陈哲
what are the essential elements involved in people's expressing and understanding of ideas?

what factors are involved in the exchanges of meaning?

Jun 18, 2014 1:01 PM
Comments · 4

5.Unexpressed (or "hidden") premise rule A party may not deny a premise that he or she has left implicit or falsely present something as a premise that has been left unexpressed by the other party. 6.Starting point rule A party may not falsely present a premise as an accepted starting point nor deny a premise representing an accepted starting point. 7.Argument scheme rule A party may not regard a standpoint as conclusively defended if the defense does not take place by means of an appropriate argumentation scheme that is correctly applied. 8.Validity rule A party may only use arguments in its argumentation that are logically valid or capable of being made logically valid by making explicit one or more unexpressed premises. 9.Closure rule A failed defense of a standpoint must result in the party that put forward the standpoint retracting it and a conclusive defense of the standpoint must result in the other party retracting its doubt about the standpoint. 10.Usage rule A party must not use formulations that are insufficiently clear or confusingly ambiguous and a party must interpret the other party's formulations as carefully and accurately as possible. The Free Dictionary Online, by Farlex, informs on this wise, as to the relevence and implementation of Logic as it pertains to Law. .

June 18, 2014

The pragma-dialectical theory does apply to Legal Argumentation. Rules for a critical discussion follows the following 10 Rules, which constitute the ideal model for dialogue.
Violations of the discussion rules are said to frustrate the reasonable resolution of the difference of opinion and they are therefore considered as fallacies.
The ten rules (see Van Eemeren, Grootendorst & Snoeck Henkemans, 2002, pp.182-183):
1.Freedom rule Parties must not prevent each other from advancing standpoints or from casting doubt on standpoints.
2.Burden of proof rule A party that advances a standpoint is obliged to defend it if asked by the other party to do so.
3.Standpoint rule A party's attack on a standpoint must relate to the standpoint that has indeed been advanced by the other party.
4.Relevance rule A party may defend a standpoint only by advancing argumentation relating to that standpoint.

June 18, 2014

#5 Recognition of the Principle of the Burden of Proof.

#6 Understanding of Hume's Guillotine, also called Hume's Fork,

which indicates that one cannot derive an "ought" from an "is".

#7 A basic knowledge of Logical Fallacies.

#8 Knowledge of The Causal Relation regarding Natural Phenomena

#9 Knowledge of Abstract Conceptions and Transcendental Conceptions

as identities which do not exist in a Causal Relation to Natural Phenomena.

June 18, 2014

#1   Logic (Knowledge of the Three Laws of Logic, which are:

             (A) The Law of Identity  (B) The Law of Non-Contradiction

  (C) The Law of the Excluded Middle.

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  #2   Pragma  Dialectica  (Dialectical Method)

 

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  #3   Contemporary   Worldviews,  of which there are now two:

 

     The Monist Worldview (Ontological Naturalism):

              The worldview  which claims that nothing but Matter,  Energy,  Space, and Time exist as shown by  Science.

    

     The Dualist  Worldview (Classical Dualism):  proposes that there is a Mind/Body Duality, which explains human experience.

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    #4  Comprehension of the Moral Argument, which indicates the following:

       If God exists, then Morality Exists.   If Morality does not exist,  neither does God Exist.

 

    

June 18, 2014