Location

University of Windsor

Document Type

Paper

Start Date

3-6-2009 9:00 AM

End Date

6-6-2009 5:00 PM

Abstract

Arguments from plausibility, in which an appeal is made to customary behavior, are often used in the legal practice. For example: Joran van derSloot must have murdered Natalee Holloway, otherwise he would have called an ambulance when she looked dead. As in the example, such arguments are often presented with an explicit appeal to an inference license that gives the argument amodus tollensstructure [if he had not murdered her...]. I will address the question what motivates such a presentation.

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Creative Commons Attribution 4.0 License
This work is licensed under a Creative Commons Attribution 4.0 License.

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Mano Daniel, Commentary on Jansen

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Mano Daniel, Commentary on Jansen (June 2009)

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Jun 3rd, 9:00 AM Jun 6th, 5:00 PM

Legal Arguments about Plausible Facts and Their Strategic Presentation

University of Windsor

Arguments from plausibility, in which an appeal is made to customary behavior, are often used in the legal practice. For example: Joran van derSloot must have murdered Natalee Holloway, otherwise he would have called an ambulance when she looked dead. As in the example, such arguments are often presented with an explicit appeal to an inference license that gives the argument amodus tollensstructure [if he had not murdered her...]. I will address the question what motivates such a presentation.