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.

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…

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

Argumentation and indigenous knowledge: socio-historical influences in contextualizing an argumentation model in South African schools

Science.gov (United States)

Gallard Martínez, Alejandro J.

2011-09-01

This forum considers argumentation as a means of science teaching in South African schools, through the integration of indigenous knowledge (IK). It addresses issues raised in Mariana G. Hewson and Meshach B. Ogunniyi's paper entitled: Argumentation-teaching as a method to introduce indigenous knowledge into science classrooms: opportunities and challenges. As well as Peter Easton's: Hawks and baby chickens: cultivating the sources of indigenous science education; and, Femi S. Otulaja, Ann Cameron and Audrey Msimanga's: Rethinking argumentation-teaching strategies and indigenous knowledge in South African science classrooms. The first topic addressed is that implementation of argumentation in the science classroom becomes a complex endeavor when the tensions between students' IK, the educational infrastructure (allowance for teacher professional development, etc.) and local belief systems are made explicit. Secondly, western styles of debate become mitigating factors because they do not always adequately translate to South African culture. For example, in many instances it is more culturally acceptable in South Africa to build consensus than to be confrontational. Thirdly, the tension between what is "authentic science" and what is not becomes an influencing factor when a tension is created between IK and western science. Finally, I argue that the thrust of argumentation is to set students up as "scientist-students" who will be considered through a deficit model by judging their habitus and cultural capital. Explicitly, a "scientist-student" is a student who has "learned," modeled and thoroughly assimilated the habits of western scientists, evidently—and who will be judged by and held accountable for their demonstration of explicit related behaviors in the science classroom. I propose that science teaching, to include argumentation, should consist of "listening carefully" (radical listening) to students and valuing their language, culture, and learning as a model

The Effect of Toulmin’s Model of Argumentation Within TWPS Strategy on Students’ Critical Thinking on Argumentative Essay

Directory of Open Access Journals (Sweden)

Eko Suhartoyo

2015-12-01

Key Words: critical thinking, Toulmin’s model of argumentation, argumentative essay, Think-Write-Pair-Share strategy Abstrak: Penelitian ini bertujuan untuk menyelidiki efektivitas model argumentasi Toulmin dalam strategi TWPS pada kemampuan berpikir kritis esai argumentative mahasiswa. Desain kuasi-eksperi-mental digunakan dengan pretest-posttest dan nonrandomized control group. Subjek dari penelitian ini adalah 38 mahasiswa semester IV di Jurusan Bahasa Inggris Universitas Negeri Malang. Kelompok eksperimen diteliti dengan menggunakan model argumentasi dalam strategi TWPS sedangkan kelom-pok kontrol diteliti tanpa strategi TWPS. Kemampuan berpikir kritis siswa diukur dengan menggunakan uji esai argumentatif. ANCOVA digunakan untuk menguji hipotesis. Temuan menunjukkan tidak ada perbedaan yang signifikan pada kemampuan berpikir kritis siswa. Namun, model argumentasi Toulmin dalam strategi TWPS terbukti meningkatkan berpikir kritis siswa seperti yang ditunjukkan oleh nilai rata-rata. Kata kunci: berpikir kritis, model argumentasi toulmin, esai argumentatif, Think-Pair-Share Write- strategy

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...

Tracing the Rationale Behind UML Model Change Through Argumentation

Science.gov (United States)

Jureta, Ivan J.; Faulkner, Stéphane

Neglecting traceability—i.e., the ability to describe and follow the life of a requirement—is known to entail misunderstanding and miscommunication, leading to the engineering of poor quality systems. Following the simple principles that (a) changes to UML model instances ought be justified to the stakeholders, (b) justification should proceed in a structured manner to ensure rigor in discussions, critique, and revisions of model instances, and (c) the concept of argument instantiated in a justification process ought to be well defined and understood, the present paper introduces the UML Traceability through Argumentation Method (UML-TAM) to enable the traceability of design rationale in UML while allowing the appropriateness of model changes to be checked by analysis of the structure of the arguments provided to justify such changes.

The impact of design-based modeling instruction on seventh graders' spatial abilities and model-based argumentation

Science.gov (United States)

McConnell, William J.

Due to the call of current science education reform for the integration of engineering practices within science classrooms, design-based instruction is receiving much attention in science education literature. Although some aspect of modeling is often included in well-known design-based instructional methods, it is not always a primary focus. The purpose of this study was to better understand how design-based instruction with an emphasis on scientific modeling might impact students' spatial abilities and their model-based argumentation abilities. In the following mixed-method multiple case study, seven seventh grade students attending a secular private school in the Mid-Atlantic region of the United States underwent an instructional intervention involving design-based instruction, modeling and argumentation. Through the course of a lesson involving students in exploring the interrelatedness of the environment and an animal's form and function, students created and used multiple forms of expressed models to assist them in model-based scientific argument. Pre/post data were collected through the use of The Purdue Spatial Visualization Test: Rotation, the Mental Rotation Test and interviews. Other data included a spatial activities survey, student artifacts in the form of models, notes, exit tickets, and video recordings of students throughout the intervention. Spatial abilities tests were analyzed using descriptive statistics while students' arguments were analyzed using the Instrument for the Analysis of Scientific Curricular Arguments and a behavior protocol. Models were analyzed using content analysis and interviews and all other data were coded and analyzed for emergent themes. Findings in the area of spatial abilities included increases in spatial reasoning for six out of seven participants, and an immense difference in the spatial challenges encountered by students when using CAD software instead of paper drawings to create models. Students perceived 3D printed

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.

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.

Pre-Service Physics Teachers' Argumentation in a Model Rocketry Physics Experience

Science.gov (United States)

Gürel, Cem; Süzük, Erol

2017-01-01

This study investigates the quality of argumentation developed by a group of pre-service physics teachers' (PSPT) as an indicator of subject matter knowledge on model rocketry physics. The structure of arguments and scientific credibility model was used as a design framework in the study. The inquiry of model rocketry physics was employed in…

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.

[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.

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.

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

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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.

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.

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 ...

" Canvas " and the Legal Business Model

Directory of Open Access Journals (Sweden)

Frederico de Andrade Gabrich

2016-06-01

Full Text Available There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strategic planning of business objectives. So it’s the need and the importance of developing a Legal Business Model that can be used in combination with Canvas.

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.

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,…

Exploring the Argumentation Pattern in Modeling-Based Learning about Apparent Motion of Mars

Science.gov (United States)

Park, Su-Kyeong

2016-01-01

This study proposed an analytic framework for coding students' dialogic argumentation and investigated the characteristics of the small-group argumentation pattern observed in modeling-based learning. The participants were 122 second grade high school students in South Korea divided into an experimental and a comparison group. Modeling-based…

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…

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...

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.

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

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.

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 ...

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…

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.

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...

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

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...

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.

[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.

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....

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.

" Canvas " and the Legal Business Model

OpenAIRE

Frederico de Andrade Gabrich

2016-01-01

There is no idea, business or company, private or public control, which does not require an appropriate legal strategy to be implemented as efficiently as possible. Therefore, there is no way actually know the areas of law that are directly related to the business organization, without analysis of the planning logic and implementation of ideas generally used by companies. More than that, the combination of modeling and business planning is essential, with appropriate legal and related strateg...

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…

The emerging public discourse on state legalization of marijuana for recreational use in the US: Analysis of news media coverage, 2010-2014.

Science.gov (United States)

McGinty, Emma E; Samples, Hillary; Bandara, Sachini N; Saloner, Brendan; Bachhuber, Marcus A; Barry, Colleen L

2016-09-01

US states have begun to legalize marijuana for recreational use. In the absence of clear scientific evidence regarding the likely public health consequences of legalization, it is important to understand how the risks and benefits of this policy are being discussed in the national dialogue. To assess the public discourse on recreational marijuana policy, we assessed the volume and content of US news media coverage of the topic. We analyzed the content of a 20% random sample of news stories published/aired in high circulation/viewership print, television, and Internet news sources from 2010 to 2014 (N=610). News media coverage of recreational marijuana policy was heavily concentrated in news outlets from the four states (AK, CO, OR, WA) and DC that legalized marijuana for recreational use during the study period. Overall, 53% of news stories mentioned pro-legalization arguments and 47% mentioned anti-legalization arguments. The most frequent pro-legalization arguments posited that legalization would reduce criminal justice involvement/costs (20% of news stories) and increase tax revenue (19%). Anti-legalization arguments centered on adverse public health consequences, such as detriments to youth health and well-being (22%) and marijuana-impaired driving (6%). Some evidence-informed public health regulatory options, like marketing and packaging restrictions, were mentioned in 5% of news stories or fewer. As additional states continue to debate legalization of marijuana for recreational use, it is critical for the public health community to develop communication strategies that accurately convey the rapidly evolving research evidence regarding recreational marijuana policy. Copyright © 2016 Elsevier Inc. All rights reserved.

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

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

Science.gov (United States)

Diamond, Lisa M; Rosky, Clifford J

2016-01-01

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

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.

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…

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.

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.

Articulating uncertainty as part of scientific argumentation during model-based exoplanet detection tasks

Science.gov (United States)

Lee, Hee-Sun; Pallant, Amy; Pryputniewicz, Sarah

2015-08-01

Teaching scientific argumentation has emerged as an important goal for K-12 science education. In scientific argumentation, students are actively involved in coordinating evidence with theory based on their understanding of the scientific content and thinking critically about the strengths and weaknesses of the cited evidence in the context of the investigation. We developed a one-week-long online curriculum module called "Is there life in space?" where students conduct a series of four model-based tasks to learn how scientists detect extrasolar planets through the “wobble” and transit methods. The simulation model allows students to manipulate various parameters of an imaginary star and planet system such as planet size, orbit size, planet-orbiting-plane angle, and sensitivity of telescope equipment, and to adjust the display settings for graphs illustrating the relative velocity and light intensity of the star. Students can use model-based evidence to formulate an argument on whether particular signals in the graphs guarantee the presence of a planet. Students' argumentation is facilitated by the four-part prompts consisting of multiple-choice claim, open-ended explanation, Likert-scale uncertainty rating, and open-ended uncertainty rationale. We analyzed 1,013 scientific arguments formulated by 302 high school student groups taught by 7 teachers. We coded these arguments in terms of the accuracy of their claim, the sophistication of explanation connecting evidence to the established knowledge base, the uncertainty rating, and the scientific validity of uncertainty. We found that (1) only 18% of the students' uncertainty rationale involved critical reflection on limitations inherent in data and concepts, (2) 35% of students' uncertainty rationale reflected their assessment of personal ability and knowledge, rather than scientific sources of uncertainty related to the evidence, and (3) the nature of task such as the use of noisy data or the framing of

Learning Gene Expression Through Modelling and Argumentation. A Case Study Exploring the Connections Between the Worlds of Knowledge

Science.gov (United States)

Puig, Blanca; Ageitos, Noa; Jiménez-Aleixandre, María Pilar

2017-12-01

There is emerging interest on the interactions between modelling and argumentation in specific contexts, such as genetics learning. It has been suggested that modelling might help students understand and argue on genetics. We propose modelling gene expression as a way to learn molecular genetics and diseases with a genetic component. The study is framed in Tiberghien's (2000) two worlds of knowledge, the world of "theories & models" and the world of "objects & events", adding a third component, the world of representations. We seek to examine how modelling and argumentation interact and connect the three worlds of knowledge while modelling gene expression. It is a case study of 10th graders learning about diseases with a genetic component. The research questions are as follows: (1) What argumentative and modelling operations do students enact in the process of modelling gene expression? Specifically, which operations allow connecting the three worlds of knowledge? (2) What are the interactions between modelling and argumentation in modelling gene expression? To what extent do these interactions help students connect the three worlds of knowledge and modelling gene expression? The argumentative operation of using evidence helps students to relate the three worlds of knowledge, enacted in all the connections. It seems to be a relationship among the number of interactions between modelling and argumentation, the connections between world of knowledge and students' capacity to develop a more sophisticated representation. Despite this is a case study, this approach of analysis reveals potentialities for a deeper understanding of learning genetics though scientific practices.

On the Formal Modeling of Games of Language and Adversarial Argumentation : A Logic-Based Artificial Intelligence Approach

OpenAIRE

Eriksson Lundström, Jenny S. Z.

2009-01-01

Argumentation is a highly dynamical and dialectical process drawing on human cognition. Successful argumentation is ubiquitous to human interaction. Comprehensive formal modeling and analysis of argumentation presupposes a dynamical approach to the following phenomena: the deductive logic notion, the dialectical notion and the cognitive notion of justified belief. For each step of an argumentation these phenomena form networks of rules which determine the propositions to be allowed to make se...

Computer Supported Argument Visualisation: Modelling in Consultative Democracy Around Wicked Problems

Science.gov (United States)

Ohl, Ricky

In this case study, computer supported argument visualisation has been applied to the analysis and representation of the draft South East Queensland Regional Plan Consultation discourse, demonstrating how argument mapping can help deliver the transparency and accountability required in participatory democracy. Consultative democracy for regional planning falls into a category of problems known as “wicked problems”. Inherent in this environment is heterogeneous viewpoints, agendas and voices, built on disparate and often contradictory logic. An argument ontology and notation that was designed specifically to deal with consultative urban planning around wicked problems is the Issue Based Information System (IBIS) and IBIS notation (Rittel & Webber, 1984). The software used for argument visualisation in this case was Compendium, a derivative of IBIS. The high volume of stakeholders and discourse heterogeneity in this environment calls for a unique approach to argument mapping. The map design model developed from this research has been titled a “Consultation Map”. The design incorporates the IBIS ontology within a hybrid of mapping approaches, amalgamating elements from concept, dialogue, argument, debate, thematic and tree-mapping. The consultation maps developed from the draft South East Queensland Regional Plan Consultation provide a transparent visual record to give evidence of the themes of citizen issues within the consultation discourse. The consultation maps also link the elicited discourse themes to related policies from the SEQ Regional Plan providing explicit evidence of SEQ Regional Plan policy-decisions matching citizen concerns. The final consultation map in the series provides explicit links between SEQ Regional Plan policy items and monitoring activities reporting on the ongoing implementation of the SEQ Regional Plan. This map provides updatable evidence of and accountability for SEQ Regional Plan policy implementation and developments.

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.

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)

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

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.

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.

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

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...

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.

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.

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....

Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

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N. O. Tkachenko

2018-03-01

Full Text Available Observation of legal and legislative standards of the company activities is the fundamental principle of social responsibility (SR. The results of the literature analysis show the lack of fundamental research of regulatory and legal support of formation of socially responsible conduct of pharmacists (SRCPh. AIM: modeling the legal framework and determining the completeness and content of the current regulatory and legal framework on formation of a system of SRCPh throughout the professional lifespan development. Materials and methods. The materials of the study were national and international regulatory legal acts, regulating SR, the activities of pharmaceutical organizations (PhO and getting a pharmaceutical education. During the work, such methods as searching information, systematization, content analysis, comparison and generalization were used. During the investigation, we summarized the legal framework that in various aspects forms the socially responsible conduct of the pharmacists throughout the lifespan professional development; and a model of the legal field of this process was formed. A content analysis of this regulatory framework in aspect of responsibility of the PhO and pharmacists with a description of the problem legal questions in the context of SR was carried out. In this article, attention is paid to the basic level of the legal field, within which general principles of social relations are formed in all spheres of the economy. Conclusions. We have formed a model of the legal field formation of a SRCPh system throughout the professional lifespan development. The model is a complex, multilevel system. The regulatory framework in the model is distributed according to two criteria (hierarchical and regulating relations in the system of socially responsible conduct of the pharmacists and includes 27 basic normative legal acts. We have identified problems in the legal field of the basic level of SRCPh formation: the indistinctness

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...

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...

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 ...

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...

A Model-Based Framework for Legal Policy Simulation and Compliance Checking

OpenAIRE

Soltana, Ghanem

2017-01-01

Information systems implementing requirements from laws and regulations, such as taxes and social benefits, need to be thoroughly verified to demonstrate their compliance. Several Verification and Validation (V&V) techniques, such as reliability testing, and modeling and simulation, can be used for assessing that such systems meet their legal. Typically, one has to model the expected (legal) behavior of the system in a form that can be executed (simulated), subject the resulting models and th...

Improving students’ mathematical critical thinking through rigorous teaching and learning model with informal argument

Science.gov (United States)

Hamid, H.

2018-01-01

The purpose of this study is to analyze an improvement of students’ mathematical critical thinking (CT) ability in Real Analysis course by using Rigorous Teaching and Learning (RTL) model with informal argument. In addition, this research also attempted to understand students’ CT on their initial mathematical ability (IMA). This study was conducted at a private university in academic year 2015/2016. The study employed the quasi-experimental method with pretest-posttest control group design. The participants of the study were 83 students in which 43 students were in the experimental group and 40 students were in the control group. The finding of the study showed that students in experimental group outperformed students in control group on mathematical CT ability based on their IMA (high, medium, low) in learning Real Analysis. In addition, based on medium IMA the improvement of mathematical CT ability of students who were exposed to RTL model with informal argument was greater than that of students who were exposed to CI (conventional instruction). There was also no effect of interaction between RTL model and CI model with both (high, medium, and low) IMA increased mathematical CT ability. Finally, based on (high, medium, and low) IMA there was a significant improvement in the achievement of all indicators of mathematical CT ability of students who were exposed to RTL model with informal argument than that of students who were exposed to CI.

Social Responsibility and the State's Duty to provide Healthcare: An Islamic Ethico-Legal Perspective.

Science.gov (United States)

Padela, Aasim I

2017-12-01

The United Nations Educational, Scientific and Cultural Organization's (UNESCO) Declaration on Bioethics and Human Rights asserts that governments are morally obliged to promote health and to provide access to quality healthcare, essential medicines and adequate nutrition and water to all members of society. According to UNESCO, this obligation is grounded in a moral commitment to promoting fundamental human rights and emerges from the principle of social responsibility. Yet in an era of ethical pluralism and contentions over the universality of human rights conventions, the extent to which the UNESCO Declaration can motivate behaviors and policies rests, at least in part, upon accepting the moral arguments it makes. In this essay I reflect on a state's moral obligation to provide healthcare from the perspective of Islamic moral theology and law. I examine how Islamic ethico-legal conceptual analogues for human rights and communal responsibility, ḥuqūq al-'ibād and farḍ al-kifāyah and other related constructs might be used to advance a moral argument for healthcare provision by the state. Moving from theory to application, I next illustrate how notions of human rights and social responsibility were used by Muslim stakeholders to buttress moral arguments to support American healthcare reform. In this way, the paper advance discourses on a universal bioethics and common morality by bringing into view the concordances and discordances between Islamic ethico-legal constructs and moral arguments advanced by transnational health policy advocates. It also provides insight into applied Islamic bioethics by demonstrating how Islamic ethico-legal values might inform the discursive outputs of Muslim organizations. © 2016 John Wiley & Sons Ltd.

Argument Structure in Arabic and English: Re-assessing Purity and Redeeming Hybridity

Directory of Open Access Journals (Sweden)

Faisal Said Al-Maamari

2017-05-01

Full Text Available This study presents a contrastive rhetorical analysis of 20 argumentative Arabic and English editorials in argument structure. Samples were selected from two daily newspapers with equally wide distribution, and articles were written by their respective native writers. Both graphical and textual analyses captured the argument structure in terms of macro and micro arguments. A core finding is that the argument structure in the sampled editorials did not conform to the current predominant model of argument structure, which tended to polarize argument structure in terms of through or counter argumentation. The study contributes to the existing literature by defying the polarized traditional purity typology of argument structure frequently cited in the literature, and emphasizes a more dynamic hybrid model to understanding and analyzing arguments in general and in Arabic and English specifically. Additionally, the study of the professional genre of editorails has implications for academic writing and second language writing pedagogy by sensitizing foreign language learners to existing models of argument structure and possible ways to structure their arguments in the target language.

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

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

Argumentation skill profile using “Toulmin Argumentation Pattern” analysis of high school student at Subang on topic hydrostatic pressure

Science.gov (United States)

Syerliana, L.; Muslim; Setiawan, W.

2018-05-01

This study aims to know profile of argumentation skill high school student at Kabupaten Subang. To achieve this goal, researcher conducted a descriptive study to analysis student test results of argumentation skill of 35 students XII SMAN. Data collection using argumentation test which has validation by expert and then it is analyzed using TAP (Toulmin Argumentation Pattern) which consist of some components such a data, claim, warrant, backing, and rebuttal on the topic of hydrostatic pressure. The method used in this research is descriptive method. The result of this research show the student’s scientific argumentation skill is still low, this is proven by 54% average claim score, 38% data, 29% warrant, 35% backing and 35% rebuttal. These findings will serve as a basis for further research on innovative learning models that can improve students’ argumentation skill.

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.

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.

Legal Loopholes and the Politics of Executive Term Limits: Insights from Burundi

Directory of Open Access Journals (Sweden)

Stef Vandeginste

2016-01-01

Full Text Available The nomination of incumbent Pierre Nkurunziza to stand again for president in the 2015 national elections triggered a political and security crisis in Burundi. A crucial element in the controversy around his third term was the legality of his candidacy. This paper analyses how domestic and international actors responded to the legal loopholes that characterised Burundi’s term-limit legislation. Three responses are distinguished. First, quite paradoxically, an argument was put forward by third-term supporters that stressed constitutional legality, a value usually invoked by third-term opponents. Second, a peace agreement was referred to as a source of legitimacy and as a legal norm. Third, a Constitutional Court ruling was invoked to address the legal loophole. Despite the apparent irrelevance of legal norms in an increasingly authoritarian environment, law significantly shaped the dynamics of the third-term debate and of the wider crisis. The Burundi case also illustrates the limitations of constitutional engineering of democratic governance.

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)

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)

Introduction and framing of electricity capacity markets. Legal requirements and boundaries; Einfuehrung und Ausgestaltung von Strom-Kapazitaetsmaerkten. Rechtliche Anforderungen und Grenzen

Energy Technology Data Exchange (ETDEWEB)

Daeuper, Olaf; Grundmann, Malte [Becker Buettner Held, Berlin (Germany)

2012-12-15

A lively discussion is currently being waged as to whether the electricity markets in their existing design can sustain our future security of supply and how this might be accomplished with future market designs using what are referred to as capacity mechanisms. However, the discussion is largely being conducted from the viewpoint of energy economy, in negligence of the legal constraints and requirements that must form the basis for any promotion mechanism in favour of existing or new installations. A wealth of legal regulations exists which must be taken into account here, ranging from primary European law down to the relevant national laws. Which model ultimately prevails will depend not so much on legal arguments as it will on ones phrased in terms of energy economy. When this has been achieved however, if not earlier, the importance of a legal framework for the market will become apparent.

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…

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.

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 ...

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…

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).

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,

No, we don't think our doctors are out to get us: responding to the straw man distortions of disability rights arguments against assisted suicide.

Science.gov (United States)

Gill, Carol J

2010-01-01

The arguments that disability rights advocates present in opposition to legalized assisted suicide are frequently misconstrued in public debate. The goal of this paper is to identify and analyze key "straw man" fallacies about the disability rights opposition in order to clarify this position and the factors that contribute to its distortion. The author adopts a first-person perspective as a disability scholar/activist who has participated in "right to die" debates for over two decades. Three possible barriers that potentially impede comprehension of disability rights arguments are discussed. Prominent fallacies that assisted suicide proponents attribute to disability rights opponents are analyzed in relation to the dynamics of the assisted suicide debate, social views of disability and incurable illness, and available evidence. The author's position is that disability rights arguments against legalized assisted suicide contribute a complex intellectual and experience-based perspective to the debate that can illuminate immediate and distal consequences of altering public policy. Copyright © 2010 Elsevier Inc. All rights reserved.

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...

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.).

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.…

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

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.…

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

Bringing Emotions into Legal Education Through the Experimental Learning Model: A Proposal

OpenAIRE

Lidia Rodak

2017-01-01

The paper calls for the integration of theory and practice in legal education through integrating emotions into learning process. The ideas it aims to put forward have their roots in the work of the American educational psychologist, David A. Kolb. Using the Experiential Learning Theory Model, he elaborated on, the paper demonstrates how it can be adapted to suit legal education and what the benefits are for legal education.Este artículo propone integrar la teoría y la prá...

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.

Water Property Models as Sovereignty Prerogatives: European Legal Perspectives in Comparison

Directory of Open Access Journals (Sweden)

Dario Casalini

2010-08-01

Full Text Available Water resources in European legal systems have always been vested in sovereign power, regardless of their legal nature as goods vested in State property or as res communes omnium not subject to ownership. The common legal foundation of sovereign power over water resources departed once civil law jurisdictions leveled the demesne on ownership model, by introducing public ownership in the French codification of 1804, while common law jurisdiction developed a broader legal concept of property that includes even the rights to use res communes. The models led respectively to the establishment of administrative systems of water rights and markets of water rights. According to the first, public authorities’ power to manage and preserve water resources is grounded in a derogatory regime, whereby water rights, grounded on licenses or concessions, are neither transferable nor tradeable. On the contrary, environmental and social concerns in water market schemes must be enforced by means of regulation, thus limiting private property rights on water, in compliance with the constitutional and common law constraints set out to protect the minimum content of property as a fundamental human right.

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

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”.

Discounting Testimony with the Argument Ad Hominem and a Bayesian Congruent Prior Model

Science.gov (United States)

Bhatia, Jaydeep-Singh; Oaksford, Mike

2015-01-01

When directed to ignore evidence of a witness's previous bad character because of a violation of the rules of evidence, are jurors' beliefs still affected? The intuition is that they will be because in everyday argumentation, fallacies, like the ad hominem, are effective argumentative strategies. An ad hominem argument (against the person)…

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

Science.gov (United States)

Cork, Kerry; Forman, Carolyn

2008-12-01

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

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

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...

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…

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…

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.

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...

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...

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...

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)

The adventures of climate science in the sweet land of idle arguments

Science.gov (United States)

Winsberg, Eric; Goodwin, William Mark

2016-05-01

In a recent series of papers Roman Frigg, Leonard Smith, and several coauthors have developed a general epistemological argument designed to cast doubt on the capacity of a broad range of mathematical models to generate "decision relevant predictions." The presumptive targets of their argument are at least some of the modeling projects undertaken in contemporary climate science. In this paper, we trace and contrast two very different readings of the scope of their argument. We do this by considering the very different implications for climate science that these interpretations would have. Then, we lay out the structure of their argument-an argument by analogy-with an eye to identifying points at which certain epistemically significant distinctions might limit the force of the analogy. Finally, some of these epistemically significant distinctions are introduced and defended as relevant to a great many of the predictive mathematical modeling projects employed in contemporary climate science.

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.

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...

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…

The acceptability of arguments in favour of and against the Iraq War

Directory of Open Access Journals (Sweden)

Juan LaLlave

2005-10-01

Full Text Available This paper reports on research based on an experimental questionnaire designed using the logic and the basic structure of the Moral Judgment Test (MJT by Lind (1982. The study aims at understanding how respondents' acceptance of political arguments may have contributed to the lack of international support for the Iraq war and/or to the failure to prevent a preemptive attack. It examines factors, which respondents may have relied on in their acceptance of the arguments. The instrument consisted of three components: (1 A brief vignette on the declared beginning (March 19, 2003 and ending (May 1, 2003 of major operations in Iraq. (2 Respondents' own agreement with the need for the war. (3 Twelve arguments from political speeches: Six arguments by Bush and Blair "in favor of" (pro, and six arguments by Chirac and Schroeder "against" (con the need for the Iraq war. We scored each argument using Kohlberg's (1984 stage theory and Commons' Hierarchical Complexity Scoring System (HCSS (Commons et al., 2004, which identifies hierarchical features in the structure. Using Kempf's (2003 Cognitive Escalation and De-Escalation Model (CEDM we scored each argument sentence for details. Our sample consists of (N = 397 respondents of which were 56.4% women, 24.2% men, and 19.4% did not specify. The largest groups consisted of 71% Germans, 37.2% Catholics, 74.3% between the ages of 18-20 with high school education. Another group consisted of 8.6% Americans with a broader spectrum in age and higher educational level. Using 7 point Likert scales, respondents rated whether they would have rejected or accepted the main point of each argument, whether the main point of the argument seemed illusory or realistic, and whether the emotion evoked by the argument was destructive or constructive. The analysis of the data aimed at determining which within subject and between subject design factors were relevant in predicting respondents' acceptance of arguments and the

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)

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...

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.

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

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...

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.

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

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...

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.

Implementation of Argument-Driven Inquiry as an Instructional Model in a General Chemistry Laboratory Course

Science.gov (United States)

Kadayifci, Hakki; Yalcin-Celik, Ayse

2016-01-01

This study examined the effectiveness of Argument-Driven Inquiry (ADI) as an instructional model in a general chemistry laboratory course. The study was conducted over the course of ten experimental sessions with 125 pre-service science teachers. The participants' level of reflective thinking about the ADI activities, changes in their science…

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.

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.

Children's responses in argumentative discussions relating to parental rules and prescriptions

Directory of Open Access Journals (Sweden)

Antonio Bova

2015-01-01

Full Text Available This study sets out to investigate the types of responses by children aged between 3 and 7 years in argumentative discussions relating to parental rules and prescriptions. The data corpus is composed of 132 argumentative discussions selected from 30 video-recorded meals of 10 middle to upper-middle-class Swiss and Italian families. Data are presented through discursive excerpts of argumentative discussions and analysed by the pragma-dialectical ideal model of critical discussion. The findings show that when parents advance context-bound arguments such as the arguments of quality (e.g., very good, salty, or not good and quantity (e.g., too little, quite enough, or too much of food, the arguments advanced by children mirror the same types of arguments previously used by parents. On the other hand, when parents advance more complex, elaborated, and context-unbound arguments such as the appeal to consistency's argument, the argument from authority and the argument from analogy, the children typically did not advance any argument, but their response is an expression of further doubt or a mere opposition without providing any argument. Overall, the results of this study indicate that the types of children's responses are strictly connected to the type of argument previously advanced by their parents. This aspect is particularly relevant in terms of children's capacities to engage in argumentative exchanges and to react in rational ways during the confrontation with the parents. Further research in this direction is needed in order to better understand specific potentialities of language in the everyday process of socialization within the family context.

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)

A New Method for Re-Analyzing Evaluation Bias: Piecewise Growth Curve Modeling Reveals an Asymmetry in the Evaluation of Pro and Con Arguments.

Directory of Open Access Journals (Sweden)

Jens Jirschitzka

Full Text Available In four studies we tested a new methodological approach to the investigation of evaluation bias. The usage of piecewise growth curve modeling allowed for investigation into the impact of people's attitudes on their persuasiveness ratings of pro- and con-arguments, measured over the whole range of the arguments' polarity from an extreme con to an extreme pro position. Moreover, this method provided the opportunity to test specific hypotheses about the course of the evaluation bias within certain polarity ranges. We conducted two field studies with users of an existing online information portal (Studies 1a and 2a as participants, and two Internet laboratory studies with mostly student participants (Studies 1b and 2b. In each of these studies we presented pro- and con-arguments, either for the topic of MOOCs (massive open online courses, Studies 1a and 1b or for the topic of M-learning (mobile learning, Studies 2a and 2b. Our results indicate that using piecewise growth curve models is more appropriate than simpler approaches. An important finding of our studies was an asymmetry of the evaluation bias toward pro- or con-arguments: the evaluation bias appeared over the whole polarity range of pro-arguments and increased with more and more extreme polarity. This clear-cut result pattern appeared only on the pro-argument side. For the con-arguments, in contrast, the evaluation bias did not feature such a systematic picture.

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

Entangled interests: modelling the legal rights of children and parents

OpenAIRE

Montgomery, Jonathan

2010-01-01

This paper considers different legal models of children’s and parents’ rights, of professional responsibilities, and of ‘best interests’ or ‘welfare’ decision-making. It uses examples drawn from the Children Act 1989, the Mental Health Act 1983 and the Mental Capacity Act 2005.

ECONOMIC AND LEGAL ASPECTS OF THE PLANNED DAMAGES ACTIONS FOR THE BREACHES OF EC ANTITRUST LAW

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Elena Isac

2010-09-01

Full Text Available This paper investigates the planned damages actions for breaches of EC antitrust law in order to assess their impact on consumer welfare. It first examines the current legal situation and concurs that the European Union needs to regulate damages actions for breaches of EC antitrust law so that a higher number of consumers could be compensated for their losses. This paper then discusses the main legal provisions proposed by the Commission in the Green and in the White paper on damages actions for breaches of EC antitrust law. The analysis of these proposed legal provisions is done using arguments specific to the economic analysis of law. It is demonstrated that most of these proposed legal provisions will enhance consumer welfare but that there are also proposed legal provisions which will damage consumer welfare. The paper concludes that the planned damages actions for breaches of the EC law will be an improvement compared to the current situation. However, the Commission should amend some of the proposed legal provisions in order to help consumers further.

Predicate Argument Structure Analysis for Use Case Description Modeling

Science.gov (United States)

Takeuchi, Hironori; Nakamura, Taiga; Yamaguchi, Takahira

In a large software system development project, many documents are prepared and updated frequently. In such a situation, support is needed for looking through these documents easily to identify inconsistencies and to maintain traceability. In this research, we focus on the requirements documents such as use cases and consider how to create models from the use case descriptions in unformatted text. In the model construction, we propose a few semantic constraints based on the features of the use cases and use them for a predicate argument structure analysis to assign semantic labels to actors and actions. With this approach, we show that we can assign semantic labels without enhancing any existing general lexical resources such as case frame dictionaries and design a less language-dependent model construction architecture. By using the constructed model, we consider a system for quality analysis of the use cases and automated test case generation to keep the traceability between document sets. We evaluated the reuse of the existing use cases and generated test case steps automatically with the proposed prototype system from real-world use cases in the development of a system using a packaged application. Based on the evaluation, we show how to construct models with high precision from English and Japanese use case data. Also, we could generate good test cases for about 90% of the real use cases through the manual improvement of the descriptions based on the feedback from the quality analysis system.

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.

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

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...

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)

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…

Legal aspects of the nuclear fuel cycle and the final storage in the Federal Republic of Germany

International Nuclear Information System (INIS)

Strassburg, W.

1983-01-01

The public discussion on ''the waste disposal of German nuclear power plants'', is, in contrast to former political arguments, more and more determined by legal questions, as for instance the suitability for licensing compact storage and central intermediate storage for spent fuel elements. A quick and partly already occurred clarification of these legal questions by the courts guarantees that the storage facilities, which are planned or are under construction, are available in time. The implementation of the technical-scientific management and disposal concept of nuclear waste in the Atomic Energy Act according to the fourth amendment of 1976 has, on principle, been successful, even if hereby partly open legal questions arose. The clarification of these questions is among other things provided in the framework of the legal regulations, still to be expected, by means of the legal authorization in paragraph 12, paragraph 1, No. 8 and 9 of the Atomic Energy Act, which have the aim ''to regulate the disposal and radioactive wastes comprehensively. (orig./HP) [de

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.

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....

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.

Examining Science Teachers' Argumentation in a Teacher Workshop on Earthquake Engineering

Science.gov (United States)

Cavlazoglu, Baki; Stuessy, Carol

2018-02-01

The purpose of this study was to examine changes in the quality of science teachers' argumentation as a result of their engagement in a teacher workshop on earthquake engineering emphasizing distributed learning approaches, which included concept mapping, collaborative game playing, and group lesson planning. The participants were ten high school science teachers from US high schools who elected to attend the workshop. To begin and end the teacher workshop, teachers in small groups engaged in concept mapping exercises with other teachers. Researchers audio-recorded individual teachers' argumentative statements about the inclusion of earthquake engineering concepts in their concept maps, which were then analyzed to reveal the quality of teachers' argumentation. Toulmin's argumentation model formed the framework for designing a classification schema to analyze the quality of participants' argumentative statements. While the analysis of differences in pre- and post-workshop concept mapping exercises revealed that the number of argumentative statements did not change significantly, the quality of participants' argumentation did increase significantly. As these differences occurred concurrently with distributed learning approaches used throughout the workshop, these results provide evidence to support distributed learning approaches in professional development workshop activities to increase the quality of science teachers' argumentation. Additionally, these results support the use of concept mapping as a cognitive scaffold to organize participants' knowledge, facilitate the presentation of argumentation, and as a research tool for providing evidence of teachers' argumentation skills.

Truth and victims’ rights: Towards a legal epistemology of international criminal justice

OpenAIRE

Aguilera, Edgar R.

2013-01-01

The author advances the thesis that the now well established international crime victims' right to know the truth creates an opportunity for an applied epistemology reflection regarding international criminal justice. At the heart of the project lies the author's argument that this victims' right -if taken seriously- implies both the right that the international criminal justice system's normative structures or legal frameworks and practices feature a truth-promoting profile, or in other word...

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…

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.

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.

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.

Developing Argumentation Strategies in Electronic Dialogs: Is Modeling Effective?

Science.gov (United States)

Mayweg-Paus, Elisabeth; Macagno, Fabrizio; Kuhn, Deanna

2016-01-01

The study presented here examines how interacting with a more capable interlocutor influences use of argumentation strategies in electronic discourse. To address this question, 54 young adolescents participating in an intervention centered on electronic peer dialogs were randomly assigned to either an experimental or control condition. In both…

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,…

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.…

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.

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.'

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.

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.

The Food and Drug Administration and Drug Legalization: A Brief Model of Regulation

OpenAIRE

Kalam, Murad

2002-01-01

This paper offers a brief model of FDA regulation of currently illegal narcotics in the United States. Given that nearly three out of four Americans believe that the drug war has failed, recent calls from prominent liberal and conservative thinkers to legalize drugs, and state “compassionate use†ballot initiatives, future drug legalization is at least conceivable in the United States. Yet, how would the FDA regulate NLD’s under its current st...

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

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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

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.

Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

African Journals Online (AJOL)

21892687

various aspects of legal practice and engage in community service learning ... components, namely clinical duty, classroom teaching and clinician/student tutorial ..... Vawda YA "Learning from Experience: The Art and Science of Clinical Law" ... Lennertz M Date Unknown Developing Legal Clinics in Brazil: Remarks on the.

Arguments from Developmental Order

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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’.

Theoretical Proposal for Pragmatic-Rhetorical Analysis of Argument in the Tourist Guide

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MSc. Iliana Rosabal-Pérez

2015-10-01

Full Text Available The purpose of the article is to present a useful theoretical proposal for the analysis of argumentation within the guidebook genre. The study perspective is supported on the rhetorical-pragmatic perspective of argumentation provided by some authors as well as the theoretical models applied to the study of persuasion in guidebooks suggested by Adam/Bonhomme (1997, Hernández-Santaolalla and Cobo-Durán (2010. The analysis of argumentation in this kind of text must consider a tactical and strategic view of  the rhetorical actions; that is to say, not to abstain from the elocution traditional examination since argumentation is an essential devise obtainable in the whole test. Keywords: rhetorical, argumentation, guidebook, rhetorical operations, topical.

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

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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. 

Legal clinic gender sensitive method for law students

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Petrušić Nevena

2008-01-01

Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

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...

Argumentation and Inference: A Unified Approach

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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.

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...

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...

Graphical Argument in the Essayist Prose of the Pesquisa FAPESP Journal

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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.

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…

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

Application of Model-Based Diagnosis to Multi-Agent Systems Representing Public Administration

NARCIS (Netherlands)

Boer, A.; van Engers, T.

2012-01-01

In public administration, legal knowledge in the form of critical incidents and, for want of a better word, noncompliance storylines is important for monitoring and enforcement, but has no natural place in traditional forms of legal knowledge representation such as normative rules or legal argument

Ethical, legal and social issues to consider when designing a surrogacy law.

Science.gov (United States)

Ekberg, Merryn Elizabeth

2014-03-01

The aim of this article is to address the ethical, legal and social issues that arise when a woman becomes pregnant and gives birth to a child with the intention of surrendering this child to another woman or couple. The secondary aim is to offer some recommendations that will be beneficial for the lawmakers, policymakers and regulators who design and enforce the rules and regulations that govern surrogacy arrangements. The article considers both commercial and altruistic surrogacy and highlights some of the similarities and differences between the two. Beginning with the initial question of whether surrogacy should be legal, the controversial questions raised relate to the time before conception, during the pregnancy and after the birth of the child. The article concludes that surrogacy arrangements are ethical and should be legal because they enable the medically and socially infertile, including singles and same-sex couples, the opportunity to become parents and to enjoy the lifelong pleasures of parenthood. For many, this will be the strongest argument for the legalisation of surrogacy and the greatest benefit to arise from surrogacy arrangements.

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...

PESTEL Model Analysis and Legal Guarantee of Tourism Environmental Protection in China

Science.gov (United States)

Zhiyong, Xian

2017-08-01

On the basis of summarizing the general situation of tourism environmental protection in China, this paper analyses the macro factors of tourism environmental protection by using PESTEL model. On this basis, this paper explores the improvement paths of tourism environmental protection based on PESTEL model. Finally, it puts forward the legal guarantee suggestion of tourism environment protection.

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 ...

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

Social Values as Arguments: Similar is Convincing

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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.

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.

Legalization of Same-Sex Partnerships and the Possibility of "the Politics of Recongnition" : Learning from a Debate in the United States

OpenAIRE

佐藤, 美和

2008-01-01

In this paper, I show importance of interpreting legalization of same-sex partnerships as a process of "the politics of recognition" for gay and lesbian, through featuring on the argument about legalization of partnerships in U.S.A. In the first section, I survey evolution of lawsuits to demand the right to marry for same-sex couples, from that in 70's to Goodridge decision of the Massachusetts Supreme Court in 2003. From Beahr decision of the Hawaii Supreme Court in 1993 to Goodridge decisio...

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

Labour law and communitarian legal standards

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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.

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.

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

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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.

Blandford's argument: The strongest continuous gravitational wave signal

International Nuclear Information System (INIS)

Knispel, Benjamin; Allen, Bruce

2008-01-01

For a uniform population of neutron stars whose spin-down is dominated by the emission of gravitational radiation, an old argument of Blandford states that the expected gravitational-wave amplitude of the nearest source is independent of the deformation and rotation frequency of the objects. Recent work has improved and extended this argument to set upper limits on the expected amplitude from neutron stars that also emit electromagnetic radiation. We restate these arguments in a more general framework, and simulate the evolution of such a population of stars in the gravitational potential of our galaxy. The simulations allow us to test the assumptions of Blandford's argument on a realistic model of our galaxy. We show that the two key assumptions of the argument (two dimensionality of the spatial distribution and a steady-state frequency distribution) are in general not fulfilled. The effective scaling dimension D of the spatial distribution of neutron stars is significantly larger than two, and for frequencies detectable by terrestrial instruments the frequency distribution is not in a steady state unless the ellipticity is unrealistically large. Thus, in the cases of most interest, the maximum expected gravitational-wave amplitude does have a strong dependence on the deformation and rotation frequency of the population. The results strengthen the previous upper limits on the expected gravitational-wave amplitude from neutron stars by a factor of 6 for realistic values of ellipticity.

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

Argumentation, rationality, and psychology of reasoning

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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.

Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

Science.gov (United States)

Marishet, Mohammed Hamza

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

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…

RAPE CASES: GENRE AND RHETORICAL ANALYSIS OF CONTROVERSIAL MALAYSIAN LEGAL JUDGEMENTS

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Maya Khemlani David

2016-12-01

Full Text Available Kachru and Smith (2008 emphasize that effectual communication in the context in which different varieties of world English are used, entails awareness of the varieties in use and their cultural, social, and ideational functions. Court reports by Malaysian Judges are part of legal documents, which may be considered as a genre. Investigating the linguistic details of these reports may be helpful in understanding the argumentative and persuasive strategies used in these judgments. The issue of rape and justice is an important concern in society. The aim of this study is to investigate Malaysian judgment reports in the English language on rape cases from a linguistic perspective. Specifically, the aim of the study is to identify court of appeal judgment reports of rape cases as a Genre and to identify the moves used in this genre. The moves within the genre were identified by studying two controversial reports which showed that the judgments might suffer from relying on pathos argumentation in one critical move.

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 ...

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.

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…

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

An economic and legal perspective on electric utility transition costs

Energy Technology Data Exchange (ETDEWEB)

Rose, K.

1996-07-01

The issue of possibly unrecoverable cost incurred by a utility, or `stranded costs,` has emerged as a major obstacle to developing a competitive generation market. Stranded or transition costs are defined as costs incurred by a utility to serve its customers that were being recovered in rates but are no longer due to availability of lower-priced alternative suppliers. The idea of `stranded cost,` and more importantly arguments for its recovery, is a concept with little basis in economic theory, legal precedence, or precedence in other deregulated industries. The main argument recovery is that the ``regulatory compact`` requires it. This is based on the misconception that the regulator compact is simply: the utility incurs costs on behalf of its customers because of the ``obligation to serve`` so, therefore, customers are obligated to pay. This is a mischaracterization of what the compact was and how it developed. Another argument is that recovery is required for economic efficiency. This presumes, however, a very narrow definition of efficiency based on preventing ``uneconomic`` bypass of the utility and that utilities minimize costs. A broader definition of efficiency and the likelihood of cost inefficiencies in the industry suggest that the cost imposed on customers from inhibiting competition could exceed the gains from preventing uneconomic bypass. Both these issues are examined in this paper.

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

16 CFR 698.2 - Legal effect.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Legal effect. 698.2 Section 698.2 Commercial Practices FEDERAL TRADE COMMISSION THE FAIR CREDIT REPORTING ACT MODEL FORMS AND DISCLOSURES § 698.2 Legal effect. These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule...

Teaching, the Legal Education and Carl Rogers Assumptions: A Case Study in a Private University

Directory of Open Access Journals (Sweden)

Leonardo José Peixoto Leal

2015-12-01

of examination lawyers and tenders, existing today a new vision called "legal education crisis" in Brazil. According to Carl Rogers (1972, the main role of the teacher is not only to teach but to help the student to learn. This idea has been legitimized internationally since the publication of the UNESCO Report (Delors, 1998, when it pointed out that "learning to know" constitutes one of the pillars of contemporary education. Rogers (1972, in the 1960s,  drew up a list of 10 assumptions implicit deeply rooted among teachers, paradigms that should be addressed by teachers The methodology used was literature and documents with a qualitative approach in the case like an argument from Case Study, considering the Master in Law and the experiences of the Monitoring and Group Study Program. It concludes that the critical evaluation is important in the formation of the legal profession, because the legal education needs to renew itself, from a teaching practice centered learning.

L’argumentation dans le discours d’information médiatique Argumentation in Media Discourse

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Wander Emediato

2011-10-01

Full Text Available L’article présente quelques éléments de réflexion susceptibles de contribuer au développement d’une étude sur l’argumentation dans le discours d’information médiatique. Dans cette perspective, il poursuit deux objectifs complémentaires. L’un, d’ordre géneral, consiste à montrer comment les trois approches dominantes de l’argumentation (logique, linguistique et rhétorique sont à la fois différenciées, et étroitement imbriquées dans l’analyse du discours de presse. La seconde concerne le fonctionnement du discours d’information dans la presse et la façon dont il met en place, par des opérations de cadrage, d’effacement énonciatif, d’ellipses, etc. une « dimension argumentative » (Amossy 2000 : sans avoir une visée argumentative avouée, il se propose néanmoins d’agir sur les croyances et les représentations du lecteur. A titre d’exemple, l’étude traite d’un corpus de titres empruntés essentiellement à la presse brésilienne.This paper aims at contributing to the development of argumentation studies in the field of media discourse, and within this perspective, it presents two main complementary objectives. Firstly, it strives at showing how the three main approaches to argumentation (logical, linguistic and rhetoric are both distinct and closely interconnected in the analysis of media discourse. The second objective concerns the functioning of the selected genre of discourse: the paper examines how, through procedures of framing, obliteration of the enunciative modality, ellipses, etc., media discourse sets up an “argumentative dimension” (Amossy 2000. Although not overtly intended for persuasion, media discourse nevertheless sets out to act upon the reader’s beliefs and representations. These issues are tackled through the analysis of a sample of headlines mostly borrowed from the Brazilian press.

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

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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.

Rhétorique et argumentation : approches croisées Current Approaches to Rhetoric and Argumentation

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Roselyne Koren

2009-04-01

Full Text Available 1. Considérations théoriques (Ruth AmossyL’intérêt croissant qui se manifeste aujourd’hui pour l’argumentation dans les études francophones n’est pas sans appeler quelques clarifications. Ducrot, qui a joué un rôle déterminant dans le regain des études argumentatives en France, s’y est récemment employé en différenciant nettement ce qu’il appelle « l’argumentation linguistique » et « l’argumentation rhétorique ». La première, dont il est l’un des promoteurs et le tenant, se définit contre « ...

Improving the argumentative skills of high school students through teacher’s questioning techniques and argumentative assessment

Science.gov (United States)

Kristianti, T. P.; Ramli, M.; Ariyanto, J.

2018-05-01

This research aims to know how students’ argumentative skills improved by applying teacher’s questioning techniques and argumentative assessment through collaborative action research between college student who did teaching practicum, biology teacher as tutor teacher, and lecturers. The action research was done in three cycles involving one class consisted of 36 eleventh graders. Lesson plans were developed collaboratively, and teaching practices were by the student teacher. In the reflective phase prior to the first cycle, learning processes were dominated by the teacher, hence students did not have sufficient opportunity to argue. Students were divided into two, 14 students were grouped as low achievement (LA) and 22 students were the high achievement (HA). Teacher questions and students’ responses were furtherly coded and interpreted following the validated rubric of level of argumentation. A divergent essay as an argumentative assessment was also tested to students at the end of each cycle. At the end of the third cycle, HA and LA students showed a significant change in argumentative skills responded the teacher’s questions. However, only four LA students who actively argued. Students from HA groups also showed the improvement on the level of argumentation, where they move from level 1 to 3.

Bringing Emotions into Legal Education Through the Experimental Learning Model: A Proposal

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Lidia Rodak

2017-12-01

Full Text Available The paper calls for the integration of theory and practice in legal education through integrating emotions into learning process. The ideas it aims to put forward have their roots in the work of the American educational psychologist, David A. Kolb. Using the Experiential Learning Theory Model, he elaborated on, the paper demonstrates how it can be adapted to suit legal education and what the benefits are for legal education.Este artículo propone integrar la teoría y la práctica en la educación jurídica, a través de la integración de las emociones en el proceso de aprendizaje. La propuesta se sustenta en el pensamiento elaborado por el psicólogo de la educación norteamericano David A. Kolb. El artículo demuestra que se puede adaptar la Teoría del Modelo de Aprendizaje Experiencial que él construyó a la educación en Derecho, y las ventajas que implicaría. DOWNLOAD THIS PAPER FROM SSRN: https://ssrn.com/abstract=3075147

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

Global Attractivity in a Discrete Mutualism Model with Infinite Deviating Arguments

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Xiangdong Xie

2017-01-01

Full Text Available A set of sufficient conditions is obtained for the global attractivity of the following two-species discrete mutualism model with infinite deviating arguments: x1(k+1=x1kexp⁡r1(K1+α1∑s=0+∞J2sx2k-s/(1+∑s=0+∞J2sx2k-s-x1k and  x2(k+1=x2kexp⁡r2(K2+α2∑s=0+∞J1sx1k-s/(1+∑s=0+∞J1sx1k-s-x2k, where ri,Ki,αi, i=1,2, are all positive constants, ∑j=1+∞Ji(n=1, and αi>Ki. Our results generalize the main result of Yang et al. (2014.

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

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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

Conductive Arguments: Why is This Still a Thing?

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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.

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

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. PMID:25997381

Against a singular understanding of legal capacity: Criminal responsibility and the Convention on the Rights of Persons with Disabilities.

Science.gov (United States)

Craigie, Jillian

2015-01-01

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. Copyright © 2015. Published by Elsevier Ltd.

'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.

Discounting future health benefits: the poverty of consistency arguments.

Science.gov (United States)

Nord, Erik

2011-01-01

In economic evaluation of health care, main stream practice is to discount benefits at the same rate as costs. But main papers in which this practice is advocated have missed a distinction between two quite different evaluation problems: (1) How much does the time of program occurrence matter for value and (2) how much do delays in health benefits from programs implemented at a given time matter? The papers have furthermore focused on logical and arithmetic arguments rather than on real value considerations. These 'consistency arguments' are at best trivial, at worst logically flawed. At the end of the day, there is a sensible argument for equal discounting of costs and benefits rooted in microeconomic theory of rational, utility maximising consumers' saving behaviour. But even this argument is problematic, first because the model is not clearly supported by empirical observations of individuals' time preferences for health, second because it relates only to evaluation in terms of overall individual utility. It does not provide grounds for claiming that decision makers with a wider societal perspective, which may include concerns for fair distribution, need to discount Copyright © 2010 John Wiley & Sons, Ltd. 2010 John Wiley & Sons, Ltd.

Family Arguments

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... 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 ...

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)

Science, truth, and forensic cultures: the exceptional legal status of DNA evidence.

Science.gov (United States)

Lynch, Michael

2013-03-01

Many epistemological terms, such as investigation, inquiry, argument, evidence, and fact were established in law well before being associated with science. However, while legal proof remained qualified by standards of 'moral certainty', scientific proof attained a reputation for objectivity. Although most forms of legal evidence (including expert evidence) continue to be treated as fallible 'opinions' rather than objective 'facts', forensic DNA evidence increasingly is being granted an exceptional factual status. It did not always enjoy such status. Two decades ago, the scientific status of forensic DNA evidence was challenged in the scientific literature and in courts of law, but by the late 1990s it was being granted exceptional legal status. This paper reviews the ascendancy of DNA profiling, and argues that its widely-heralded objective status is bound up with systems of administrative accountability. The 'administrative objectivity' of DNA evidence rests upon observable and reportable bureaucratic rules, records, recording devices, protocols, and architectural arrangements. By highlighting administrative sources of objectivity, this paper suggests that DNA evidence remains bound within the context of ordinary organisational and practical routines, and is not a transcendent source of 'truth' in the criminal justice system. Copyright © 2012. Published by Elsevier Ltd.

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)

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.

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...

Craig and Kalam Cosmological Argument

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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.

Craig and Kalam Cosmological Argument

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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.

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.

Argument types about the notion of reversibility in the management of radioactive wastes - ANDRA EHESS convention, final report

International Nuclear Information System (INIS)

Cezanne-Bert, Pierrick; Chateauraynaud, Francis

2009-01-01

Whereas the creation authorization of a deep geological storage centre will be able to be awarded only after a law defining reversibility conditions, this document reports the study of the different argument and speech types about the notion of reversibility in the management of nuclear wastes. This study is based on 2.360 texts and 17 interviews with the main actors of this issue. After a description of this corpus, the authors analyze the reversibility notion in terms of technological innovation, legal constraint, and protest forms. They identify the main trends and possible emerging conflicts

Analyzing Argumentation In Rich, Natural Contexts

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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.

Developing Environmentally Responsible Behaviours Through the Implementation of Argumentation- and Problem-Based Learning Models

Science.gov (United States)

Fettahlıoğlu, Pınar; Aydoğdu, Mustafa

2018-04-01

The purpose of this research is to investigate the effect of using argumentation and problem-based learning approaches on the development of environmentally responsible behaviours among pre-service science teachers. Experimental activities were implemented for 14 weeks for 52 class hours in an environmental education class within a science teaching department. A mixed method was used as a research design; particularly, a special type of Concurrent Nested Strategy was applied. The quantitative portion was based on the one-group pre-test and post-test models, and the qualitative portion was based on the holistic multiple-case study method. The quantitative portion of the research was conducted with 34 third-year pre-service science teachers studying at a state university. The qualitative portion of the study was conducted with six pre-service science teachers selected among the 34 pre-service science teachers based on the pre-test results obtained from an environmentally responsible behaviour scale. t tests for dependent groups were used to analyse quantitative data. Both descriptive and content analyses of the qualitative data were performed. The results of the study showed that the use of the argumentation and problem-based learning approaches significantly contributed to the development of environmentally responsible behaviours among pre-service science teachers.

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 ...

Discrimination of legal entities: Phenomenological characteristics and legal protection

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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.

Humanist Principles Underlying Philosophy of Argument

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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.

Definitional Arguments in Children’s Speech

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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.

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...

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

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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.

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

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.

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.

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

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

Legal reality of Russia: constants and variables

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Andrey Valeryevich Skorobogatov

2015-06-01

Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

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…

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.

Supporting middle school students' construction of evidence-based arguments: Impact of and student interactions with computer-based argumentation scaffolds

Science.gov (United States)

Belland, Brian Robert

Middle school students have difficulty creating evidence-based arguments (EBAs) during problem-based learning (PBL) units due to challenges (a) adequately representing the unit's central problem (Ge & Land, 2004; Liu & Bera, 2005), (b) determining and obtaining the most relevant evidence (Pedersen & Liu, 2002-2003), and (c) synthesizing gathered information to construct a sound argument (Cho & Jonassen, 2002). I designed and developed the Connection Log to support middle school students in this process. This study addressed (1) the Connection Log's impact on (a) argument evaluation ability, and (b) group argument quality and (2) how and why middle school science students used the Connection Log. Four sections of a 7th-grade science class participated. Student groups selected a stakeholder position related to the Human Genome Project (HGP) and needed to decide on and promote a plan to use $3 million to further their position as pertains to the HGP. I randomly assigned one higher-achieving and one lower-achieving class to Connection Log or no Connection Log conditions. Students completed an argument evaluation test, and impact on argument evaluation ability was determined using nested ANOVA. Two graduate students, blind to treatment conditions, rated group arguments, and impact on group argument quality was determined using nested MANOVA. To determine how and why students used the Connection Log, I videotaped and interviewed one small group from each class in the experimental condition. I coded transcripts and generated themes, triangulating the two data sources with informal observations during all class sessions and what students wrote in the Connection Log. I detected no significant differences on claim, evidence, or connection of claim to evidence ratings of debate performances. However, students used the Connection Log to counter different difficulties, and I found a significant main effect of the Connection Log on argument evaluation ability, as well as a

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 ...

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

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,…

Limitation for the Agricultural Uses of the Rural Properties Represented by LFR (Legal Forest Reserves

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Carlos Cesar Ronquim

2015-12-01

Full Text Available The present text approaches the limitations of special protection of natural resources in the agricultural properties represented by Legal Forest Reserves (LFR, from their origin to the form they are being tutored now. Their relationships and differentiations are established. Forms for the recompositions and use of LFR are approached. Finally, the arguments of the environmentalists and ruralists are pointed out for the improvement of the institute and its applicability, presenting forms of putting in practice the desirable sustainable development

Estructura del sistema legal del turismo en Venezuela | Structure of the legal system of tourism in Venezuela

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Melania Navas Graterol

2017-11-01

Full Text Available It is a fact that the social dynamic of human life, in its constant evolution promotes special and particular circumstances that the law must regulate, such as tourism. The latter, as multifaceted activity, develops into different scopes of human activities: economic, social, cultural, environmental, political and obviously, in the judicial, and requires to be regulated, supervised, encouraged and coordinated by the law. This compendium of rules integrates what is known as the Legal System Structure of the Tourism in Venezuela and they are organized in a hierarchical way, into a legal level that gives a determinate rank, which can be the same or different, and could be seen in the pyramidal model created by Hans Kelsen. The understanding of this legal system that regulates tourism through the compressive hermeneutics of its rules, allowed to find out that the legal structure is well defined within the Venezuelan touristic context. The analysis of results allowed to conclude that the norm that regulates the tourism activity in Venezuela responds to the Kelsen pyramidal model and there is a diverse number of legal instruments which contain rules that regulates it in direct way and others indirectly.

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

Advancing Competencies in Argumentation at Schools using the Example of "Culture-Environment Interaction"

Science.gov (United States)

Budke, A.; Schaebitz, F.; Dittrich, S.

2016-12-01

According to the German national education standards communication is one of the six areas in which competencies shall be conveyed in Geography classes. Special significance is given to the training of the competence to solve problems through argumentation. Argumentation has a great significance in the learning process in schools, because here the students' knowledge pools are individually linked and understood. According to modern theories of learning, learning is a constructive process. Linking existing pools of knowledge to new insights is usually triggered by communication and argumentation in the classroom. Furthermore, argumentation helps with the individual's formation of opinion as well as their identification with certain values. Argumentation is one of the central social and cultural techniques to solve conflicts peacefully, to conduct negotiations, and to act in one's own interests. Thus conveying competence in argumentation is to be seen as an interdisciplinary task in education. Recently a hypothetical model of competence in geographical argumentation was proposed, a methodical instrument for measuring competence in geographical argumentation was developed, and by analyzing textbooks it was shown that this topic is only marginally targeted by exercises. The Collaborative Research Center 806 "Our Way to Europe" (www.sfb806.uni-koeln.de), with its cross disciplinary research in the sciences as well as humanities offers an outstanding basis for developing and evaluating teaching material and concepts. The use of these diverse topics, complex systems, and the various research problems as well as findings of the CRC-806 allowed developing study units designed to promote problem solving and argumentation skills in the sciences and humanities. Here we will present the results of this study based on special teaching materials, which was tested and evaluated to support students in formulating scientific problems and promote their argumentation skills.

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.

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...

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…

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

The Determinants of Money Arguments between Spouses

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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.

Argumentation Ethics and The Philosophy of Freedom

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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.

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

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Hamidreza Abdoli Mehrjardi

2014-08-01

Full Text Available Historical evidences suggest that human beings have been always in search of God in some form. Some believe that man is born with this divine sense. This ubiquitous quality of human beings is called primordial nature (fitrah. Many scholars have tried to demonstrate the existence of God through this shared quality of human individuals. In Islamic thought this latter intellectual effort has been designated as "argument from primordial nature" and in western theological and philosophical thought it is known as "argument from general consensus". Although these arguments have some differences in their general settings and attitudes; but they both resort to human general divine attitude to demonstrate the existence of God. In this essay we have sought to propound the views of those scholars who have dealt with this argument at length. Reflecting on the general form of the expositions shows that the expositions of argument from primordial nature and argument from general consensus cannot demonstrate the existence of God without basing themselves on the principle of causation or human existential poverty. Via comparative assessment of these two arguments we have turned to the critiques which have been leveled against them and laid bare their similarities and differences. Of course there are some differences between the argument from primordial nature in Islam and the argument from general consensus in west. This essay seeks to assay the key expositions which have been offered of these arguments in Islamic and western philosophies. It seems that among Moslem philosophers, Mulla Sadra from the early generation, Allameh Tabtabaei, Imam Khomeini, Jawadi Amuli and Mutahari from later generation, have paid more attention to this argument. Among western scholars one can mention William James, Charles Hodge, James Joyce, Paul Tillich and Seneca who have made more direct remarks on this argument. John Locke is also against this argument. This is why we have

Fallacies in ethical argumentation on abortion

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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.

A Canonical Approach to the Argument/Adjunct Distinction

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Diana Forker

2014-01-01

Full Text Available This paper provides an account of the argument/adjunct distinction implementing the 'canonical approach'. I identify five criteria (obligatoriness, latency, co-occurrence restrictions, grammatical relations, and iterability and seven diagnostic tendencies that can be used to distinguish canonical arguments from canonical adjuncts. I then apply the criteria and tendencies to data from the Nakh-Daghestanian language Hinuq. Hinuq makes extensive use of spatial cases for marking adjunct-like and argument-like NPs. By means of the criteria and tendencies it is possible to distinguish spatial NPs that come close to canonical arguments from those that are canonical adjuncts, and to place the remaining NPs bearing spatial cases within the argument-adjunct continuum.

Governance of Arctic Offshore Oil & Gas Activities: Multilevel Governance & Legal Pluralism at Stake

DEFF Research Database (Denmark)

Pelaudeix, Cecile

2015-01-01

This article analyses the governance process of offshore oil and gas activities in the Arctic with the concept of multilevelgovernance and legal pluralism to address both issues of management of the environment and public participation. The analysis goes beyond the single issue of fragmentation p...... and from regional government, indigenous shareholders and corporation perspectives, could be helpful in providing relevant actors with arguments to weigh the decision on seismic and drilling activities in relation to risk acceptance.......This article analyses the governance process of offshore oil and gas activities in the Arctic with the concept of multilevelgovernance and legal pluralism to address both issues of management of the environment and public participation. The analysis goes beyond the single issue of fragmentation...... pertaining to the international and supranational levels, to encompass national and regional levels and evaluate how the interactions between those levels structure the policy process and impact the efficiency of environmental management and public participation. Four paths of reflection arise from...

The Dworkin's Criticism About Legal Positivism and the Construction of the Concept of Discretion

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Pedro D'Angelo da Costa

2015-12-01

Full Text Available Known  as  "Hart-Dworkin  Debate,"  the  clash  of  opinions  between  these two authors generated intense discussion about legal positivism and theories that seek to refute its core arguments.  In  this  context,  Ronald  Dworkin strives  to  rebuke  the  positivist  doctrine demonstrating that its elementary notions are not able to produce an effective theory about the nature of law. In this article, I analyze the criticism launched by Dworkin to legal positivism and concepts of Herbert Hart, with particular attention to the concept of discretion that Dworkin assigns to positivism. From a theoretical discussion involving the major works of these authors, I try to confirm the hypothesis that modern positivist theory is not committed  to  the  meaning  attributed  by  Dworkin  to the  notion  of  discretion,  thus undermining the foundation of Dworkin's criticism concerning the interpretation in legal positivism. Finally, I also consider the seriousness of this problem for dworkin´s theory as a whole, assessing whether his criticism remains committed or resist this setback.

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

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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

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…

Flying in Clear Skies: Technical Arguments Influencing ANAC Regulations

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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.

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…

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)

The Use of Conceptual Change Text toward Students’ Argumentation Skills in Learning Sound

Science.gov (United States)

Sari, B. P.; Feranie, S.; Winarno, N.

2017-09-01

This research aim is to investigate the effect of Conceptual Change Text toward students’ argumentation skills in learning sound concept. The participant comes from one of International school in Bandung, Indonesia. The method that used in this research is a quasi-experimental design with one control group (N=21) and one experimental group (N=21) were involves in this research. The learning model that used in both classes is demonstration model which included teacher explanation and examples, the difference only in teaching materials. In experiment group learn with Conceptual Change Text, while control group learn with conventional book which is used in school. The results showed that Conceptual Change Text instruction was better than the conventional book to improved students’ argumentation skills of sound concept. Based on this results showed that Conceptual Change Text instruction can be an alternative tool to improve students’ argumentation skills significantly.

(Non-)Arguments in Long-Distance Extractions.

Science.gov (United States)

Nyvad, Anne Mette; Kizach, Johannes; Christensen, Ken Ramshøj

2015-10-01

Previous research has shown that in fully grammatical sentences, response time increases and acceptability decreases when the filler in a long-distance extraction is incompatible with the matrix verb. This effect could potentially be due to a difference between argument and adjunct extraction. In this paper we investigate the effect of long extraction of arguments and adjuncts where incompatibility is kept constant. Based on the results from two offline surveys and an online experiment, we argue that the argument/adjunct asymmetry in terms of acceptability is due to differences in processing difficulty, but that both types of extraction involve the same intermediate attachment sites in the online processing.

Argumentation in elementary science education: addressing methodological issues and conceptual understanding

Science.gov (United States)

Kaya, Ebru

2017-11-01

In this review essay I respond to issues raised in Mijung Kim and Wolff-Michael Roth's paper titled "Dialogical argumentation in elementary science classrooms", which presents a study dealing with dialogical argumentation in early elementary school classrooms. Since there is very limited research on lower primary school students' argumentation in school science, their paper makes a contribution to research on children's argumentation skills. In this response, I focus on two main issues to extend the discussion in Kim and Roth's paper: (a) methodological issues including conducting a quantitative study on children's argumentation levels and focusing on children's written argumentation in addition to their dialogical argumentation, and (b) investigating children's conceptual understanding along with their argumentation levels. Kim and Roth emphasize the difficulty in determining the level of children's argumentation through the Toulmin's Argument Pattern and lack of high level arguments by children due to their difficulties in writing texts. Regarding these methodological issues, I suggest designing quantitative research on coding children's argument levels because such research could potentially provide important findings on children's argumentation. Furthermore, I discuss alternative written products including posters, figures, or pictures generated by children in order to trace children's arguments, and finally articulating argumentation and conceptual understanding of children.

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

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

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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.

We have yet to see the "visual argument"

OpenAIRE

Popa, O.E.

2016-01-01

In this paper, I defend two skeptical claims regarding current research on visual arguments and I explain how these claims reflect upon past and future research. The first claim is that qualifying an argument as being visual amounts to a category mistake; the second claim is that past analyses of visual arguments fault on both end of the “production line” in that the input is not visual and the output is not an argument. Based on the developed critique, I discuss how the study of images in co...

Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

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Trinkner, Rick; Cohn, Ellen S

2014-12-01

Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

Understanding a High School Physics Teacher's Pedagogical Content Knowledge of Argumentation

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Wang, Jianlan; Buck, Gayle A.

2016-08-01

Scientific argumentation is an important learning objective in science education. It is also an effective instructional approach to constructivist science learning. The implementation of argumentation in school settings requires science teachers, who are pivotal agents of transforming classroom practices, to develop sophisticated knowledge of argumentation. However, there is a lack of understanding about science teachers' knowledge of argumentation, especially the dialogic meaning of argumentation. In this case study, we closely examine a high school physics teacher's argumentation-related pedagogic content knowledge (PCK) in the context of dialogic argumentation. We synthesize the teacher's performed PCK from his argumentation practices and narrated PCK from his reflection on the argumentation practices, from which we summarize his PCK of argumentation from the perspectives of orientation, instructional strategies, students, curriculum, and assessment. Finally, we describe the teacher's perception and adaption of argumentation in his class. We also identity the barriers to argumentation implementation in this particular case and suggest solutions to overcome these barriers.

Reasoning by Argumentation. Social Studies Learning Milestone 4.

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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…

Consciousness regained? Philosophical arguments for and against reductive physicalism.

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Sturm, Thomas

2012-03-01

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

Argumentation in the Chemistry Laboratory: Inquiry and Confirmatory Experiments

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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.

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...

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

Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

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Speldewinde, Christopher A; Parsons, Ian

2015-01-01

Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

Support for Marijuana Legalization and Predictors of Intentions to Use Marijuana More Often in Response to Legalization Among U.S. Young Adults.

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Cohn, Amy M; Johnson, Amanda L; Rose, Shyanika W; Rath, Jessica M; Villanti, Andrea C

2017-01-28

As of 2015, more than half of U.S. states have legalized, medicalized, or decriminalized marijuana. This study examined the prevalence and correlates of support for marijuana legalization in a national sample of young adults and the intention to use marijuana more frequently if it were legalized. Data were from Wave 7 (weighted N = 3532) of the Truth Initiative Young Adult Cohort, a national sample of men and women aged 18-34. We assessed demographics, past 30-day substance (alcohol, tobacco, marijuana, other drug use), depression and anxiety, social smoking, marijuana harm perceptions (relative to cigarettes), and state-level marijuana policies as correlates of support for marijuana legalization and intentions to use marijuana more often if it were legalized. Multivariable models of correlates of support for legalization and intentions to use marijuana were conducted separately for the full sample and for nonmarijuana users. Weighted estimates showed that 39% of the full sample and 9% of nonmarijuana users supported marijuana legalization. Multivariable models showed that lower marijuana harm perceptions and lifetime and past 30-day tobacco use were common predictors of support for marijuana legalization and intentions to use marijuana among non-users of marijuana. Conclusions/Importance: Over a third of the sample supported marijuana legalization. Tobacco use and perceptions that marijuana is less harmful than cigarettes were robust risk correlates of support for marijuana legalization and intentions to use more frequently among nonusers. Public health campaigns should target these factors to deter marijuana-related harm in susceptible young adults.

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....

Argument from Design in Richard Baxter's Natural Theology

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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.

Greenberger-Horne-Zeilinger argument of nonlocality without inequalities for mixed states

International Nuclear Information System (INIS)

Ghirardi, Gian Carlo; Marinatto, Luca

2006-01-01

We generalize the Greenberger-Horne-Zeilinger nonlocality without inequalities argument to cover the case of arbitrary mixed statistical operators associated to three-qubits quantum systems. More precisely, we determine the radius of a ball (in the trace distance topology) surrounding the pure GHZ state and containing arbitrary mixed statistical operators which cannot be described by any local and realistic hidden variable model and which are, as a consequence, noncompletely separable. As a practical application, we focus on certain one-parameter classes of mixed states which are commonly considered in the experimental realization of the original GHZ argument and which result from imperfect preparations of the pure GHZ state. In these cases we determine for which values of the parameter measuring the noise a nonlocality argument can still be exhibited, despite the mixedness of the considered states. Moreover, the effect of the imperfect nature of measurement processes is discussed

Socioscientific Argumentation of Pre-Service Teachers about Genetically Modified Organisms

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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

Locative-Related Roles and the Argument-Adjunct Distinction in Balinese

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I Wayan Arka

2014-01-01

Full Text Available This paper uses the realisation of locative-related roles in Balinese to show that there is no clear-cut distinction between arguments and adjuncts, supporting the gradient nature of grammatical functions (cf. Croft 2001; Langacker 1987; Aarts 2007. It argues that argumenthood is not wholly a property of a lexical head predicate and that a purely lexically based projectionist approach to syntactic argument structures cannot be maintained. It also explores the effect that the interplay between relevant properties of locatives has on their recruitability as arguments, and a novel argument-index analysis is proposed as a means to distinguish adjuncts from arguments. The analysis makes use of both general and language-specific morphosyntactic and morphosemantic tests. Investigation of locative-related roles reveals that certain properties determine their status in the argument-adjunct continuum: thematic, individuated and animate locatives are more argument-like than non-thematic, inanimate and general deictic locatives (in line with Kittila 2007, 2008; Peterson 2007. Interplay between these properties is shown to affect argument recruitment in Balinese, based on the value of the argument index for a given locative-related role. More generally, there also is evidence that languages vary in whether they allow true adjuncts to be recruited as arguments at all.

Model Integrating Fuzzy Argument with Neural Network Enhancing the Performance of Active Queue Management

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Nguyen Kim Quoc

2015-08-01

Full Text Available The bottleneck control by active queue management mechanisms at network nodes is essential. In recent years, some researchers have used fuzzy argument to improve the active queue management mechanisms to enhance the network performance. However, the projects using the fuzzy controller depend heavily on professionals and their parameters cannot be updated according to changes in the network, so the effectiveness of this mechanism is not high. Therefore, we propose a model combining the fuzzy controller with neural network (FNN to overcome the limitations above. Results of the training of the neural networks will find the optimal parameters for the adaptive fuzzy controller well to changes of the network. This improves the operational efficiency of the active queue management mechanisms at network nodes.

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.

The Right to Die in Chronic Disorders of Consciousness: Can We Avoid the Slippery Slope Argument?

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Calabrò, Rocco Salvatore; Naro, Antonino; De Luca, Rosaria; Russo, Margherita; Caccamo, Lory; Manuli, Alfredo; Bramanti, Alessia; Bramanti, Placido

2016-01-01

Managing individuals with chronic disorders of consciousness raises ethical questions about the appropriateness of maintaining life-sustaining treatments and end-of-life decisions for those who are unable to make decisions for themselves. For many years, the positions fostering the "sanctity" of human life (i.e., life is inviolable in any case) have led to maintaining life-sustaining treatments (including artificial nutrition and hydration) in patients with disorders of consciousness, allowing them to live for as long as possible. Seldom have positions that foster "dignity" of human life (i.e., everyone has the right to a worthy death) allowed for the interruption of life-sustaining treatments in some patients with disorders of consciousness. Indeed, most ethical analyses conclude that the decision to interrupt life-sustaining therapies, including artificial nutrition and hydration, should be guided by reliable information about how the patient wants or wanted to be treated and/or whether the patient wants or wanted to live in such a condition. This would be in keeping with the principles of patient-centered medicine, and would conciliate the duty of respecting both the dignity and sanctity of life and the right to a worthy death. This "right to die" has been recognized in some countries, which have legalized euthanasia and/or physician-assisted suicide, but some groups fear that legalizing end-of-life decisions for some patients may result in the inappropriate use of euthanasia, both voluntary and nonvoluntary forms (slippery slope argument) in other patients. This review describes the current opinions and ethical issues concerning end-of-life decisions in patients with disorders of consciousness, with a focus on the impact misdiagnoses of disorders of consciousness may have on end-of-life decisions, the concept of "dignity" and "sanctity" of human life in view of end-of-life decisions, and the risk of the slippery slope argument when dealing with euthanasia and

Prior knowledge in recalling arguments in bioethical dilemmas

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Hiemke Katharina Schmidt

2015-09-01

Full Text Available Prior knowledge is known to facilitate learning new information. Normally in studies confirming this outcome the relationship between prior knowledge and the topic to be learned is obvious: the information to be acquired is part of the domain or topic to which the prior knowledge belongs. This raises the question as to whether prior knowledge of various domains facilitates recalling information. In this study 79 eleventh-grade students completed a questionnaire on their prior knowledge of seven different domains related to the bioethical dilemma of prenatal diagnostics. The students read a text containing arguments for and arguments against prenatal diagnostics. After one week and again 12 weeks later they were asked to write down all the arguments they remembered. Prior knowledge helped them recall the arguments one week (r = .350 and 12 weeks (r = .316 later. Prior knowledge of three of the seven domains significantly helped them recall the arguments one week later (correlations between r = .194 to r = .394. Partial correlations with interest as a control item revealed that interest did not explain the relationship between prior knowledge and recall. Prior knowledge of different domains jointly supports the recall of arguments related to bioethical topics.

Concepts and Contexts – Argumentative Forms of Framing

DEFF Research Database (Denmark)

Gabrielsen, Jonas; Nørholm Just, Sine; Bengtsson, Mette

2011-01-01

this argument we combine theories of framing with the classical rhetorical theory of the stases, more precisely status definitio and status translatio. Our focus is primarily theoretical, but we illustrate our points by means of examples taken from public debates on the value of real estate.......The notion of framing has become central in the field of argumentation. The question is, however, what we gain from studying the process of argumentation through framing, since framing is itself a broad concept in need of specification. Different traditions understand the term differently......, and it is necessary to determine what argumentative forms the concept of framing actually covers. In this paper we argue that framing refers to at least two different argumentative forms. One is an internal definition of the concepts in question; the other is an external shift in the context of the case. In making...

Ensuring fair levels of executive directors’ remuneration: Regulation and use of principles against the use of detailed legal rules in determining the most effective approach for setting executive pay levels. A discussion

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Ewgeni Hersonski

2012-10-01

Full Text Available The purpose of this paper is to present arguments concerning the fair levels of executive directors’ remuneration. It is argued that principles are a better way to achieve this goal. However, we also find arguments in support of detailed legal rules when dealing with this matter. Since both methods have their pros and cons the paper delivers a balanced discussion and also outlines how the executive pay is currently regulated in the UK, the United States as well as on the global scale.

What is legal medicine--are legal and forensic medicine the same?

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Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

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...

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

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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.

Teisinio argumentavimo korektiškumo prielaidos

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...

Enunciation and argumentation: proposals for the analysis of personal forms as argumentative resources in orality

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Federico Testoni

2017-02-01

Full Text Available As part of an investigation about strategies and resources for the construction of social representations (Raiter, 2016 on orality, we propose to articulate an analysis of linguistic forms with the argumentative dimension of utterances. The aim of this paper is to review the methodology proposed by Lavandera (1984 for the analysis of the tension between the personal and the impersonal, interpreting the use of this dimension as an argumentative resource (Ducrot, 1984. From our interdiscursive perspective, we seek to show how the characterization of the enunciative roles can facilitate analysis of the positions of enunciation from which the meaning of statements is oriented (Guimarães, 1998. To this end, we will analyse three fragments of an interview by applying the study of the distribution of pronominal forms (Lavandera, 1984 and the argumentative chains (Ducrot, 1984. We believe that analysis as described from the perspective of discourse analysis will mean a contribution for future work on strategies for building social representations.

Enhancing Argumentative Writing Skill through Contextual Teaching and Learning

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Hasani, Aceng

2016-01-01

This study aims to describe the influence of contextual learning model and critical thinking ability toward argumentative writing skill on university students. The population of the research was 147 university students, and 52 university students were used as sample with multi stage sampling. The results of the research indicate that; group of…

THE RATIONALE OF LAW. THE ROLE AND IMPORTANCE OF THE LOGICAL METHOD OF INTERPRETATION OF LEGAL NORMS

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Mihai BĂDESCU

2017-05-01

Full Text Available The interpretation of law was and remains an indispensable postulation, inherent and the most significant in the application of the law. Through interpretation the aim is to clarify the obscure text, to rectify the imperfection of the text of the legal norm, to remedy its shortcomings, and in consequence, to specify the exact meaning of the legal norm. Interpretation concerns itself with emphasizing the authentic meaning of the normative texts, finding the spirit of the lawmaker-author, the authentic legal sense of the actions that occurred, of the conduct of the perpetrator, and the significant legal connection of these meanings. The necessity of interpreting legal norms is justified by several considerations, out of which the most important remains the one regarding the act that the lawmaker cannot and need not provide everything in the normative text. The unity between the spirit and the letter of the law, the continuity of interpretation, the useful effect of the legal norm are just a few of the principles that need to be taken into account in interpretation. Be it official (obligatory, or unofficial (doctrinary, interpretation remains an extremely important stage in the application of the law: the literature of specialty consecrates five important methods of interpretation (grammatical, historical, systematical, teleological, and logical. The latter method allows for the formulation by the interpreter of certain rational assessments, done through operations of generalization, of logical analysis of the text, of analogy, through applying formal logic. The present study will mainly deal with this method, analyzing the main logical arguments used in interpretation.

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

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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.

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

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…

Scaring the Public: Fear Appeal Arguments in Public Health Reasoning

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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.

Teaching Critical Questions about Argumentation through the Revising Process: Effects of Strategy Instruction on College Students' Argumentative Essays

Science.gov (United States)

Song, Yi; Ferretti, Ralph P.

2013-01-01

The effects of self-regulated strategy development revising instruction for college students that targeted the use of argumentation schemes and critical questions were assessed in three conditions. In the first condition, students were taught to revise their essays by asking and answering critical questions about the "argument from consequences"…

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...

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,

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.

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...

Computer-Supported Argumentative Writer : An authoring tool with built-in scaffolding and self-regulation for novice writers of argumentative texts

OpenAIRE

Benetos, Kalliopi

2006-01-01

Argumentative writing is a valued genre in a range of disciplines and curricula because it requires that writers develop relationships between ideas and build a deep and multifaceted understanding of the topic. Due to the multifaceted demands, and inherent structure and conventions of argumentative writing, it is also among the most difficult to master. The aim of this masters thesis is to create a prototype of an authoring tool that can help novices (13-19 years old) of argumentative essay w...

Legal and Economic Aspects of the Macedonian Model of Franchising

OpenAIRE

Sotiroski, Ljupco; Filiposki, Oliver

2016-01-01

Franchising is done by global regulatory framework and has an impact to the national legal sources. This article aims to emphasize the importance and functionality of the legal and economic aspects of the Macedonian franchising module and practice. In respect of Macedonian case, the franchising mechanism is getting direct consequences of the national trade in the small and still developing Macedonian economy. The envisaged paper explores various options for national regulation in light of exi...

Nursing and euthanasia: a review of argument-based ethics literature.

Science.gov (United States)

Quaghebeur, Toon; Dierckx de Casterlé, Bernadette; Gastmans, Chris

2009-07-01

This article gives an overview of the nursing ethics arguments on euthanasia in general, and on nurses' involvement in euthanasia in particular, through an argument-based literature review. An in-depth study of these arguments in this literature will enable nurses to engage in the euthanasia debate. We critically appraised 41 publications published between January 1987 and June 2007. Nursing ethics arguments on (nurses' involvement in) euthanasia are guided primarily by the principles of respect for autonomy, nonmaleficence, beneficence and justice. Ethical arguments related to the nursing profession are described. From a care perspective, we discuss arguments that evaluate to what degree euthanasia can be considered positively or negatively as a form of good nursing care. Most arguments in the principle-, profession- and care-orientated approaches to nursing ethics are used both pro and contra euthanasia in general, and nurses' involvement in euthanasia in particular.

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...

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

Collective Acceptance and the Is-Ought Argument

NARCIS (Netherlands)

Hindriks, Frank

According to John Searle's well-known Is-Ought Argument, it is possible to derive an ought-statement from is-statements only. This argument concerns obligations involved in institutions such as promising, and it relies on the idea that institutions can be conceptualized in terms of constitutive

Structural and Functional Model of Future Craftsmen Legal Competence Generation during Professional Education

Science.gov (United States)

Romantsev, Gennadij M.; Efanov, Andrei V.; Bychkova, Ekaterina Yu.; Moiseev, Andrei V.

2016-01-01

Formation of the law-governed state institutions in Russia, development of civil society, need for neutralizing the legal nihilism and generation of public legal culture, state demand for legally competent specialists, representing the public and social value, justify the relevancy of the investigated issue, on the one hand. On the other hand, it…

Legal weight truck cask model impact limiter response

International Nuclear Information System (INIS)

Meinert, N.M.; Shappert, L.B.

1989-01-01

Dynamic and quasi-static quarter-scale model testing was performed to supplement the analytical case presented in the Nuclear Assurance Corporation Legal Weight Truck (NAC LWT) cask transport licensing application. Four successive drop tests from 9.0 meters (30 feet) onto an unyielding surface and one 1.0-meter (40-inch) drop onto a scale mild steel pin 3.8 centimeters (1.5 inches) in diameter, corroborated the impact limiter design and structural analyses presented in the licensing application. Quantitative measurements, made during drop testing, support the impact limiter analyses. High-speed photography of the tests confirm that only a small amount of energy is elastically stored in the aluminum honeycomb and that oblique drop slapdown is not significant. The qualitative conclusion is that the limiter protected LWT cask will not sustain permanent structural damage and containment will be maintained, subsequent to a hypothetical accident, as shown by structural analyses

La modalité au service de l’argumentation

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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.

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

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

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,

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

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…

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…

[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.

[Child sexual abuse: clinical perspectives and ethico-legal dilemmas].

Science.gov (United States)

Franco, Alvaro; Ramírez, Luis

2016-01-01

In the review of the current literature, the main causing factors of the related conditions with child sexual abuse are the ethical dilemmas and legal implications. A review was conducted on the classic literature on this topic. In this articlesome difficult paradigmatic cases are presented in which the hypothetical dilemmas were solved. The main characteristics of child sexual abuse enable us to have a better argument to address these situations. Taking into account the literature reviewed and predictable courses of action, it is concluded that it is important to take into account each individual each case and its circumstances, and that prudence and clinical objectivity, as well as knowledge of the law, become essential requirements for proper action. Copyright © 2015 Asociación Colombiana de Psiquiatría. Publicado por Elsevier España. All rights reserved.

Argumentation as rational persuasion in doctor-patient communication

OpenAIRE

Rubinelli Sara

2013-01-01

This paper discusses the value of argumentation as an instrument for rational persuasion in doctor patient (and general health professional patient) communication. Argumentation can be used to influence those beliefs that form the basis of an individual's attitudes and decision making process. In the medical context argumentation can be used to legitimize the points of view of the doctor and the patient; to correct add to or modify a patient's set of beliefs; and to enhance the patient's cent...

Honour and /or /as Passion: Historical trajectories of legal defenses

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Ute Frevert

2014-01-01

Full Text Available This article provides a historical perspective in a European context on the phenomenon that has become known as honour killings. A cause of outrage and disdain in today’s (Western societies, the notion of restoring honour through a violent act is, in fact, deeply rooted in European legal and cultural history. By examining French, Anglo-Saxon, German and Italian examples, it is revealed that to varying degrees emotions, and, in some cases honour in particular, were accommodated in legislation as granting the perpetrator extenuating circumstances. Adultery in particular was thought to compromise the honour of husbands, thus entrenching an inherently gendered conception of honour. However, leniency of the law was mostly dependent on ›heat of the moment‹ arguments, attempts to avenge the violation of one’s honour, rather than premeditated, cold-blooded revenge killings restoring the collective honour of the family. By discriminating between notions of individual and collective (family honour, examples from European history exhibit a qualitative difference compared to modern day honour killings. The full extent of hypocrisy in judging modern day (Muslim honour killings, however, becomes apparent when considering that gendered concepts of emotions and honour only disappeared from European legal thought after the 1970s, partly following feminist criticism.

Author: MA du Plessis CLINICAL LEGAL EDUCATION MODELS ...

African Journals Online (AJOL)

21892687

http://www.nuigalway.ie/business-public-policy-law/school-of-law/students/cle/. .... ...clinical legal education of final year LLB students, with the focus on analytical ..... Spot tests and minute papers can be applied successfully during student ...

Pupils' evaluation and generation of evidence and explanation in argumentation.

Science.gov (United States)

Glassner, Amnon; Weinstock, Michael; Neuman, Yair

2005-03-01

Studies on argument have found that participants tend to prefer explanations to evidence. This apparent bias toward explanation has been qualified recently by research that has found it to diminish with the availability of evidence. This study examines the use of explanation versus evidence in the context of argumentation with reference to the goals of particular argument situations. Seventy-nine eighth-grade pupils at a regular, urban middle school. The pupils read argumentation scenarios, each having the stated goal of either explaining or proving a claim. The pupils rated the degree to which each of two provided assertions (one a theoretical explanation, and the other evidence-based) helped achieve the goal of the argument. On a second task, the pupils chose which of the two assertions should be more effective in achieving the argument goal. On the third task, the pupils generated either an explanation or evidence for each of the argumentation scenarios. Pupils demonstrated sensitivity to the relative epistemic strength of explanation and evidence. They rated explanations as more advantageous in achieving the explanation goal, and evidence as more advantageous in achieving the proof goal. Conversely, however, when asked to generate or recall an explanation or evidence, pupils produced more explanations than evidence independent of the argumentation goal. The study refines the definition of argumentation context to include specific goals. Pupils were sensitive to the context of the argumentation situation (e.g.goals, availability of evidence). However, they appeared to have a disposition toward explanation when asked to produce an explanation or evidence-based justification.

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)

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…

Weaponisation of Space - Some Legal Considerations

Science.gov (United States)

Jolly, C.

2002-01-01

, negation of adversarial use of space and a fully-capable National Missile Defense (NMD). [American] ICBMs will continue to provide a credible strategic deterrence, while advanced, conventional weapons operating in or through space will provide our National Command Authorities (NCA) with formidable and flexible options for prompt, global, conventional strike." As we will see in this paper, the current international legal framework restricting the stationing and use of weapons in space is composed mainly of three treaties. They are: the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems (1972), called commonly the `ABM treaty', the `Outer Space Treaty' (1967) and the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (1963). We will also see that - contrary to public opinion - those current legal instruments, even coupled with other international legal texts, do not prohibit the `weaponisation' of space. For instance, The Article Four of the Outer Space Treaty is often cited as the main legal argument against militarisation of space. This article does indeed prohibit the installation or stationing of "any objects carrying nuclear weapons or any other kinds of weapons of mass destruction", "in orbit around the Earth", "on celestial bodies", "in outer space" and "in any other manner". But, aside from the weapons identified (nuclear weapons and weapons of mass destruction), nothing prohibits a government signatory to the Outer Space Treaty, to actually station other types of weapons in space, such as laser-based systems. In this paper, the current situation of potential `weaponisation' of space, the international impacts of such a policy and the gaps of the international legal framework concerning the militarisation of space, will prompt some comments and practical recommendations.

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…

Learning about Plate Tectonics through Argument-Writing

Science.gov (United States)

Klein, Perry D.; Samuels, Boba

2010-01-01

In a quasi-experimental study (N = 60), grade 7/8 teachers students were taught to write arguments in content-area subjects. After instruction, students drew on document portfolios to write on a new topic: "Do the continents drift?" In a MANCOVA, students who participated in argument instruction scored significantly higher than a control…

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.

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...

Adopting New International Health Instruments - What Can We Learn From the FCTC? Comment on "The Legal Strength of International Health Instruments - What It Brings to Global Health Governance?"

Science.gov (United States)

Hesselman, Marlies; Toebes, Brigit

2017-07-15

This Commentary forms a response to Nikogosian's and Kickbusch's forward-looking perspective about the legal strength of international health instruments. Building on their arguments, in this commentary we consider what we can learn from the Framework Convention on Tobacco Control (FCTC) for the adoption of new legal international health instruments. © 2018 The Author(s); Published by Kerman University of Medical Sciences. This is an open-access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

The pedagogy of argumentation in science education: science teachers' instructional practices

Science.gov (United States)

Özdem Yilmaz, Yasemin; Cakiroglu, Jale; Ertepinar, Hamide; Erduran, Sibel

2017-07-01

Argumentation has been a prominent concern in science education research and a common goal in science curriculum in many countries over the past decade. With reference to this goal, policy documents burden responsibilities on science teachers, such as involving students in dialogues and being guides in students' spoken or written argumentation. Consequently, teachers' pedagogical practices regarding argumentation gain importance due to their impact on how they incorporate this practice into their classrooms. In this study, therefore, we investigated the instructional strategies adopted by science teachers for their argumentation-based science teaching. Participants were one elementary science teacher, two chemistry teachers, and four graduate students, who have a background in science education. The study took place during a graduate course, which was aimed at developing science teachers' theory and pedagogy of argumentation. Data sources included the participants' video-recorded classroom practices, audio-recorded reflections, post-interviews, and participants' written materials. The findings revealed three typologies of instructional strategies towards argumentation. They are named as Basic Instructional Strategies for Argumentation, Meta-level Instructional ‌St‌‌rategies for ‌Argumentation, and Meta-strategic Instructional ‌St‌‌rategies for ‌Argumentation. In conclusion, the study provided a detailed coding framework for the exploration of science teachers' instructional practices while they are implementing argumentation-based lessons.

Epistemic Purposes to Prompt Argumentation in inquiry-based classes

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Arthur Tadeu Ferraz

2017-04-01

Full Text Available Considering the growth in interest on argumentation in research on science education, in this paper our goal is to propose an overview of actions taken by a teacher that made possible to establish and mediate production of arguments by the students in classroom. For this purpose, we analyze a physics lesson where discussions were about light duality, through a planned inquiry-based sequence teaching. We developed a set of codes called Epistemic Purposes for Promotion of Argumentation that allow understanding teacher's purposes as well his actions to promote argumentation among students during inquiry-based lessons. According to theoretical proposition and empirical analysis, it was revealed that the construction of arguments by students has a high dependence on how ideas are problematized by teacher. The construction of understanding  by students requires teacher actions that result in contributions of different kinds.

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…

AUTHORIAL VOICE IN ISLAMIC COLLEGE ENGLISH DEPARTMENT STUDENTS’ ARGUMENTATIVE WRITING

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Nur Afifi

2014-11-01

Full Text Available While considered elusive and abstract, authorial voice is paramount in English writing. Unfortunately, many of Indonesian EFL learners found it is highly challeging to show their voice in their writing. The importance of voice is even exaggerated in argumentative writing, since this kind of writing needs obvious stance of the writer. This study investigates the authorial voice students made in their argumentative writing. The purpose of this study is to gain the picture of students‟ writing ability especially in authorial voice to map the road in guiding the next writing classes. The object of the study is the argumentative writing made by English department students at one Indonesian State College of Islamic Studies in their writing III course. Using Hyland‟s interactional model of voice (2008 the data analysis results the authorial presence in the essays is in position 2 at 0 – 4 scale which means the reader feels somehow weak presence of the authorial voice in the essay. This result confirms the findings of some previous studies that EFL learners especially from „interdependent‟ cultural background tend to find this authorial voice difficult in writing English essay.

Interpretation of the “Refugee” Term in the International Legal Acts and Laws of the CIS Countries

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Gennadij A. Borisov

2017-06-01

Full Text Available The article describes peculiarities of the "refugee" term interpretation in the international legal acts and laws of the CIS countries. In particular, much attention is paid to its usage in the UN Convention of 1951 “About the status of refugees” and Protocol to it of 1967, and also in the Laws of the Russian Federation (Federal Law of 19.02 1993 No 4528-I “About refugees”, Armenia (The Law of the Armenia Republic of 16.01.2007 No ЗР-47 “About refugees and asylum”, Belarus (The Law of the Belarus Republic of 23.06 2008 No 354-З “About granting to citizens and people with no citizenship a refugee status, additional or temporal protection in the Belarus Republic” and Ukraine (The Law of Ukraine of 08.07.2011 No 3671-VI “About refugees and people who need additional or temporal protection”. Specific features of the interpretation of the concept of "refugee" in the legal system of these states are defined. The article gives arguments as for a single approach to the “refugee” term interpretation that must be legally confirmed within every country by a traditional international definition.

Problem-Based Learning and Argumentation: Testing a Scaffolding Framework to Support Middle School Students' Creation of Evidence-Based Arguments

Science.gov (United States)

Belland, Brian R.; Glazewski, Krista D.; Richardson, Jennifer C.

2011-01-01

Students engaged in problem-based learning (PBL) units solve ill-structured problems in small groups, and then present arguments in support of their solution. However, middle school students often struggle developing evidence-based arguments (Krajcik et al., "J Learn Sci" 7:313-350, 1998). Using a mixed method design, the researchers examined the…

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...

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/.

Un lieu pour les figures dans la théorie de l’argumentation A Place for Rhetorical Figures in Argumentation Theory

Directory of Open Access Journals (Sweden)

Christian Plantin

2009-04-01

Full Text Available A partir du traitement des figures dans le Traité de l’Argumentation (TA de Perelman et Olbrechts-Tyteca, cet article porte sur la question de la place des figures dans la théorie de l’argumentation. La première partie revient brièvement sur différentes formes de rhétorique, dont une rhétorique de l’ornement ayant pour instrument principal les figures. Une théorie moderne de l’argumentation orientée vers la recherche des fallacies établit une coupure radicale entre argumentation, instrument de recherche de la vérité et rhétorique ornée, que Locke caractérise comme « a powerful instrument of error and deceit ». Cette conception suppose l’usage d’un langage qu’on peut rapidement caractériser comme « artificiel », qui n’est pas celui de l’argumentation ordinaire. Avant d’être des « decorations » les figures sont des « instruments » de structuration de la parole ; et les topoi, instruments de l’argumentation, n’obéissent pas à d’autres mécanismes que les tropes, qui semblent toujours parler à côté et manquer leur objet. La seconde partie s’intéresse à une partie quelque peu délaissée du TA, l’usage qu’il fait des figures et la vision théorique, à la fois cavalière et décisive, qu’il en propose. Le TA ouvre la voie à une conception des figures non pas comme « vain ornement » mais comme une première sémantique du discours argumentatif ; c’est ce qu’on peut montrer sur le cas des « figures du choix, de la présence et de la communion ». En conséquence, la pensée des figures peut et doit être intégrée à une théorie de l’argumentation qui prend en compte le langage dans la parole, avec ses stratégies de construction des objets, du locuteur, de l’interlocuteur et de leurs émotions.This paper deals with the treatment of figures of speech in Perelman’s and Olbrechts-Tyteca’s Treatise on Argumentation (TA, and, more broadly, with the place of

Empathic media and advertising: Industry, policy, legal and citizen perspectives (the case for intimacy

Directory of Open Access Journals (Sweden)

Andrew McStay

2016-11-01

Full Text Available Drawing on interviews with people from the advertising and technology industry, legal experts and policy makers, this paper assesses the rise of emotion detection in digital out-of-home advertising, a practice that often involves facial coding of emotional expressions in public spaces. Having briefly outlined how bodies contribute to targeting processes and the optimisation of the ads themselves, it progresses to detail industrial perspectives, intentions and attitudes to data ethics. Although the paper explores possibilities of this sector, it pays careful attention to existing practices that claim not to use personal data. Centrally, it argues that scholars and regulators need to pay attention to the principle of intimacy. This is developed to counter weaknesses in privacy that is typically based on identification. Having defined technologies, use cases, industrial perspectives, legal views and arguments about jurisprudence, the paper discusses this ensemble of perspectives in light of a nationwide survey about how UK citizens feel about the potential for emotion detection in out-of-home advertising.

Modeling crime scenarios in a Bayesian Network

NARCIS (Netherlands)

Vlek, Charlotte; Prakken, Henry; Renooij, Silja; Verheij, Bart

2013-01-01

Legal cases involve reasoning with evidence and with the development of a software support tool in mind, a formal foundation for evidential reasoning is required. Three approaches to evidential reasoning have been prominent in the literature: argumentation, narrative and probabilistic reasoning. In

Lexical categories and argument structure : a study with reference to Sakha

NARCIS (Netherlands)

Vinokurova, N.

2005-01-01

This dissertation presents a model of lexical category determination based on properties of argument structure. To start with, there are two types of lexicons – functional and conceptual. Members of the conceptual lexicon are category-less roots which encode concepts. For each concept its thematic

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...

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

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

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Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

Explanation can cause Forgetting: Memory Dynamics in the Generation of New Arguments.

Science.gov (United States)

Soares, Julia S; Storm, Benjamin C

2017-10-01

Retrieval-induced forgetting is observed when the retrieval of target information causes the forgetting of nontarget information. The present study investigated whether similar dynamics occur in the context of generating arguments in the process of explanation. Participants studied arguments associated with several issues before attempting to think of new arguments pertaining to a subset of those issues. When given a later memory test, participants were less likely to recall the studied arguments if they had attempted to think of new arguments than if they had not. This argument-induced forgetting effect was observed regardless of whether participants attempted to generate arguments that either agreed or disagreed with the position of the arguments they studied. The effect was significantly reduced, however, and even numerically reversed, when participants generated arguments that were highly related to the studied arguments. This finding fits well with previous research on retrieval-induced forgetting, which has shown that the retrieval or generation of new information fails to cause the forgetting of old information when the two types of information are well integrated or semantically associated.

Definition of the Situation of Children Demobilized Illegal Armed Groups in the Legal Acts and Psychoeducational Effects

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Jaime Alberto Carmona Parra

2014-06-01

Full Text Available The article begins with a reflection on performative utterances, which are speech acts, to show that the right contributes to the creation of reality and subjectivity. Based on this argument examines five definitions of the situation of children demobilized from illegal armed groups in Colombia, named according to their effects psychoeducational: victimizing, pathologizing, criminalizing, idealizing and responsabilizing. Each definition is examined in terms of their philosophical affiliation, deterministic, nondeterministic or interactionist, its effects on the construction of the identity of minors and in his appeal to responsibility and legal insanity. At the end of the article shows the intervention proposals arising from each of the definitions and shows the role that restorative justice can play in building a model of care which confers responsibility to the children demobilized from illegal armed groups, and other victims of armed conflict, which guarantees the restitution of rights and also empowers them as key actors in redefining their social role and identity reconstruction.

Facing the Challenge of Improving the Legal Writing Skills of Educationally Disadvantaged Law Students in a South African Law School

Directory of Open Access Journals (Sweden)

Angela Diane Crocker

2018-01-01

Full Text Available Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of four years, in order to address this urgent need for legal writing instruction, the School of Law introduced two successive legal writing interventions. The first intervention was the Concise Writing Programme, followed by the Integrated Skills in Context Programme. The Concise Writing Programme focused on English writing skills and grammar in the hope that first-year law students would be able to transfer these generic writing skills to the more specific legal discourse within which they were learning to operate. The Law School reviewed the success of this initial programme and found that students who took part in the programme not only lacked the motivation to learn generic English writing skills, but that they also did not find it easy to transfer these skills to the more specific legal writing environment. The Law School then implemented a second legal writing intervention – The Integrated Skills in Context Programme. This programme acknowledged the fact that legal writing has a multi-faceted nature, encompassing legal analysis and application, as well as logical sequencing and argument, all of which could not be taught in a vacuum, particularly when most of the student base was largely unfamiliar with any form of legal discourse and many had English as a second language. This paper recognises that there is no silver bullet to improving the legal writing skills of these students. The reality is that it will take hard work as well as financial incentives to make a difference to these students' legal writing skills. Our students need intensive one-on-one attention by qualified academics, and this means that those doing the instruction must be recognised and adequately compensated.

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…

Arguments in Favor of Moving to a Sustainable Business Model in the Apiary Industry

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Panța Nancy Diana

2017-12-01

Full Text Available Today’s society faces major challenges in meeting future global food demands and solving biodiversity loss, and it quickly needs to find ways in addressing these issues. The places to look for solutions come from the economic sectors that employ the most powerful pressure on these issues such as agriculture. Apiculture, as a branch of agriculture is being more and more recognized as sustaining human life and contributing to sustainability. However, the sector records a progressive decline of honey bees. Therefore, a rapid restructuring needs to take place in agricultural markets, in general, as well as in apiary agribusinesses. Although important, technological progress is insufficient in providing the necessary changes to achieve long-term economic, social and environmental sustainability, which should be considered both within and between generations. Consequently, sustainable business models encourage sustainable development through a triple bottom line approach and provide an analytical tool for firms into assessing the different aspects that are combined in order to create value. Since literature has paid little attention to the sustainable development in the apiary agribusiness, the present paper aims to link the two using a business model perspective and bring arguments in favor of moving to a sustainable business model.

The Economic Effects of Providing Legal Status to DREAMers

OpenAIRE

Ortega, Francesc; Edwards, Ryan; Hsin, Amy

2018-01-01

This study quantifies the economic effects of two major immigration reforms aimed at legalizing undocumented individuals that entered the United States as children and completed high school: Deferred Action for Childhood Arrivals (DACA) and the DREAM Act. The former offers only temporary legal status to eligible individuals; the latter provides a track to legal permanent residence. Our analysis is based on a general-equilibrium model that allows for shifts in participation between work, colle...

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

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

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Lauro Gomes

2016-12-01

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

The features of argumentation skills formation problem in Higher Educational Establishment students

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Tamozhska I. V.

2010-01-01

Full Text Available Deals with argumentation skill formation in future specialist's professional preparation: kinds and ways of argumentation, influence of communicative co-operation means on compromise zones defining and general decision making, strategy choice in communicators' behavior at argumentation phase in a dialogue, defining of effective factors of convincing argumentation influence in communicators. The work suggests the system of methodological research means for argumentation skill formation in Higher Educational Establishment students, which helps professional language problem solving in composition with theoretical questions argumentation basis.

The role of law as an instrument of communication within legal positivism

OpenAIRE

Claudiu Ramon D. Butculescu

2015-01-01

This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

Anti-corruption policy in the system of legal measures

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Tatyana Viktorovna Filonenko

2015-09-01

Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp

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

The features of argumentation skills formation problem in Higher Educational Establishment students

OpenAIRE

Tamozhska I. V.

2010-01-01

Deals with argumentation skill formation in future specialist's professional preparation: kinds and ways of argumentation, influence of communicative co-operation means on compromise zones defining and general decision making, strategy choice in communicators' behavior at argumentation phase in a dialogue, defining of effective factors of convincing argumentation influence in communicators. The work suggests the system of methodological research means for argumentation skill formation in High...

Legal analysis of contract models in a common Nordic electricity retail market

Energy Technology Data Exchange (ETDEWEB)

Bjoerneby, Henrik; Alvik, Ivar

2012-07-01

The main objective of this study is to consider the legal advantages and disadvantages with different contract models given NordREG's choice of a supplier centric model with mandatory combined billing in a future Nordic end-user market for electricity.At the outset, there are today three relevant categories of agreements in place between customers, suppliers and DSOs in the Nordic electricity retail markets: the electricity supply agreements between customers and suppliers, the grid use agreements between customers and DSOs, and the grid connection agreements usually entered into between customers and DSOs. We have assumed that issues governed by the grid connection agreements will still be entered into by DSOs under a supplier centric model. Two general contract models have on this basis been considered as possible approaches to regulation of electricity supply and grid use terms under a future supplier centric model. The subcontractor model is considered in more detail in chapter 7 of this report. Under this model, the customer enters into a contract with the supplier governing both electricity supply and grid use. The supplier then enters into a separate contract with the DSO for grid use, making the DSO a subcontractor for this service. The Danish wholesale model which will be implemented from 1 October 2014 represents one example of a subcontractor model.The main advantage of the subcontractor model is that it will entitle the customer to envisage the electricity supply, including grid services, as a single service delivered by the supplier. On the other hand, the sub-contractor model will extend the responsibilities of suppliers towards customers. We discuss the advantages and disadvantages of this model further in section 7.2. The power of attorney model is considered in more detail in chapter 8 of this report. Under this model, the customer and the DSO will still formally be contract parties to the grid use agreement, but the supplier will act with a

Hardy's argument and successive spin-s measurements

International Nuclear Information System (INIS)

Ahanj, Ali

2010-01-01

We consider a hidden-variable theoretic description of successive measurements of noncommuting spin observables on an input spin-s state. In this scenario, the hidden-variable theory leads to a Hardy-type argument that quantum predictions violate it. We show that the maximum probability of success of Hardy's argument in quantum theory is ((1/2)) 4s , which is more than in the spatial case.

Investigating the Effect of Argument-Driven Inquiry in Laboratory Instruction

Science.gov (United States)

Demircioglu, Tuba; Ucar, Sedat

2015-01-01

The aim of this study is to investigate the effect of argument-driven inquiry (ADI) based laboratory instruction on the academic achievement, argumentativeness, science process skills, and argumentation levels of pre-service science teachers in the General Physics Laboratory III class. The study was conducted with 79 pre-service science teachers.…

On Evidence and Argument in Phenomenological Research | Walsh ...

African Journals Online (AJOL)

Set against a background of calls for evidence-based practice, this paper explores the role of evidence and argument in phenomenological research. Drawing on Smith's (1998) analysis of original argument, the author considers how evidence can be discerned, understood, and communicated, and the resulting kinds and ...

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

Improving Argumentative Writing: Effects of a Blended Learning Approach and Gamification

Science.gov (United States)

Lam, Yau Wai; Hew, Khe Foon; Chiu, Kin Fung

2018-01-01

This study investigated the effectiveness of a blended learning approach--involving the thesis, analysis, and synthesis key (TASK) procedural strategy; online Edmodo discussions; online message labels; and writing models--on student argumentative writing in a Hong Kong secondary school. It also examined whether the application of digital game…

Promoting Argumentation in Middle School Science Classrooms: A Project SEPIA Evaluation.

Science.gov (United States)

Duschl, Richard A.; Ellenbogen, Kirsten; Erduran, Sibel

Effective argumentation is the distinguishing feature of a classroom that employs discovery teaching and student inquiry methodologies. In the long term, the objective of the program is to understand how to design learning environments and curriculum, instruction, and assessment models that promote student self-reflection. The study evaluates the…

Cross-Linguistic Evidence and the Licensing of Implicit Arguments

Directory of Open Access Journals (Sweden)

Eva Kardos

2009-01-01

Full Text Available This paper discusses the occurrence and the licensing of implicit object arguments, also referred to in the literature as null complements or understood arguments. Functionalist accounts (such as those by Groefsema and Németh T. which are couched in a relevance-theoretic framework have repeatedly claimed that this phenomenon is fundamentally dependent on dis-course-interpretational factors. In particular, it has been stated that implicit arguments can be used in Hungarian in a rather unrestricted way, and their occurrence is only limited by considerations of interpretability. We argue against both of these positions and try to show that cross-linguistic data can assist in revealing the circular nature and ultimate inadequacy of existing functional accounts of implicit argument licensing.

Ethics and the Legalization of Physician-Assisted Suicide: An American College of Physicians Position Paper.

Science.gov (United States)

Snyder Sulmasy, Lois; Mueller, Paul S

2017-10-17

Calls to legalize physician-assisted suicide have increased and public interest in the subject has grown in recent years despite ethical prohibitions. Many people have concerns about how they will die and the emphasis by medicine and society on intervention and cure has sometimes come at the expense of good end-of-life care. Some have advocated strongly, on the basis of autonomy, that physician-assisted suicide should be a legal option at the end of life. As a proponent of patient-centered care, the American College of Physicians (ACP) is attentive to all voices, including those who speak of the desire to control when and how life will end. However, the ACP believes that the ethical arguments against legalizing physician-assisted suicide remain the most compelling. On the basis of substantive ethics, clinical practice, policy, and other concerns articulated in this position paper, the ACP does not support legalization of physician-assisted suicide. It is problematic given the nature of the patient-physician relationship, affects trust in the relationship and in the profession, and fundamentally alters the medical profession's role in society. Furthermore, the principles at stake in this debate also underlie medicine's responsibilities regarding other issues and the physician's duties to provide care based on clinical judgment, evidence, and ethics. Society's focus at the end of life should be on efforts to address suffering and the needs of patients and families, including improving access to effective hospice and palliative care. The ACP remains committed to improving care for patients throughout and at the end of life.

The incident of repetitive demands resolution in consumer affairs: empirical analysis of legal feasibility

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Lucas do Monte Silva

2017-05-01

Full Text Available Faced with the scenario of massification of lawsuits, this article intends to analyze the main arguments and questionings of the demands related to moral damage and health plans, on Santa Catarina’s Court of Justice, in order to analyze the possible application of the incident of repetitive demands resolution of the new Civil Procedure Code. To do so, it will be done, first, an analysis of the current context of the Brazilian judiciary, presenting the context of repetitive demands and massification of contracts and introductory aspects of the incident of repetitive demands resolution. Then it will made be a judicial empirical analysis, quantitative and qualitative, through a case study of Santa Catarina Courts of Justice, conducting an empirical study of cross descriptive analysis of the demands related to the issue highlighted above, in order to demonstrate an 'argumentative radiography’ of the judgments of that Court. The results confirmed the possibility of applying IRDR in repetitive demands relating to subjects of this study, with due legal caution, taking into account the high number of “issues of fact” that involve lawsuits that have, among their claims, compensation for moral damages.

A computer simulation of the argument from disagreement

NARCIS (Netherlands)

Gustafsson, J.E.; Peterson, M.B.

2012-01-01

In this paper we shed new light on the Argument from Disagreement by putting it to test in a computer simulation. According to this argument widespread and persistent disagreement on ethical issues indicates that our moral opinions are not influenced by any moral facts, either because no such facts

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

Ethical and legal analyses of policy prohibiting tobacco smoking in enclosed public spaces.

Science.gov (United States)

Oriola, Taiwo A

2009-01-01

A spate of legislations prohibiting cigarette smoking in enclosed public spaces, mainly on grounds of public health protection, recently swept across cities around the world. This is in tandem with a raft of increasingly restrictive national laws that emerged on the back of the ratification of the WHO Framework for Tobacco Control by more than one 168 countries in 2005. The central debate on the increasingly restrictive tobacco laws revolves on the extent to which public health interests justification should ground political intervention in a private right as basic as tobacco smoking, which interestingly is often lumped in the food and beverage category. The pertinent legal and ethical questions therefore are the following: Is or should there be a general unrestricted right to tobacco smoking? If there were such a right, should public health or ethical considerations trump private right to smoke in enclosed public spaces? And if public health interests were so paramount, should they go farther and ground tobacco smoking proscription in all private and public spheres? Using ethical principles and rights-based arguments, the paper critically examines the legal and ethical ramifications of public health justification for tobacco smoking proscription in enclosed public spaces.

We have yet to see the "visual argument"

NARCIS (Netherlands)

Popa, O.E.

2016-01-01

In this paper, I defend two skeptical claims regarding current research on visual arguments and I explain how these claims reflect upon past and future research. The first claim is that qualifying an argument as being visual amounts to a category mistake; the second claim is that past analyses of

Introducing Argumentation About Climate Change Socioscientific Issues in a Disadvantaged School

Science.gov (United States)

Dawson, Vaille; Carson, Katherine

2018-03-01

Improving the ability of young people to construct arguments about controversial science topics is a desired outcome of science education. The purpose of this research was to evaluate the impact of an argumentation intervention on the socioscientific issue of climate change with Year 10 students in a disadvantaged Australian school. After participation in a professional development workshop on climate change science, socioscientific issues and argumentation, an early career teacher explicitly taught argumentation over four non-consecutive lessons as part of a 4 week (16 lesson) topic on Earth science. Thirty students completed a pre- and post-test questionnaire to determine their understanding of climate change science and their ability to construct an argument about a climate change socioscientific issue. Students' understanding of climate change improved significantly (p size. There was also a significant increase (p Qualitative data, comprising classroom observation field notes, lesson transcripts, work samples, and teacher and student interviews, were analysed for the extent to which the students' argumentation skills improved. At the end of the intervention, students became aware of the need to justify their decisions with scientific evidence. It is concluded that introducing argumentation about climate change socioscientific issues to students in a disadvantaged school can improve their argumentation skills.

Cross-categorization of legal concepts across boundaries of legal systems: in consideration of inferential links

DEFF Research Database (Denmark)

Glückstad, Fumiko Kano; Herlau, Tue; Schmidt, Mikkel Nørgaard

2014-01-01

This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp’s probabili......This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp...... and Griffiths in Behav Brain Sci 4:629–640, 2001), the probabilistic model of theory formation, i.e., the Infinite Relational Model (IRM) first introduced by Kemp et al. (The twenty-first national conference on artificial intelligence, 2006, Cognition 114:165–196, 2010) and its extended model, i.e., the normal...... to the International Standard Classification of Education. The main contribution of this work is the proposal of a conceptual framework of the cross-categorization approach that, inspired by Sartor (Artif Intell Law 17:217–251, 2009), attempts to explain reasoner’s inferential mechanisms....

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

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)

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....

Towards Real-Time Argumentation

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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.

“Behind Closed Doors” Disclosure of Domestic Violence against Women (DVAW by ER Nurses: Argumentative Essay

Directory of Open Access Journals (Sweden)

Abdulqadir J. Nashwan

2014-03-01

Full Text Available Some Emergency (ER Nurses may say that Violence Against Women (VAW by a family member should be reported immediately to the police office in order to protect the victim from the perpetrator as a mandatory decision. However, nurses forget the fact that this action will be sometimes against the victim’s autonomy. Opponents of this idea claim that shared decision should be taken hand by hand with the full disclosure to the victim considering the available referral opportunities to the authorized governmental and non- governmental organizations (NGOs.The purpose of this argumentative essay is to discuss two different points of views regarding to the mandatory disclosure of domestic violence against women based on different resources and evidences. On the other hand, Jordanian perspective toward domestic violence against women also was described within the legal and cultural context.

“Behind Closed Doors” Disclosure of Domestic Violence against Women (DVAW by ER Nurses: Argumentative Essay

Directory of Open Access Journals (Sweden)

Abdulqadir J. Nashwan

2014-01-01

Full Text Available Some Emergency (ER Nurses may say that Violence Against Women (VAW by a family member should be reported immediately to the police office in order to protect the victim from the perpetrator as a mandatory decision. However, nurses forget the fact that this action will be sometimes against the victim’s autonomy. Opponents of this idea claim that shared decision should be taken hand by hand with the full disclosure to the victim considering the available referral opportunities to the authorized governmental and non- governmental organizations (NGOs.The purpose of this argumentative essay is to discuss two different points of views regarding to the mandatory disclosure of domestic violence against women based on different resources and evidences. On the other hand, Jordanian perspective toward domestic violence against women also was described within the legal and cultural context.

Interrelation of the concepts «legal influence» and «administrative-legal influence»

OpenAIRE

Голуб, Віктор Олександрович

2014-01-01

The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

OpenAIRE

Caroline Lydia Hart

2012-01-01

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

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.

The law isn't everything: The impact of legal and non-legal sanctions on motorists' drink driving behaviors.

Science.gov (United States)

Freeman, James; Szogi, Elizabeth; Truelove, Verity; Vingilis, Evelyn

2016-12-01

The effectiveness of drink driving countermeasures (such as sanctions) to deter motorists from driving over the legal limit is extremely important when considering the impact the offending behavior has on the community. However, questions remain regarding the extent that both legal and non-legal factors influence drink driving behaviors. This is of particular concern given that both factors are widely used as either sanctioning outcomes or in media campaigns designed to deter drivers (e.g., highlighting the physical risk of crashing). This paper reports on an examination of 1,253 Queensland motorists' perceptions of legal and non-legal drink driving sanctions and the corresponding deterrent impact of such perceptions on self-reported offending behavior. Participants volunteered to complete either an online or paper version of the questionnaire. Encouragingly, quantitative analysis of the data revealed that participants' perceptions of both legal sanctions (e.g., certainty, severity and swiftness) as well as non-legal sanctions (e.g., fear of social, internal or physical harm) were relatively high, with perceptual certainty being the highest. Despite this, a key theme to emerge from the study was that approximately 25% of the sample admitted to drink driving at some point in time. Multivariate analyses revealed six significant predictors of drink driving, being: males, younger drivers, lower perceptions of the severity of sanctions, and less concern about the social, internal, and physical harms associated with the offense. However, a closer examination of the data revealed that the combined deterrence model was not very accurate at predicting drink driving behaviors (e.g., 21% of variance). A range of non-legal deterrent factors have the potential to reduce the prevalence of drink driving although further research is required to determine how much exposure is required to produce a strong effect. Copyright © 2016 Elsevier Ltd and National Safety Council. All rights

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…

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.

Legal Technology for Law Firms: Determining Roadmaps for Innovation

OpenAIRE

Kerikmäe, Tanel; Hoffmann, Thomas; Chochia, Archil

2018-01-01

The business model of many law firms, as legal professions on the whole, will be facing a considerable paradigm change since the work provided by law firms in the form of billable hours, in fact, largely consists of services which do not require superior legal education but involve mere data procession. It is only a question of time that the consequence – to have all outsourceable services be performed by means of legal technology – will become public knowledge in the branch, as the costs sav...

The case against libertarian arguments for compulsory vaccination.

Science.gov (United States)

Bernstein, Justin

2017-11-01

In a recent paper in this journal, Jason Brennan correctly notes that libertarians struggle to justify a policy of compulsory vaccination. The most straightforward argument that justifies compulsory vaccination is that such a policy promotes welfare. But libertarians cannot make this argument because they claim that the state is justified only in protecting negative rights, not in promoting welfare. I consider two representative libertarian attempts to justify compulsory vaccination, and I argue that such arguments are unsuccessful. They either fail to show that the state is justified in implementing the policy or overgeneralise. I suggest that Brennan's solution is especially well motivated insofar as it addresses the shortcomings of these arguments. Brennan argues that we violate the rights of others by participating in an activity that imposes an unacceptable collective risk of harm. Going unvaccinated is an activity that imposes an unacceptable collective risk of harm, and thus amounts to a rights violation. So, the state can implement a policy of compulsory vaccination I object, however, that Brennan's delineation of acceptable and unacceptable risk implicitly rests on classical liberal rather than libertarian principles; he justifies compulsory vaccination on the grounds that it promotes welfare. I also object that Brennan's argument would entail significant departures from libertarian institutional arrangements. This leaves libertarians with a choice: they can develop new arguments to demonstrate that their position is compatible with compulsory vaccination, or they can accept that their view entails the impermissibility of compulsory vaccination, and argue that this is not an unpalatable implication of their view. 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/.

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…

The legacy of legal culture and Serbia's European integration

Directory of Open Access Journals (Sweden)

Kovačević Slaviša

2014-01-01

the public interest is defined and normatively framed in line with these interests, there are diverse quasi-techniques which reflect the arbitrary application of law. The recent state-building legal history is characterized by a prominent legal discontinuity, which has two forms of expression: first, legal discontinuity is a result of frequent changes of different and often conflicting socio-political systems of government, which are necessarily accompanied by respective changes in the positive legislation; second, discontinuity may also be a result of frequent legislative changes within a specific type of legal system. Such practices give rise to contradictions and polarizations in the legal culture and legal socialization. The common feature of all legal systems (thus far is the problem of applying the law, or the applicability of the normative framework. The normative legal tradition is not accompanied by the consistent factual application of the envisaged norms. Frequently, there is a prominent incongruity between the norm and the actual state of affairs. In addition to undermining the important function of law, this phenomenon shows the prevalence of traditional legal heritage in Serbian social relations. In comparison to transition countries which have meanwhile been integrated into the European Union, the Serbian society is poverty-stricken, economically devastated, inadequately structured in terms of public/private interests, normatively underdeveloped and value-barren; as such, it is difficult to administer and hard to change. The heritage of socio-economic relations slows down the reception of the liberal-democratic system and the adjustment to the model of competitive market economy. The former model of irrational authority of a powerful leader and a single-party system has been transformed into the party-state system (partocracy involving the dominant role of the authoritarian party leadership, which slows down the development of independent, autonomous

A Bayou privateer critique’s Marcoux’s fiduciary argument against stakeholder theory

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Emir Phillips

2014-10-01

Full Text Available This Article critique’s Alexei Marcoux’s A Fiduciary Argument Against Stakeholder Theory which set the mark for Shareholder Theory. Stakeholder Theorists sense the denouement of Shareholder Theory, but perhaps this in-depth reassessment of Marcoux’s Article may have them reconsidering. Recent corporate scandals reveal only the moral paucity of that company’s management and are not conclusive evidence of any odious qualities inherent to either shareholders or Shareholder Theory. The theory that can throw out the bathwater and keep the baby will win. This article adheres to a modified Shareholder Theory elucidated therein while admitting that the human, all-too human Shareholder Theory evinces every fiber of our moral being when injustice harms that which we most love. This Article hopefully makes clear that Stakeholder Theory is best attainable within the legal rubric of 3rd party beneficiary analysis, which is a valid extension of Shareholder Theory. One can see the power of this when applied to a 3rd party beneficiary (stakeholder, thereby generally negating any further philosophizing as to a Stakeholder Theory when the legal contract principle of 3rd party beneficiary so readily inculcates it. Thus, Stakeholder Theorists can sleep at night, 3rd party beneficiary Contract Law is operating 24/7. The contracting 1st parties need only address important contingencies likely enough to warrant the transaction costs of express provision, such as the possible subsequent inclusion of 3rd party beneficiaries. For all other contingencies, the fiduciary obligation fills the gap. And so, while presently in an awkward position, Shareholder Theory has the advantage of being right, even if it desperately needed this Article to save itself

Assessing Performance of Three BIM-Based Views of Buildings for Communication and Management of Vertically Stratified Legal Interests

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Behnam Atazadeh

2017-07-01

Full Text Available Multistorey buildings typically include stratified legal interests which provide entitlements to a community of owners to lawfully possess private properties and use communal and public properties. The spatial arrangements of these legal interests are often defined by multiplexing cognitively outlined spaces and physical elements of a building. In order to support 3D digital management and communication of legal arrangements of properties, a number of spatial data models have been recently developed in Geographic Information Systems (GIS and Building Information Modelling (BIM domains. While some data models, such as CityGML, IndoorGML or IFC, provide a merely physical representation of the built environment, others, e.g., LADM, mainly rely on legal data elements to support a purely legal view of multistorey buildings. More recently, spatial data models integrating legal and physical notions of multistorey buildings have been proposed to overcome issues associated with purely legal models and purely physical ones. In previous investigations, it has been found that the 3D digital data environment of BIM has the flexibility to utilize either only physical elements or only legal spaces, or an integrated view of both legal spaces and physical elements to represent spatial arrangements of stratified legal interests. In this article, the performance of these three distinct BIM-based representations of legal interests defined inside multistorey buildings is assessed in the context of the Victorian jurisdiction of Australia. The assessment metrics are a number of objects and geometry batches, visualization speed in terms of frame rate, query time, modelling legal boundaries, and visual communication of legal boundaries.

Examining the Value of a Scaffolded Critique Framework to Promote Argumentative and Explanatory Writings Within an Argument-Based Inquiry Approach

Science.gov (United States)

Jang, Jeong-yoon; Hand, Brian

2017-12-01

This study investigated the value of using a scaffolded critique framework to promote two different types of writing—argumentative writing and explanatory writing—with different purposes within an argument-based inquiry approach known as the Science Writing Heuristic (SWH) approach. A quasi-experimental design with sixth and seventh grade students taught by two teachers was used. A total of 170 students participated in the study, with 87 in the control group (four classes) and 83 in the treatment group (four classes). All students used the SWH templates as an argumentative writing to guide their written work and completed these templates during the SWH investigations of each unit. After completing the SWH investigations, both groups of students were asked to complete the summary writing task as an explanatory writing at the end of each unit. All students' writing samples were scored using analytical frameworks developed for the study. The results indicated that the treatment group performed significantly better on the explanatory writing task than the control group. In addition, the results of the partial correlation suggested that there is a very strong significantly positive relationship between the argumentative writing and the explanatory writing.

A complete characterisation of All-versus-Nothing arguments for stabiliser states

OpenAIRE

Abramsky, Samson; Barbosa, Rui Soares; Carù, Giovanni; Perdrix, Simon

2017-01-01

An important class of contextuality arguments in quantum foundations are the All-versus-Nothing (AvN) proofs, generalising a construction originally due to Mermin. We present a general formulation of All-versus-Nothing arguments, and a complete characterisation of all such arguments which arise from stabiliser states. We show that every AvN argument for an n-qubit stabiliser state can be reduced to an AvN proof for a three-qubit state which is local Clifford-equivalent to the tripartite GHZ s...

Conjunctions in Argumentative Writing of Libyan Tertiary Students

Science.gov (United States)

Hamed, Muftah

2014-01-01

The aim of this study was an attempt to investigate the use of conjunctions in argumentative essays written by English as a Foreign Language fourth-year undergraduate Libyan students majoring in English at Omar Al-Mukhtar University in Libya. A corpus of 32 argumentative essays was collected from a sample of 16 students in order to be investigated…

«COLLECTIVE RIGHTS» OF ETHNIC COMMUNITIES: EXAMINATION OF SOCIAL AND LEGAL CONCEPTS

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M. A. Yuzhanin

2011-01-01

Full Text Available Attitude to so-called «collective rights» of ethnic groups as to a basis of ethno-national politics of every progressive state and of the whole global social community has lately become popular. Social and legal aspects of this notion are examined along with «pro» and «contra» its practicalimplementation. «Collective rights» notion allows at least five contradicting readings. Arguments for «ethno-group rights» are speculative and easily contested. If spread, «collective rights» of ethnic groups may essentially undermine system integration bases of multiethnic nations. Ethnosocialproblems that do exist in the world may be solved in democratic ways on the basis of already available and broadly accepted human and civil rights concepts and by applying «collective measurement» of individual rights.

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-...

The harm argument against surrogacy revisited: two versions not to forget.

Science.gov (United States)

Agnafors, Marcus

2014-08-01

It has been a common claim that surrogacy is morally problematic since it involves harm to the child or the surrogate-the harm argument. Due to a growing body of empirical research, the harm argument has seen a decrease in popularity, as there seems to be little evidence of harmful consequences of surrogacy. In this article, two revised versions of the harm argument are developed. It is argued that the two suggested versions of the harm argument survive the current criticism against the standard harm argument. The first version argues that the child is harmed by being separated from the gestational mother. The second version directs attention to the fact that surrogacy involves great incentives to keep the gestational mother's level of maternal-fetal attachment low, which tend to increase the risk of harm to the child. While neither of the two arguments is conclusive regarding the moral status of surrogacy, both constitute important considerations that are often ignored.

A complete characterization of all-versus-nothing arguments for stabilizer states

Science.gov (United States)

Abramsky, Samson; Barbosa, Rui Soares; Carù, Giovanni; Perdrix, Simon

2017-10-01

An important class of contextuality arguments in quantum foundations are the all-versus-nothing (AvN) proofs, generalizing a construction originally due to Mermin. We present a general formulation of AvN arguments and a complete characterization of all such arguments that arise from stabilizer states. We show that every AvN argument for an n-qubit stabilizer state can be reduced to an AvN proof for a three-qubit state that is local Clifford-equivalent to the tripartite Greenberger-Horne-Zeilinger state. This is achieved through a combinatorial characterization of AvN arguments, the AvN triple theorem, whose proof makes use of the theory of graph states. This result enables the development of a computational method to generate all the AvN arguments in on n-qubit stabilizer states. We also present new insights into the stabilizer formalism and its connections with logic. This article is part of the themed issue `Second quantum revolution: foundational questions'.

Argumentation, confrontation et violence verbale fulgurante Argumentative Processes, Confrontation and Acute Verbal Abuse

Directory of Open Access Journals (Sweden)

Claudine Moïse

2012-04-01

Full Text Available Si nous avons défini la violence verbale fulgurante comme une montée en tension caractérisée par des actes menaçants directs (provocation, menace, insultes… et la violence polémique comme un discours à visée argumentative mobilisant des procédés discursifs indirects (implicites, ironie…, on ne peut considérer ces deux types de discours comme hermétiques. À travers des scènes de violences verbales quotidiennes dans l’espace public et institutionnel (contrôles, convocations, verbalisations…, constituées pour un DVD pédagogique, il s’agit de montrer comment dans des interactions caractérisées par la violence fulgurante, certains procédés argumentatifs particuliers et que nous décrirons, sont utilisés, avec force efficacité, à des fins de déstabilisation et de prise de pouvoir sur l’autre. Our research has defined severe verbal abuse as built up tension characterized by directly threatening acts (such as provocation, threats, insults, and polemical violence as argumentative discourse which mobilizes indirect discursive devices, such as implicit discourse relations and irony. Yet, neither type of discourse can be considered to be impervious to mutual influence. Based on the content of an educational DVD featuring acted out scenes of daily verbal abuse taking place in public and institutional spaces (i.e., checks, summons, fines, we will show how specific argumentative devices, which we will describe, are very efficiently used within interactions that are characterised by severe abuse, with the aim of destabilizing and taking control over somebody.

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.

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.

Argumentative skills of law students in the framework of the Saber-Pro tests

Directory of Open Access Journals (Sweden)

Rafael Alejandro Betancourt Durango

2015-06-01

Full Text Available In the context of university training of lawyers, argumentative skills are vital for the outstanding performance of these professionals in their work environment; so the State sphere has tended to design, collecting the Saber-Pro test model, generic and specific evaluation components that support the appropriation of reading and writing and literacy skills in law students who face the State exam. In this research paper it is intended to inform the academic community about the indicators of performance on Saber-Pro tests, reflected by the students attached to the Law Program at Institución Universitaria de Envigado, seen from the analysis of argumentative skills

Investigating correlation between legal and physical property: possibilities and constraints

Science.gov (United States)

Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

2015-06-01

Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

Testing the limits of the 'joint account' model of genetic information: a legal thought experiment.

Science.gov (United States)

Foster, Charles; Herring, Jonathan; Boyd, Magnus

2015-05-01

We examine the likely reception in the courtroom of the 'joint account' model of genetic confidentiality. We conclude that the model, as modified by Gilbar and others, is workable and reflects, better than more conventional legal approaches, both the biological and psychological realities and the obligations owed under Articles 8 and 10 of the European Convention on Human Rights (ECHR). Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

Legal questions of indemnification after revocation of nuclear operating licenses

International Nuclear Information System (INIS)

Schoch, F.

1990-01-01

The contribution presents the 'Model of possessory rights in nuclear law' and deals with the legal framework and the system of legal and economic protection of possession. The chapter 'Questions of indemnification' portrays the liability to compensate and the exemption from compensation. (RST) [de

Improving Argumentation through Goal Instructions in Asynchronous Online Discussions

Science.gov (United States)

Prudchenko, Yekaterina

2014-01-01

Argumentation incorporated into class discussions can improve students' problem solving skills and enhance their epistemic and conceptual understanding. Research indicates students sometimes need scaffolding such as goal instructions to improve their argumentation skills. This study examined the effectiveness of different types of goal…

Pascal’s wager: tracking an intended reader in the structure of the argument

Directory of Open Access Journals (Sweden)

Iva SVAČINOVÁ

2016-12-01

Full Text Available Pascal’s wager is the name of an argument in favor of belief in God presented by Blaise Pascal in §233 of Thoughts. Ian Hacking (1972 pointed out that Pascal’s text involves three different versions of the argument. This paper proceeds from this identification, but it concerns an examination of the rhetorical strategy realized by Pascal’s argumentation. The final form of Pascal’s argument is considered as a product that could be established only through a specific process of persuasion led with respect to an intended reader with a particular set of initial beliefs. The text uses insights from the pragma‑dialectical approach to argumentation, especially the concept of rhetorical effectiveness of particular choices from the topical potential. The argumentation structure of Pascal’s wager is considered to be a reflection of the anticipated course of dialogue with the reader critically testing the sustainability of Pascal’s standpoint “You should believe in God”. Based on the argumentation reconstruction of three versions of the argument, Pascal’s idea of opponent/audience is identified. A rhetorical analysis of the effects of his argumentative strategy is proposed. The analysis is based on two perspectives on Pascal’s argument: it examines the strategy implemented consistently by all arguments and the strategy of a formulation of different versions of the wager.

Argumentative Polylogues: Beyond Dialectical Understanding of Fallacies

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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.

Negotiation and argumentation in multi-agent systems

CERN Document Server

Lopes, Fernando

2014-01-01

Multi-agent systems (MAS) composed of autonomous agents representing individuals or organizations and capable of reaching mutually beneficial agreements through negotiation and argumentation are becoming increasingly important and pervasive.Research on both automated negotiation and argumentation in MAS has a vigorous, exciting tradition. However, efforts to integrate both areas have received only selective attention in the academia and the practitioner literature. A symbiotic relationship could significantly strengthen each area's progress and trigger new R&D challenges and prospects toward t

Assisted suicide: Models of legal regulation in selected European countries and the case law of the European Court of Human Rights.

Science.gov (United States)

Grosse, Claudia; Grosse, Alexandra

2015-10-01

This paper presents three different models of the legal regulation of assisted suicide in European countries. First, the current legal regime governing assisted suicide in the Netherlands is described where both euthanasia and assisted suicide have been legalised. This section also includes some empirical data on euthanasia and assisted-suicide practices in the Netherlands, as well as a comparison with the current legal legislation in Belgium and Luxembourg. Next, Switzerland is presented as a country where euthanasia is punishable by law but assisted suicide is legally allowed, provided it is not carried out with selfish motives. This section also focuses on the assisted-suicide-related case law of the Swiss Federal Supreme Court and the European Court of Human Rights. Last, the current legal situation regarding assisted suicide in Austria and Germany is described. While the Austrian Penal Code explicitly prohibits assisted suicide, assistance with suicide is not specifically regulated by the German Penal Code. However, medical doctors are not allowed to assist suicides according to the professional codes of conduct drawn up by the German medical associations under the supervision of the health authorities. © The Author(s) 2014.

Open Access Publishing from the Legal Point of View. Why Freedom of Information Rules and Other Legal Principles Matter. Towards A New Fair Open Access Model.

Directory of Open Access Journals (Sweden)

Jiří Kolman

2013-10-01

Full Text Available This article focuses on aspects that, as far as we know, have never been discussed in previous debates dealing with open access. The EU and national competition legal rules ensuring fair competition are a rather neglected aspect of open access. Another crucial topic is the unfairness of the current publication system. Why should commercial publishers be paid by publicly supported research such as EU or national research programmes? In the article a new publication model is suggested. The proposed model is trying to keep high research standards, to be fair to researchers and the public and to take into account the actual costs of the new open access model.

Social Media Argumentation Mining: The Quest for Deliberateness in Raucousness

OpenAIRE

Šnajder, Jan

2016-01-01

Argumentation mining from social media content has attracted increasing attention. The task is both challenging and rewarding. The informal nature of user-generated content makes the task dauntingly difficult. On the other hand, the insights that could be gained by a large-scale analysis of social media argumentation make it a very worthwhile task. In this position paper I discuss the motivation for social media argumentation mining, as well as the tasks and challenges involved.

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.

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)

An integrated theory of causal scenarios and evidential arguments

NARCIS (Netherlands)

Bex, F.J.

2015-01-01

In the process of proof alternative stories that explain 'what happened' in a case are tested using arguments based on evidence. Building on the author's earlier hybrid theory, this paper presents a formal theory that combines causal stories and evidential arguments, further integrating the

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.

Legal issues with wind farm stakeholders

International Nuclear Information System (INIS)

Atcheson, A.

2006-01-01

Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

Legal issues with wind farm stakeholders

Energy Technology Data Exchange (ETDEWEB)

Atcheson, A. [Stikeman Elliott LLP, Toronto, ON (Canada)

2006-07-01

Legal issues concerning wind power development and landowners were reviewed. Agreements with landowners present opportunities and risks for developers and land agents. Generally, a landowner agreement provides for a period of testing and an option to lease land for the purposes of installing and operating wind turbines. Provisions are used to set out the terms of the option and the lease; restrictions on use of the land by both parties; and the amount and method of payment. In order to establish a valid option to lease, it is necessary to have good and valuable consideration, certainty of terms and conditions, and compliance with statutes. If the term is too long or alienation of land appears too permanent, a transfer tax may be payable to the landowner. In Ontario, no land transfer tax is payable on a land lease if the term cannot exceed 50 years. Developers should expect basic terms to become public knowledge, and recognize that residents living near planned wind installations can use the local planning process to slow down or break a project, especially if they are concerned about negative environmental impacts such as noise. The arguments against wind farms on the basis of low frequency noise (LFN) are particularly damaging because they apply to all sites near human settlements, and the effects of LFN at inaudible levels have not been sufficiently studied to rule out the possibility of negative health effects. More comprehensive studies on the health effects of LFN are needed. Legal complications may also arise from wind theft, where one party with rights in a parcel of land erects a structure limiting the wind resource on an adjacent parcel of land without compensation. Further complications may arise from wind envy, where landowners may become envious of neighbours hosting turbine sites, while they must live with the sight and sound of the turbines without receiving compensation. Potential wind theft solutions include setback regulations; land pooling

76 FR 27091 - Section 302 Report

Science.gov (United States)

2011-05-10

.... Scope of the Proceeding. The Copyright Office stresses that factual arguments are at least as important as legal arguments and encourages persons who wish to testify to provide demonstrative evidence to supplement their testimony. While testimony from attorneys who can articulate legal arguments in support of...

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.

The legal regime for private space tourism activities—An overview

Science.gov (United States)

Hobe, Stephan

2010-06-01

"Space tourism" denotes any commercial activity that offers customers direct or indirect experience with space travel. Various models for space tourism activities exist including the use of an aircraft and/or spacecraft. The paper surveys some of the most important legal aspects relevant to space tourism activities, such as, the delimitation of airspace and outer space, the applicable legal regime and the definition of aircraft and space object, authorization, registration, liability, as well as the legal status of space tourists.

Legal socialization of personality as a phenomenon of legal psychology

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Borisova S.E.

2017-01-01

Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

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 ...

Argumentation in Science Class: Its Planning, Practice, and Effect on Student Motivation

Science.gov (United States)

Taneja, Anju

Studies have shown an association between argumentative discourse in science class, better understanding of science concepts, and improved academic performance. However, there is lack of research on how argumentation can increase student motivation. This mixed methods concurrent nested study uses Bandura's construct of motivation and concepts of argumentation and formative feedback to understand how teachers orchestrate argumentation in science class and how it affects motivation. Qualitative data was collected through interviews of 4 grade-9 science teachers and through observing teacher-directed classroom discourse. Classroom observations allowed the researcher to record the rhythm of discourse by characterizing teacher and student speech as teacher presentation (TP), teacher guided authoritative discussion (AD), teacher guided dialogic discussion (DD), and student initiation (SI). The Student Motivation Towards Science Learning survey was administered to 67 students before and after a class in which argumentation was used. Analysis of interviews showed teachers collaborated to plan argumentation. Analysis of discourse identified the characteristics of argumentation and provided evidence of students' engagement in argumentation in a range of contexts. Student motivation scores were tested using Wilcoxon signed rank tests and Mann-Whitney U-tests, which showed no significant change. However, one construct of motivation---active learning strategy---significantly increased. Quantitative findings also indicate that teachers' use of multiple methods in teaching science can affect various constructs of students' motivation. This study promotes social change by providing teachers with insight about how to engage all students in argumentation.

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

Science.gov (United States)

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

2014-08-01

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

Evidence and argument in policymaking: development of workplace smoking legislation

Directory of Open Access Journals (Sweden)

Bero Lisa A

2009-06-01

Full Text Available Abstract Background We sought to identify factors that affect the passage of public health legislation by examining the use of arguments, particularly arguments presenting research evidence, in legislative debates regarding workplace smoking restrictions. Methods We conducted a case-study based content analysis of legislative materials used in the development of six state workplace smoking laws, including written and spoken testimony and the text of proposed and passed bills and amendments. We coded testimony given before legislators for arguments used, and identified the institutional affiliations of presenters and their position on the legislation. We compared patterns in the arguments made in testimony to the relative strength of each state's final legislation. Results Greater discussion of scientific evidence within testimony given was associated with the passage of workplace smoking legislation that provided greater protection for public health, regardless of whether supporters outnumbered opponents or vice versa. Conclusion Our findings suggest that an emphasis on scientific discourse, relative to other arguments made in legislative testimony, might help produce political outcomes that favor public health.

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

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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.

Citation Behaviors Observed in Japanese EFL Students' Argumentative Writing

Science.gov (United States)

Kamimura, Taeko

2014-01-01

Effective use of outside source texts is one of the key components of successful academic writing. This study aims at clarifying Japanese university EFL students' citation behaviors in producing argumentative writing. Twenty-six Japanese university EFL students wrote an argumentative essay. Their essays were analyzed quantitatively by six…

Two Studies Examining Argumentation in Asynchronous Computer Mediated Communication

Science.gov (United States)

Joiner, Richard; Jones, Sarah; Doherty, John

2008-01-01

Asynchronous computer mediated communication (CMC) would seem to be an ideal medium for supporting development in student argumentation. This paper investigates this assumption through two studies. The first study compared asynchronous CMC with face-to-face discussions. The transactional and strategic level of the argumentation (i.e. measures of…

77 FR 15327 - Notice of Public Hearings: Exemption to Prohibition on Circumvention of Copyright Protection...

Science.gov (United States)

2012-03-15

... not guarantee an opportunity to testify at these hearings. The Office stresses that factual arguments are at least as important as legal arguments. The hearings provide an opportunity to explain and, in... presentations of facts and legal argument, followed by questions from Copyright Office staff. In addition to the...

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.

The role of law as an instrument of communication within legal positivism

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Claudiu Ramon D. Butculescu

2015-12-01

Full Text Available This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

Arguments Whose Strength Depends on Continuous Variation

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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.

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

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.

Support for Marijuana (Cannabis Legalization: Untangling Age, Period, and Cohort Effects

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William Campbell

2017-02-01

Full Text Available In three large, nationally representative surveys of U.S. 12th graders, college students, and adults ('N' = 9 million conducted 1968–2015, Americans became significantly more supportive of legal marijuana (cannabis starting in the mid-1980’s. Hierarchical models using age-period-cohort analysis on the adult (General Social Survey sample showed that the increased support for legalization is primarily a time period effect rather than generational or age effect; thus, Americans of all ages became more supportive of legal marijuana. Among 12th graders, support for marijuana legalization was closely linked to perceptions of marijuana safety.

Improving Undergraduates' Argumentative Group Essay Writing through Self-Assessment

Science.gov (United States)

Fung, Yong Mei; Mei, Hooi Chee

2015-01-01

When writing an argumentative essay, writers develop and evaluate arguments to embody, initiate, or simulate various kinds of interpersonal and textual interaction for reader consideration (Wu & Allison, 2003). This is quite challenging for English as a second language (ESL) learners. To improve the quality of their writing, students need to…