Open days in model theory and set theory: Proceedings by Guzicki W., Marek W., Pelc A., Rauszer C. (eds.)

By Guzicki W., Marek W., Pelc A., Rauszer C. (eds.)

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Hitchcock, McBurney and Parsons (p. 7) postulate that a deliberation dialogue goes 7. Types of Dialogue 27 through the following eight stages. These stages do not necessarily represent the temporal order of the argumentation in a given case. They represent an ideal order of argumentation in the normative model of a deliberation dialogue. 1. Opening of the deliberation dialogue, and the raising of a governing question about what is to be done. 2. Discussion of: (a) the governing question; (b) desirable goals; (c) any constraints on the possible actions which may be considered; (d) perspectives by which proposals may be evaluated; and (e) any premises (facts) relevant to this evaluation.

There are special problems with trying to apply them to legal argumentation. First, there are many different kinds of legal argumentation, ranging from negotiation to the kind of argumentation lawyers engage in when presenting a case in court. No single type of dialogue or argumentation scheme will fit all such cases. Indeed, as will be shown, legal argumentation often involves a shift or transition from one type of dialogue to another. Still, one paradigm is the model of argumentation to which any method must be directed.

These are issues about burden of proof at the local level in a dialogue. The investigation of burden of proof can only proceed by connecting the local level with the global level. For these issues at the local level that arise about who has to prove what when different kinds of moves are made surely depend on who is supposed to prove what at the global level. If one party has the burden of proof at the global level while the other does not, as is the case in a common law criminal trial for example, surely that will influence what happens with issues of burden of proof that arise at the local level.

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