Ragionare Per Dicotomie - Struttura Argomentativa E Usi Nel Common Law (Reasoning from Dichotomies - Argumentative Structure and Forensic Uses)
Universidade Nova de Lisboa
Ars Interpretandi, Vol. 15, pp. 167-187, 2010
Disjunctions and dichotomies are often used in legal argumentation to support a thesis or lead the witnesses or the jury to a specific testimony or conclusion. Reasoning from dichotomies is therefore an extremely powerful dialectical instrument both in decision making and persuasion dialogue. From a logical perspective, this type of argument can be described a disjunctive syllogism (modus tollendo ponens): denying or affirming one of the extremes of the dichotomy, the alternative is affirmed or denied. The crucial problem of this type of reasoning is the ground of the disjunction, which can be semantic or pragmatic in kind. The creation or the modification of the genus of the alternatives, or rather their semantic or pragmatic paradigm, allows the speaker to impose a forced choice to be used during the discussion, cross-examination or deliberation phase.
Note: Downloadable document is in Italian.
Number of Pages in PDF File: 22
Keywords: Disjunction, reasoning from oppositions, paradigmsAccepted Paper Series
Date posted: April 18, 2011 ; Last revised: April 20, 2011
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