Get Analysis of Dis/Agreement — with particular reference to Law PDF

By Svein Eng (auth.)

ISBN-10: 9048163706

ISBN-13: 9789048163700

ISBN-10: 9401703817

ISBN-13: 9789401703819

In order to figure out no matter if individuals in a dialogue are in actual dis/agreement, one needs to evaluate their propositions. comparability presupposes yardsticks in universal. Analysis of Dis/agreement thematises such yardsticks, in that it demonstrates the lifestyles, content material and authentic importance of a comparatively well-delimited set of proposition varieties and proposition styles, with their accompanying tenability standards and motivating pursuits. The e-book is a piece within the box of legal theory by means of advantage of its demonstrating how legal professionals' strength of judgement is constituted in and during those yardsticks. The booklet is interdisciplinary by means of advantage of its demonstrating how an analogous yardsticks come into play extra normally in argumentation formulated in daily language, i.e. independently of legislations. And the booklet is a piece within the box of philosophy through advantage of its demonstrating the life and authentic value of language and argumentation activities with a definite independence relating to the extent of arguable basic philosophical positions.

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The cup examples in the main text), and will later present exemplary formulations inter alia of the forms "(all) x are ... " (item (b )(ii) below) and "if x is ... , then xis ... "(section D 4 (2)(a) below). As is apparent from the examples, analytically unltrue propositions (also) fall into the following two groups: - The one consists of propositions the truth value of which is decided by analysis of non-logical words, cf. the circle examples. The sentence "this circle is round" does not ascribe to the phenomenon any property beyond those we already know that the phenomenon has by definition, by virtue of the fact that we call it a "circle"; and the sentence "this circle is square" denies the phenomenon a property that the phenomenon has by definition, again by 5 In conformity with the superordinate perspective and topic of the present work I do not adopt any standpoint on philosophically controversial questions concerning the relationship between language (thought) and reality (Chapter I above and section 8 below).

Lawyers' propositions de lege lata are fusions of descriptive and normative propositions, the two extreme points on the dimension. In Chapter III, I take up two topics from tenability assessment which in my opinion deserve greater attention than they are normally given: In section III 2 criteria used in the setting up of and choice between normative definitions are refined and systematised. In section III 3, I map the factual significance of other criteria than the truth criterion in the setting up of and choice between descriptive characterisations.

G. "the verb "to draw" I shall also use of production of figures via a computer"). g. "the verb "to draw" is used of written production of other figures than letters of the alphabet"). 1 below). (b) Characterisations can also be about the meanings of linguistic entities (about concepts). It is true that characterisations cannot be about what linguistic entities' meanings (concepts) are or should or shall (or other types of modality) be; in that case the propositions are definitions. But propositions can be about the meanings of linguistic entities (about concepts) in other ways: First, we have descriptive characterisations of the origins or effects of meanings.

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Analysis of Dis/Agreement — with particular reference to Law and Legal Theory by Svein Eng (auth.)


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