formal social ethics based on rules and enforced by magistrates, because they regarded human reason as too depraved to acquire virtue. The result, according to Gregory, is that the relation between internalised values and rules were undermined. This article asks whether this accusation is true with regard to Calvin. The first section discusses the intellectual environment of Calvin’s day – something that inevitably influenced his theory on reason, whilst the second part analyses Calvin’s view on the created nature of reason. The third section investigates Calvin’s view on the effects of sin on reason; and the fourth section discusses Calvin’s perspective on the relation between grace and reason. The article concludes that Gregory’s accusation against the Reformation is not applicable to Calvin. Gregory fails to take into account Calvin’s modified position that the imago Dei was not totally destroyed by sin as well as his teaching on common grace that maintains that even non-believers are able to acquire virtue through the common grace of God.

  11. Science Teachers' Analogical Reasoning

    Science.gov (United States)

    Mozzer, Nilmara Braga; Justi, Rosária

    2013-08-01

    Analogies can play a relevant role in students' learning. However, for the effective use of analogies, teachers should not only have a well-prepared repertoire of validated analogies, which could serve as bridges between the students' prior knowledge and the scientific knowledge they desire them to understand, but also know how to introduce analogies in their lessons. Both aspects have been discussed in the literature in the last few decades. However, almost nothing is known about how teachers draw their own analogies for instructional purposes or, in other words, about how they reason analogically when planning and conducting teaching. This is the focus of this paper. Six secondary teachers were individually interviewed; the aim was to characterize how they perform each of the analogical reasoning subprocesses, as well as to identify their views on analogies and their use in science teaching. The results were analyzed by considering elements of both theories about analogical reasoning: the structural mapping proposed by Gentner and the analogical mechanism described by Vosniadou. A comprehensive discussion of our results makes it evident that teachers' content knowledge on scientific topics and on analogies as well as their pedagogical content knowledge on the use of analogies influence all their analogical reasoning subprocesses. Our results also point to the need for improving teachers' knowledge about analogies and their ability to perform analogical reasoning.

  12. Beyond Construction: Five arguments for the role and value of critique in learning science

    Science.gov (United States)

    Henderson, J. Bryan; MacPherson, Anna; Osborne, Jonathan; Wild, Andrew

    2015-07-01

    This paper argues that science education has overemphasized the importance of construction at the expense of critique. In doing so, it draws on two key premises-Ford's argument that the construction of knowledge requires a dialectic between construction and critique and Mercier and Sperber's theory of argumentative reasoning that critique is essential for epistemic vigilance. Five separate cases are presented which argue that the absence of critique within school science limits the opportunities for students to engage in scientific reasoning making the learning of science less effective. These five arguments incorporate research literature surrounding the nature of science, epistemology, literacy, pedagogy, and motivation. Furthermore, we draw on data collected from cognitive think-aloud interviews to show that students can, with the appropriate prompts, engage in the important epistemic activity of critique. We conclude by examining the implications for the teaching and learning of science. In essence, we argue that the undervaluing of critique within the curriculum and pedagogy of school science results in a failure to develop the analytical faculties which are the valued hall mark of the practicing scientist; a misrepresentation of the nature of science; and, more importantly, a less effective learning experience. Critique, therefore, needs to play a central role in the teaching and learning of science.

  13. Consciousness regained? Philosophical arguments for and against reductive physicalism.

    Science.gov (United States)

    Sturm, Thomas

    2012-03-01

    This paper is an overview of recent discussions concerning the mind-body problem, which is being addressed at the interface between philosophy and neuroscience. It focuses on phenomenal features of consciousness or "qualia," which are distinguished from various related issues. Then follows a discussion of various influential skeptical arguments that question the possibility of reductive explanations of qualia in physicalist terms: knowledge arguments, conceivability arguments, the argument of multiple realizability, and the explanatory gap argument. None of the arguments is found to be very convincing. It does not necessarily follow that reductive physicalism is the only option, but it is defensible. However, constant conceptual and methodological reflection is required, alongside ongoing research, to keep such a view free from dogmatism and naivety.

  14. Scrutinizing Immutability: Research on Sexual Orientation and U.S. Legal Advocacy for Sexual Minorities.

    Science.gov (United States)

    Diamond, Lisa M; Rosky, Clifford J

    2016-01-01

    We review scientific research and legal authorities to argue that the immutability of sexual orientation should no longer be invoked as a foundation for the rights of individuals with same-sex attractions and relationships (i.e., sexual minorities). On the basis of scientific research as well as U.S. legal rulings regarding lesbian, gay, and bisexual (LGB) rights, we make three claims: First, arguments based on the immutability of sexual orientation are unscientific, given what we now know from longitudinal, population-based studies of naturally occurring changes in the same-sex attractions of some individuals over time. Second, arguments based on the immutability of sexual orientation are unnecessary, in light of U.S. legal decisions in which courts have used grounds other than immutability to protect the rights of sexual minorities. Third, arguments about the immutability of sexual orientation are unjust, because they imply that same-sex attractions are inferior to other-sex attractions, and because they privilege sexual minorities who experience their sexuality as fixed over those who experience their sexuality as fluid. We conclude that the legal rights of individuals with same-sex attractions and relationships should not be framed as if they depend on a certain pattern of scientific findings regarding sexual orientation.

  15. Case-based reasoning

    CERN Document Server

    Kolodner, Janet

    1993-01-01

    Case-based reasoning is one of the fastest growing areas in the field of knowledge-based systems and this book, authored by a leader in the field, is the first comprehensive text on the subject. Case-based reasoning systems are systems that store information about situations in their memory. As new problems arise, similar situations are searched out to help solve these problems. Problems are understood and inferences are made by finding the closest cases in memory, comparing and contrasting the problem with those cases, making inferences based on those comparisons, and asking questions whe

  16. Legal capital: an outdated concept

    OpenAIRE

    John Armour

    2006-01-01

    This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

  17. Socialisation to Interdisciplinary Legal Education

    DEFF Research Database (Denmark)

    Schäfke, Werner; Mayoral, Juan A.; Hvidt, Martine Stagelund

    2018-01-01

    This article provides novel empirical survey evidence on socialization factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on the legal scholarship and higher education legal institutions advocates for the introduction of interdisciplinary approaches to legal...... of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialization factors connected to their former higher education and socialization in research and multidisciplinary environments....

  18. Abortion in Iranian legal system: a review.

    Science.gov (United States)

    Abbasi, Mahmoud; Shamsi Gooshki, Ehsan; Allahbedashti, Neda

    2014-02-01

    Abortion traditionally means, "to miscarry" and is still known as a problem which societies has been trying to reduce its rate by using legal means. Despite the pregnant women and fetuses have being historically supported; abortion was firstly criminalized in 1926 in Iran, 20 years after establishment of modern legal system. During next 53 years this situation changed dramatically, so in 1979, the time of Islamic Revolution, aborting fetuses before 12 weeks and therapeutic abortion (TA) during all the pregnancy length was legitimate, based on regulations that used medical justification. After 1979 the situation changed into a totally conservative and restrictive approach and new Islamic concepts as "Blood Money" and "Ensoulment" entered the legal debates around abortion. During the next 33 years, again a trend of decriminalization for the act of abortion has been continuing. Reduction of punishments and omitting retaliation for criminal abortions, recognizing fetal and maternal medical indications including some immunologic problems as legitimate reasons for aborting fetuses before 4 months and omitting the fathers' consent as a necessary condition for TA are among these changes. The start point for this decriminalization process was public and professional need, which was responded by religious government, firstly by issuing juristic rulings (Fatwas) as a non-official way, followed by ratification of "Therapeutic Abortion Act" (TAA) and other regulations as an official pathway. Here, we have reviewed this trend of decriminalization, the role of public and professional request in initiating such process and the rule-based language of TAA.

  19. Response to 'Fear of death and the symmetry argument'

    Directory of Open Access Journals (Sweden)

    Natalja Deng

    Full Text Available ABSTRACT This article is a response to 'Fear of death and the symmetry argument', in this issue. In that article, the author discusses the above Lucretian symmetry argument, and proposes a view that justifies the existing asymmetry in our attitudes towards birth and death. I begin by distinguishing this symmetry argument from a different one, also loosely inspired by Lucretius, which also plays a role in the article. I then describe what I take to be the author's solution to the original symmetry argument (i.e. the one above and explain why I am unpersuaded by it.

  20. Fregego krytyka dowodu ontologicznego (FREGE'S CRITICISM OF THE ONTOLOGICAL ARGUMENT

    Directory of Open Access Journals (Sweden)

    Arkadiusz Gut

    2005-06-01

    Full Text Available The paper reconstructs Frege's criticism of the ontological argument for the existence of God on the basis of various remarks scattered in his writings. The material is organized in such a way as to: (a reveal a logical structure of the argument; (b show and discern various presupposition of a logical, semantical and ontological character; and (c indicate some essential weaknesses of the ontological argument. It is argued that Frege's critical commentaries on this argument are essentially connected to four solutions, stating that: (1 the difference between a name and a predicate is categorical; (2 the existential judgement possesses a different logical structure than the singular judgement; (3 in the characteristic of concepts marks and properties should be distinguished; (4 the ascription of number contains the statement about a concept. In order to make Frege's argumentation as understandable as possible it is confronted with Kant's criticism of ontological argument. The analysis carried on in the above-described way reveals a number of shortcomings which discredit the ontological argument. For example, the paper shows that the analysis of predication of oneness (Einzigkeit does not lead to the affirmation of God's existence. Moreover, it shows that in that argument the term God is used in two different semantic roles; that some theses that should constitute the argument's conclusion, are already assumed; and that sense-condition and truth-conditions are not distinguished.Other author's publications:

  1. Preservice Science Teachers' Epistemological Beliefs and Informal Reasoning Regarding Socioscientific Issues

    Science.gov (United States)

    Ozturk, Nilay; Yilmaz-Tuzun, Ozgul

    2017-12-01

    This study investigated preservice elementary science teachers' (PSTs) informal reasoning regarding socioscientific issues (SSI), their epistemological beliefs, and the relationship between informal reasoning and epistemological beliefs. From several SSIs, nuclear power usage was selected for this study. A total of 647 Turkish PSTs enrolled in three large universities in Turkey completed the open-ended questionnaire, which assessed the participants' informal reasoning about the target SSI, and Schommer's (1990) Epistemological Questionnaire. The participants' epistemological beliefs were assessed quantitatively and their informal reasoning was assessed both qualitatively and quantitatively. The findings revealed that PSTs preferred to generate evidence-based arguments rather than intuitive-based arguments; however, they failed to generate quality evidence and present different types of evidence to support their claims. Furthermore, among the reasoning quality indicators, PSTs mostly generated supportive argument construction. Regarding the use of reasoning modes, types of risk arguments and political-oriented arguments emerged as the new reasoning modes. The study demonstrated that the PSTs had different epistemological beliefs in terms of innate ability, omniscient authority, certain knowledge, and quick learning. Correlational analyses revealed that there was a strong negative correlation between the PSTs' certain knowledge and counterargument construction, and there were negative correlations between the PSTs' innate ability, certain knowledge, and quick learning dimensions of epistemological beliefs and their total argument construction. This study has implications for both science teacher education and the practice of science education. For example, PST teacher education programs should give sufficient importance to training teachers that are skillful and knowledgeable regarding SSIs. To achieve this, specific SSI-related courses should form part of science

  2. Datafication of Automated (Legal) Decisions

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    data machines may be able to (or are thought to be able to) make a prediction profile, leaving risks for individuals for being excluded from life and health insurances, being targets for computational policing etc. An additional dimension to the prefabricated decisions is the commercial aspect......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...

  3. Legal and political obstacles to smoke-free regulation in Minnesota regions.

    Science.gov (United States)

    Cork, Kerry; Forman, Carolyn

    2008-12-01

    As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.

  4. Argumentation Within Language as Subsidy for the Evaluation of Reading Practices and Production of Argumentative Texts

    Directory of Open Access Journals (Sweden)

    Lauro Gomes

    2016-12-01

    Full Text Available This paper aims to present an evaluation proposal of the performance in reading and writing dissertative-argumentative texts, based on principles and concepts from the theory of Argumentation in Language – created by Jean-Claude Anscombre and Oswald Ducrot, especially the version of the Theory of the Semantic Blocks and the works inspired by it. The goal is to create criteria which are capable of being less intuitive in judging the performance in reading and wrinting dissertative-argumentative texts. The analysis of the corpora – the Enem 2011’s composition proposal and 50 (fifty texts written by the students – and the test of the criteria of reading and writing evaluation in this work revealed practice funcionality and efficiency of criteria. The results allow these criteria to be applied in any evaluation processes of dissertative-argumenative texts. Finally, this paper offers theoretical and methodological subisdies which can help teachers and professors to qualify their teaching of reading and writing and the evaluation of student’s texts.

  5. Reason destroys itself

    CERN Multimedia

    Penrose, Roger

    2008-01-01

    "Do we know for certain that 2 lus 2 equals 4? Of course we don't. Maybe every time everybody in the whole world has ever done that calculation and reasoned it through, they've made a mistake." (1 page0

  6. Quantitative Algebraic Reasoning

    DEFF Research Database (Denmark)

    Mardare, Radu Iulian; Panangaden, Prakash; Plotkin, Gordon

    2016-01-01

    We develop a quantitative analogue of equational reasoning which we call quantitative algebra. We define an equality relation indexed by rationals: a =ε b which we think of as saying that “a is approximately equal to b up to an error of ε”. We have 4 interesting examples where we have a quantitative...

  7. Spatial Cognition and Reasoning.

    Science.gov (United States)

    1980-04-01

    reasoning has been conducted within the past twenty years. The bulk of this research has been in the area of environmental psychology (Lynch, 1960...New York: Basic Books, 1960. Proshansky, H., Ittelson, W., & Rivlin, L. Environmental psychology : Man and his physical setting. New York: Holt

  8. Reason and less.

    Science.gov (United States)

    Goel, Vinod

    2014-01-01

    We consider ourselves to be rational beings. We feel that our choices, decisions, and actions are selected from a flexible array of possibilities, based upon reasons. When we vote for a political candidate, it is because they share our views on certain critical issues. When we hire an individual for a job, it is because they are the best qualified. However, if this is true, why does an analysis of the direction of shift in the timbre of the voice of political candidates during an exchange or debate, predict the winner of American presidential elections? Why is it that while only 3% of the American population consists of white men over 6'4″ tall, 30% of the CEOs of Fortune 500 companies are white men over 6'4″ tall? These are examples of "instinctual biases" affecting or modulating rational thought processes. I argue that existing theories of reasoning cannot substantively accommodate these ubiquitous, real-world phenomena. Failure to recognize and incorporate these types of phenomena into the study of human reasoning results in a distorted understanding of rationality. The goal of this article is to draw attention to these types of phenomena and propose an "adulterated rationality" account of reasoning as a first step in trying to explain them.

  9. Reason and Less

    Directory of Open Access Journals (Sweden)

    Vinod eGoel

    2014-08-01

    Full Text Available We consider ourselves to be rational beings. We feel that our choices, decisions, and actions are selected from a flexible array of possibilities, based upon reasons. When we vote for a political candidate, it is because they share our views on certain critical issues. When we hire an individual for a job, it is be-cause they are the best qualified. However, if this is true, why does an analysis of the direction of shift in the timbre of the voice of political candidates during an exchange or debate, predict the winner of American presidential elections? Why is it that while only 3% of the American population consists of white men over 6'4 tall, 30% of the CEOs of Fortune 500 companies are white men over 6'4 tall? These are examples of instinctual biases affecting or modulating rational thought processes. I argue that existing theories of reasoning cannot substantively accommodate these ubiquitous, real-world phe-nomena. Failure to recognize and incorporate these types of phenomena into the study of human reasoning results in a distorted understanding of rationality. The goal of the article is to draw attention to these types of phenomena and propose an adulterated rationality account of reasoning to explain them.

  10. The Relationship of Discipline Background to Upper Secondary Students' Argumentation on Socioscientific Issues

    Science.gov (United States)

    Christenson, Nina; Chang Rundgren, Shu-Nu; Zeidler, Dana L.

    2014-08-01

    In the present STEM (Science, Technology, Engineering, and Mathematics)-driven society, socioscientific issues (SSI) have become a focus globally and SSI research has grown into an important area of study in science education. Since students attending the social and science programs have a different focus in their studies and research has shown that students attending a science program are less familiar with argumentation practice, we make a comparison of the supporting reasons social science and science majors use in arguing different SSI with the goal to provide important information for pedagogical decisions about curriculum and instruction. As an analytical framework, a model termed SEE-SEP covering three aspects (of knowledge, value, and experiences) and six subject areas (of sociology/culture, economy, environment/ecology, science, ethics/morality, and policy) was adopted to analyze students' justifications. A total of 208 upper secondary students (105 social science majors and 103 science majors) from Sweden were invited to justify and expound their arguments on four SSI including global warming, genetically modified organisms (GMO), nuclear power, and consumer consumption. The results showed that the social science majors generated more justifications than the science majors, the aspect of value was used most in students' argumentation regardless of students' discipline background, and justifications from the subject area of science were most often presented in nuclear power and GMO issues. We conclude by arguing that engaging teachers from different subjects to cooperate when teaching argumentation on SSI could be of great value and provide students from both social science and science programs the best possible conditions in which to develop argumentation skills.

  11. Criminal sanctions for legal enties: An instrument of crime control

    Directory of Open Access Journals (Sweden)

    Jovašević Dragan

    2016-01-01

    Full Text Available Although contemporary criminal law accepts the system of subjective criminal liability for a committed crime, numerous European legal documents as well as criminal laws, especially those that have been adopted lately, envisage exceptions from this system. Thus, a new form of criminal liability is being introduced: objective liability based on the causation. One of the forms of objective liability is the criminal liability of legal entities, which has been considered disputable for a long time. Obviously, legal entities cannot be held accountable for all types of criminal offences. They cannot be held liable on the grounds of legal provisions regarding mental competence and culpability (as the elements of subjective criminal liability, nor can they be imposed all types of criminal sanctions recognized in criminal legislation in general. In their new or revised criminal legislation, many countries have recognized and inagurated the objective criminal liability of legal persons for committed criminal offences alongside with the predominant system of subjective liability (based on the perpetrator's mental competence and culpability. It is indisputable that some legal entities (such as state authorities cannot be prosecuted and held liable in criminal proceedings; consequently, there are some exemptions from criminal liability (particularly when it comes to the state and state bodies, but it does not exclude criminal liability of responsible officials (natural persons for causing the consequences of a criminal offence. Due to the specific character of legal and contractual capacity of legal entities, law in general and criminal legislations in particular prescribe special legal grounds for establishing criminal liability of legal entities, which differ from the subjective liability of a natural person (perceived as a conscious and reasonable human being acting on his/her own free will where the consequence of a criminal offence is a result of one

  12. Regulatory and legal issues

    International Nuclear Information System (INIS)

    Raisler, K.M.; Gregory, A.M.

    1999-01-01

    This chapter focuses on the legal issues relating to the derivatives market in the USA, and analyses the Commodity Futures Trading Commission's (CFTCs) information on swaps and hybrid instruments. The law and regulation in the USA is examined and the jurisdictional reach of the Securities and Exchange Commission (SEC), CFTC, and the Commodity Exchange Act (CEA) is described. The forward contract exclusion and the case of Transnor (Bermuda) Ltd. versus BP North America Petroleum, state laws, swap policy statement issues by the CFTC, the Futures Trading Practices Act of 1992, swaps exemptions, the exemption of hybrid instruments from the CEA, and energy contract exemption are discussed. Enforceability, derivatives, and issues before regulators are considered

  13. Legal aspects of Brexit

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2016-12-01

    Full Text Available The Brexit referendum vote has mainly political implications and no direct legal effect. The article 50 of the Treaty on European Union allows member states to withdraw from the European Union in accordance with its own constitutional requirements. After the referendum is a period of two years from the british notice of intention to withdraw to negotiate terms of exit unless all the other member states agree to extend it. Article 50 put the balance of power firmly in the hands of the 27 other states more than the leaving state. After the time limit in article 50 is expiring, Europen Union in theory law ceases to apply in the United Kingdom. In the same time, separating European law from british national law will be an complicated process.

  14. Legal entities as subjects administrative responsibility

    OpenAIRE

    Гаврилова, Ілона Олександрівна; Університет державної фіскальної служби України

    2016-01-01

    In the article the features of the administrative liability of legal entities in Ukraine; The experience of foreign countries on the administrative liability of legal entities, proposed measures to improve the administrative and tort legislation on administrative liability of legal entities in Ukraine.The problems of liability of legal entities were always relevant and important for administrative and legal science. Legal entities, performing administrative and legal relationships, may commit...

  15. Reason, Culture, and Education

    DEFF Research Database (Denmark)

    Brock, Steen

    2017-01-01

    of education, seen as a matter of “taking steps” within a toolbox or platform generated by forms of teaching. Invoking Kierkegaard, I conclude that the educated person does not incarnate “an absolute difference” in relation to non-educated beings. The educated person is instead the embodiment of “a difference......” ,that is, of an individuality. Education is not taking the individual from A (barbarian state) to B (better having than not having); it is providing the platform for the possibility of the actuality of somebody´s “being at B”. The argument is: Teaching gives different individuals the same such platform......On the basis of first a critique of Bakhurst view on (respectively) the notion of “ the space of reasons”, “second nature” and “formation”, and second, Wittgenstein´s view on culture and education, I go into details about how one might apply Wittgensteinian thought within a new assessment...

  16. The Impact of Persona on the Success of Written Arguments.

    Science.gov (United States)

    Hill, Charles A.

    In a study, 52 first-year college students were asked to complete questionnaires about their attitudes about legalizing drugs. The students were to offer persona judgments about hypothetical authors arguing for and against legalization. Next, the participants were assigned to read and evaluate essays for and against legalization, and then were to…

  17. Arguments completed in suit over Internet censorship.

    Science.gov (United States)

    1996-05-31

    Closing remarks on the Communications Decency Act, requiring Internet providers to censor materials that may be unsuitable for minors, were heard on May 10, 1996. The American Civil Liberties Union (ACLU) is leading the challenge to the law. Because information about HIV necessarily must deal with sexual practices, HIV/AIDS service providers would be forced to either avoid talking about the subject or find ways to prevent minors from accessing the information. During the oral arguments, U.S. Justice Department attorney Anthony Coppolino tried to show that the Internet is more like a broadcast medium such as television or radio and is different from newspapers, which enjoy a constitutional protection against government censorship. ACLU attorney Christopher Hansen disagreed, saying the reverse is true. The ACLU said parental control mechanisms such as SurfWatch, Net Nanny, and Cyberpatrol are commercially available to parents who wish to restrict their children's Internet access and are more effective than the government's proposal. The court is expected to rule on the lawsuit in several weeks. An appeal to the U.S. Supreme Court is expected, regardless of the outcome.

  18. Scaling Arguments for Magnetically Affected Shock Experiments

    Science.gov (United States)

    Young, R. P.; Kuranz, C. C.; Li, C. K.; Hartigan, P.; Liao, A.; Froula, D.; Fiksel, G.; Ross, J. S.; Chang, P.-Y.; Manuel, M. J.-E.; Levesque, J. M.; Klein, S.; Zylstra, A.; Sio, H. W.; Barnak, D.

    2017-10-01

    In this talk we will discuss general scaling arguments applicable to magnetically affected shock experiments and their inherent challenges. This genre of experiments is rapidly growing and holds enormous promise for the field of laboratory astrophysics, but universally faces two basic constraints. First, the conditions must be right for a shock to form, and, second, the magnetic field strength must be strong enough to affect the structure and/or evolution of the shock. We will present the ramifications of these constraints, their effect on recent experiments we fielded, and current efforts underway to overcome them. This work is funded by the U.S. Department of Energy, through the NNSA-DS and SC-OFES Joint Program in High-Energy-Density Laboratory Plasmas, Grant Number DE-NA0002956, and the National Laser User Facility Program, Grant Number DE-NA0002719, and through the Laboratory for Laser Energetics, University of Rochester by the NNSA/OICF under Cooperative Agreement No. DE-NA0001944.

  19. Analysis of students’ mathematical reasoning

    Science.gov (United States)

    Sukirwan; Darhim; Herman, T.

    2018-01-01

    The reasoning is one of the mathematical abilities that have very complex implications. This complexity causes reasoning including abilities that are not easily attainable by students. Similarly, studies dealing with reason are quite diverse, primarily concerned with the quality of mathematical reasoning. The objective of this study was to determine the quality of mathematical reasoning based perspective Lithner. Lithner looked at how the environment affects the mathematical reasoning. In this regard, Lithner made two perspectives, namely imitative reasoning and creative reasoning. Imitative reasoning can be memorized and algorithmic reasoning. The Result study shows that although the students generally still have problems in reasoning. Students tend to be on imitative reasoning which means that students tend to use a routine procedure when dealing with reasoning. It is also shown that the traditional approach still dominates on the situation of students’ daily learning.

  20. Legal Principles and Legislative Instrumentalism

    NARCIS (Netherlands)

    Gribnau, J.L.M.; Soeteman, A.

    2003-01-01

    Instrumentalist legislation usually underestimates the importance of legal principles in modern law. Legal principles are the normative core of a value oriented conception of law. They function as essential criteria of evaluation for lawmaking by the legislator and the executive. In fact,

  1. Studying Legal Cultures and Encounters?

    DEFF Research Database (Denmark)

    Petersen, Hanne

    2015-01-01

    This article discusses the cultural and other turns in relation to legal culture and situates Western legal culture in context. It deals with concepts and their relations to trends and fashions and introduces methodological reflections such as use of interdisciplinary methods, personal experience...

  2. 78 FR 14079 - Legal Processes

    Science.gov (United States)

    2013-03-04

    ... United States Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request... Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and production...

  3. 75 FR 3893 - Legal Processes

    Science.gov (United States)

    2010-01-25

    ... Patent and Trademark Office Legal Processes ACTION: Proposed collection; comment request. SUMMARY: The... United States Patent and Trademark Office (USPTO). The rules for these legal processes may be found under 37 CFR Part 104, which outlines procedures for service of process, demands for employee testimony and...

  4. Legalizing Farmworkers: The 2002 Outlook.

    Science.gov (United States)

    Martin, Philip

    2002-01-01

    Discusses proposals for a new guest worker program with Mexico, reviewing characteristics of U.S. farmworkers, the current federal H-2A program for admitting legal guest workers for farm work, major proposals being debated to turn unauthorized into legal farmworkers, and new considerations after September 11 that may affect the negotiations. (SM)

  5. Legal risk management in shipping

    DEFF Research Database (Denmark)

    Siig, Kristina

    The book discusses the most typical legal challenges met in the chartering, broker, agent or port management part of the shipping industry. It discusses these issues in both English and Scandinavian law and gives indications on how to best ensure your legal risk management in these parts...

  6. Legal Quality, Inequality, and Tolerance

    DEFF Research Database (Denmark)

    Bjørnskov, Christian

    Previous findings suggest that income inequality leads to lower legal quality. This paper argues that voters' tolerance of inequality exerts an additional influence. Empirical findings suggest that inequality leads to lower legal quality due to its effect on trust while the tolerance of inequality...

  7. Argument Graph as a Tool for Promoting Collaborative Online Reading

    Science.gov (United States)

    Kiili, Carita

    2013-01-01

    This study explored how the construction of an argument graph promotes students' collaborative online reading compared to note-taking. Upper secondary school students ("n"?=?76) worked in pairs. The pairs were asked to search for and read source material on the Web for a joint essay and either construct an argument graph or take notes…

  8. Semantic types of some generic relation arguments: Detection and evaluation

    NARCIS (Netherlands)

    Katrenko, S.; Adriaans, P.

    2008-01-01

    This paper presents an approach to detection of the semantic types of relation arguments employing the WordNet hierarchy. Using the SemEval-2007 data, we show that the method allows to generalize relation arguments with high precision for such generic relations as Origin-Entity, Content-Container,

  9. Getting the Argument Started: A Variation on the Density Investigation

    Science.gov (United States)

    Walker, Joi P.; Wolf, Steven F.

    2017-01-01

    The ability to "engage in argument from evidence" is one of the eight practices identified in the "Next Generation Science Standards" as well as an emerging focus of undergraduate chemistry curricula. Guiding students to make evidence-based claims that engender argumentation will require faculty to revise conventional…

  10. Regulatory Evolution and Theoretical Arguments in Evolutionary Biology

    Science.gov (United States)

    Ioannidis, Stavros

    2013-01-01

    The "cis"-regulatory hypothesis is one of the most important claims of evolutionary developmental biology. In this paper I examine the theoretical argument for "cis"-regulatory evolution and its role within evolutionary theorizing. I show that, although the argument has some weaknesses, it acts as a useful example for the importance of current…

  11. Improving Argumentation through Goal Instructions in Asynchronous Online Discussions

    Science.gov (United States)

    Prudchenko, Yekaterina

    2014-01-01

    Argumentation incorporated into class discussions can improve students' problem solving skills and enhance their epistemic and conceptual understanding. Research indicates students sometimes need scaffolding such as goal instructions to improve their argumentation skills. This study examined the effectiveness of different types of goal…

  12. The Nifty Nine Arguments Against Affirmative Action in Higher Education.

    Science.gov (United States)

    Fish, Stanley

    2000-01-01

    Responds to nine common arguments against affirmative action, providing facts about each one. The arguments are that affirmative action is not needed; it is not working; it is not fair; it is not merit; it is reverse racism; it is group-think; it is quotas; it lowers self-esteem; and it provokes race consciousness. (SM)

  13. Rap and Technology Teach the Art of Argument

    Science.gov (United States)

    Fink, Rosalie

    2017-01-01

    How can teachers integrate rap and technology strategies to teach students with learning disabilities the art of persuasive argument writing? This teacher research study presents creative new approaches for teaching argument writing. Strategies used in the study helped college freshmen with learning disabilities (LD) succeed in developing…

  14. Perceptions of the Qualities of Written Arguments by Japanese Students

    Science.gov (United States)

    Suzuki, Shinobu

    2011-01-01

    This study examines how Japanese students perceive the qualities of written arguments that were constructed to have different forms. Based on the theoretical dimensions of verbal communication styles that Gudykunst and Ting-Toomey (1988) proposed, the research questions asked whether the respondents would perceive direct arguments to be of higher…

  15. Argupolis: a doctoral program on argumentation practices in different contexts

    NARCIS (Netherlands)

    van Eemeren, F.H.; Greco Morasso, S.; Grossen, M.; Perret-Clermont, A.-N.; Rigotti, E.

    2009-01-01

    Argumentation is a form of communicative interaction by means of which social realities - institutions, groups and relationships - are construed and managed. People develop argumentation in numerous purposeful activities: to make sound and well-thought decisions, to critically found their opinions,

  16. Improving Undergraduates' Argumentative Group Essay Writing through Self-Assessment

    Science.gov (United States)

    Fung, Yong Mei; Mei, Hooi Chee

    2015-01-01

    When writing an argumentative essay, writers develop and evaluate arguments to embody, initiate, or simulate various kinds of interpersonal and textual interaction for reader consideration (Wu & Allison, 2003). This is quite challenging for English as a second language (ESL) learners. To improve the quality of their writing, students need to…

  17. Using History and Philosophy of Science to Promote Students' Argumentation

    Science.gov (United States)

    Archila, Pablo Antonio

    2015-01-01

    This article describes the effect of a teaching-learning sequence (TLS) based on the discovery of oxygen in promoting students' argumentation. It examines the written and oral arguments produced by 63 high school students (24 females and 39 males, 16-17 years old) in France during a complete TLS supervised by the same teacher. The data used in…

  18. Social Media: How the Next Generation Can Practice Argumentation

    Science.gov (United States)

    Rowland, Amber; Craig-Hare, Jana; Ault, Marilyn; Ellis, James; Bulgren, Janis

    2017-01-01

    In this article the authors share how social media, paired with gaming and in-class supports, can facilitate the practice of scientific argumentation and report data that show how students can learn and practice argumentation through these highly interactive and engaging mediums. Social media will continue to evolve and fluctuate in popularity,…

  19. Assisting Students with Argumentation Plans when Solving Problems in CSCL

    Science.gov (United States)

    Monteserin, Ariel; Schiaffino, Silvia; Amandi, Analia

    2010-01-01

    In CSCL systems, students who are solving problems in group have to negotiate with each other by exchanging proposals and arguments in order to resolve the conflicts and generate a shared solution. In this context, argument construction assistance is necessary to facilitate reaching to a consensus. This assistance is usually provided with isolated…

  20. Visualising Knowledge from Chat Debates in Argument Diagrams

    Science.gov (United States)

    Salminen, T.; Marttunen, M.; Laurinen, L.

    2010-01-01

    This study investigates whether combining chat discussion and construction of an argument diagram stimulates students to formulate new ideas in practising argumentation. In this study, 16 secondary school students discussed vivisection and gender equality in pairs using both free and structured chat tools. In structured chat, the students selected…