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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. Modelling Legal Argument: Reasoning with Cases and Hypotheticals

    Science.gov (United States)

    1988-02-01

    case- based reasoning plays an important role in such diverse domains as law [Levi, 1949), historical political analysis [Neustadt and May, 1986; Alker...contained information on physical, economic and political disputes and common mediation 5 tactics, their failures and corrections for those failures...library of 13 Wall Street. He had opera tickets in his pocket for 8:00 that night - "Pagliacci" - and his socialite fiance and her parents were to

  3. 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...

  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. Improving practical reasoning and argumentation

    OpenAIRE

    Baumtrog, Michael David

    2015-01-01

    This thesis justifies the need for and develops a new integrated model of practical reasoning and argumentation. After framing the work in terms of what is reasonable rather than what is rational (chapter 1), I apply the model for practical argumentation analysis and evaluation provided by Fairclough and Fairclough (2012) to a paradigm case of unreasonable individual practical argumentation provided by mass murderer Anders Behring Breivik (chapter 2). The application shows that by following t...

  6. 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.

  7. Defeasibility in Legal Reasoning

    OpenAIRE

    SARTOR, Giovanni

    2009-01-01

    I shall first introduce the idea of reasoning, and of defeasible reasoning in particular. I shall then argue that cognitive agents need to engage in defeasible reasoning for coping with a complex and changing environment. Consequently, defeasibility is needed in practical reasoning, and in particular in legal reasoning

  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. Argumentation, rationality, and psychology of reasoning

    Directory of Open Access Journals (Sweden)

    David Godden

    2015-05-01

    Full Text Available This paper explicates an account of argumentative rationality by articulating the common, basic idea of its nature, and then identifying a collection of assumptions inherent in it. Argumentative rationality is then contrasted with dual-process theories of reasoning and rationality prevalent in the psychology of reasoning. It is argued that argumentative rationality properly corresponds only with system-2 reasoning in dual-process theories. This result challenges the prescriptive force of argumentative norms derives if they derive at all from their descriptive accuracy of our cognitive capacities. In response, I propose an activity-based account of reasoning which retains the assumptions of argumentative rationality while recontextualizing the relationship between reasoning as a justificatory activity and the psychological states and processes underlying that activity.

  10. 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

  11. 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

  12. Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

    NARCIS (Netherlands)

    Feteris, E.T.

    2017-01-01

    This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

  13. Legal argumentation and judicial decision making: Empirical evidence from Ecuador

    Directory of Open Access Journals (Sweden)

    José Luis Castro-Montero

    2018-05-01

    Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

  14. Reasoning by Argumentation. Social Studies Learning Milestone 4.

    Science.gov (United States)

    Voss, James F.

    This paper is concerned with the importance of argumentation in the classroom, especially in relation to the social sciences. Issues of argument and argument evaluation are considered. The paper analyzes the nature of such reasoning and indicates its importance in subject matter learning. Three situations are described in the paper in which…

  15. Reinterpreting arguments in dialogue : an application to evidential reasoning

    NARCIS (Netherlands)

    Bex, F.J.; Prakken, H.; Gordon, T.F.

    2004-01-01

    This paper presents a formalisation of two typical legal dialogue moves in a formal dialogue game for argumentation. The moves concern two ways of reinterpreting a general rule used in an argument, viz. by 'unpacking' and 'refining' the rule. The moves can be made not only by the user but also by

  16. Scaring the Public: Fear Appeal Arguments in Public Health Reasoning

    Directory of Open Access Journals (Sweden)

    Louise Cummings

    2012-03-01

    Full Text Available The study of threat and fear appeal arguments has given rise to a sizeable literature. Even within a public health context, much is now known about how these arguments work to gain the public’s compliance with health recommendations. Notwithstanding this level of interest in, and examination of, these arguments, there is one aspect of these arguments that still remains unexplored. That aspect concerns the heuristic function of these arguments within our thinking about public health problems. Specifically, it is argued that threat and fear appeal arguments serve as valuable shortcuts in our reasoning, particularly when that reasoning is subject to biases that are likely to diminish the effectiveness of public health messages. To this extent, they are rationally warranted argument forms rather than fallacies, as has been their dominant characterization in logic.

  17. 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

  18. Fallacious Argumentation in Student Reasoning: Are There Benefits?

    Science.gov (United States)

    Mueller, Mary; Yankelewitz, Dina

    2014-01-01

    This article reports on an analysis of episodes of invalid or controversial arguments that occurred while two different groups of students worked on similar fraction tasks and examine the role that these types of arguments played in the development of students' reasoning. One group consisted of suburban, middle-class, fourth graders who worked on…

  19. 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…

  20. Argumentation from reasonableness in the justification of judicial decisions

    NARCIS (Netherlands)

    Feteris, E.T.; Bustamante, T.; Dahlman, C.

    2015-01-01

    In legal decision-making reasonableness plays an important role. In the literature, generally speaking, there is a consensus that reasonableness as a norm for judges in the application of law implies that they take into account a combination of different considerations of a normative and factual

  1. 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 ...

  2. 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

  3. The biased use of argument evaluation criteria in motivated reasoning; Does argument quality depend on the evaluators' standpoint?

    NARCIS (Netherlands)

    Hoeken, J.A.L.; Van Vugt, M.

    2016-01-01

    People without a background in argumentation theory possess several criteria to distinguish strong from weak arguments. The fact that people have these criteria does not imply that they will use them to objectively assess the quality of an argument. Research on motivated reasoning suggests that

  4. 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...

  5. How clear is transparent? Reporting expert reasoning in legal cases

    NARCIS (Netherlands)

    Sjerps, M.J.; Berger, C.E.H.

    2012-01-01

    Experts providing evidence in legal cases are universally recommended to be transparent, particularly in their reasoning, so that legal practitioners can critically check whether the conclusions are adequately supported by the results. However, when exploring the practical meaning of this

  6. 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…

  7. 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

  8. 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

  9. 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

  10. 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…

  11. Modeling the Effects of Argument Length and Validity on Inductive and Deductive Reasoning

    Science.gov (United States)

    Rotello, Caren M.; Heit, Evan

    2009-01-01

    In an effort to assess models of inductive reasoning and deductive reasoning, the authors, in 3 experiments, examined the effects of argument length and logical validity on evaluation of arguments. In Experiments 1a and 1b, participants were given either induction or deduction instructions for a common set of stimuli. Two distinct effects were…

  12. 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.

  13. Others and Imagination in Reasoning and Argumentation: Improving our Critical Creative Capacity

    OpenAIRE

    Michael D. Baumtrog

    2017-01-01

    Contemporary argumentation theories highlight the importance of Others for contributing to and critiquing an individual’s reasoning and/or argumentation. Reasoners and arguers are encouraged to interact with imagined constructs such as a community of model interlocutors or universal audience. These model interlocutors are theoretically meant to bring to mind reasons and counter-considerations that may not have been conceived of otherwise so as to improve the overall quality of an instance of ...

  14. An Argumentation-Based Approach to Normative Practical Reasoning

    OpenAIRE

    Shams, Zohreh

    2015-01-01

    Autonomous agents operating in a dynamic environment must be able to reason about their actions in pursuit of their goals. An additional consideration for such agents is that their actions may be constrained by norms that aim at defining an acceptable behaviour for the agents. The inclusion of normative reasoning into practical reasoning is derived from the necessity for effective mechanisms that regulate an agent’s behaviour in an open environment without compromising their autonomy. However...

  15. 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…

  16. 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

  17. Strategies to Support Ethical Reasoning in Student Argumentation

    Science.gov (United States)

    Carlton Griswold, Joan; Ting Chowning, Jean

    2013-01-01

    This article discusses the importance and benefits of incorporating ethics\tinto the classroom and presents five strategies that both scaffold students'\tunderstanding of ethical issues and support students' abilities to come to a reasoned and well-supported decision about those issues. (Contains 1 table and 4 notes.)

  18. Others and Imagination in Reasoning and Argumentation: Improving our Critical Creative Capacity

    Directory of Open Access Journals (Sweden)

    Michael D. Baumtrog

    2017-06-01

    Full Text Available Contemporary argumentation theories highlight the importance of Others for contributing to and critiquing an individual’s reasoning and/or argumentation. Reasoners and arguers are encouraged to interact with imagined constructs such as a community of model interlocutors or universal audience. These model interlocutors are theoretically meant to bring to mind reasons and counter-considerations that may not have been conceived of otherwise so as to improve the overall quality of an instance of reasoning or argumentation. Overlooked, however, is the impact of differing individual’s imaginative abilities. This paper argues that more important than relying on an Other, real or imagined, reasoners and arguers would do just as well to improve their own creative abilities first. Consulting a real or imagined Other may help in some cases help, but such a strong reliance on Others comes with serious limitations.

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

    Directory of Open Access Journals (Sweden)

    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.

  20. The Effectiveness of Reason Racer, a Game Designed to Engage Middle School Students in Scientific Argumentation

    Science.gov (United States)

    Ault, Marilyn; Craig-Hare, Jana; Frey, Bruce; Ellis, James D.; Bulgren, Janis

    2015-01-01

    Reason Racer is an online, rate-based, multiplayer game that applies specific game features in order to engage middle school students in introductory knowledge of and thinking related to scientific argumentation. Game features include rapid and competitive play, timed performance, immediate feedback, and high rates of response across many…

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

    Directory of Open Access Journals (Sweden)

    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

  2. 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.

  3. 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.

  4. 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

  5. THE EFFECT OF SUMMARIZATION INSTRUCTIONAL STRATEGIES AND PRESENTATION FORMATS ON THE OUTCOMES OF HISTORICAL ARGUMENTATIVE REASONING

    Directory of Open Access Journals (Sweden)

    Susanto Yunus Alfian

    2014-07-01

    Full Text Available The purpose of this research is to examine the effects of summarization instructional strategies and presentation formats on the learning outcomes of history argumentative reasoning. This study is designed as a factorial design. The subjects were the students enrolled in four state-owned sehior high school in Malang Regency. The main conclusions are presented as follow: (1 A significant difference existed for students who used the cause-effect graphic organizer summarization strategy to answer history argumentative reasoning post-test questions when compared to the written summarizing strategy, (2 There is no difference between those who were presented with present-subheadings presentation format and those who were presented absent-subheadings on answering history argumentative reasoning posttest questions, and (3 There is a significant interaction between the summarization instructional strategies and the presentation formats. The students who used cause-effect graphic organizer summarization strategy and were given with the present-subheadings presentation format significantly outperformed in the historical  argumentative reasoning post-test scores than the other groups (graphic organizer and absent-subheadings group, written summarizing and with-subheadings group, and written summarizing and without-subheadings group.Key Words:  summarization instructional strategy, presentation format, cause-effect graphic organizer, written summarizing, present-subheadings, historical argumentative reasoning.Tujuan dari penelitian ini adalah untuk mengetahui pengaruh strategi pembelajaran summarization dan format presentasi tentang hasil belajar sejarah penalaran argumentatif. Penelitian ini dirancang sebagai desain faktorial. Subjek penelitian adalah siswa terdaftar di empat sekolah SMA di Kabupaten Malang. Kesimpulan utama disajikan sebagai berikut: (1 Sebuah perbedaan yang signifikan ada bagi siswa yang menggunakan strategi peringkasan untuk menjawab

  6. 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.

  7. 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.

  8. Prudential Versus Probative Arguments for Religious Faith: Descartes and Pascal on Reason and Faith

    Directory of Open Access Journals (Sweden)

    Dennis Sansom

    2017-07-01

    Full Text Available In this article, I show that Pascal’s prudential agenda, centered on the Wager, more successfully overcomes the restrictions of Pyrrhonic skepticism expressed by Montaigne than Descartes’ probative philosophy, which was based on his “ontological argument” for God’s existence. Descartes’ attempt to base natural science on the metaphysical certainty of a non-deceiving God fails because he cannot prove that a non-deceiving Perfect Being is a “clear and distinct” idea. Pascal’s attempt to base the knowledge of God upon the “reasons of the heart” accepts the epistemological restrictions of skepticism but provides a reason to develop passionate faith, thereby overcoming skepticism. I also show that Descartes and Pascal had different assumptions about the workings of the mind; Descartes relied on a model of the mind as a “theater,” which hindered his agenda, and Pascal upon a “holistic” model, which enabled him to make a prudential argument which was cognitively convincing.

  9. 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...... 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....

  10. Some Clarifications about the Argumentative Theory of Reasoning. A Reply to Santibáñez Yañez (2012.

    Directory of Open Access Journals (Sweden)

    Hugo Mercier

    2012-06-01

    Full Text Available In “Mercier and Sperber’s Argumentative Theory of Reasoning: From Psychology of Reasoning to Argumentation Studies” (2012 Santibáñez Yañez offers constructive comments and criticisms of the argumentative theory of reasoning. The purpose of this reply is twofold. First, it seeks to clarify two points broached by Yanez: (1 the relation between reasoning (in this specific theory and dual process accounts in general and (2 the benefits that can be derived from reasoning and argumentation (again, in this specific theory. Second, it suggests one domain—the categorization of arguments—in which argumentation studies and the argumentative theory of reasoning could usefully complement each other to yield a better understanding of the processes of argumentation.

  11. 3. RO Badru and TR Eegunlusi Colonial Legal Reasoning pp.11-39

    African Journals Online (AJOL)

    REGINALDS

    Glossary. Epistemology: a branch of philosophy which focuses on a critical and systematic ..... very slender accomplishments, like a parrot, who speaks a few words .... Colonial Legal Reasoning and African Metaphysical Epistemology 25.

  12. Argumentative Writing in Pre-Adolescents: The Role of Verbal Reasoning

    Science.gov (United States)

    Nippold, Marilyn A.; Ward-Lonergan, Jeannene M.

    2010-01-01

    Argumentative writing is a challenging communication task that calls upon sophisticated cognitive and linguistic abilities. Pre-adolescents (n = 80; mean age = 11;10; range = 10;6-13:5) were asked to write an argumentative essay on the controversial topic of training animals to perform in circuses. Additionally, they were asked to solve a set of…

  13. Disgust and biological descriptions bias logical reasoning during legal decision-making.

    Science.gov (United States)

    Capestany, Beatrice H; Harris, Lasana T

    2014-01-01

    Legal decisions often require logical reasoning about the mental states of people who perform gruesome behaviors. We use functional magnetic resonance imaging (fMRI) to examine how brain regions implicated in logical reasoning are modulated by emotion and social cognition during legal decision-making. Participants read vignettes describing crimes that elicit strong or weak disgust matched on punishment severity using the US Federal Sentencing Guidelines. An extraneous sentence at the end of each vignette described the perpetrator's personality using traits or biological language, mimicking the increased use of scientific evidence presented in courts. Behavioral results indicate that crimes weak in disgust receive significantly less punishment than the guidelines recommend. Neuroimaging results indicate that brain regions active during logical reasoning respond less to crimes weak in disgust and biological descriptions of personality, demonstrating the impact of emotion and social cognition on logical reasoning mechanisms necessary for legal decision-making.

  14. 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...

  15. A study of accrual of arguments, with applications to evidential reasoning

    NARCIS (Netherlands)

    Prakken, Henry

    2006-01-01

    This paper presents a logical formalisation of accrual of arguments as a form of inference. The formalisation is given within the logical framework of Dung as instantiated by Pollock, and is shown to satisfy three principles that any treatment of accrual should satisfy. The formalisation of accrual

  16. The Use of Extra-Legal Arguments in the Judicial Interpretation of European Contract Law: A Case Study on Aziz v Catalunyacaixa (CJEU, 14 March 2013, Case C-415/11)

    NARCIS (Netherlands)

    Mańko, R.

    2015-01-01

    The Court of Justice of the EU (CJEU) is well known for its preference for extra-legal legal arguments over intra-legal ones. Indeed, in the CJEU’s interpretive practice, as a rule, linguistic arguments give way to systemic and teleological ones, and the Court’s prevalent approach favours policy

  17. 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.

  18. Intellectual property arguments in tobacco industry legal challenges: lessons from recently concluded cases

    Directory of Open Access Journals (Sweden)

    Suzanne Zhou

    2018-03-01

    A substantial body of jurisprudence now confirms that IP does not provide the scope of protection commonly claimed by the industry. Tobacco control practitioners faced with such arguments can be confident that they are unfounded. Country / measure / jurisdiction Australia - plain packaging (WTO dispute settlement system Australia - plain packaging (High Court of Australia Australia - plain packaging (investor-state arbitration Uruguay - restrictions on brand variants and 80% graphic health warnings (investor-state arbitration United Kingdom - standardised packaging (Court of Appeal of England and Wales IP issues Obligation to provide certain trademark protections under TRIPS Protection of trademark as property under constitution Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Obligation to provide certain trademark protections under TRIPS and EU law; protection of trademark as property under European and UK law Decided in favour of Pending, reportedly Australia Australia, 2012 Australia, 2015 (dismissed at jurisdictional stage Uruguay, 2016 United Kingdom, 2016 Positive right to use trademark? Pending, point conceded as 'no' by complainants No Not decided No No Public health justification Pending Not applicable Not decided Yes Yes [Recent cases raising trademark issues

  19. Negligence and the legal standard of care: what is 'reasonable' conduct?

    Science.gov (United States)

    Miola, José

    Medical negligence has become a big issue for medical practitioners. Fear of the law, and of litigation, has led to claims of defensive medical practice among doctors and nurses. At the heart of this lies the legal definition of the standard of care, where the law seeks to determine when conduct is 'reasonable' (and thus not negligent), or 'unreasonable' (and thus a breach of the legal duty of care and potentially negligent). In this article the author clarifies what the law means by 'reasonableness' with respect to nurses, drawing on both the law and the NMC Code. Furthermore, the article shall demonstrate that the law is not something to be fearful of but, rather, demands a standard no higher than that of the NMC.

  20. 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.

  1. ["Reasonable cause"--an undefined legal term for the justification of the killing of equids].

    Science.gov (United States)

    Deegen, E

    2008-03-01

    Killing of a vertebrate animal in Germany is allowed or not punishable only if a "reasonable cause" can be identified (Article 17 No. 1 TierSchG). A legal definition of the term "reasonable cause" does not exist. Currently the following definitions of the "reasonable cause" for the killing of equids are accepted: 1. Slaughter (in accordance with the equid pass and waiting periods) reasonable cause: Food production, initiated by the owner's desire. The requirements for slaughter of a sick animal or an emergency slaughter are defined through EU-legislations. 2. Euthanasia (in its original meaning) Reasonable cause: a) Compassion, initiated through medical indication b) scientific purposes (experimental animals) initiated through governmental authorization of a research request c) Epidemiological reasons initiated through veterinary legislative measures. According to the law for the protection of animals (TierSchG) "non curable pain or suffering" is a prerequisite for the killing of an animal because of a medical indication. Presuming an adequate knowledge base of the veterinarian this should leave enough room for an adequate medically reasoned decision. However, both a faulty veterinary explanation of a reasonable cause and an undue delay of the euthanasia (follow Article 17) can lead to an illegal punishable act (severe pain or suffering). Examples of veterinary medical indications for euthanasia will be presented. In addition, the question whether euthanasia can be considered as an alternative to treatment will be discussed. Finally, the more restrictive interpretations of the "reasonable cause" put forth by insurance companies will be explained. Future higher court decisions should lead to an adaptation of the insurance companies' interpretations of the "reasonable cause" to the outline presented above.

  2. 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.

  3. 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

  4. 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

  5. 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…

  6. Legitimization Arguments for Procedural Reforms: a semio-linguistic analysis of statement of reasons from the Civil Procedure Code of 1939 and of the draft bill of the New Civil Procedure Code of 2010.

    Directory of Open Access Journals (Sweden)

    Matheus Guarino Sant’Anna Lima de Almeida

    2016-08-01

    Full Text Available This research aims to analyze the arguments of legitimization that were used in the reform of Brazilian procedural legal codes, by comparing the texts of the statement of reasons of the Civil Procedure Code of 1939 and the draft bill of the New Civil Procedure Code. We consider these codes as milestones: the Civil Procedure Code of 1939 was the first one with a national scope; the draft bill of the New Civil Procedure Code was the first one produced during a democratic period. Our goal is to search for similarities and contrasts between the legitimization arguments used in each historical and political period, by asking if they were only arguments to bestow legitimacy to such reforms. We decided to use the methodological tools of sociolinguistic analysis of speech developed by Patrick Charaudeau in his analyses of political speech in order to elucidate how the uses of language and elements of meaning in the speech construction provide justification for the concept of procedure, in both 1939 and 2010. As a result, we conclude that the process of drafting the CPC of 1939 and the New CPC, even if they are very distant in terms of political and historical contexts, they are also very close in their rhetorical construction and their attempt to find justification and adherence. On balance, some of the differences depend on the vocabulary used when the codes were developed, their justification and the need for change. 

  7. A Legal Reasoning Component of a Network Security Command and Control System

    Science.gov (United States)

    2010-03-01

    United States Code VA Vulnerability Assessment VLC Virtual Legal Cell xv ACKNOWLEDGMENTS The authors would like to humbly thank Professor Bret...cyberspace environment. In this thesis, the authors address the information warrior’s challenge of obtaining just-in-time legal advice. They...PROPOSED VIRTUAL DYNAMIC LEGAL CELL One of the challenges in cyberspace is to define and detect a hostile act or the use of force. Another major

  8. 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.

  9. "...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.

  10. "...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

  11. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    OpenAIRE

    Lavinia ONICA CHIPEA

    2014-01-01

    The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying th...

  12. 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…

  13. Arguments for Sustaining the Need to Modify the Legal Status Regarding the Mutual Consent Settlement of Individual Labour Conflicts

    Directory of Open Access Journals (Sweden)

    Lavinia ONICA CHIPEA

    2014-03-01

    Full Text Available The paper aims to identify and itemize the concrete way of intervention regarding the settlement of individual labor conflicts, in the Romanian legal system, through alternative ways. In full agreement with the previous Romanian legislation and with the examples provided by compared legislation, we consider necessary to establish a conciliation commission for each employer, whose main role will be trying to solve the dispute between the parties in a prior stage before notifying the competent court. It also emphasizes the appropriate legislative intervention in order to rethink the concepts of regulation contained in article 38 of the Labour Code and to increase the possibility of widespread use of mediation in individual labour disputes. The study also highlights the need to correct the legislative gap created by repealing Art. 76 of Law no. 168/1999 on the settlement of labor disputes, which was actually the only norm of labor law which expressly and directly referred to the amicable settlement procedure of individual labor conflicts. The formulated proposals may provide the legislator support in the course of perfecting, at the level of regulation, the process of specialization of labor jurisdiction in the Romanian legal system.

  14. Pregnancies and Fetal Anomalies Incompatible with Life in Chile: Arguments and Experiences in Advocating for Legal Reform.

    Science.gov (United States)

    Casas, Lidia; Vivaldi, Lieta

    2017-06-01

    Chile allows abortion under no circumstances. Whether it's fetal anomaly incompatible with life or congenital malformation resulting in little or no life expectancy, all Chilean women are expected to carry their pregnancies to term. In this context, in January 2015 the Chilean Congress began debating a bill to legalize abortion on three grounds, including fatal congenital malformation. The medical community, including midwives, has presented its views for and against, especially on how the law may affect clinical practices; in addition, women, many of whom have experienced a fatal congenital malformation diagnosis, have weighed in. This qualitative study draws on 22 semi-structured interviews with nine certified nurse-midwives, one neonatologist, nine obstetrician-gynecologists, one psychiatrist, one psychologist, and one sociologist who provide care during gestation, pregnancy, delivery, and post-delivery in the public and private sectors, plus three interviews with two women and the former partner of a woman who underwent the experience. These interviews starkly illustrate the plight facing women carrying nonviable fetuses, including women's shock upon receiving the diagnosis, their feelings of bereavement and loss, and the clinical practices used in an attempt to ease their suffering under the weight of exceedingly difficult legal restrictions. These interviews confirmed that compelling women to carry nonviable fetuses to term violates their human rights. They also show that the chances of legislative change are real and that such change will present new challenges to the Chilean health care system.

  15. Three Arguments for Lotteries

    OpenAIRE

    STONE, PETER

    2010-01-01

    PUBLISHED Philosophers and social scientists have offered a variety of arguments for making certain types of decisions by lot. This paper examines three such arguments. These arguments identify indeterminacy, fairness and incentive effects as the major reasons for using lotteries to make decisions. These arguments are central to Jon Elster?s study of lottery use, Solomonic judgments (1989), and so the paper focuses upon their treatment in this work. Upon closer examination, all three argum...

  16. Reasons for omission of enforcement of an administrative judge's verdict and means of legal protection

    Directory of Open Access Journals (Sweden)

    Alen Rajko

    2015-01-01

    Full Text Available Besides general repercussions of an omission of enforcement of court decisions on the protection of the rights of the parties and on the functioning of the legal system, such an omission in the administrative dispute has additional implications, related primarily to the realization of the constitutional guarantee of judicial review of administrative decisions, the concept of separation of powers, construction of a democratic state, etc. After general considerations of the matter of enforcement of court decisions, the author analyzes the normative framework of the enforcement of judgments of the administrative courts, as well as the evolution of this framework, points out the open questions regarding mentioned regulation, as well as the means of legal protection in case of an omission of enforcement of the verdict.

  17. 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…

  18. Some medical and biological reasons of drunkenness and alcoholism and feature of their medico-legal establishment

    Directory of Open Access Journals (Sweden)

    Г. А. Білецька

    2014-12-01

    Full Text Available The article is sanctified to some вiomedical questions of reasons of drunkenness and alcoholism, and also features of their establishment in practice of medico-legal expert in the process of examining and dead body of living man. Study of constitutional and individual features of organism of man, terms of stay and reception of алкогоя help more exactly to diagnose the state of alcoholic intoxication, that is reflected in the conclusion of expert and can be proof on criminal and civil cases.

  19. On argumentation schemes and the natural classification of arguments

    NARCIS (Netherlands)

    Katzav, J.K.; Reed, C.

    2004-01-01

    We develop conceptions of arguments and of argument types that will, by serving as the basis for developing a natural classification of arguments, benefit work in artificial intelligence. Focusing only on arguments construed as the semantic entities that are the outcome of processes of reasoning, we

  20. 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.

  1. 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.

  2. On argumentation schemes and the natural classification of arguments

    OpenAIRE

    Katzav, K.; Reed, C.

    2004-01-01

    We develop conceptions of arguments and of argument types that will, by serving as the basis for developing a natural classification of arguments, benefit work in artificial intelligence. Focusing only on arguments construed as the semantic entities that are the outcome of processes of reasoning, we outline and clarify our view that an argument is a proposition that represents a fact as both conveying some other fact and as doing so wholly. Further, we outline our view that, with respect to a...

  3. Defining Rhetorical Argumentation

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    2013-01-01

    This article argues for a definition of rhetorical argumentation based on the theme of the argumentation, i.e., the issue in dispute - rather than its aim (e.g., to ‘win’) or its means (e.g., emotional appeals). The principal thinkers in the rhetorical tradition, from Aristotle onwards, saw...... 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...

  4. 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”.

  5. 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 ...

  6. Attorney Argumentation and Supreme Court Opinions.

    Science.gov (United States)

    Benoit, William L.

    1989-01-01

    Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

  7. Argument Complexity: Teaching Undergraduates to Make Better Arguments

    Science.gov (United States)

    Kelly, Matthew A.; West, Robert L.

    2017-01-01

    The task of turning undergrads into academics requires teaching them to reason about the world in a more complex way. We present the Argument Complexity Scale, a tool for analysing the complexity of argumentation, based on the Integrative Complexity and Conceptual Complexity Scales from, respectively, political psychology and personality theory.…

  8. Moving Beyond Drinking to Have a Good Time: a Person-Centered Approach to Identifying Reason Typologies in Legal-Aged College Student Drinkers.

    Science.gov (United States)

    Weybright, Elizabeth H; Cooper, Brittany R; Beckmeyer, Jonathon; Bumpus, Matthew F; Hill, Laura G; Agley, Jon

    2016-08-01

    Alcohol use, reasons for use, and consequences of use continue to be a major concern in college student populations. This is especially true for students of legal drinking age who may experience different reasons for and greater negative consequences of alcohol use than students under 21 years old. Although multiple studies have used person-centered approaches to understand motivations for and ultimately prevent alcohol use, few have identified multiple typologies of reasons for alcohol use. The current study used latent class analysis to identify homogeneous subtypes of reasons for alcohol use and how classification was associated with alcohol-related consequences in college students aged 21 years old and older (N = 2300) from the 2013 Indiana College Substance Use Survey. Four profiles of reasons for alcohol use emerged across males and females: social drinkers, feel good drinkers, relaxed escaping drinkers, and emotion coping drinkers. Although the likelihood of consequences differed across gender, the emotion coping drinkers were more likely to experience all negative consequences, suggesting that it was a high-risk class. In general, this pattern of risk continued with the feel good drinkers and female relaxed escaping drinkers. These results can help optimize college substance use prevention and intervention efforts to (1) identify and understand characteristics of high- and low-risk student drinkers and (2) tailor the content of interventions to those specific profiles resulting in more effective approaches to reducing alcohol use.

  9. 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

  10. 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

  11. 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...

  12. 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 ...

  13. Modelling Imprecise Arguments in Description Logic

    Directory of Open Access Journals (Sweden)

    LETIA, I. A.

    2009-10-01

    Full Text Available Real arguments are a mixture of fuzzy linguistic variables and ontological knowledge. This paper focuses on modelling imprecise arguments in order to obtain a better interleaving of human and software agents argumentation, which might be proved useful for extending the number of real life argumentative-based applications. We propose Fuzzy Description Logic as the adequate technical instrumentation for filling the gap between human arguments and software agents arguments. A proof of concept scenario has been tested with the fuzzyDL reasoner.

  14. 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…

  15. Big Argumentation?

    Directory of Open Access Journals (Sweden)

    Daniel Faltesek

    2013-08-01

    Full Text Available Big Data is nothing new. Public concern regarding the mass diffusion of data has appeared repeatedly with computing innovations, in the formation before Big Data it was most recently referred to as the information explosion. In this essay, I argue that the appeal of Big Data is not a function of computational power, but of a synergistic relationship between aesthetic order and a politics evacuated of a meaningful public deliberation. Understanding, and challenging, Big Data requires an attention to the aesthetics of data visualization and the ways in which those aesthetics would seem to depoliticize information. The conclusion proposes an alternative argumentative aesthetic as the appropriate response to the depoliticization posed by the popular imaginary of Big Data.

  16. Revisiting Strawsonian Arguments from Inescapability

    OpenAIRE

    Szigeti, Andras

    2012-01-01

    Peter Strawson defends the thesis that determinism is irrelevant to the justifiability of responsibility-attributions. In this paper, I want to examine various arguments advanced by Strawson in support of this thesis. These arguments all draw on the thought that the practice of responsibility is inescapable. My main focus is not so much the metaphysical details of Strawsonian compatibilism, but rather the more fundamental idea that x being inescapable may be reason for us to regard x as justi...

  17. Two kinds of reasoning.

    Science.gov (United States)

    Rips, L J

    2001-03-01

    According to one view of reasoning, people can evaluate arguments in at least two qualitatively different ways: in terms of their deductive correctness and in terms of their inductive strength. According to a second view, assessments of both correctness and strength are a function of an argument's position on a single psychological continuum (e.g., subjective conditional probability). A deductively correct argument is one with the maximum value on this continuum; a strong argument is one with a high value. The present experiment tested these theories by asking participants to evaluate the same set of arguments for correctness and strength. The results produced an interaction between type of argument and instructions: In some conditions, participants judged one argument deductively correct more often than a second, but judged the second argument inductively strong more often than the first. This finding supports the view that people have distinct ways to evaluate arguments.

  18. 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.

  19. Written argument underlying the Brokdorf verdict

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    In December 1979, the Schleswig administrative court delivered its judgment (AZ.: 10 A 512/76) against the plaintiffs (four neighbouring communities and nine individuals), who had brought in an action against the first part-construction permit for the Brokdorf nuclear power plant, issued on October 25, 1976. In mid-march 1980, the written argument underlying this court ruling (58 pages) has been sent out. The written argument conscientiously explains the reasoning of the court which delivered its verdict after several days of oral proceedings in October and November 1979, and clearly states the position of the court with regard to the limits of control by administrative jurisdiction as well as to the controversial legal problem of whether there is a lawful connection between the licensing in accordance with section 7, sub-section 2 of the AtG (Atomic Energy Act) and sufficient nuclear waste management provisions according to section 9a AtG. The court ruling declared the action to be substantially admissible but hot well-founded. (orig./HP) [de

  20. From Inductive Reasoning to Proof

    Science.gov (United States)

    Yopp, David A.

    2009-01-01

    Mathematical proof is an expression of deductive reasoning (drawing conclusions from previous assertions). However, it is often inductive reasoning (conclusions drawn on the basis of examples) that helps learners form their deductive arguments, or proof. In addition, not all inductive arguments generate more formal arguments. This article draws a…

  1. 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

  2. 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

  3. Types, typologies, arguments

    OpenAIRE

    Plantin, Christian

    2017-01-01

    The concept of arguments schemes is fundamental for argumentation studies; but its implementation is not obvious. The first section of this contribution briefly starts from the concepts of argument scheme, typology of arguments schemes, and the foundational catalogue of 28 topoi from Aristotle's Rhetoric. The application of the "topical method" is first based on the knowledge of typologies of arguments, and then on the precise features defining an argument type. The practical question that re...

  4. 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.…

  5. The students’ mathematical argumentation in geometry

    Science.gov (United States)

    Sukirwan; Darhim; Herman, T.; Prahmana, R. C. I.

    2017-12-01

    The main objective of this research is to analyze the student's mathematical argumentation when dealing with geometry. The method is used qualitative method with grounded theory to know how the students provide an explanation or an answer against claims so that the quality of the vernacular students will be drawn up with clear from how students compose a series of arguments. The results showed that there were still many students basically experiencing constraints in argumentation, but the quality of the reasoning appears to be a variation of the argument appeared, include: inductive, algebra, visual and perceptual. In addition, the starting point of the students composes a series of arguments generally starts from claims that arise in a matter. Proof of claim further builds upon the relationship between the characteristics of data with mathematical objects that appear in the acquired mathematical knowledge from previous students. Relationship spelled out in a series of statements and reasons which support the claims through the fourth argument.

  6. 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.

  7. 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.

  8. 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

  9. Generate an Argument: An Instructional Model

    Science.gov (United States)

    Sampson, Victor; Grooms, Jonathon

    2010-01-01

    The Generate an Argument instructional model was designed to engage students in scientific argumentation. By using this model, students develop complex reasoning and critical-thinking skills, understand the nature and development of scientific knowledge, and improve their communication skills (Duschl and Osborne 2002). This article describes the…

  10. Argumentation and Decision Making in Professional Practice

    Science.gov (United States)

    Gainsburg, Julie; Fox, John; Solan, Lawrence M.

    2016-01-01

    How is argumentation used in professional practice? As schools aim to ensure that students are college-and-career ready, classroom practices might be informed by argumentation in the professions. An analysis of evidence-based reasoning in 3 professions--engineering, law, and medicine--offers out-of-school perspectives on the practices and purposes…

  11. Conductive Arguments: Why is This Still a Thing?

    Directory of Open Access Journals (Sweden)

    Kevin Possin

    2016-12-01

    Full Text Available Conductive arguments, as a separate category of reasoning, has experienced a revival.  In 2010, the University of Windsor’s Centre for Research in Reasoning, Argumentation, and Rhetoric dedicated a two-day symposium to the topic and later published the proceedings.  In this article, I argue against the existence of conductive arguments as a usefully distinct type of argument.  Some of what are deemed conductive arguments are simply inductive arguments and some are best construed as subsets of the constituents of what is commonly called a position paper.

  12. 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....

  13. 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.

  14. 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.

  15. 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

  16. 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)

  17. The Ethics of Argumentation

    OpenAIRE

    Vasco Correia

    2012-01-01

    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 p...

  18. Methodology in Legal Research

    Directory of Open Access Journals (Sweden)

    Tom R. Tyler

    2017-12-01

    Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

  19. Den gode argumentations anatomi

    DEFF Research Database (Denmark)

    Kock, Christian Erik J

    2013-01-01

    God argumentation har tre dimensioner: Den er faktuelt retvisende, den er relevant, og den er vægtig. Desværre slipper politikerne ofte af sted med mangelfuld argumentation fordi de forklæder den godt. Derfor får du her de vigtigste redskaber til at spotte uskikkene i politisk argumentation...

  20. 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

  1. Socratic Method for the Right Reasons and in the Right Way: Lessons from Teaching Legal Analysis beyond the American Law School

    Science.gov (United States)

    Szypszak, Charles

    2015-01-01

    Socratic method is associated with law school teaching by which students are asked questions in class that require them to analyze cases and derive legal principles. Despite the method's potential benefits, students usually do not view it as supportive and enriching but rather as a kind of survival ritual. As a pedagogical approach for use in any…

  2. 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

  3. 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.

  4. 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...

  5. Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

    Directory of Open Access Journals (Sweden)

    Konrad Graf

    2011-08-01

    Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

  6. Relations between inductive reasoning and deductive reasoning.

    Science.gov (United States)

    Heit, Evan; Rotello, Caren M

    2010-05-01

    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. Experiment 1 showed 2 dissociations: For a common set of arguments, deduction judgments were more affected by validity, and induction judgments were more affected by similarity. Moreover, Experiment 2 showed that fast deduction judgments were like induction judgments-in terms of being more influenced by similarity and less influenced by validity, compared with slow deduction judgments. These novel results pose challenges for a 1-process account of reasoning and are interpreted in terms of a 2-process account of reasoning, which was implemented as a multidimensional signal detection model and applied to receiver operating characteristic data. PsycINFO Database Record (c) 2010 APA, all rights reserved.

  7. 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.

  8. 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

  9. A Framework for Argumentation-Based Negotiation

    OpenAIRE

    Sierra, C.; Jennings, N. R.; Noriega, P.; Parsons, S.

    1997-01-01

    Many autonomous agents operate in domains in which the cooperation of their fellow agents cannot be guaranteed. In such domains negotiation is essential to persuade others of the value of co-operation. This paper describes a general framework for negotiation in which agents exchange proposals backed by arguments which summarise the reasons why the proposals should be accepted.The argumentation is persuasive because the exchanges are able to alter the mental state of the agents involved. The f...

  10. 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.

  11. Argumentation and Game Theory

    Science.gov (United States)

    Rahwan, Iyad; Larson, Kate

    In a large class of multi-agent systems, agents are self-interested in the sense that each agent is interested only in furthering its individual goals, which may or may not coincide with others’ goals. When such agents engage in argument, they would be expected to argue strategically in such a way that makes it more likely for their argumentative goals to be achieved. What we mean by arguing strategically is that instead of making arbitrary arguments, an agent would carefully choose its argumentative moves in order to further its own objectives.

  12. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  13. THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

    Directory of Open Access Journals (Sweden)

    Victor Imanuel W. Nalle

    2015-02-01

    Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

  14. Rethinking the Argumentative Essay

    Science.gov (United States)

    Schneer, David

    2014-01-01

    This article investigates the construction of the argumentative essay as it is commonly presented in academic writing textbooks and classrooms for English language learners. The author first examines the traditional three-stage structure (thesis-argument-conclusion) and then problematizes it within a genre-based approach to academic writing. He…

  15. 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.

  16. Between Democratic Security and Democratic Legality. Constitutional Politics and Presidential Re-election in Colombia

    Directory of Open Access Journals (Sweden)

    Jan Boesten

    2014-12-01

    Full Text Available This paper presents an analysis of the political and legal debate of the declaration of unconstitutionality of the referendum that sought the re-election presidential second term in 2010. On the other hand, it exposes the debate between those who spoke of bias and political argument in the court ruling related to the idea of “democratic security”; while others speak of the persistence of “democratic legality” consisting of autonomy guaranteed legal reasoning from deliberative processes. Finally, it is noted that the degree of institutionalization of discourse of the Court is an important factor that speaks in favor of it’s independence.

  17. Reasoning with Previous Decisions: Beyond the Doctrine of Precedent

    DEFF Research Database (Denmark)

    Komárek, Jan

    2013-01-01

    in different jurisdictions use previous judicial decisions in their argument, we need to move beyond the concept of precedent to a wider notion, which would embrace practices and theories in legal systems outside the Common law tradition. This article presents the concept of ‘reasoning with previous decisions...... law method’, but they are no less rational and intellectually sophisticated. The reason for the rather conceited attitude of some comparatists is in the dominance of the common law paradigm of precedent and the accompanying ‘case law method’. If we want to understand how courts and lawyers......’ as such an alternative and develops its basic models. The article first points out several shortcomings inherent in limiting the inquiry into reasoning with previous decisions by the common law paradigm (1). On the basis of numerous examples provided in section (1), I will present two basic models of reasoning...

  18. Causal reasoning in physics

    CERN Document Server

    Frisch, Mathias

    2014-01-01

    Much has been written on the role of causal notions and causal reasoning in the so-called 'special sciences' and in common sense. But does causal reasoning also play a role in physics? Mathias Frisch argues that, contrary to what influential philosophical arguments purport to show, the answer is yes. Time-asymmetric causal structures are as integral a part of the representational toolkit of physics as a theory's dynamical equations. Frisch develops his argument partly through a critique of anti-causal arguments and partly through a detailed examination of actual examples of causal notions in physics, including causal principles invoked in linear response theory and in representations of radiation phenomena. Offering a new perspective on the nature of scientific theories and causal reasoning, this book will be of interest to professional philosophers, graduate students, and anyone interested in the role of causal thinking in science.

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

    Science.gov (United States)

    Lillo-Unglaube, Marco; Canales-Johnson, Andrés; Navarrete, Gorka; Bravo, Claudio Fuentes

    2014-01-01

    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 article, 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.

  1. 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.

  2. 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.

  3. Graduate Courses in Argumentation Theory.

    Science.gov (United States)

    Benoit, William L.; Follert, Vincent F.

    1986-01-01

    Reports results of a survey of graduate courses in argumentation theory. Includes data on types of courses, theorists, historical and basic concepts in argument, everyday argument, resources (books and articles), etc. (PD)

  4. Arguments from Developmental Order.

    Science.gov (United States)

    Stöckle-Schobel, Richard

    2016-01-01

    In this article, I investigate a special type of argument regarding the role of development in theorizing about psychological processes and cognitive capacities. Among the issues that developmental psychologists study, discovering the ontogenetic trajectory of mechanisms or capacities underpinning our cognitive functions ranks highly. The order in which functions are developed or capacities are acquired is a matter of debate between competing psychological theories, and also philosophical conceptions of the mind - getting the role and the significance of the different steps in this order right could be seen as an important virtue of such theories. Thus, a special kind of strategy in arguments between competing philosophical or psychological theories is using developmental order in arguing for or against a given psychological claim. In this article, I will introduce an analysis of arguments from developmental order, which come in two general types: arguments emphasizing the importance of the early cognitive processes and arguments emphasizing the late cognitive processes. I will discuss their role in one of the central tools for evaluating scientific theories, namely in making inferences to the best explanation. I will argue that appeal to developmental order is, by itself, an insufficient criterion for theory choice and has to be part of an argument based on other core explanatory or empirical virtues. I will end by proposing a more concerted study of philosophical issues concerning (cognitive) development, and I will present some topics that also pertain to a full-fledged 'philosophy of development.'

  5. ERISTIC ARGUMENTATION IN ADVERTISING

    Directory of Open Access Journals (Sweden)

    Skirmantė Biržietienė

    2014-10-01

    Full Text Available Advertising may be examined as a particular form of rhetoric the aims of which are the same as of rhetoric, namely to affect mind, will, feelings, and to persuade. The theory of rhetoric, the main object of which is discourse not only in narrow meaning (as verbal expression of ideas (i.e. to say text, but also in broad meaning – as a communicative act between the addresser and the addressee since its interdisciplinary nature provides the right tools to explore the advertising discourse. The theory of rhetoric is successfully applied in development of advertising discourse, because it helps to foresee the communicative act between the addresser and the addressee. Advertising and rhetoric are combined by many common elements, but the same goal is the most important: both, rhetoric and advertising seek for persuasion through verbal and non-verbal measures. The paper deals with the analysis of the inventive level of advertising discourse, i.e., eristic arguments, spread of ways of proofing / persuasion. Eristic argumentation is a dominant argumentation type in advertising. This method of persuasion is a way to create truth visibility although it is just superficial. The most typical schemes of eristic argumentation used in advertising are as follows: argumentum ad vanitatem (appeal to the vanity of the addressee, argumentum ad verecundiam (appeal to the authority, argumentum baculinum (method of “whip” argument, argumentum ad novitatem (appeal to novelty. The article shows the usage of eristic arguments in Lithuanian commercial ads.

  6. Arguments from Developmental Order

    Directory of Open Access Journals (Sweden)

    Richard eStöckle-Schobel

    2016-05-01

    Full Text Available In this article, I investigate a special type of argument regarding the role of development in theorising about psychological processes and cognitive capacities. Among the issues that developmental psychologists study, discovering the ontogenetic trajectory of mechanisms or capacities underpinning our cognitive functions ranks highly. The order in which functions are developed or capacities are acquired is a matter of debate between competing psychological theories, and also philosophical conceptions of the mind – getting the role and the significance of the different steps in this order right could be seen as an important virtue of such theories.Thus, a special kind of strategy in arguments between competing philosophical or psychological theories is using developmental order in arguing for or against a given psychological claim. In this article, I will introduce an analysis of arguments from developmental order, which come in two general types: arguments emphasising the importance of the early cognitive processes and arguments emphasising the late cognitive processes. I will discuss their role in one of the central tools for evaluating scientific theories, namely in making inferences to the best explanation. I will argue that appeal to developmental order is, by itself, an insufficient criterion for theory choice and has to be part of an argument based on other core explanatory or empirical virtues. I will end by proposing a more concerted study of philosophical issues concerning (cognitive development, and I will present some topics that also pertain to a full-fledged ‘philosophy of development’.

  7. 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...

  8. Coherence-driven argumentation to norm consensus

    NARCIS (Netherlands)

    Joseph, S.; Prakken, H.

    2009-01-01

    In this paper coherence-based models are proposed as an alternative to logic-based BDI and argumentation models for the reasoning of normative agents. A model is provided for how two coherence-based agents can deliberate on how to regulate a domain of interest. First a deductive coherence model

  9. Argumentation in the Chemistry Laboratory: Inquiry and Confirmatory Experiments

    Science.gov (United States)

    Katchevich, Dvora; Hofstein, Avi; Mamlok-Naaman, Rachel

    2013-02-01

    One of the goals of science education is to provide students with the ability to construct arguments—reasoning and thinking critically in a scientific context. Over the years, many studies have been conducted on constructing arguments in science teaching, but only few of them have dealt with studying argumentation in the laboratory. Our research focuses on the process in which students construct arguments in the chemistry laboratory while conducting various types of experiments. It was found that inquiry experiments have the potential to serve as an effective platform for formulating arguments, owing to the features of this learning environment. The discourse during inquiry-type experiments was found to be rich in arguments, whereas that during confirmatory-type experiments was found to be sparse in arguments. The arguments, which were developed during the discourse of an open inquiry experiment, focus on the hypothesis-building stage, analysis of the results, and drawing appropriate conclusions.

  10. Understanding and Detecting Supporting Arguments of Diverse Types

    OpenAIRE

    Hua, Xinyu; Wang, Lu

    2017-01-01

    We investigate the problem of sentence-level supporting argument detection from relevant documents for user-specified claims. A dataset containing claims and associated citation articles is collected from online debate website idebate.org. We then manually label sentence-level supporting arguments from the documents along with their types as study, factual, opinion, or reasoning. We further characterize arguments of different types, and explore whether leveraging type information can facilita...

  11. Heuristic Elements of Plausible Reasoning.

    Science.gov (United States)

    Dudczak, Craig A.

    At least some of the reasoning processes involved in argumentation rely on inferences which do not fit within the traditional categories of inductive or deductive reasoning. The reasoning processes involved in plausibility judgments have neither the formal certainty of deduction nor the imputed statistical probability of induction. When utilizing…

  12. 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.

  13. Argumentativeness and Resistance to Persuasion.

    Science.gov (United States)

    Levine, Timothy R.; Badger, Eugenia E.

    1993-01-01

    Examines college students' level of argumentativeness in relation to persuasion. Finds that highly argumentative individuals experienced more attitude change than their less argumentative counterparts. Shows that topic had no effect upon attitude change and that topic did not interact with argumentativeness. (SR)

  14. Refining a Heuristic for Constructing Bayesian Networks from Structured Arguments

    NARCIS (Netherlands)

    Wieten, G.M.; Bex, F.J.; van der Gaag, L.C.; Prakken, H.; Renooij, S.

    2018-01-01

    Recently, a heuristic was proposed for constructing Bayesian networks (BNs) from structured arguments. This heuristic helps domain experts who are accustomed to argumentation to transform their reasoning into a BN and subsequently weigh their case evidence in a probabilistic manner. While the

  15. Argumentation as a Strategy for Conceptual Learning of Dynamics

    Science.gov (United States)

    Eskin, Handan; Ogan-Bekiroglu, Feral

    2013-01-01

    Researchers have emphasized the importance of promoting argumentation in science classrooms for various reasons. However, the study of argumentation is still a young field and more research needs to be carried out on the tools and pedagogical strategies that can assist teachers and students in both the construction and evaluation of scientific…

  16. 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.…

  17. Memory, Critical Theory and the Argument from History.

    Science.gov (United States)

    Cox, J. Robert

    1990-01-01

    Explores the function of memory in critical theory, particularly in the work of Herbert Marcuse, as the basis for a critical argumentation. Argues that Marcuse's view suggests that argument is a "re-membering" of what had been split asunder--reason, imagination, and the capacity of action. Discusses other implications of Marcuse's…

  18. 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.

  19. Slippery Slope Arguments

    NARCIS (Netherlands)

    van der Burg, W.; Chadwick, R.F.

    1998-01-01

    Slippery slope arguments hold that one should not take some action (which in itself may be innocuous or even laudable) in order to prevent one from being dragged down a slope towards some clearly undesirable situation. Their typical purpose is to prevent changes in the status quo and, therefore,

  20. 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.

  1. Socioscientific Argumentation: The effects of content knowledge and morality

    Science.gov (United States)

    Sadler, Troy D.; Donnelly, Lisa A.

    2006-10-01

    Broad support exists within the science education community for the incorporation of socioscientific issues (SSI) and argumentation in the science curriculum. This study investigates how content knowledge and morality contribute to the quality of SSI argumentation among high school students. We employed a mixed-methods approach: 56 participants completed tests of content knowledge and moral reasoning as well as interviews, related to SSI topics, which were scored based on a rubric for argumentation quality. Multiple regression analyses revealed no statistically significant relationships among content knowledge, moral reasoning, and argumentation quality. Qualitative analyses of the interview transcripts supported the quantitative results in that participants very infrequently revealed patterns of content knowledge application. However, most of the participants did perceive the SSI as moral problems. We propose a “Threshold Model of Knowledge Transfer” to account for the relationship between content knowledge and argumentation quality. Implications for science education are discussed.

  2. Minimization of costs and fees in municipal sewage disposal. Legal bases, scope for action and reports of experience. PC information system AquaArgument; Kosten- und Abgabenminimierung in der kommunalen Abwasserentsorgung. Rechtliche Grundlagen, Handlungsspielraeume und Erfahrungsberichte. PC-Informationssystem AquaArgument

    Energy Technology Data Exchange (ETDEWEB)

    Schroeder, R. [Saarberg Hoelter Wassertechnik GmbH, Essen (Germany); Knust, M. [Saarberg Hoelter Wassertechnik GmbH, Essen (Germany); Wittenberg, D. [Kanzlei Zenk Tippenhauer Osmer Schroeter Schmidt-Decker Bergmann, Hamburg (Germany); Rehr-Zimmermann, M. [Kanzlei Zenk Tippenhauer Osmer Schroeter Schmidt-Decker Bergmann, Hamburg (Germany); Hueting, R. [Kanzlei Zenk Tippenhauer Osmer Schroeter Schmidt-Decker Bergmann, Hamburg (Germany); Vogel, H.J. [Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit, Bonn (Germany)

    1996-05-01

    One of the many tasks of local government is to make provision for sewage disposal. In many towns, necessary investments, the installation of further technical systems, and reconstructions entail a rise in sewage disposal fees. These measures, whose justification can hardly be denied for ecological reasons, and the resulting cost are more and more the object of long-term economic analysis and broad public debate. The brochure points out possibilities for minimizing the costs of, and fees for, municipal sewage disposal. Of course it is up to each municipal administration to decide in favour of or against their implementation (orig.). [Deutsch] Eine von vielen Aufgaben in der Kommune ist die Sicherstellung der Abwasserentsorgung. Die notwendigen Investitionen, technischen Erweiterungen und Rekonstruktionen fuehren vielerorts zu steigenden Abwassergebuehren. Die aus oekologischen Gesichtspunkten kaum in Abrede gestellten Massnahmen und die daraus resultierenden Kosten unterliegen in ihrer Entwicklung immer mehr einer langfristig orientierten wirtschaftlichen Betrachtung und einer damit verbundenen breiten oeffentlichen Diskussion. In dieser Broschuere werden einige Hinweise und Moeglichkeiten zur Kosten- und Abgabenminimierung in der kommunalen Abwasserentsorgung aufgezeigt, deren Umsetzung selbstverstaendlich der Entscheidung der einzelnen Kommune unterliegt. (orig./SR)

  3. 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.

  4. 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

  5. Themes and Interplay of Beliefs in Mathematical Reasoning

    Science.gov (United States)

    Sumpter, Lovisa

    2013-01-01

    Upper secondary students' task solving reasoning was analysed with a focus on arguments for strategy choices and conclusions. Passages in their arguments for reasoning that indicated the students' beliefs were identified and, by using a thematic analysis, categorized. The results stress three themes of beliefs used as arguments for…

  6. A Textbook Argument: Definitions of Argument in Leading Composition Textbooks

    Science.gov (United States)

    Knoblauch, A. Abby

    2011-01-01

    This essay examines the definitions and practices of argument perpetuated by popular composition textbooks, illustrating how even those texts that appear to forward expansive notions of argument ultimately limit it to an intent to persuade. In doing so, they help perpetuate constricted practices of argument within undergraduate composition…

  7. 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......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...... 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....

  8. International Law as an Argumentative Practice: On Wohlrapp’s Concept of Argument

    NARCIS (Netherlands)

    Venzke, I.

    2016-01-01

    It has become a commonplace to view international law as an argumentative practice. This commonplace, it is argued, clouds strong differences that re-emerge with closer scrutiny. What, specifically, is the place of reason, rhetoric or violence in the practice of arguing? The present article explores

  9. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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.......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...

  10. 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...

  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. Environmental Argumentation as Sociocultural Activity

    Science.gov (United States)

    Oliveira, Alandeom W.; Akerson, Valarie L.; Oldfield, Martha

    2012-01-01

    While environmental argumentation has recently received much attention from science educators, little consideration has been given to how personal identities and social relationships can either support or constrain student argumentation. This study attends to this issue by examining environmental argumentation as a sociocultural activity (how…

  13. Argumentation in Miranda v. Arizona.

    Science.gov (United States)

    Benoit, William L.

    1991-01-01

    Investigates the argumentation advanced in briefs, oral arguments, and the Supreme Court's opinion in the case of Miranda versus Arizona. Considers the background of the case, analyzes the argumentation and its influences on the court, and stresses the importance of viewing the Supreme Court as an active participant in the decision-making process.…

  14. Argumentative Men: Expectations of Success.

    Science.gov (United States)

    Schullery, Nancy M.

    1999-01-01

    Considers how argumentativeness is linked with several managerial qualities, such as group leadership, better decision-making, and enhanced credibility. Surveys nearly 300 full-time employed men. Shows that men at all levels exhibit the full range of argumentativeness. Finds the mean argumentativeness of supervisors at all levels is significantly…

  15. 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,” ...

  16. One World? One Law? One Global Legal System? Modern Law and Socio-Legal Communities

    OpenAIRE

    Werner Krawietz

    2014-01-01

    In the present article the author considers the issues connected with globalization and structural changes in the contemporary societies. In author’s opinion, development of legal regulation encompasses not only the practical and theoretical argumentation in the law. It also includes the informative and communicative perspectives of our analytical and conceptual legal thinking and of our legal world-outlook which is formed accordingly to the social world of law. The author stresses that there...

  17. 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.

  18. 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.

  19. The exploitation argument against commercial surrogacy.

    Science.gov (United States)

    Wilkinson, Stephen

    2003-04-01

    This paper discusses the exploitation argument against commercial surrogacy: the claim that commercial surrogacy is morally objectionable because it is exploitative. The following questions are addressed. First, what exactly does the exploitation argument amount to? Second, is commercial surrogacy in fact exploitative? Third, if it were exploitative, would this provide a sufficient reason to prohibit (or otherwise legislatively discourage) it? The focus throughout is on the exploitation of paid surrogates, although it is noted that other parties (e.g. 'commissioning parents') may also be the victims of exploitation. It is argued that there are good reasons for believing that commercial surrogacy is often exploitative. However, even if we accept this, the exploitation argument for prohibiting (or otherwise legislatively discouraging) commercial surrogacy remains quite weak. One reason for this is that prohibition may well 'backfire' and lead to potential surrogates having to do other things that are more exploitative and/or more harmful than paid surrogacy. It is concluded therefore that those who oppose exploitation should (rather than attempting to stop particular practices like commercial surrogacy) concentrate on: (a) improving the conditions under which paid surrogates 'work'; and (b) changing the background conditions (in particular, the unequal distribution of power and wealth) which generate exploitative relationships.

  20. 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

  1. 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

  2. INTERDISCIPLINARY SYSTEMIC JURIDICAL ARGUMENTATION: A NEW WAY TO JUSTIFY EMPHATICALLY AND EFFECTIVELLY

    Directory of Open Access Journals (Sweden)

    Jorge Isaac Torres Manrique

    2018-04-01

    Full Text Available The article discusses the interdisciplinary systemic juridical argumentation. We propose to elevate the legal argumentation to a complete and integral level. That is, to provide a kind of tool that facilitates and ensures a full and complete analysis and foundation, in order to achieve a due as expected justice administration, in justice proper.

  3. from tenuous legal arguments to securitization and benefit sharing

    African Journals Online (AJOL)

    eliasn

    equitable utilization of, and benefits from, the common Nile Basin water ..... billion cubic metres as a loss of over-year storage, was then divided between ..... springs project in 2002, while diverting its public's attention away from much.

  4. STUDYING PRESCHOOL CHILDREN’S REASONING THROUGH EPISTEMOLOGICAL MOVE ANALYSIS

    OpenAIRE

    Sumpter, Lovisa; Hedefalk, Maria

    2017-01-01

    In this paper, we propose a theoretical tool for analysing mathematical reasoning using Epistemological Move Analysis (EMA) in combination with a framework focusing on arguments and the foundation of these. We also suggest the addition of evaluative arguments when talking about different types of arguments besides predictive and verifying arguments. The tool was applied on data of preschool children’s mathematical reasoning. The results indicate that different types of epistemological moves a...

  5. Targeted killing with drones? Old arguments, new technologies

    Directory of Open Access Journals (Sweden)

    Meisels Tamar

    2018-01-01

    Full Text Available The question of how to contend with terrorism in keeping with our preexisting moral and legal commitments now challenges Europe as well as Israel and the United States: how do we apply Just War Theory and International Law to asymmetrical warfare, specifically to our counter terrorism measures? What can the classic moral argument in Just and Unjust Wars teach us about contemporary targeted killings with drones? I begin with a defense of targeted killing, arguing for the advantages of pin pointed attacks over any alternative measure available for combatting terrorism. Assuming the legitimacy of killing combatants in wartime, I argue, there is nothing wrong, and in fact much that is right, with targeting particular terrorists selected by name, as long as their assassinations can be reasonably expected to reduce terrorist hostilities rather than increase it. Subsequently, I offer some further thoughts and comments on the use of remotely piloted aircrafts to carry out targeted killings, and address the various sources for discomfort with this practice identified by Michael Walzer and others.

  6. 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.…

  7. Natural-Born Arguers: Teaching How to Make the Best of Our Reasoning Abilities

    Science.gov (United States)

    Mercier, Hugo; Boudry, Maarten; Paglieri, Fabio; Trouche, Emmanuel

    2017-01-01

    We summarize the argumentative theory of reasoning, which claims that the main function of reasoning is to argue. In this theory, argumentation is seen as being essentially cooperative (people have to listen to others' arguments and be ready to change their mind) but with an adversarial dimension (their goal as argument producers is to convince).…

  8. Quem sou eu para discordar de um ministro do STF? O ensino do direito entre argumento de autoridade e livre debate de ideias Who am I to disagree with a supreme court justice? Legal education between argument from authority and free debate of ideas

    Directory of Open Access Journals (Sweden)

    Virgílio Afonso da Silva

    2010-06-01

    Full Text Available Este artigo tem como objetivo narrar uma experiência concreta com aulas participativas. O que se pretende é, entre outras coisas, demonstrar que nem sempre são necessárias reformulações radicais na metodologia do ensino jurídico para que resultados positivos sejam alcançados. Algumas das formas tradicionais de ensino - no caso em questão, os seminários - às vezes não produzem os efeitos desejados, por deficiências no planejamento ou por reproduzirem vícios do ensino jurídico, como: Ensino não participativo; foco no argumento de autoridade; muita exposição e pouco debate; falta de incentivo a posturas críticas etc. A reprodução desses vícios, aliada ao fato de que, nos seminários, muitas vezes o professor está ausente, parece-nos ser a causa da percepção generalizada de que aulas de seminários são uma forma menos importante de aprendizado. Nossa experiência tem demonstrado que esse cenário pode ser muito diferente, se alguns cuidados forem tomados.The aim of this paper is to narrate an experience with participative classes. We argue that radical changes in the current methods of legal education are not always necessary in order to achieve positive outcomes. Sometimes the participative methods already used in brazilian legal education - we focus on seminars - fail to lead to good results either due to deficiencies in planning, or because they tend to replicate the most common problems associated with non-participative methods, such as: Focusing on arguments from authority; excess of lecturing and lack of debate; lack of incentive to critical attitudes, among many others. The replication of these problems, combined with the recurrent absence of the professor responsible for the course, seems to us to be the main cause of the widespread perception that seminars are a method of learning of minor importance. our experience, however, has shown that this scenario may change significantly if due care is exercised.

  9. 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

  10. 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

  11. 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

  12. Two conceptions of legal principles

    Directory of Open Access Journals (Sweden)

    Spaić Bojan

    2017-01-01

    Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

  13. [Evaluation of arguments in research reports].

    Science.gov (United States)

    Botes, A

    1999-06-01

    Some authors on research methodology are of opinion that research reports are based on the logic of reasoning and that such reports communicate with the reader by presenting logical, coherent arguments (Böhme, 1975:206; Mouton, 1996:69). This view implies that researchers draw specific conclusions and that such conclusions are justified by way of reasoning (Doppelt, 1998:105; Giere, 1984:26; Harre, 1965:11; Leherer & Wagner, 1983 & Pitt, 1988:7). The structure of a research report thus consists mainly of conclusions and reasons for such conclusions (Booth, Colomb & Williams, 1995:97). From this it appears that justification by means of reasoning is a standard procedure in research and research reports. Despite the fact that the logic of research is based on reasoning, that the justification of research findings by way of reasoning appears to be standard procedure and that the structure of a research report comprises arguments, the evaluation or assessment of research, as described in most textbooks on research methodology (Burns & Grove, 1993:647; Creswell, 1994:193; LoBiondo-Wood & Haber, 1994:441/481) does not focus on the arguments of research. The evaluation criteria for research reports which are set in these textbooks are related to the way in which the research process is carried out and focus on the measures for internal, external, theoretical, measurement and inferential validity. This means that criteria for the evaluation of research are comprehensive and they should be very specific in respect of each type of research (for example quantitative or qualitative). When the evaluation of research reports is focused on arguments and logic, there could probably be one set of universal standards against which all types of human science research reports can be assessed. Such a universal set of standards could possibly simplify the evaluation of research reports in the human sciences since they can be used to assess all the critical aspects of research reports

  14. Critical Thinking in Moral Argumentation Contexts: A Virtue Ethical Approach

    Directory of Open Access Journals (Sweden)

    Michelle Ciurria

    2012-06-01

    Full Text Available In traditional analytic philosophy, critical thinking is defined along Cartesian lines as rational and linear reasoning preclusive of intuitions, emotions and lived experience. According to Michael Gilbert, this view – which he calls the Natural Light Theory (NLT – fails because it arbitrarily excludes standard feminist forms of argumentation and neglects the essentially social nature of argumentation. In this paper, I argue that while Gilbert’s criticism is correct for argumentation in general, NLT fails in a distinctive and particularly problematic manner in moral argumentation contexts. This is because NLT calls for disputants to adopt an impartial attitude, which overlooks the fact that moral disputants qua moral agents are necessarily partial to their own values and interests. Adopting the impartial perspective would therefore alienate them from their values and interests, causing a kind of “moral schizophrenia.” Finally, I urge a re-valuation of epistemic virtue in argumentation.

  15. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    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...

  16. The argument from moral psychology

    OpenAIRE

    Milevski, Voin

    2015-01-01

    The argument from moral psychology is one of the strongest arguments that non-cognitivists use against cognitivism-the metaethical position according to which our moral judgements express beliefs. According to this argument, once we put together the Humean theory of motivation and motivational internalism, we yield the conclusion that cognitivism cannot represent the correct view about the semantic function of moral discourse. I will first attempt to show that a neurological syndrome, called ...

  17. Argumentation Theory. [A Selected Annotated Bibliography].

    Science.gov (United States)

    Benoit, William L.

    Materials dealing with aspects of argumentation theory are cited in this annotated bibliography. The 50 citations are organized by topic as follows: (1) argumentation; (2) the nature of argument; (3) traditional perspectives on argument; (4) argument diagrams; (5) Chaim Perelman's theory of rhetoric; (6) the evaluation of argument; (7) argument…

  18. 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.

  19. 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.

  20. Legality in multiple legal orders

    NARCIS (Netherlands)

    Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

    2010-01-01

    This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

  1. 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…

  2. CONFLICTING REASONS

    OpenAIRE

    Parfit, Derek

    2016-01-01

    Sidgwick believed that, when impartial reasons conflict with self-interested reasons, there are no truths about their relative strength. There are such truths, I claim, but these truths are imprecise. Many self-interested reasons are decisively outweighed by conflicting impar-tial moral reasons. But we often have sufficient self-interested reasons to do what would make things go worse, and we sometimes have sufficient self-interested reasons to act wrongly. If we reject Act Consequentialism, ...

  3. Another argument against fundamental scalars

    International Nuclear Information System (INIS)

    Joglekar, S.D.

    1990-01-01

    An argument, perhaps not as strong, which is based on the inclusion of interaction with external gravity into a theory describing strong, electromagnetic and weak interactions is presented. The argument is related to the basis of the common belief which favours a renormalizable action against a non-renormalizable action as a candidate for a fundamental theory. (author). 12 refs

  4. Een Scotistisch argument voor dualisme

    NARCIS (Netherlands)

    de Ridder, G.J.; van Woudenberg, R.

    2010-01-01

    In his recent book Waar geest is, is vrijheid [Where there is mind, there is freedom], Guus Labooy sets forth an original and intriguing argument, inspired by the work of John Duns Scotus, for substance dualism in the philosophy of mind. In this paper we argue that his argument, although worthy of

  5. 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…

  6. 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...

  7. Combining Paraconsistent Logic with Argumentation

    NARCIS (Netherlands)

    Grooters, Diana; Prakken, Hendrik

    2014-01-01

    One tradition in the logical study of argumentation is to allow for arguments that combine strict and defeasible inference rules, and to derive the strict inference rules from a logic at least as strong as classical logic. An unsolved problem in this tradition is how the trivialising effect of the

  8. Rhetoric and Essentially Contested Arguments

    Science.gov (United States)

    Garver, Eugene

    1978-01-01

    Draws a connection between Gallie's essentially contested concepts and Aristotle's account of rhetorical argument by presenting a definition of Essentially Contested Argument which is used as the connecting term between rhetoric and essentially contested concepts and by demonstrating the value of making this connection. (JF)

  9. Varieties of clinical reasoning.

    Science.gov (United States)

    Bolton, Jonathan W

    2015-06-01

    Clinical reasoning comprises a variety of different modes of inference. The modes that are practiced will be influenced by the sociological characteristics of the clinical settings and the tasks to be performed by the clinician. This article presents C.S. Peirce's typology of modes of inference: deduction, induction and abduction. It describes their differences and their roles as stages in scientific argument. The article applies the typology to reasoning in clinical settings. The article describes their differences, and their roles as stages in scientific argument. It then applies the typology to reasoning in typical clinical settings. Abduction is less commonly taught or discussed than induction and deduction. However, it is a common mode of inference in clinical settings, especially when the clinician must try to make sense of a surprising phenomenon. Whether abduction is followed up with deductive and inductive verification is strongly influenced by situational constraints and the cognitive and psychological stamina of the clinician. Recognizing the inevitability of abduction in clinical practice and its value to discovery is important to an accurate understanding of clinical reasoning. © 2015 John Wiley & Sons, Ltd.

  10. 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.

  11. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    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...

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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

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

    OpenAIRE

    McLeod, Kenneth; Ferguson, Gus; Burger, Albert

    2012-01-01

    Background 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...

  19. 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

  20. INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

    Directory of Open Access Journals (Sweden)

    A. Tyrtyshny

    2015-01-01

    Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

  1. The argument of the principles in contemporary theory of law: An antipositivist plea

    Directory of Open Access Journals (Sweden)

    José Julián Suárez-Rodríguez

    2012-06-01

    Full Text Available The theory of legal principles knows today a resonance unknown in other times of legal science and several authors have dedicated themselves to its formation, each of them giving important elements in its configuration. This article presents the characteristics of the contemporary theory of the principles and the contributions that the most important authors in the field gave to it. Furthermore, it shows how the theory of principles has been developed as an argument against the main thesis of legal positivism, the dominant legal culture until the second half of the twentieth century.

  2. 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.

  3. 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

  4. 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)

  5. Abusive Legalism

    OpenAIRE

    Cheung, Alvin

    2018-01-01

    This paper suggests that one response to growing scrutiny of authoritarian tactics is to turn to sub-constitutional public law, or private law. By using “ordinary” law in ways that seem consistent with formal and procedural aspects of rule of law, autocrats can nonetheless frustrate the rule of law and consolidate power, while also avoiding drawing unfavourable attention to that consolidation. I refer to this phenomenon as “abusive legalism.” This paper makes three main contributions to the s...

  6. 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

  7. [Euthanasia: legal comparison in selected European countries].

    Science.gov (United States)

    Doležal, Adam

    2018-01-01

    This article deals with the subject of euthanasia (all its forms) and other end-of-life decisions, such as assisted suicide, withdrawing and whithholding life-sustaining treatments. Among other things, the article will also deal with the issue of the offense of Homicide by the Victims Request. Based on an empirical historical method, the article compares the various selected legal orders. From this analysis, it draws some conclusions that have an impact on ethical discourse. First of all, the terminology is defined in the article, which is very important in this area. Further, German law is being analysed, with emphasis on Nazi Germany. On that basis, the so-called reductio ad Hitlerum argument is rejected. Research continues and is followed by another states, the Netherlands, Belgium and Switzerland. By analysing them, the following ethical arguments used in euthanasia debates are examined: the argument of a slippery slope and the argument of respect for autonomy. Finally, the judgment of the European Court of Human Rights in the Pretty case is also analysed. On this case, we can demonstrate, how insufficient is argument of human dignity. The last part is dedicated to the Czech Republic and its legal order. Firstly, it focuses on the history of the legal regulation of euthanasia, but the main part deals with the current legal situation. In addition to the recent state of affairs, the bill of Death with dignity act is also being examined. At the end of the article it is pointed out that the Czech regulation is insufficient and changes are necessary. However, the proposed bill of Death with dignity act is not the right way to follow. Rather, it may be wise to adopt an amendment to the Penal Code that would introduce the offense of Homicide by the Victims Request.Key words: assisted suicide - euthanasia - Homicide by the Victims Request - medical futility - withdrawing and whithholding life-sustaining treatment.

  8. A sense of self-suspicion: global legal pluralism and the claim to legal authority

    Directory of Open Access Journals (Sweden)

    Mariano Croce

    2015-03-01

    Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

  9. La modalité au service de l’argumentation

    Directory of Open Access Journals (Sweden)

    Alexandra Cuniță

    2016-12-01

    Full Text Available Communication sometimes consists for the speaker of putting forward an endorsed opinion in a given situation and in attempting to provide the audience with the best reasons in order for them to concur with this opinion, while granting them the liberty of espousing or not the thesis in question at the end of the reasoning. In other words, the subject that the speaker is going to debate, a subject which falls within the whole set of ideas and opinions shared by his/her possible or real interlocutors at the moment Ti will take the form of an argumentation. A special relationship is established between the speaker and the message recipient, as well as between the former – also called argument providing subject (‘sujet argumentant’ by certain researchers – and his/her words, of whose validity he/she must convince the latter, the target audience. In order for the argumentation to succeed, the speaker must carefully mark his/her position regarding the words he/she employs, as well as regarding the value of the arguments mobilized. It is precisely on these levels that the importance of modality becomes manifest, thus contributing to the success of argument phrasing (‘mise en argumentation’. How can modality prove useful for argument phrasing? On what levels is it involved in the process of argumentation and how is it achieved? Such is the subject we attempt to develop starting from a message of a particular type: a revealing fragment, in our opinion, taken from a literary text.

  10. Children's reasoning with peers in cooperative and competitive contexts.

    Science.gov (United States)

    Domberg, Andreas; Köymen, Bahar; Tomasello, Michael

    2018-03-01

    We report two studies that demonstrate how five- and seven-year-olds adapt their production of arguments to either a cooperative or a competitive context. Two games elicited agreements from peer dyads about placing animals on either of two halves of a playing field owned by either child. Children had to produce arguments to justify these decisions. Played in a competitive context that encouraged placing animals on one's own half, children's arguments showed a bias that was the result of withholding known arguments. In a cooperative context, children produced not only more arguments, but also more 'two-sided' arguments. Also, seven-year-olds demonstrated a more frequent and strategic use of arguments that specifically refuted decisions that would favour their peers. The results suggest that cooperative contexts provide a more motivating context for children to produce arguments. Statement of contribution What is already known on this subject? Reasoning is a social skill that allows people to reach joint decisions. Preschoolers give reasons for their proposals in their peer conversations. By adolescence, children use sophisticated arguments (e.g., refutations and rebuttals). What the present study adds? Cooperation offers a more motivating context for children's argument production. Seven-year-olds are more strategic than five-year-olds in their reasoning with peers. Children's reasoning with others becomes more sophisticated after preschool years. © 2017 The British Psychological Society.

  11. L'argumentation dans la langue (Argumentation in Language)

    Science.gov (United States)

    Anscombre, J. C.; Ducrot, O.

    1976-01-01

    Questions the current distinction between semantics and pragmatics, and develops a theory of "argumentative scales" (Ducrot 1973), as well as a semantic model with three components and a revision of the notion of "illocutionary." (Text is in French.) (CDSH/AM)

  12. 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...... of distinction between the discourse potential of evaluative and referential propositions. This problem will be demonstrated on examples from the genre of advertising material which, because of its persuasive purpose, is particularly rich in argumentative features....

  13. Omitted Arguments and Complexity of Predication

    Science.gov (United States)

    Port, Martin

    2010-01-01

    This work focuses on the licensing conditions and logical structure of understood-argument constructions, or complement-drop constructions, in English. There are two main types of such arguments: Indefinite Understood Arguments (IUA) and Definite Understood Arguments (DUA). IUA readings occur in such cases in "He ate, He cooked". In such cases,…

  14. Pertinent reasoning

    CSIR Research Space (South Africa)

    Britz, K

    2010-05-01

    Full Text Available In this paper the authors venture beyond one of the fundamental assumptions in the non-monotonic reasoning community, namely that non-monotonic entailment is supra-classical. They investigate reasoning which uses an infra-classical entailment...

  15. Perspective Taking and Synchronous Argumentation for Learning the Day/Night Cycle

    Science.gov (United States)

    Schwarz, Baruch B.; Schur, Yaron; Pensso, Haim; Tayer, Naama

    2011-01-01

    Changing practices in schools is a very complex endeavor. This paper is about new practices we prompted to foster collaboration and critical reasoning in science classrooms: the presentation of pictures representing different perspectives, small group synchronous argumentation, and moderation of synchronous argumentation. A CSCL tool helped in…

  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. Mastery of Scientific Argumentation on the Concept of Neutralization in Chemistry: A Malaysian Perspective

    Science.gov (United States)

    Heng, Lee Ling; Surif, Johari; Seng, Cher Hau; Ibrahim, Nor Hasniza

    2015-01-01

    Purpose: Argumentative practices are central to science education, and have recently been emphasised to promote students' reasoning skills and to develop student's understanding of scientific concepts. This study examines the mastery of scientific argumentation, based on the concept of neutralisation, among secondary level science students, when…

  18. 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

  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. The Uneven Legal Push for Europe

    DEFF Research Database (Denmark)

    Wind, Marlene; Martinsen, Dorte Sindbjerg; Rotger, Gabriel Pons

    2009-01-01

    National courts have been key players in the legal push for Europe, though notably to varying degrees. This paper examines the persisting variations in the referral rates of national courts and the underlying causal factors, aiming to better understand why some member states' courts have been more...... reluctant to join in the legal push for Europe. By using econometric methods, it challenges the modified neofunctionalist argument that the extent of intra-EC trade explains the referral practice of the individual member states. Majoritarian democracy is hypothesized as a causal factor in the low referral...... of majoritarian democracy on the number of referrals. The paper concludes that, owing to the uneven legal push for Europe, some member states and their citizens remain at arms' length from the legal integration process - and, in consequence, from the full impact of European integration....

  1. Analysis of scientific argumentation in two physical chemistry classrooms using the POGIL approach

    Science.gov (United States)

    Moon, Alena C.

    The benefits of facilitating argumentation in science education have been well reported (Jimenez-Aleixandre & Erduran, 2007). Engaging in argumentation has shown to model authentic scientific inquiry as well as promote development of content knowledge. However, less emphasis has been placed on facilitating argumentation in upper level undergraduate courses, though it is important for evaluating undergraduate curricula to characterize upper level students' scientific reasoning. This work considers two implementations of the POGIL physical chemistry curriculum and evaluates the classroom argumentation. The researchers aimed to consider the content of the arguments and dialectical features characteristic of socially constructed arguments (Nielson, 2013). To do this, whole class sessions were videotaped and Toulmin's Argument Pattern (TAP) was used to identify the arguments generated during the class (Erduran, Simon, & Osborne, 2004). A learning progression on chemical thinking (Sevian & Talanquer, 2014) was used as a domain-specific measure of argument quality. Results show differences in argumentation between and across both classrooms that can be explained by analysis of instructor facilitation and the POGIL curriculum. The results from this work will be used to make recommendations for instructor facilitation of argumentation and reform of the POGIL curriculum.

  2. Rich preference-based argumentation frameworks

    OpenAIRE

    Amgoud , Leila; Vesic , Srdjan

    2014-01-01

    International audience; An argumentation framework is seen as a directed graph whose nodes are arguments and arcs are attacks between the arguments. Acceptable sets of arguments, called extensions, are computed using a semantics. Existing semantics are solely based on the attacks and do not take into account other important criteria like the intrinsic strengths of arguments. The contribution of this paper is three fold. First, we study how preferences issued from differences in strengths of a...

  3. Age differences in attitude change: influences of cognitive resources and motivation on responses to argument quantity.

    Science.gov (United States)

    Wang, Mo; Chen, Yiwei

    2006-09-01

    This study examined the influences of cognitive resources and motivation on how young and older adults process different quantities of persuasive arguments. In the first experiment session, both young and older adults rated their attitudes toward marijuana legalization and capital punishment. After a week, they read either 3 or 9 similar-quality arguments supporting marijuana legalization and capital punishment. Half of participants were assigned to the high-involvement condition (i.e., told that they were going to discuss the arguments later with the experimenter) and the other half were assigned to the low-involvement condition (i.e., given no instructions). After reading the arguments, participants rated their attitudes toward those 2 social issues again. Highly involved young adults changed their attitudes regardless of the quantity of arguments, whereas lowly involved young adults' attitude change was influenced by the argument quantity. Older adults in both high-involvement and low-involvement conditions changed their attitudes according to the argument quantity. Working memory was found to mediate the age effects on attitude change. This finding demonstrated the importance of a cognitive mechanism in accounting for age differences in attitude change.

  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. 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)

  6. A Davidsonian Argument Against Incommensurability

    NARCIS (Netherlands)

    Douven, I.; de Regt, H.W.

    2002-01-01

    The writings of Kuhn and Feyerabend on incommensurability challenged the idea that science progresses towards the truth. Davidson famously criticized the notion of incommensurability, arguing that it is incoherent. Davidson's argument was in turn criticized by Kuhn and others. This article argues

  7. 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

  8. 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...

  9. Did He Jump or Was He Pushed? Abductive Practical Reasoning

    NARCIS (Netherlands)

    Bex, F.J.; Bench-Capon, T.J.M.; Atkinson, K.; Francesconi, E; Sartor, E; Tiscornia, D

    2008-01-01

    In this paper we present an approach to abductive reasoning in law by examining it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent

  10. 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.

  11. On the use of contexts for representing knowledge in defeasible argumentation

    OpenAIRE

    Chesñevar, Carlos Iván

    1995-01-01

    The notion of context and its importance in knowledge representation and nonmonotonic reasoning was first discussed in Artificial Intelligence by John McCarthy. Ever since, contexts have found many applications in developing knowledge-based reasoning systems. Defeasible argumentation has gained wide acceptance within the Al community in the last years. Different argument-based frameworks have been proposed. In this respect, MTDR (Simari & Loui, 1992) has come to be one of the most s...

  12. 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…

  13. Legal Radiopathology

    International Nuclear Information System (INIS)

    Andrade Lima, L. de

    1986-01-01

    The author comments about the knowledge evolution about radioactivity and describes the most important chemical elements capable of discharging it and all the types of radioactivity according with Mendelejef's classification. He analyses the celular sensibility related to many variables, listing the biological effects that may happen depending on the quantity of radiation and exposition time to radiation. He also calls attention to procedures of dosimetry and radioprotection that must be done when anatomo-pathological examination of body fluids, discharges and tissues are carried out, stressing that protective clothing must be wear, decontamination or to make useless the material involved are important to get the job done. A description of the appropriated conditions to perform autopsy, to anoint and to cremate contaminated bodies and the procedures used by the Navy Hospital Marcilio Dias service of anatomo-pathology, Instituto de Radioprotecao e Dosimetria (IRD) and Comissao Nacional de Energia Nuclear (CNEN) is given, based on the experience gained in performing necropsy of dead patients and one anatomo-pathological examination of upper limb amputated inside the surgical room. He finishes describing the macroscopic injuries observed and listing the instrumental used, the reports made, giving details about the necropsy carried out and answering medical-legal matters. (author)

  14. 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.

  15. Arguments that take Counterconsiderations into Account

    Directory of Open Access Journals (Sweden)

    Jan Albert van Laar

    2014-09-01

    Full Text Available This paper examines arguments that take counter- considerations into account, and it does so from a dialogical point of view. According to my 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 least six fully responsive ways. Conductive arguments (or: pro and con arguments, balance of con-siderations arguments will be characterized as one of these types. In this manner, the paper aims to show how conducive, and related kinds of argument can be understood dialogically.

  16. Comment: Legal Liability as Climate Change Policy

    OpenAIRE

    Hilary Sigman

    2007-01-01

    Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

  17. Towards Real-Time Argumentation

    Directory of Open Access Journals (Sweden)

    Vicente JULIÁN

    2016-07-01

    Full Text Available In this paper, we deal with the problem of real-time coordination with the more general approach of reaching real-time agreements in MAS. Concretely, this work proposes a real-time argumentation framework in an attempt to provide agents with the ability of engaging in argumentative dialogues and come with a solution for their underlying agreement process within a bounded period of time. The framework has been implemented and evaluated in the domain of a customer support application. Concretely, we consider a society of agents that act on behalf of a group of technicians that must solve problems in a Technology Management Centre (TMC within a bounded time. This centre controls every process implicated in the provision of technological and customer support services to private or public organisations by means of a call centre. The contract signed between the TCM and the customer establishes penalties if the specified time is exceeded.

  18. A LIBRARIAN’S ARGUMENT

    Directory of Open Access Journals (Sweden)

    Brigita Miloš

    2013-01-01

    Full Text Available Cognitive linguistics/stylistics enable specific insights into the sex / gender identity issues, primarily by their basic theoretical postulate – mind embodiment. The aim of this paper is to analyze how the concept of rape functions in one particular statement/argument. Noted controversies and disputes, stemming from critical reading, also function as a version of ‘other’ embodied understandings of the term in question – rape.

  19. 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.

  20. 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

  1. 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...

  2. 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

  3. Diagrammatic Reasoning

    DEFF Research Database (Denmark)

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

    2015-01-01

    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...

  4. Zero expression of arguments in Old Danish

    DEFF Research Database (Denmark)

    Heltoft, Lars

    2014-01-01

    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.......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...

  5. 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

  6. 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.

  7. 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.

  8. Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

    Directory of Open Access Journals (Sweden)

    Shidarta Shidarta

    2017-01-01

    Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

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

    Science.gov (United States)

    Jegede, Oluremi

    1992-01-01

    Discussion of the effect of book scarcity on law libraries and the legal profession in Nigeria addresses the country's law library collections, reasons for book scarcity, local publication of legal literature, reasons why Nigerians publish abroad, and measures already taken and suggested measures to combat book scarcity. (14 references) (MES)

  10. Nominalized clauses, clausal arguments and agreement

    OpenAIRE

    Picallo, M. Carme

    2001-01-01

    Strict minimalist assumptions require adopting the hypothesis that argument clauses and nominalized clauses are assigned Phi features. The data examined suggest that the interpretable Phi content of these arguments is specified as [-P, -N, -G]. We conclude that all arguments (of the clausal or of the nominal types) are subject to the operation Agree with a functional category. All arguments behave alike as far as abstract computational operations is concerned. The computational component is b...

  11. The Binomial Coefficient for Negative Arguments

    OpenAIRE

    Kronenburg, M. J.

    2011-01-01

    The definition of the binomial coefficient in terms of gamma functions also allows non-integer arguments. For nonnegative integer arguments the gamma functions reduce to factorials, leading to the well-known Pascal triangle. Using a symmetry formula for the gamma function, this definition is extended to negative integer arguments, making the symmetry identity for binomial coefficients valid for all integer arguments. The agreement of this definition with some other identities and with the bin...

  12. The Reasonableness Test of the Principal Purpose Test Rule in OECD BEPS Action 6 (Tax Treaty Abuse) versus the EU Principle of Legal Certainty and the EU Abuse of Law Case Law

    OpenAIRE

    Weber, Dennis

    2017-01-01

    textabstractThe OECD BEPS Action 6 report contains a principal pur- pose test rule (PPT rule) for the purpose of combating abuse of tax treaties. This PPT rule is also included in the OECD Multilateral Instrument. The PPT rule is (amongst others) applicable when ‘it is rea- sonable to conclude’ that a benefit (granted by a tax treaty) was one of the principal purposes of any arrangement/ transaction. This requirement contains two elements: the reasonableness test and the principal purpose tes...

  13. [Abortion: towards worldwide legalization].

    Science.gov (United States)

    1998-09-01

    A table showing the current status of abortion in the world based on two recent and detailed studies is presented. Countries are categorized according to whether they totally prohibit abortion, permit it to save the mother's life, permit it to preserve her physical health or mental health, permit it for maternal socioeconomic reasons, or provide it at the mother's request. The countries are grouped into 5 geographic areas: America and the Caribbean; Central Asia, Middle East, and North Africa; East and South Asia and the Pacific; Europe; sub-Saharan Africa. The trend toward liberalization of laws is clear. The development of abortion laws is moving in the direction of complete legalization, that is, the creation of health norms that facilitate abortion for all women, with guarantees of medical safety. There are still countries that move to restrict access to abortion, and in a few cases, such as Colombia and Poland, legalization and prohibition have alternated depending on the social and political circumstances of the moment. In the past 12 years, 28 countries liberalized their laws in some way, while 4 countries with close ties to the Vatican restricted or prohibited access.

  14. The Problem of Evil: Theodicy and Argumentation

    Directory of Open Access Journals (Sweden)

    Shokhin Vladimir

    2016-09-01

    Full Text Available The paper departs from differing of two modalities of the attitude of the theistic reason to the problem of evil, i.e. building of universally valid explanatonary models (theodicy and apologies in the particular contexts (defense. The first one contradicts to the foundations of theistic world-view inasmuch as the biblical texts persuade one that causes of evil are particular and not universal and are far sometimes to be in the scope of a finite reason. In addition, logical problems with mutual correlation of the main theodicies are demonstrated. The modality of defense seems much more epistemically justified and actual, but here by no means all persuasive resources of controversy are used. The author suggests his own answers to some atheistic challenges, in the fi rst place unmasking double standards in the corresponding argumentation unavoidable for any wishful thinking and contraposes to the idea of multitude of gratuitous evils that of infinite profusion of undeserved boons.

  15. 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, the ...

  16. Modelling Mathematical Argumentation: The Importance of Qualification

    Science.gov (United States)

    Inglis, Matthew; Mejia-Ramos, Juan; Simpson, Adrian

    2007-01-01

    In recent years several mathematics education researchers have attempted to analyse students' arguments using a restricted form of Toulmina's ["The Uses of Argument," Cambridge University Press, UK, 1958] argumentation scheme. In this paper we report data from task-based interviews conducted with highly talented postgraduate mathematics students,…

  17. 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…

  18. 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,…

  19. Conscientious refusals and reason-giving.

    Science.gov (United States)

    Marsh, Jason

    2014-07-01

    Some philosophers have argued for what I call the reason-giving requirement for conscientious refusal in reproductive healthcare. According to this requirement, healthcare practitioners who conscientiously object to administering standard forms of treatment must have arguments to back up their conscience, arguments that are purely public in character. I argue that such a requirement, though attractive in some ways, faces an overlooked epistemic problem: it is either too easy or too difficult to satisfy in standard cases. I close by briefly considering whether a version of the reason-giving requirement can be salvaged despite this important difficulty. © 2013 John Wiley & Sons Ltd.

  20. 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....

  1. 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

  2. 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.

  3. Abortion as empowerment: reproductive rights activism in a legally restricted context.

    Science.gov (United States)

    McReynolds-Pérez, Julia

    2017-11-08

    This paper analyzes the strategies used by activist health professionals in Argentina who justify providing abortion despite legal restrictions on the procedure. These "insider activists" make a case for abortion rights by linking pregnancy termination to a woman's ability to exert agency at a key point in her reproductive life, and argue that refusing women access to the procedure constitutes a grievous health risk. This argument frames pregnancy termination as an issue of empowerment and also as a medical necessity. This article is based on ethnographic research conducted in Argentina in 2013 and 2015, which includes in-depth interviews with abortion activists and health professionals and ethnographic observation at activist events and in clinics. During the period of my field research, the medical staff in one clinic shifted from abortion counseling, based on a harm reduction model, to legal pregnancy termination, a new mode of abortion provision where they directly provided abortions based on the legal health exception. These insider activists formalized the latter approach by creating a diagnostic instrument that frames women's "bio-psycho-social" reasons for wishing to terminate a pregnancy as medically justified. The clinical practice analyzed in this article raises important questions about the potential for health professionals to take on an activist role by making safe abortion accessible, even in a context where the procedure is highly restricted.

  4. Peculiarities of the Nature and Status of the Russian Presidential Administration: Historical, Political and Legal Overview

    Directory of Open Access Journals (Sweden)

    Anton Vladimirovich Zuykov

    2018-03-01

    Full Text Available The Presidential Administration in the Russian Federation has never been just an adminicular mechanism of the head of state. Unlike its western analogs, it has always possessed an incomparably large resource of power. While presidents were changed, the personal stuff, structure and authorities of this body were also changed, but its central place in the management system of the Russian state remained stable. The Administration of the President of the Russian Federation is an institution, whose legal status does not have a clear legal shape. Not without reason the journalists, as well as lawyers, political scientists and historians sometimes call it the shadow government or the secret order. However, the legal nature of the administration of the President of the Russian Federation is not quite clear. Even the name "Administration" is often misleading: whether the Administration of the President of the Russian Federation may be considered the executive power or the public administration in a wider sense? This and other disputes about the nature of the Presidential Administration of the Russian Federation and its legal status have arisen in the expert community with the beginning of complex work on the constitutional project, and are still ongoing today. In this regard, the author of this article decided to make one of the first attempts in the country to investigate what the Administration of the President of the Russian Federation really is, what are the problems associated with its functioning, and whether there are legal means to resolve them at the present stage. To answer these questions, the author thoroughly analyzes the models and arguments proposed at different stages of the development of the new Russia, and correlates them with the basic constitutional principles.

  5. Argument Strength and the Persuasiveness of Stories

    Science.gov (United States)

    Schreiner, Constanze; Appel, Markus; Isberner, Maj-Britt; Richter, Tobias

    2017-01-01

    ABSTRACT Stories are a powerful means to change people’s attitudes and beliefs. The aim of the current work was to shed light on the role of argument strength (argument quality) in narrative persuasion. The present study examined the influence of strong versus weak arguments on attitudes in a low or high narrative context. Moreover, baseline attitudes, interindividual differences in working memory capacity, and recipients’ transportation were examined. Stories with strong arguments were more persuasive than stories with weak arguments. This main effect was qualified by a two-way interaction with baseline attitude, revealing that argument strength had a greater impact on individuals who initially were particularly doubtful toward the story claim. Furthermore, we identified a three-way interaction showing that argument strength mattered most for recipients who were deeply transported into the story world in stories that followed a typical narrative structure. These findings provide an important specification of narrative persuasion theory. PMID:29805322

  6. Types of arguments in parents-children discussions:: an argumentative analysis

    OpenAIRE

    Bova, Antonio; Arcidiacono, Francesco

    2014-01-01

    This study aims to single out the argumentative strategies most frequently used by parents to convince their children to accept their rules and prescriptions at mealtimes. The results of thestudy show that parents mostly put forward arguments based on the quality and quantity of food to persuade their childern to eat. Less frequently, the parents put forward other types of arguments such as the appeal to consistency, the arguments from expert opinion, and the argument from analogy. Whi...

  7. A Reinforcement Learning Approach to Improve the Argument Selection Effectiveness in Argumentation-based Negotiation

    OpenAIRE

    Amandi, Analia Adriana; Monteserin, Ariel José

    2016-01-01

    Argument selection is considered the essence of the strategy in argumentation-based negotiation. An agent, which is arguing during a negotiation, must decide what arguments are the best to persuade the opponent. In fact, in each negotiation step, the agent must select an argument from a set of candidate arguments by applying some selection policy. Following this policy, the agent observes some factors of the negotiation context, for instance: trust in the opponent and expected utility of the...

  8. 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.

  9. 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...

  10. 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.

  11. Achieving Excellence in the Legal Profession in a Globalized World ...

    African Journals Online (AJOL)

    The increasing impacts of information technology and the internet have demystified knowledge and skills in all professions leaving the lawyer of today a person of business and ethics. The key argument in this paper is that ... knowledge and skill in that order. Keywords: Legal education, excellence, globalization, technology ...

  12. Regional Legal Assistance

    Directory of Open Access Journals (Sweden)

    Abdul Fatah

    2015-06-01

    Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

  13. Stare Decisis: Dueling Legal Interpretations of the Douglas County, Colorado Choice Scholarship Program

    Science.gov (United States)

    Fox, Robert A.

    2016-01-01

    In the absence of incontrovertible performance data in support of, or opposition to, school vouchers, court decisions on their legality become increasingly important. Analysis of legal challenges provides a rich opportunity for scholars and policymakers to follow arguments for or against their positions. We present a chronicle of the litigation…

  14. 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…

  15. Development and necessary norms of reasoning

    Science.gov (United States)

    Markovits, Henry

    2014-01-01

    The question of whether reasoning can, or should, be described by a single normative model is an important one. In the following, I combine epistemological considerations taken from Piaget’s notion of genetic epistemology, a hypothesis about the role of reasoning in communication and developmental data to argue that some basic logical principles are in fact highly normative. I argue here that explicit, analytic human reasoning, in contrast to intuitive reasoning, uniformly relies on a form of validity that allows distinguishing between valid and invalid arguments based on the existence of counterexamples to conclusions. PMID:24904501

  16. 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

  17. 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...

  18. Non-Discriminating Arguments and Their Uses

    DEFF Research Database (Denmark)

    Christiansen, Henning; Gallagher, John Patrick

    2009-01-01

    We present a technique for identifying predicate arguments that play no role in determining the control flow of a logic program with respect to goals satisfying given mode and sharing restrictions.  We call such arguments non-discriminating arguments. We show that such arguments can be detected...... 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...

  19. Student Difficulties in Socio-Scientific Argumentation and Decision-Making Research Findings: Crossing the Borders of Two Research Lines

    Science.gov (United States)

    Acar, Omer; Turkmen, Lutfullah; Roychoudhury, Anita

    2010-01-01

    Students' poor argumentation in the context of socio-scientific issues has become a concern in science education. Identified problems associated with student argumentation in socio-scientific issues are misevaluation of evidence, naive nature of science conceptualizations, and inappropriate use of value-based reasoning. In this theoretical paper,…

  20. 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.

  1. Humanist Principles Underlying Philosophy of Argument

    Directory of Open Access Journals (Sweden)

    George Boger

    2008-02-01

    Full Text Available This discussion reviews the thinking of some prominent philosophers of argument to extract principles common to their thinking. It shows that a growing concern with dialogical pragmatics is better appreciated as a part of applied ethics than of applied epistemology. The discussion concludes by indicating a possible consequence for philosophy of argument and invites further discussion by asking whether argumentation philosophy has an implicit, underlying moral, or even political, posture.

  2. Modelling group decision simulation through argumentation

    OpenAIRE

    Marreiros, Goreti; Novais, Paulo; Machado, José; Ramos, Carlos; Neves, José

    2007-01-01

    Group decision making plays an important role in today’s organisations. The impact of decision making is so high and complex, that rarely the decision making process is made individually. In Group Decision Argumentation, there is a set of participants, with different profiles and expertise levels, that exchange ideas or engage in a process of argumentation and counter-argumentation, negotiate, cooperate, collaborate or even discuss techniques and/or methodologies for problem solving. In this ...

  3. A Viewpoint Approach to Structured Argumentation

    OpenAIRE

    Tamani, Nouredine; Croitoru, Madalina; Buche, Patrice

    2013-01-01

    We introduce in this paper a viewpoint-based argumentation approach in the context of the EcoBioCap project, which requirements are different actor arguments expressed over several criteria, describing the objects of a domain, to support/oppose contradictory goals. A viewpoint is an ASPIC+ argumentation system defined over a subset of rules corresponding to a single criterion. Concepts of conflict between viewpoints, independent viewpoints, and collection of independent viewpoints are the bas...

  4. 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.

  5. 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.

  6. The great slippery-slope argument.

    OpenAIRE

    Burgess, J A

    1993-01-01

    Whenever some form of beneficent killing--for example, voluntary euthanasia--is advocated, the proposal is greeted with a flood of slippery-slope arguments warning of the dangers of a Nazi-style slide into genocide. This paper is an attempt systematically to evaluate arguments of this kind. Although there are slippery-slope arguments that are sound and convincing, typical formulations of the Nazi-invoking argument are found to be seriously deficient both in logical rigour and in the social hi...

  7. 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 ...

  8. The Legal Case

    NARCIS (Netherlands)

    Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

    2013-01-01

    This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

  9. 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.

  10. Arguing collaboratively: Argumentative discourse types and their potential for knowledge building.

    Science.gov (United States)

    Felton, Mark; Garcia-Mila, Merce; Villarroel, Constanza; Gilabert, Sandra

    2015-09-01

    There is growing interest in using argumentative discourse in educational settings. However, in a previous study, we found that discourse goals (persuasion vs. consensus) while arguing can affect student outcomes in both content learning and reasoning. In this study, we look at argumentative discourse data from a previous study to ask how differences in discourse might account for the differences we observed in learning and reasoning outcomes. One hundred and five dialogues (57 disputative, 48 consensus) between 7th grade science students attending a public high school near Tarragona, Spain. Participants were randomly assigned to conditions and paired with peers who disagreed with them on three topics related to renewable energy sources. After instruction on each topic, they were asked to either 'argue to convince' (persuasion condition) or 'argue to reach consensus' (consensus condition) on that topic. Conversations were audio-recorded and transcribed for analysis. Students in the persuasion condition engaged in shorter conversational exchanges around argumentative claims and were more likely to use moves that foreclosed discussion, whereas students in the consensus condition were more likely to use moves that elicited, elaborated on, and integrated their partners' ideas. When arguing to reach - rather than defend - a conclusion, students are more likely to coconstruct knowledge by exchanging and integrating arguments. These findings are consistent with predictions about the potential of argumentation for knowledge building and suggest that teachers must attend to discourse goals when using argumentation to support learning and reasoning. © 2015 The British Psychological Society.

  11. The principle of procreative beneficence: old arguments and a new challenge.

    Science.gov (United States)

    Hotke, Andrew

    2014-06-01

    In the last ten years, there have been a number of attempts to refute Julian Savulescu's Principle of Procreative Beneficence; a principle which claims that parents have a moral obligation to have the best child that they can possibly have. So far, no arguments against this principle have succeeded at refuting it. This paper tries to explain the shortcomings of some of the more notable arguments against this principle. I attempt to break down the argument for the principle and in doing so, I explain what is needed to properly refute it. This helps me show how and why the arguments of Rebecca Bennett, Sarah Stoller and others fail to refute the principle. Afterwards, I offer a new challenge to the principle. I attack what I understand to be a fundamental premise of the argument, a premise which has been overlooked in the literature written about this principle. I argue that there is no reason to suppose, as Savulescu does, that morality requires us to do what we have most reason to do. If we reject this premise, as I believe we have reason to do, the argument for Procreative Beneficence fails. © 2012 John Wiley & Sons Ltd.

  12. 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.

  13. How People Reason: A Grounded Theory Study of Scientific Reasoning about Global Climate Change

    Science.gov (United States)

    Liu, Shiyu

    Scientific reasoning is crucial in both scientific inquiry and everyday life. While the majority of researchers have studied "how people reason" by focusing on their cognitive processes, factors related to the underpinnings of scientific reasoning are still under-researched. The present study aimed to develop a grounded theory that captures not only the cognitive processes during reasoning but also their underpinnings. In particular, the grounded theory and phenomenographic methodologies were integrated to explore how undergraduate students reason about competing theories and evidence on global climate change. Twenty-six undergraduate students were recruited through theoretical sampling. Constant comparative analysis of responses from interviews and written assessments revealed that participants were mostly drawn to the surface features when reasoning about evidence. While prior knowledge might not directly contribute to participants' performance on evidence evaluation, it affected their level of engagement when reading and evaluating competing arguments on climate issues. More importantly, even though all participants acknowledged the relative correctness of multiple perspectives, they predominantly favored arguments that supported their own beliefs with weak scientific reasoning about the opposing arguments. Additionally, factors such as personal interests, religious beliefs, and reading capacity were also found to have bearings on the way participants evaluated evidence and arguments. In all, this work contributes to the current endeavors in exploring the nature of scientific reasoning. Taking a holistic perspective, it provides an in-depth discussion of factors that may affect or relate to scientific reasoning processes. Furthermore, in comparison with traditional methods used in the literature, the methodological approach employed in this work brought an innovative insight into the investigation of scientific reasoning. Last but not least, this research may

  14. 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.

  15. 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.

  16. 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.

  17. 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

  18. Design Argumentation in Academic Design Education

    DEFF Research Database (Denmark)

    Dalsgaard, Peter; Dindler, Christian; Fritsch, Jonas

    2013-01-01

    We explore design argumentation as a resource when teaching interaction design in a university setting. We propose that design argumentation can help bridge between practice-based design education and theoretical issues from university curricula. In this paper, we outline the idea of design...

  19. An Argument Approach to Observation Protocol Validity

    Science.gov (United States)

    Bell, Courtney A.; Gitomer, Drew H.; McCaffrey, Daniel F.; Hamre, Bridget K.; Pianta, Robert C.; Qi, Yi

    2012-01-01

    This article develops a validity argument approach for use on observation protocols currently used to assess teacher quality for high-stakes personnel and professional development decisions. After defining the teaching quality domain, we articulate an interpretive argument for observation protocols. To illustrate the types of evidence that might…

  20. 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

  1. 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…

  2. 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...

  3. The assessment of argumentation from expert opinion

    NARCIS (Netherlands)

    Wagemans, J.H.M.

    2011-01-01

    In this contribution, I will develop a comprehensive tool for the reconstruction and evaluation of argumentation from expert opinion. This is done by analyzing and then combining two dialectical accounts of this type of argumentation. Walton’s account of the ‘appeal to expert opinion’ provides a

  4. Argument and Credibility Appeals in Persuasion.

    Science.gov (United States)

    Benoit, William L.

    1987-01-01

    Indicated that (1) arguments perceived as strong by receivers generated both more favorable, supportive cognitive responses and attitude change than weak message arguments; and (2) perceived source expertise and attractiveness influenced cognitive responses, but not in a coherent fashion or to the extent that they effect attitude change. (JD)

  5. Can't see the woods for the trees: exploring the range and connection of tobacco industry argumentation in the 2012 UK standardised packaging consultation.

    Science.gov (United States)

    Lie, Jessamina Lih Yan; Fooks, Gary; de Vries, Nanne K; Heijndijk, Suzanne M; Willemsen, Marc C

    2017-07-25

    Transnational tobacco company (TTC) submissions to the 2012 UK standardised packaging consultation are studied to examine TTC argumentation in the context of Better Regulation practices. A content analysis was conducted of Philip Morris International and British American Tobacco submissions to the 2012 UK consultation. Industry arguments concerning expected costs and (contested) benefits of the policy were categorised into themes and frames. The inter-relationship between frames through linked arguments was mapped to analyse central arguments using an argumentation network. 173 arguments were identified. Arguments fell into one of five frames: ineffectiveness, negative economic consequences, harm to public health, increased crime or legal ramifications. Arguments highlighted high costs to a wide range of groups, including government, general public and other businesses. Arguments also questioned the public health benefits of standardised packaging and highlighted the potential benefits to undeserving groups. An increase in illicit trade was the most central argument and linked to the greatest variety of arguments. In policy-making systems characterised by mandatory impact assessments and public consultations, the wide range of cost (and contested benefits) based arguments highlights the risk of TTCs overloading policy actors and causing delays in policy adoption. Illicit trade related arguments are central to providing a rationale for these arguments, which include the claim that standardised packaging will increase health risks. The strategic importance of illicit trade arguments to industry argumentation in public consultations underlines the risks of relying on industry data relating to the scale of the illicit trade. © Article author(s) (or their employer(s) unless otherwise stated in the text of the article) 2017. All rights reserved. No commercial use is permitted unless otherwise expressly granted.

  6. That’s No Argument! The Dialectic of Non-Argumentation

    NARCIS (Netherlands)

    Krabbe, Erik C. W.; van Laar, Jan Albert

    2015-01-01

    What if in discussion the critic refuses to recognize an emotionally expressed (alleged) argument of her interlocutor as an argument, accusing him of having presented no argument at all. In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a

  7. 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.

  8. 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

    2012-01-01

    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…

  9. Argument Construction in Understanding Noncovalent Interactions: A Comparison of Two Argumentation Frameworks

    Science.gov (United States)

    Cooper, A. Kat; Oliver-Hoyo, M. T.

    2016-01-01

    Argument construction is a valuable ability for explaining scientific phenomena and introducing argumentation skills as part of a curriculum can greatly enhance student understanding by promoting self-reflection on the topic under investigation. This article aims to use argument construction as a technique to support an activity designed to…

  10. The great slippery-slope argument.

    Science.gov (United States)

    Burgess, J A

    1993-09-01

    Whenever some form of beneficent killing--for example, voluntary euthanasia--is advocated, the proposal is greeted with a flood of slippery-slope arguments warning of the dangers of a Nazi-style slide into genocide. This paper is an attempt systematically to evaluate arguments of this kind. Although there are slippery-slope arguments that are sound and convincing, typical formulations of the Nazi-invoking argument are found to be seriously deficient both in logical rigour and in the social history and psychology required as a scholarly underpinning. As an antidote, an attempt is made both to identify some of the likely causes of genocide and to isolate some of the more modest but legitimate fears that lie behind slippery-slope arguments of this kind.

  11. The Determinants of Money Arguments between Spouses

    Directory of Open Access Journals (Sweden)

    Dorothy B. Durband

    2010-10-01

    Full Text Available A commonly held view is that arguments about money are associated with marital problems, but relatively little is known about the nature of arguing about money within marriage. Using data from the National Longitudinal Survey of Youth 1979 (NLSY79, this study uses a collective bargaining approach to examine the role of money arguments in marriage. The sample (N = 1,371 consists of married women. A collective bargaining framework provides a context for understanding money arguments within the marital relationship. Results indicate that costly communication is the dominant predictor of money arguments, followed by level and proportion of wife’s income, and household net worth. Because results suggest that both communication and financial resources are important components to understanding money arguments within marriage, a combination of professionals trained in marital therapy and/or financial planning is required for couples interested in seeking assistance to increase their satisfaction and/or avoid divorce.

  12. Legalized abortion in Japan.

    Science.gov (United States)

    Hart, T M

    1967-10-01

    The enactment of the Eugenic Protection Act in Japan was followed by many changes. The population explosion was stemmed, the birth rate was halved, and while the marriage rate remained steady the divorce rate declined. The annual total of abortions increased until 1955 and then slowly declined. The highest incidence of abortions in families is in the 30 to 34 age group when there are four children in the family. As elsewhere abortion in advanced stages of pregnancy is associated with high morbidity and mortality. There is little consensus as to the number of criminal abortions. Reasons for criminal abortions can be found in the legal restrictions concerning abortion: Licensing of the abortionist, certification of hospitals, taxation of operations and the requirement that abortion be reported. Other factors are price competition and the patient's desire for secrecy. Contraception is relatively ineffective as a birth control method in Japan. Oral contraceptives are not yet government approved. In 1958 alone 1.1 per cent of married women were sterilized and the incidence of sterilization was increasing.

  13. 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

  14. 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 ...

  15. Caspian oil and Azerbaijan foreign policy: analyse of Azerbaijanese arguments

    International Nuclear Information System (INIS)

    Gurbanov, T.

    2005-03-01

    Since Azerbaijan's independence, He decided to use its natural resources for strengthening the bases of a new state and signed 21 massive oil contracts with 35 companies of 21 different countries. Our research aims to analyse the Azerbaijanis' arguments related to Caspian oil through its foreign policy, by economic, legal and geopolitical axes. Oil has a fundamental place in the country's economy, as it is Azerbaijan's Gross Product. The treaties of 1921 and 1940 do not regulate the question concerning the common use of the resources of the Caspian Sea. Therefore, it became urgent to define new status related to divide the sea by median line into national sectors according to the equidistance principles. As the oil is a 'political game' between foreign powers, Azerbaijan tries to take the benefice from this 'New great game' by transforming the country into a zone of cooperation. (author)

  16. 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

  17. 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.

  18. Ethical and Legal Issues in Gestational Surrogacy.

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother).

  19. Ethical and Legal Issues in Gestational Surrogacy

    Science.gov (United States)

    Casella, Claudia; Capasso, Emanuele; Terracciano, Lucia; Delbon, Paola; Fedeli, Piergiorgio; Salzano, Francesco Antonio; Policino, Fabio; Niola, Massimo

    2018-01-01

    Abstract This study originated from events that occurred in 2014 in an Italian hospital, where the embryos of a couple, obtained by means of homologous insemination, were mistakenly implanted into the uterus of another woman who, along with her husband, underwent the same treatment. Faced with this serious adverse circumstance, that gives rise to ethical and legal issues, the authors conducted a comparative examination of how to consider the division of maternity (between biological mother and uterine mother) and the related division of paternity (between genetic father and legal father, husband or partner of the gestational mother). Some preliminary observations are made concerning parenthood and filiation within the context of currently applicable Italian law. The following is a detailed analysis of the arguments in favour of the parental figures involved (gestational mother/genetic mother). PMID:29675478

  20. 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.

  1. 'You are inferior!' Revisiting the expressivist argument.

    Science.gov (United States)

    Hofmann, Bjørn

    2017-09-01

    According to the expressivist argument the choice to use biotechnologies to prevent the birth of individuals with specific disabilities is an expression of disvalue for existing people with this disability. The argument has stirred a lively debate and has recently received renewed attention. This article starts with presenting the expressivist argument and its core elements. It then goes on to present and examine the counter-arguments before it addresses some aspects that have gained surprisingly little attention. The analysis demonstrates that the expressivist argument has a wide range of underpinnings and that counter-arguments tend to focus on only a few of these. It also reveals an important aspect that appears to have been ignored, i.e., that people do not select foetuses based on chromosomes or other biological traits, but based on characteristics of living persons with specific disabilities. This makes it more difficult to undermine the claim that negative selection of foetuses expresses a disvaluing of persons with such disabilities. It leaves the expressivist argument with a strong bite still. © 2017 John Wiley & Sons Ltd.

  2. Revisiting the argument from fetal potential

    Directory of Open Access Journals (Sweden)

    Manninen Bertha

    2007-05-01

    Full Text Available Abstract One of the most famous, and most derided, arguments against the morality of abortion is the argument from potential, which maintains that the fetus' potential to become a person and enjoy the valuable life common to persons, entails that its destruction is prima facie morally impermissible. In this paper, I will revisit and offer a defense of the argument from potential. First, I will criticize the classical arguments proffered against the importance of fetal potential, specifically the arguments put forth by philosophers Peter Singer and David Boonin, by carefully unpacking the claims made in these arguments and illustrating why they are flawed. Secondly, I will maintain that fetal potential is morally relevant when it comes to the morality of abortion, but that it must be accorded a proper place in the argument. This proper place, however, cannot be found until we first answer a very important and complex question: we must first address the issue of personal identity, and when the fetus becomes the type of being who is relevantly identical to a future person. I will illustrate why the question of fetal potential can only be meaningfully addressed after we have first answered the question of personal identity and how it relates to the human fetus.

  3. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    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......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...

  4. Medico legal issues.

    Science.gov (United States)

    Mackenzie, Geraldine; Carter, Hugh

    2010-01-01

    This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

  5. 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.

  6. 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

  7. 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

  8. 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.

  9. 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.

  10. Brain Imaging, Forward Inference, and Theories of Reasoning

    Science.gov (United States)

    Heit, Evan

    2015-01-01

    This review focuses on the issue of how neuroimaging studies address theoretical accounts of reasoning, through the lens of the method of forward inference (Henson, 2005, 2006). After theories of deductive and inductive reasoning are briefly presented, the method of forward inference for distinguishing between psychological theories based on brain imaging evidence is critically reviewed. Brain imaging studies of reasoning, comparing deductive and inductive arguments, comparing meaningful versus non-meaningful material, investigating hemispheric localization, and comparing conditional and relational arguments, are assessed in light of the method of forward inference. Finally, conclusions are drawn with regard to future research opportunities. PMID:25620926

  11. Brain imaging, forward inference, and theories of reasoning.

    Science.gov (United States)

    Heit, Evan

    2014-01-01

    This review focuses on the issue of how neuroimaging studies address theoretical accounts of reasoning, through the lens of the method of forward inference (Henson, 2005, 2006). After theories of deductive and inductive reasoning are briefly presented, the method of forward inference for distinguishing between psychological theories based on brain imaging evidence is critically reviewed. Brain imaging studies of reasoning, comparing deductive and inductive arguments, comparing meaningful versus non-meaningful material, investigating hemispheric localization, and comparing conditional and relational arguments, are assessed in light of the method of forward inference. Finally, conclusions are drawn with regard to future research opportunities.

  12. Legal regime of human activities in outer space law

    Science.gov (United States)

    Golda, Carlo

    1994-01-01

    Current developments in space activities increasingly involve the presence of humans on board spacecraft and, in the near future, on the Moon, on Mars, on board Space Stations, etc. With respect to these challenges, the political and legal issues connected to the status of astronauts are largely unclear and require a new doctrinal attention. In the same way, many legal and political questions remain open in the structure of future space crews: the need for international standards in the definition and training of astronauts, etc.; but, first of all, an international uniform legal definition of astronauts. Moreover, the legal structure for human life and operations in outer space can be a new and relevant paradigm for the definition of similar rules in all the situations and environments in which humans are involved in extreme frontiers. The present article starts from an overview on the existing legal and political definitions of 'astronauts', moving to the search of a more useful definition. This is followed by an analysis of the concrete problems created by human space activities, and the legal and political responses to them (the need for a code of conduct; the structure of the crew and the existing rules in the US and ex-USSR; the new legal theories on the argument; the definition and structure of a code of conduct; the next legal problems in fields such as privacy law, communications law, business law, criminal law, etc.).

  13. 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.

  14. Guidelines for writing an argumentative essay

    OpenAIRE

    Aleksandra Egurnova

    2014-01-01

    The guidelines below are intended for teachers, professors, students, and the public at large who are interested in the issues of English writing culture. They provide a detailed plan for completing the writing task–writing an argumentative essay.

  15. Argumentation and Multi-Agent Decision Making

    OpenAIRE

    Parsons, S.; Jennings, N. R.

    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.

  16. Support for argument structures review and assessment

    International Nuclear Information System (INIS)

    Cyra, Lukasz; Gorski, Janusz

    2011-01-01

    Argument structures are commonly used to develop and present cases for safety, security and for other properties of systems. Such structures tend to grow excessively, which causes problems with their review and assessment. Two issues are of particular interest: (1) systematic and explicit assessment of the compelling power of an argument, and (2) communication of the result of such an assessment to relevant recipients. The paper presents a solution to these problems. The method of Visual Assessment of Arguments (VAA), being this solution, is based on the Dempster-Shafer theory of evidence applied to the assessment of the strength of arguments, and a visual mechanism of issuing and presenting assessments, supported by the so-called opinion triangle. In the paper we explain theoretical grounding for the method and provide guidance on its application. The results of some validation experiments are also presented.

  17. The sensitivity argument against child euthanasia.

    Science.gov (United States)

    Keeling, Geoff

    2018-02-01

    Is there a moral difference between euthanasia for terminally ill adults and euthanasia for terminally ill children? Luc Bovens considers five arguments to this effect, and argues that each is unsuccessful. In this paper, I argue that Bovens' dismissal of the sensitivity argument is unconvincing. 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/.

  18. 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-...

  19. Sensitizing Reasons by Emulating Exemplars

    Directory of Open Access Journals (Sweden)

    Kunimasa Sato

    2015-05-01

    Full Text Available The fostering of rationality has long been endorsed as an educational ideal by some philosophers; in recent years, whereas some have argued for this ideal, others have challenged it, particularly within debates relevant to the study of critical thinking. Harvey Siegel, who has spelled out the philosophical theory of educating for rationality, not only has defended his view from such challenges but also has been deepening his thoughts regarding how rationality can be fostered. This paper centers on the cultivating of sensitivity to reasons in the fostering of rationality by critically examining and extending Siegel’s arguments concerning the notion of what he calls “felt reasons.” By clarifying the notion of felt reasons, I will argue for two ideas: first, teachers, parents, and fictional characters in media such as novels and films can be seen as exemplars that manifest rationality; second, the emotion of admiring exemplars may act as a motivating force for children—including small children who are still not sensitive to reasons and thus are not moved by reasons—to be critical thinkers.

  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. Legalization of drugs of abuse and the pediatrician.

    Science.gov (United States)

    Schwartz, R H

    1991-10-01

    Growing numbers of individuals are proposing that drugs be legalized in the United States, with claims that federal, state, and local efforts to prohibit the use of illicit drugs are irrational and unenforceable. "Drug reform" advocates include persons of all political persuasions. Ironically, the call for drug reform comes at a time when trends in drug abuse, as reflected in national and state surveys, show a promising decline. It also is contradictory to at least one recent public opinion poll, in which respondents opposed the legalization of marijuana by a five-to-one margin. While their position is by no means unanimous, proponents of drug reform generally base their arguments on several key premises, such as elimination of or reductions in drug trafficking, enforcement, and interdiction expenditures; increased tax revenues from the legal sale of drugs; and reductions in health-care expenses associated with drug treatment. Reform advocates further claim that legalization would not be followed by an increase in drug use. The validity of each of these arguments is highly questionable. Legalization is a simplistic, short-sighted solution to a complex issue with public health, economic, criminal justice, and societal ramifications. Legalization would, moreover, abrogate the position taken in 1961 by the United States and 114 other nations in ratifying the United Nations Single Convention on Narcotic Drugs. The impact of drug reform merits an unbiased study by an independent agency. Until that time, pediatricians should inform themselves of the arguments for and against drug reform and be prepared to educate patients and their families about the issue.

  3. 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.

  4. Uses of Extra-Legal Sources in "Amicus Curiae" Briefs Submitted in "Fisher v. University of Texas at Austin"

    Science.gov (United States)

    Marin, Patricia; Horn, Catherine L.; Miksch, Karen; Garces, Liliana M.; Yun, John T.

    2018-01-01

    As the political arena becomes increasingly polarized, the legal arena is playing a more important role in the creation of education policy in the United States. One critical stage in the legal process for such efforts is at briefing where "amici curiae," or friends-of-the-court, may introduce additional arguments for the court to…

  5. Combining conceptual graphs and argumentation for aiding in the teleexpertise.

    Science.gov (United States)

    Doumbouya, Mamadou Bilo; Kamsu-Foguem, Bernard; Kenfack, Hugues; Foguem, Clovis

    2015-08-01

    Current medical information systems are too complex to be meaningfully exploited. Hence there is a need to develop new strategies for maximising the exploitation of medical data to the benefit of medical professionals. It is against this backdrop that we want to propose a tangible contribution by providing a tool which combines conceptual graphs and Dung׳s argumentation system in order to assist medical professionals in their decision making process. The proposed tool allows medical professionals to easily manipulate and visualise queries and answers for making decisions during the practice of teleexpertise. The knowledge modelling is made using an open application programming interface (API) called CoGui, which offers the means for building structured knowledge bases with the dedicated functionalities of graph-based reasoning via retrieved data from different institutions (hospitals, national security centre, and nursing homes). The tool that we have described in this study supports a formal traceable structure of the reasoning with acceptable arguments to elucidate some ethical problems that occur very often in the telemedicine domain. Copyright © 2015 Elsevier Ltd. All rights reserved.

  6. One good reason to speak of ‘climate refugees’

    Directory of Open Access Journals (Sweden)

    François Gemenne

    2015-05-01

    Full Text Available The concept of ‘environmental refugees’, or ‘climate refugees’, has been progressively abandoned, as having no legal basis. I want to argue that there are good reasons to use the term.

  7. The sight of the peacock's tail makes me sick: the early arguments on sexual selection.

    Science.gov (United States)

    Hiraiwa-Hasegawa, M

    2000-03-01

    Why does a peacock have a beautiful train, while a peahen is sober without such flamboyance? Darwin proposed the theory of sexual selection to explain the differences between the sexes of the same species. Recently the study of sexual selection has been one of the most flourishing areas in evolutionary biology. However, the theory met with great resistance from biologists since the publication of the idea and the history of the theory included a lot of misunderstanding and confusion. There are several reasons for this. First, classical Darwinism failed to recognize social competition as an important selective force. Second, the good-for-the-species argument, which persisted in the days after Darwin, made the sexual selection argument more difficult to under-stand. Compared to the discussions on animals, Darwin's argument on human sex differences is not satisfactory. The reason probably lies in the debate over human racial differences which prevailed in the 19th century.

  8. 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.

  9. 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.

  10. 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)

  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. [The structure of meta-ethical reasoning and "paradigmatic instability" of medicine].

    Science.gov (United States)

    Maroszyńska-Jezowska, B

    1998-01-01

    Meta-ethics is such a philosophical discipline that it analyses meaning and logical status of moral conceptions and arguments. Its scope of interest is focused on such problems, among others, as to what extent are moral values the intrinsic part of our reality and, on the other hand, to what extent are they merely the expression or certain conventions, emotions or directives. Codes of medical ethics and other legal acts concerning ethical commitments, both domestic and international (as, for example, Declaration of Helsinki), are based on a certain hidden meta-ethical presumption that morality is a human creation, and thus it belongs to a certain so-called "social realm". As such, medical ethics undergoes continuous transformations with regard to technological progress, which creates new moral challenges. This frequently leads to conflicts between moral, legal and praxiological norms under the absence of consensual conformity of utilitarian and deontological ways of moral reasoning. It may be useful for medical ethics to differentiate between axiological and thetic norms that are present in codes of medical ethics and in various international bioethical declarations and conventions.

  13. 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

  14. 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…

  15. 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

  16. 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…

  17. Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2009-08-15

    The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

  18. Inductive Reasoning in Patients with Paranoid Type Schizophrenia

    OpenAIRE

    Mehmet Emrah Karadere; Yasir Safak; Halime Seyma Ozcelik; Emre Demir; Mehmet Hakan Turkcapar

    2017-01-01

    The goal of our study is to evaluate the decision making and reasoning of the paranoid type schizophrenic patients, and their confidence in reasoning and perseverance in keeping to their decisions via using Reasoning with Inductive Argument Test (RIAT). Thirty-two delusional patients and 30 healthy volunteers were included in the study. After the diagnostic interview was conducted by SCID-I to the patients who were asked to participate in the study, RIAT test was applied by the interviewe...

  19. 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.

  20. Legal Approaches to Online Arbitration: Opportunities and Challenges in Indonesia

    OpenAIRE

    Fitrianingrum, Agustina; Shahrullah, Rina Shahriyani; Syarief, Elza

    2016-01-01

    Abstract Online arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approa...

  1. Abortion legalized: challenges ahead.

    Science.gov (United States)

    Singh, M; Jha, R

    2007-01-01

    To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

  2. Argumentation Ethics and The Philosophy of Freedom

    Directory of Open Access Journals (Sweden)

    Frank van Dun

    2009-03-01

    Full Text Available When H.-H. Hoppe claimed (in A Theory of Socialism and Capitalism, 1989 that the principles of libertarianism were argumentatively irrefutable, both the logical coherence and the relevance of his “argument from argumentation” were criticized. While occasionally some of these criticisms still crop up, this paper defends Hoppe’s claim against them from the vantage point of the author’s own work (in Dutch on the ethics of dialogue in the nineteen-seventies. It presents a more detailed and systematic presentation of the “argument from argumentation” than Hoppe had need for in the particular context of his book. It makes a distinction between arguments about principles and arguments about particular cases in which these principles may be invoked; and between the normative validity (as a matter of principle of certain presumptions and the fact that in particular cases these presumptions hold only in principle and can be refuted by the evidence pertaining to the cases.

  3. Inductive and deductive reasoning in obsessive-compulsive disorder.

    Science.gov (United States)

    Liew, Janice; Grisham, Jessica R; Hayes, Brett K

    2018-06-01

    This study examined the hypothesis that participants diagnosed with obsessive-compulsive disorder (OCD) show a selective deficit in inductive reasoning but are equivalent to controls in deductive reasoning. Twenty-five participants with OCD and 25 non-clinical controls made inductive and deductive judgments about a common set of arguments that varied in logical validity and the amount of positive evidence provided (premise sample size). A second inductive reasoning task required participants to make forced-choice decisions and rate the usefulness of diverse evidence or non-diverse evidence for evaluating arguments. No differences in deductive reasoning were found between participants diagnosed with OCD and control participants. Both groups saw that the amount of positive evidence supporting a conclusion was an important guide for evaluating inductive arguments. However, those with OCD showed less sensitivity to premise diversity in inductive reasoning than controls. The findings were similar for both emotionally neutral and OCD-relevant stimuli. The absence of a clinical control group means that it is difficult to know whether the deficit in diversity-based reasoning is specific to those with OCD. People with OCD are impaired in some forms of inductive reasoning (using diverse evidence) but not others (use of sample size). Deductive reasoning appears intact in those with OCD. Difficulties using evidence diversity when reasoning inductively may maintain OCD symptoms through reduced generalization of learned safety information. Copyright © 2017 Elsevier Ltd. All rights reserved.

  4. 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.

  5. The South African Constitutional Court Experience: Reasoning Patterns Based on Foreign Law

    Directory of Open Access Journals (Sweden)

    Andrea Lollini

    2012-05-01

    Full Text Available This article aims to analyse the phenomenon of the diffusion of interpretive paradigms or argumentation models between constitutional courts. This phenomenon involves the importation of parameters - defined here as extra-systemic to a specific legal system - and the use of the comparative method in applying constitutional texts.The main subject of this study is the analysis of the first 11 years of South African constitutional jurisprudence, which is a convenient scenario since a constitutional provision enables the Constitutional Court to 'consider foreign law' when interpreting the Bill of Rights. In fact, this led to the wide use of foreign jurisprudence and legislation (from which were extracted argumentation models, patterns of balancing between principles and sometimes actual normative 'meanings': in other words, extra-systemic legal inferences. This article shows the existence of several patterns of legal argumentation based on foreign law which were developed by the South African Constitutional Court.

  6. 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.

  7. The Social Nature of Argumentative Practices: The Philosophy of Argument and Audience Reception

    OpenAIRE

    Paula Olmos

    2018-01-01

    Abstract: This article reviews Christopher W. Tindale’s The Philosophy of Argument and Audience Reception (Cambridge, 2015). Résumé: Cet article est une critique de The Philosophy of Argument and Audience Reception (Cambridge, 2015) de Christopher W. Tindale.

  8. [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 (abortion". In the hospitals of the Mexican Institute of Social Security, maternal deaths as consequence of induced abortions were, approximately, three every year. The evidences used as arguments in favor of abortion come from studies performed in Sub-Saharan African countries, which do not apply to Mexico. The scientific evidences show that induced abortion has important psychological sequels in women, a higher frequency of illegal 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.

  9. 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)

  10. 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.

  11. 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

  12. 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.

  13. A Robust Geometric Model for Argument Classification

    Science.gov (United States)

    Giannone, Cristina; Croce, Danilo; Basili, Roberto; de Cao, Diego

    Argument classification is the task of assigning semantic roles to syntactic structures in natural language sentences. Supervised learning techniques for frame semantics have been recently shown to benefit from rich sets of syntactic features. However argument classification is also highly dependent on the semantics of the involved lexicals. Empirical studies have shown that domain dependence of lexical information causes large performance drops in outside domain tests. In this paper a distributional approach is proposed to improve the robustness of the learning model against out-of-domain lexical phenomena.

  14. Strategic Use of Multiple Texts for the Evaluation of Arguments

    Science.gov (United States)

    Kobayashi, Keiichi

    2010-01-01

    Two experiments were conducted to examine whether students use arguments with refutation in one text for evaluating the opposite arguments without refutation in another text. Undergraduate students read two conflicting texts in either of the two orders: pro arguments text first and con arguments text first. After reading each text, they evaluated…

  15. Informal Fallacies as Cognitive Heuristics in Public Health Reasoning

    Directory of Open Access Journals (Sweden)

    Louise Cummings

    2014-02-01

    Full Text Available The public must make assessments of a range of health-related issues. However, these assessments require scientific know-ledge which is often lacking or ineffectively utilized by the public. Lay people must use whatever cognitive resources are at their disposal to come to judgement on these issues. It will be contended that a group of arguments—so-called informal fallacies—are a valuable cognitive resource in this regard. These arguments serve as cognitive heuristics which facilitate reasoning when knowledge is limited or beyond the grasp of reasoners. The results of an investigation into the use of these arguments by the public are reported.

  16. 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.

  17. From Reified Abstractions to Situated Contexts: Feminist Jurisprudence, Paradigm Shift and Legal Change

    OpenAIRE

    Petoussi, Vassiliki Jr.

    1998-01-01

    This study addresses the extent to which feminist jurisprudence literature has developed the potential to initiate a legal paradigm shift leading to legal and consequent social change that would alleviate gender inequality. Drawing upon Kuhn's (1970) and Stacey and Thorne's (1985) arguments, I theorized that for a paradigm shift centered upon women and women's experiences to occur, feminist jurisprudence, particularly second- and third-phase feminist jurisprudence, needs to be incorporated i...

  18. 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

  19. Scientific reasoning skills development in the introductory biology courses for undergraduates

    Science.gov (United States)

    Schen, Melissa S.

    Scientific reasoning is a skill of critical importance to those students who seek to become professional scientists. Yet, there is little research on the development of such reasoning in science majors. In addition, scientific reasoning is often investigated as two separate entities: hypothetico-deductive reasoning and argumentation, even though these skills may be linked. With regard to argumentation, most investigations look at its use in discussing socioscientific issues, not in analyzing scientific data. As scientists often use the same argumentation skills to develop and support conclusions, this avenue needs to be investigated. This study seeks to address these issues and establish a baseline of both hypothetico-deductive reasoning and argumentation of scientific data of biology majors through their engagement in introductory biology coursework. This descriptive study investigated the development of undergraduates' scientific reasoning skills by assessing them multiple times throughout a two-quarter introductory biology course sequence for majors. Participants were assessed at the beginning of the first quarter, end of the first quarter, and end of the second quarter. A split-half version of the revised Lawson Classroom Test of Scientific Reasoning (LCTSR) and a paper and pencil argumentation instrument developed for this study were utilized to assess student hypothetico-deductive reasoning and argumentation skills, respectively. To identify factors that may influence scientific reasoning development, demographic information regarding age, gender, science coursework completed, and future plans was collected. Evidence for course emphasis on scientific reasoning was found in lecture notes, assignments, and laboratory exercises. This study did not find any trends of improvement in the students' hypothetico-deductive reasoning or argumentation skills either during the first quarter or over both quarters. Specific difficulties in the control of variables and

  20. 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 hvorfor...

  1. Online Moderation of Synchronous E-Argumentation

    Science.gov (United States)

    Asterhan, Christa S. C.; Schwarz, Baruch B.

    2010-01-01

    In this paper, we present findings on moderation of synchronous, small-group argumentation in blended, co-located learning environments. Drawing on findings from the literature on human facilitation of dialogue in face-to-face settings, we first elaborate on the potential promise of this new practice. However, little is known about what…

  2. 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)

  3. Rowe's Argument from Improvability | Almeida | Philosophical Papers

    African Journals Online (AJOL)

    William Rowe has argued that if there is an infinite sequence of improving worlds then an essentially perfectly good being must actualize some world in the sequence and must not actualize any world in the sequence. Since that is impossible, there exist no perfectly good beings. I show that Rowe's argument assumes that ...

  4. 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...

  5. 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…

  6. 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 ...

  7. 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,

  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 regime of communal waste disposal

    OpenAIRE

    Záruba, Lukáš

    2009-01-01

    Legal regulation of Municipal Waste Management The purpose of my thesis is to analyse the national legislative frameworks on municipal waste management. The reason for my research is based on the fact that waste volumes are growing, driven by changing production and consumption patterns. As confirmed in the Sixth Environment Action Programme, waste management is one of the key priorities of EU environmental policy and the framework in this area has been progressively put in place since 1970s....

  10. The War in Afghanistan: A Legal Analysis

    Science.gov (United States)

    2009-01-01

    parts of the legal environment. Al Qaeda’ s agents and franchisees often operate across political boundaries and may be independent of or have only...with illicit drug money and benefitting from either indifferent or actively sympathetic elements in some contiguous States, rein- forced its control...occupation forces failed in their attempts to pacify the country. A major reason for this failure was that the mujahedin benefitted from US weapons and

  11. Reasons of the heart: emotion, rationality, and the "wisdom of repugnance".

    Science.gov (United States)

    Kaebnick, Gregory E

    2008-01-01

    Much work in bioethics tries to sidestep bedrock questions about moral values. This is fine if we agree on our values; arguments about human enhancement suggest we do not. One bedrock question underlying these arguments concerns the role of emotion in morality: worries about enhancement are derided as emotional and thus irrational. In fact, both emotion and reason are integral to all moral judgment.

  12. 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…

  13. 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)

  14. Legal highs - legal aspects and legislative solutions.

    Science.gov (United States)

    Kapka-Skrzypczak, Lucyna; Kulpa, Piotr; Sawicki, Krzysztof; Cyranka, Małgorzata; Wojtyła, Andrzej; Kruszewski, Marcin

    2011-01-01

    In recent years the attention of society, the media and politicians has focused on the negative phenomenon of the occurrence of an enormous amount of new psychoactive substances flooding the European market. In Poland and in Europe they are known under the name 'legal highs' or 'smart drugs'. In many countries these compounds present a serious social and health problem. The core of the problem is the fact that in the light of the law these substances are legal, while actually they imitate the eff ect of illegal narcotics. Smart drugs are sold allegedly as 'products not intended for human consumption', under the cover of 'collector's commodities', 'incense sticks' or 'bath salts'. Efforts undertaken by many countries, including Poland, are biased towards gaining control over this pathological phenomenon by placing the subsequent substances on the list of prohibited agents. However, the resilient chemical and pharmaceutical industry still remains one step ahead by introducing new derivatives of already banned products, practically identical in action. The presented article is an attempt to bring closer the problem of smart drugs in Poland, from the occurrence of this alarming phenomenon, through the spread of sales in shops all over Poland, to a series of changes in the Polish anti-narcotic law, drastic actions of closing the shops throughout the entire country, and transferring the sale of smart drugs to the internet.

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

    Science.gov (United States)

    1997-04-01

    legitimize virtually any international use of force under the law, it is more difficult to justify the morality of an action under the application of...lawlessness and barbarism." 149 SIR PAUL VINOGRADOFF, HISTORICAL TYPES OF INTERNATIONAL LAW, IN 1 BIBLIOTECA ViSSERIANA DiSSERTATIONUM Ius... virtually unchallenged, there is basis in state practice for giving Article 51 a broader interpretation, or possibly for the further development of customary

  16. Physician-patient argumentation and communication, comparing Toulmin's model, pragma-dialectics, and American sociolinguistics.

    Science.gov (United States)

    Rivera, Francisco Javier Uribe; Artmann, Elizabeth

    2015-12-01

    This article discusses the application of theories of argumentation and communication to the field of medicine. Based on a literature review, the authors compare Toulmin's model, pragma-dialectics, and the work of Todd and Fisher, derived from American sociolinguistics. These approaches were selected because they belong to the pragmatic field of language. The main results were: pragma-dialectics characterizes medical reasoning more comprehensively, highlighting specific elements of the three disciplines of argumentation: dialectics, rhetoric, and logic; Toulmin's model helps substantiate the declaration of diagnostic and therapeutic hypotheses, and as part of an interpretive medicine, approximates the pragma-dialectical approach by including dialectical elements in the process of formulating arguments; Fisher and Todd's approach allows characterizing, from a pragmatic analysis of speech acts, the degree of symmetry/asymmetry in the doctor-patient relationship, while arguing the possibility of negotiating treatment alternatives.

  17. For your first born child: an ethical defense of the exploitation argument against commercial surrogacy.

    Science.gov (United States)

    Osberg, Brendan

    2006-01-01

    In this essay I explore two arguments against commercial surrogacy, based on commodification and exploitation respectively. I adopt a consequentialist framework and argue that commodification arguments must be grounded in a resultant harm to either child or surrogate, and that a priori arguments which condemn the practice for puritanical reasons cannot form a basis for public law. Furthermore there is no overwhelming evidence of harm caused to either party involved in commercial surrogacy, and hence Canadian law (which forbids the practice) must (and can) be justified on exploitative grounds. Objections raised by Wilkinson based on an 'isolated case' approach are addressed when one takes into account the political implications of public policy. I argue that is precisely these implications that justify laws forbidding commercial surrogacy on the grounds of preventing systematic exploitation.

  18. Vaccine Hesitancy in Discussion Forums: Computer-Assisted Argument Mining with Topic Models.

    Science.gov (United States)

    Skeppstedt, Maria; Kerren, Andreas; Stede, Manfred

    2018-01-01

    Arguments used when vaccination is debated on Internet discussion forums might give us valuable insights into reasons behind vaccine hesitancy. In this study, we applied automatic topic modelling on a collection of 943 discussion posts in which vaccine was debated, and six distinct discussion topics were detected by the algorithm. When manually coding the posts ranked as most typical for these six topics, a set of semantically coherent arguments were identified for each extracted topic. This indicates that topic modelling is a useful method for automatically identifying vaccine-related discussion topics and for identifying debate posts where these topics are discussed. This functionality could facilitate manual coding of salient arguments, and thereby form an important component in a system for computer-assisted coding of vaccine-related discussions.

  19. 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.

  20. 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.

  1. Identifying fallacious arguments in a qualitative study of antipsychotic prescribing in dementia.

    Science.gov (United States)

    Donyai, Parastou

    2017-10-01

    Dementia can result in cognitive, noncognitive and behavioural symptoms which are difficult to manage. Formal guidelines for the care and management of dementia in the UK state that antipsychotics should only be prescribed where fully justified. This is because inappropriate use, particularly problematic in care-home settings, can produce severe side effects including death. The aim of this study was to explore the use of fallacious arguments in professionals' deliberations about antipsychotic prescribing in dementia in care-home settings. Fallacious arguments have the potential to become unremarkable discourses that construct and validate practices which are counter to guidelines. This qualitative study involved interviews with 28 care-home managers and health professionals involved in caring for patients with dementia. Potentially fallacious arguments were identified using qualitative content analysis and a coding framework constructed from existing explanatory models of fallacious reasoning. Fallacious arguments were identified in a range of explanations and reasons that participants gave for in answer to questions about initiating, reducing doses of and stopping antipsychotics in dementia. The dominant fallacy was false dichotomy. Appeal to popularity, tradition, consequence, emotion, or fear, and the slippery slope argument was also identified. Fallacious arguments were often formulated to present convincing cases whereby prescribing antipsychotics or maintaining existing doses (versus not starting medication or reducing the dose, for example) appeared as the only acceptable decision but this is not always the case. The findings could help health professionals to recognise and mitigate the effect of logic-based errors in decisions about the prescribing of antipsychotics in dementia. © 2016 Royal Pharmaceutical Society.

  2. Stereotypical Reasoning: Logical Properties

    OpenAIRE

    Lehmann, Daniel

    2002-01-01

    Stereotypical reasoning assumes that the situation at hand is one of a kind and that it enjoys the properties generally associated with that kind of situation. It is one of the most basic forms of nonmonotonic reasoning. A formal model for stereotypical reasoning is proposed and the logical properties of this form of reasoning are studied. Stereotypical reasoning is shown to be cumulative under weak assumptions.

  3. Flying in Clear Skies: Technical Arguments Influencing ANAC Regulations

    Directory of Open Access Journals (Sweden)

    Marcello Fragano Baird

    2014-08-01

    Full Text Available Regulatory agencies possess the particularity of being controlled by non-elected politicians whose power is derived from delegations made by incumbent powers. There exists, however, a concern with the creation of institutional mechanisms that permit public participation, thus guaranteeing greater democratization and social control of the regulatory process. One of these participatory mechanisms is the public hearing, which was not given much attention by Brazilian literature on lobbying and interest groups. This article seeks to contribute to fill this gap, focusing on the impact of interest groups acting upon the National Civil Aviation Agency, ANAC. Analyzing comments sent to the public hearings, we identified the commentators and the intensity of their participation, the impact of their efforts as measured by the rate of comment incorporation, and we explained why some comments are incorporated and others are not. We organized an original data base of the comments made at all ANAC public hearings between 2007 and May 2012. We analyzed 518 comments concerning 48 regulations. To test participant influence, we classified the comments by degree of technicality, economic or legal argument, authorship, and request for regulation. To understand the incorporation process, we used regression models through which we presented evidence that a comment's incorporation is directly related to its degree of technicality. Technical comments, which effectively subsidize the resolution, have a higher chance of being incorporated. Even more than corporate power or its force of participation, the technical quality proved to be the main factor for comment incorporation.

  4. 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...

  5. Reasons of Control and Trust:
    Grounding the Public Need for Transparency in the European Union

    Directory of Open Access Journals (Sweden)

    Vigjilenca Abazi

    2015-07-01

    Full Text Available Public access to documents is one the European Union’s oldest and strongest policy efforts to connect with its citizens. Yet, the revision of Regulation 1049/2001 has been stuck in the pipeline for more than seven years, becoming itself an example of the allegation that the EU is too slow and complex. The stalemate in the reform is also due to the debate evolving around similar arguments and disagreements on specific provisions losing sight of the overall goal of public access.We pick up on the undercurrent in the debate: the reasons for the necessity of transparency and their varied relevance for the concrete legal revision. We also put forward a reason which is often invoked but is seldom scientifically developed for transparency: public trust.This paper focuses on ‘control’ and ‘trust’ as two primary reasons for transparency and maps their conceptual background and implications. We treat these two approaches in a stylized and typified way, so as to better comprehend the core of the matter. We point to the differences and practical overlaps of the public access to documents regime from these perspectives. By doing so, the paper attempts to introduce more innovative thinking about the modalities of access to documents and their linkage with deeper conceptual understandings of the relation between citizens and public institutions. With this theoretical contribution we hope to provide new ground for debating proposals for reform.

  6. Verbal directionality and argument alternation in Dinka

    DEFF Research Database (Denmark)

    Andersen, Torben

    2012-01-01

    The derivational morphology of verbs in Dinka includes a distinction between direction towards the deictic center (centripetal) and a direction not towards the deictic center (centrifugal). A goal adverbial requires a directional verb, and an object of such a verb refers to something that moves t...... of a simple verb may correspond to, respectively, a goal adverbial and an object of the directional verb. Another type of argument alternation results from the possibility of expressing a goal as an object of an applicative verb with an intransitive or transitive base.......(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...

  7. Argumentation: A Methodology to Facilitate Critical Thinking.

    Science.gov (United States)

    Makhene, Agnes

    2017-06-20

    Caring is a difficult nursing activity that involves a complex nature of a human being in need of complex decision-making and problem solving through the critical thinking process. It is mandatory that critical thinking is facilitated in general and in nursing education particularly in order to render care in diverse multicultural patient care settings. This paper aims to describe how argumentation can be used to facilitate critical thinking in learners. A qualitative, exploratory and descriptive design that is contextual was used. Purposive sampling method was used to draw a sample and Miles and Huberman methodology of qualitative analysis was used to analyse data. Lincoln and Guba's strategies were employed to ensure trustworthiness, while Dhai and McQuoid-Mason's principles of ethical consideration were used. Following data analysis the findings were integrated within literature which culminated into the formulation of guidelines that can be followed when using argumentation as a methodology to facilitate critical thinking.

  8. Architecture-based regulatory compliance argumentation

    DEFF Research Database (Denmark)

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

    2016-01-01

    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....... 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...... the approach on the migration of the telemedicine platform Net4Care to the cloud, where certain regulations (for example privacy) should be concerned. The approach has the potential to support simpler compliance argumentation with the eventual promise of safer and more secure applications....

  9. Argumentative reasoning and taxonomic analysis for the identification of medical errors

    OpenAIRE

    Doumbouya , Mamadou Bilo; Kamsu-Foguem , Bernard; Kenfack , Hugues; Foguem , Clovis

    2015-01-01

    International audience; Telemedicine consists of the use of information and communication technologies (ICTs) in the practice of medicine. The massive digitalisation of the society is changing the behaviour of ordinary people even in medical sectors. The impact of digitisation is also having impacts on teleexpertise, where a medical professional can remotely ask some advices through the use of ICTs to provide treatment to a patient in critical conditions in remote environment. However, someti...

  10. 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

  11. Prudential Versus Probative Arguments for Religious Faith: Descartes and Pascal on Reason and Faith

    OpenAIRE

    Dennis Sansom

    2017-01-01

    In this article, I show that Pascal’s prudential agenda, centered on the Wager, more successfully overcomes the restrictions of Pyrrhonic skepticism expressed by Montaigne than Descartes’ probative philosophy, which was based on his “ontological argument” for God’s existence. Descartes’ attempt to base natural science on the metaphysical certainty of a non-deceiving God fails because he cannot prove that a non-deceiving Perfect Being is a “clear and distinct” idea. Pascal’s attempt to base th...

  12. 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,

  13. Why the Difference Between Explanation and Argument Matters to Science Education

    Science.gov (United States)

    Brigandt, Ingo

    2016-05-01

    Contributing to the recent debate on whether or not explanations ought to be differentiated from arguments, this article argues that the distinction matters to science education. I articulate the distinction in terms of explanations and arguments having to meet different standards of adequacy. Standards of explanatory adequacy are important because they correspond to what counts as a good explanation in a science classroom, whereas a focus on evidence-based argumentation can obscure such standards of what makes an explanation explanatory. I provide further reasons for the relevance of not conflating explanations with arguments (and having standards of explanatory adequacy in view). First, what guides the adoption of the particular standards of explanatory adequacy that are relevant in a scientific case is the explanatory aim pursued in this context. Apart from explanatory aims being an important aspect of the nature of science, including explanatory aims in classroom instruction also promotes students seeing explanations as more than facts, and engages them in developing explanations as responses to interesting explanatory problems. Second, it is of relevance to science curricula that science aims at intervening in natural processes, not only for technological applications, but also as part of experimental discovery. Not any argument enables intervention in nature, as successful intervention specifically presupposes causal explanations. Students can fruitfully explore in the classroom how an explanatory account suggests different options for intervention.

  14. 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...

  15. 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...

  16. 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.

  17. 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)

  18. 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

  19. MEDICAL ERROR: CIVIL AND LEGAL ASPECT.

    Science.gov (United States)

    Buletsa, S; Drozd, O; Yunin, O; Mohilevskyi, L

    2018-03-01

    The scientific article is focused on the research of the notion of medical error, medical and legal aspects of this notion have been considered. The necessity of the legislative consolidation of the notion of «medical error» and criteria of its legal estimation have been grounded. In the process of writing a scientific article, we used the empirical method, general scientific and comparative legal methods. A comparison of the concept of medical error in civil and legal aspects was made from the point of view of Ukrainian, European and American scientists. It has been marked that the problem of medical errors is known since ancient times and in the whole world, in fact without regard to the level of development of medicine, there is no country, where doctors never make errors. According to the statistics, medical errors in the world are included in the first five reasons of death rate. At the same time the grant of medical services practically concerns all people. As a man and his life, health in Ukraine are acknowledged by a higher social value, medical services must be of high-quality and effective. The grant of not quality medical services causes harm to the health, and sometimes the lives of people; it may result in injury or even death. The right to the health protection is one of the fundamental human rights assured by the Constitution of Ukraine; therefore the issue of medical errors and liability for them is extremely relevant. The authors make conclusions, that the definition of the notion of «medical error» must get the legal consolidation. Besides, the legal estimation of medical errors must be based on the single principles enshrined in the legislation and confirmed by judicial practice.

  20. 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.

  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…

  2. 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…

  3. Taking It to the Next Level: Students Using Inductive Reasoning

    Science.gov (United States)

    Murawska, Jaclyn M.; Zollman, Alan

    2015-01-01

    Although discussions about inductive reasoning can be traced back thousands of years (Fitelson 2011), the implementation of the Standards for Mathematical Practice (SMP) within the Common Core State Standards (CCSSI 2010) is generating renewed attention to how students learn mathematics. The third SMP, "Construct viable arguments and critique…

  4. Practical Reason in Practice: Reflections on a Business Ethics Course.

    Science.gov (United States)

    Warren, Richard C.

    1995-01-01

    A business ethics course aiming to depict business as a system of relationships and responsibilities covers the following areas: consideration of the moral climate of society, character development, exercise of moral imagination, and moral reasoning. The course introduces ethical theory and argument in a business context. (SK)

  5. Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

    Directory of Open Access Journals (Sweden)

    Nitin Balaji Bilgi

    2011-10-01

    Full Text Available The basic aim of this research, described in this paper is to develop a hybrid legal expert system/ knowledge based system, with specific reference to the transfer of property act, within the Indian legal system which is often in demand. In this paper the authors discuss an traditional approach to combining two types of reasoning methodologies, Rule Based Reasoning (RBR and Case Based Reasoning (CBR. In RBR module we have interpreted and implemented rules that occur in legal statutes of the Transfer of property act. In the CBR module we have an implementation to find the related cases. The VisiRule software made available by Logic Programming Associates is used in the development of RBR part this expert system. The authors have used java Net Beans for development of CBR. VisiRule is a decision charting tool, in which the rules are defined by a combination of graphical shapes and pieces of text, and produces rules.

  6. Predicting Immediate Belief Change and Adherence to Argument Claims.

    Science.gov (United States)

    Hample, Dale

    1978-01-01

    Discusses the probative potential of evidence in argument, and evaluates the importance of evidence in predicting belief change. Predicts adherence to argument claims and confirms the traditionally recognized importance of evidence to persuasion. (JMF)

  7. 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.

  8. 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

  9. 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.

  10. 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.

  11. 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

  12. That’s No Argument! The Ultimate Criticism?

    NARCIS (Netherlands)

    Krabbe, Erik C. W.; van Laar, Jan Albert; Garssen, Bart J.; Godden, David; Mitchell, Gordon; Snoeck Henkemans, A. Francisca

    What if in discussion the critic refuses to recognize an emotionally expressed (alleged) argument of her interlocutor as an argument? In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a fallacy of non-argumentation. As such it is a very

  13. The Optimum Level of Argumentativeness for Employed Women.

    Science.gov (United States)

    Schullery, Nancy M.

    1998-01-01

    Examines the relationship between argumentativeness and women's supervisory level in organizations. Finds no simple relationship between supervisory level and argumentativeness for women, but indicates that moderation in argumentativeness increases with supervisory level. Notes implications for pedagogy: would-be female executives should be…

  14. Extension-based semantics of argumentation frameworks for agent interactions

    NARCIS (Netherlands)

    Gratie, C.

    2012-01-01

    Argumentation plays an important part in human interaction, whether it is used for persuasion, negotiation or simply for sharing one's point of view on a certain topic. Even at the abstract level, choosing the acceptable arguments from a given set of conflicting arguments is a challenging problem,

  15. 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…

  16. Reconciling Educational Adequacy and Equity Arguments through a Rawlsian Lens

    Science.gov (United States)

    Pijanowski, John

    2015-01-01

    A theory of educational opportunity that combines adequacy and equity arguments is informed by examining two popular philosophies of resource distribution. Amy Gutmann's democratic threshold theory provides an adequacy argument that mirrors in several ways arguments that have held favor in educational policy. Similarly, the distributive justice…

  17. The Impact of Argumentativeness on Resistance to Persuasion.

    Science.gov (United States)

    Kazoleas, Dean

    1993-01-01

    Examines the impact of argumentativeness on cognitive responses and attitude change of undergraduate college students. Finds that argumentative individuals generate greater numbers of counterarguments and are more resistant to persuasion. Indicates that attitude change for the highly argumentative individual is a function of both positive and…

  18. 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.

  19. IELTS ACADEMIC READING ACHIEVEMENT: THE CONTRIBUTION OF INFERENCE-MAKING AND EVALUATION OF ARGUMENTS

    OpenAIRE

    Afsaneh Ghanizadeh; Azam Vahidian Pour; Akram Hosseini

    2017-01-01

    The pivotal undertaking of education today is to endow individuals with the capacity to be able to think flexibly, reason rationally, and have open minds to be able to evaluate and interpret situations. In line with the studies demonstrating the positive relationship between higher-order thinking skills and academic achievement, this study aimed to particularly examine the impact of the two subcomponents of critical thinking, i.e., inference-making and evaluation of arguments on academic IELT...

  20. Teaching for Ethical Reasoning

    Science.gov (United States)

    Sternberg, Robert J.

    2012-01-01

    This article argues for the importance of teaching for ethical reasoning. Much of our teaching is in vain if it is not applied to life in an ethical manner. The article reviews lapses in ethical reasoning and the great costs they have had for society. It proposes that ethical reasoning can be taught across the curriculum. It presents an eight-step…

  1. Inductive Reasoning and Writing

    Science.gov (United States)

    Rooks, Clay; Boyd, Robert

    2003-01-01

    Induction, properly understood, is not merely a game, nor is it a gimmick, nor is it an artificial way of explaining an element of reasoning. Proper understanding of inductive reasoning--and the various types of reasoning that the authors term inductive--enables the student to evaluate critically other people's writing and enhances the composition…

  2. 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.

  3. 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

  4. 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.

  5. Legal Institutions and Economic Development

    NARCIS (Netherlands)

    Beck, T.H.L.

    2010-01-01

    Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

  6. Analysis - what is legal medicine?

    Science.gov (United States)

    Beran, Roy G

    2008-04-01

    Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

  7. Photovoltaic facilities, legal guidebook

    International Nuclear Information System (INIS)

    Maincent, G.

    2011-01-01

    Important debates about the photovoltaic industry took place in 2009 and 2010 which have led to some evolutions of the French law having an economical impact on the arrangement of photovoltaic projects. The aim of this supplement to 'Droit de l'Environnement' journal is to answer some important questions at a time when the electricity market is not fully structured: the setting up of solar cell panels, town planing and property constraints; connection to the grid; project financing: power generation tariffs, partnership contract; the new legal framework set up in 2011: moratorium and new legal scheme; is 'green fiscality' still green and attractive? Settlement of disputes with the French government; actors reactions: authorities and professionals, opinion of an expert. (J.S.)

  8. 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.

  9. 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.

  10. 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.......The semantic relations between and within utterances are marked by the use of connectors and adverbials. One type of semantic relations is causal relations expressed by causal markers such as because, therefore, so, for, etc. Some of these markers cover different types of causal relations...

  11. Mediating argumentative deconstruction of advertising discourses

    DEFF Research Database (Denmark)

    Maier, Carmen Daniela

    exposes how the advertising discourse of various companies is articulated when promoting well known products and services in their commercials. The original advertising discourse is deconstructed and reconstructed with additional visual material in front of the viewers' eyes who are instructed by a voice......-over narrator what to look at and how to identify and decode the persuasive strategies employed. The present multimodal analysis focuses on the characteristic features of these Media Bites argumentative discourses that challenge the legitimacy of the original advertising discourses. Looking specifically...... the deceptive advertising messages.    ...

  12. 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

  13. Persuading and Dissuading by Conditional Argument

    Science.gov (United States)

    Thompson, V.A.; Evans, J.St.B.T.; Handley, S.J.

    2005-01-01

    Informal reasoning typically draws on a wider range of inferential behaviour than is measured by traditional inference tasks. In this paper, we developed several tasks to study informal reasoning with two novel types of conditional statements: Persuasions (e.g., if the Kyoto accord is ratified, greenhouse gas emissions will be reduced) and…

  14. [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.

  15. 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.

  16. 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.

  17. How Pragmatic Interpretations Arise from Conditionals: Profiling the Affirmation of the Consequent Argument with Reaction Time and EEG Measures

    Science.gov (United States)

    Bonnefond, Mathilde; Van der Henst, Jean-Baptiste; Gougain, Marion; Robic, Suzanne; Olsen, Matthew D.; Weiss, Oshri; Noveck, Ira

    2012-01-01

    Conditional reasoning consists in combining a conditional premise with a categorical premise and inferring a conclusion from them. Two well-known conditional arguments are Modus Ponens (MP: "If P then Q; P//"therefore Q), which is logically valid and Affirmation of the Consequent (AC: "If P then Q; Q//"therefore "P"), which is not. The latter is…

  18. 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…

  19. 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.

  20. 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.

  1. 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.

  2. Learning clinical reasoning.

    Science.gov (United States)

    Pinnock, Ralph; Welch, Paul

    2014-04-01

    Errors in clinical reasoning continue to account for significant morbidity and mortality, despite evidence-based guidelines and improved technology. Experts in clinical reasoning often use unconscious cognitive processes that they are not aware of unless they explain how they are thinking. Understanding the intuitive and analytical thinking processes provides a guide for instruction. How knowledge is stored is critical to expertise in clinical reasoning. Curricula should be designed so that trainees store knowledge in a way that is clinically relevant. Competence in clinical reasoning is acquired by supervised practice with effective feedback. Clinicians must recognise the common errors in clinical reasoning and how to avoid them. Trainees can learn clinical reasoning effectively in everyday practice if teachers provide guidance on the cognitive processes involved in making diagnostic decisions. © 2013 The Authors. Journal of Paediatrics and Child Health © 2013 Paediatrics and Child Health Division (Royal Australasian College of Physicians).

  3. 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

  4. Argument-Counterargument Structure in Indonesian EFL Learners' English Argumentative Essays: A Dialogic Concept of Writing

    Science.gov (United States)

    Rusfandi

    2015-01-01

    This study investigates the potential use of the argument-counterargument structure in English L2 essays written by Indonesian EFL learners. It examines whether L2 proficiency affects the use of opposing views in their essays, and measures whether there is a correlation between the use of the rhetorical structure and the participants' overall…

  5. Metacognition and reasoning

    Science.gov (United States)

    Fletcher, Logan; Carruthers, Peter

    2012-01-01

    This article considers the cognitive architecture of human meta-reasoning: that is, metacognition concerning one's own reasoning and decision-making. The view we defend is that meta-reasoning is a cobbled-together skill comprising diverse self-management strategies acquired through individual and cultural learning. These approximate the monitoring-and-control functions of a postulated adaptive system for metacognition by recruiting mechanisms that were designed for quite other purposes. PMID:22492753

  6. 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.

  7. 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.

  8. 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.

  9. Legal aspects of teleradiology

    International Nuclear Information System (INIS)

    Ulsenheimer, K.; Heinemann, N.

    1997-01-01

    It is hoped that the implementation of teleradiology will improve the quality and economic effectiveness of health care in the future. The German federal government has submitted a bill for a legal statute, thereby creating the necessary framework to guarantee the essential 'document security'. The responsibility of those involved with orderly data transmission as well as the limited responsibility for physicians' findings are both government by general liability. General principles apply also with regard to professional discretion. Authorized utilization of external networks depends upon the quality of data security. Networks with unlimited public access may not be used without explicit concent from those concerned. (orig.) [de

  10. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    presente testamento de mi puno y letra para hacer constar mi ultima y firme voluntad para que sea cumplida fielmente conforme a las siguientes clausulas...ruego se le de fiel cumplimiento. Y para que asi conste, a todos los f ines legales pertinentes otorgo el presente testamrento bajo mi firma en el lugar...Transiers to ,- -Al" t’ het (4., m4 Us %put Ortronew. It 1111. tOOlise -ur" se me. thens 1 61%0 all rmv 14oo Act at anv &late ..t ..... i, 𔃺 le. ~~rt n the

  11. Legal and institutional issues

    International Nuclear Information System (INIS)

    Anon.

    1991-01-01

    Leaving aside the natural desire to avoid the difficulties imposed by the enormously complex siting and certification process, a utility might decide to forego adding new capacity because of a variety of legal and institutional disincentives. Some of these are discussed in this chapter. The addition of new lines to support a competitive generating market also raises unique institutional issues. Perhaps the most important of these is the question of who should pay for the necessary capital expenditures. This issue also is discussed in this section

  12. 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

  13. 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

  14. 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/.

  15. A critical review of the dominant lines of argumentation on the need for strategic environmental assessment

    International Nuclear Information System (INIS)

    Bina, Olivia

    2007-01-01

    In spite of almost two decades of experience, Strategic Environmental Assessment's (SEA) foundations remain unclear to the point that the case for needing an instrument called 'SEA' could be questioned. The aim is to ask: what problems was SEA meant to solve, and what needs was it meant to address, by reflecting on the strengths and weaknesses of SEA thinking to date. I do so by organising the reasons and arguments offered by scholars and practitioners under three 'lines of argumentation' related to the strategic dimension of SEA, its methods and purpose. I explore how each line of argumentation affects the concept of (the purpose and role) and approach to (the procedures, methods and tools) SEA. The problematisation of these arguments and their evolution makes a case for the urgent acknowledgment of misleading simplifications. From this analysis I propose a number of promising fields of inquiry that could help respond to the growing expectations attached to SEA and strengthen its 'strategic' dimension: revisiting the concept of assessment in SEA, promoting strategies for the introduction of SEA, and strengthening the contribution of theory to SEA practice

  16. Innovative learning model for improving students’ argumentation skill and concept understanding on science

    Science.gov (United States)

    Nafsiati Astuti, Rini

    2018-04-01

    Argumentation skill is the ability to compose and maintain arguments consisting of claims, supports for evidence, and strengthened-reasons. Argumentation is an important skill student needs to face the challenges of globalization in the 21st century. It is not an ability that can be developed by itself along with the physical development of human, but it must be developed under nerve like process, giving stimulus so as to require a person to be able to argue. Therefore, teachers should develop students’ skill of arguing in science learning in the classroom. The purpose of this study is to obtain an innovative learning model that are valid in terms of content and construct in improving the skills of argumentation and concept understanding of junior high school students. The assessment of content validity and construct validity was done through Focus Group Discussion (FGD), using the content and construct validation sheet, book model, learning video, and a set of learning aids for one meeting. Assessment results from 3 (three) experts showed that the learning model developed in the category was valid. The validity itself shows that the developed learning model has met the content requirement, the student needs, state of the art, strong theoretical and empirical foundation and construct validity, which has a connection of syntax stages and components of learning model so that it can be applied in the classroom activities

  17. 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)

  18. 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)

  19. "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.

  20. 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.…