Legal argument in the context of Deliberation


Legal argument in the context of Deliberation

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⭐ Core Definition: Legal argument

Argumentation theory is the interdisciplinary study of how conclusions can be supported or undermined by premises through logical reasoning. With historical origins in logic, dialectic, and rhetoric, argumentation theory includes the arts and sciences of civil debate, dialogue, conversation, and persuasion. It studies rules of inference, logic, and procedural rules in both artificial and real-world settings.

Argumentation includes various forms of dialogue such as deliberation and negotiation which are concerned with collaborative decision-making procedures. It also encompasses eristic dialogue, the branch of social debate in which victory over an opponent is the primary goal, and didactic dialogue used for teaching. This discipline also studies the means by which people can express and rationally resolve or at least manage their disagreements.

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Legal argument in the context of Fallacy

A fallacy is the use of invalid or otherwise faulty reasoning in the construction of an argument that may appear to be well-reasoned if unnoticed. The term was introduced in the Western intellectual tradition by the Aristotelian De Sophisticis Elenchis.

Fallacies may be committed intentionally to manipulate or persuade by deception, unintentionally because of human limitations such as carelessness, cognitive or social biases and ignorance, or potentially due to the limitations of language and understanding of language. These delineations include not only the ignorance of the right reasoning standard but also the ignorance of relevant properties of the context. For instance, the soundness of legal arguments depends on the context in which they are made.

View the full Wikipedia page for Fallacy
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