Download Argument Types and Fallacies in Legal Argumentation by Thomas Bustamante, Christian Dahlman PDF

By Thomas Bustamante, Christian Dahlman

ISBN-10: 3319161474

ISBN-13: 9783319161471

This ebook offers theoretical instruments for comparing the steadiness of arguments within the context of criminal argumentation. It bargains with a few common argument kinds and their specific use in criminal argumentation. It offers exact analyses of argument from authority, argument advert hominem, argument from lack of knowledge, slippery slope argument and different basic argument kinds. each one of those argument forms can be utilized to build arguments which are sound in addition to arguments which are unsound. to judge an issue appropriately one has to be capable of distinguish the sound situations of a definite argument kind from its unsound situations. This ebook promotes the improvement of theoretical instruments for this activity.

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Indeed, the very concept of the “ideal victim” makes it clear that some victims of sexual assault will find it harder to make their 2 Ad Hominem Fallacies and Epistemic Credibility 33 cases than others in ways that have nothing to do with the facts of the situation, merely their social identity. 7 Conclusion The story thus far has been primarily a pessimistic one, about the fact that negative stereotypes and the epistemic injustice associated with their use in arguments, cannot simply be ignored.

L. Pittinsky. 2001. Stereotype susceptibility in children: Effects of identity activation on quantitative performance. Psychological Science 12(5): 385–390. S. Sechler. 1986. Effects of explanation and counterexplanation on the development and use of social theories. Journal of Personality and Social Psychology 50(1): 24–34. , and S. Mullainathan. 2004. Are Emily and Greg more employable than Lakisha and Jamal? A field experiment on labor market discrimination. American Economic Review 94(4): 991–1013.

Now, in order to articulate some of the harms that can result from these psychological phenomena, we will turn to the concept of epistemic injustice. 3 Epistemic Injustice Epistemic injustice, as discussed in Fricker (2007) in particular, is a kind of epistemic wrong done to an individual, in her capacity as a knower, as a result of systemic injustice. Her main focus is on testimonial injustice, which stems from our often unconscious assessments of a speaker’s credibility. Literature on the epistemology of testimony does not give a uniform account of the manner in which we come to accept testimonial evidence, but it is acknowledged that some judgment on our part, whether explicit or implicit, of the testifier’s credibility plays a role.

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