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50 Cards in this Set

  • Front
  • Back
o Argument defined – 3 elements
-Argument: A complete unit of proof, consisting of
o Data – the raw material for an argument
o Reasoning process – means of interpreting the data
o Conclusion – expresses the specific interpretation
o Must remain aware of unstated elements
Assumption of Uniformity
-Our ability to relate data and reach conclusions through reasoning rests on the assumption of uniformity
o There is order and predictability in the universe
 Without uniformity we cannot build on/learn from past experiences
o We can expect to find similarity and recurrence in our experiences
 Allows us to project our knowledge beyond immediate situation
Data
o Data – the starting point of an argument, the substance from which we reason (like the foundation of a building, must be solid)
o Two types of data
Premises
 Premises – fundamental assumptions or beliefs that we accept without external support
-Perceptual premises – assumptions about the nature of things
-Based on our personal view & past experience of the world
-Function as data because they are accepted without question
-They seem self evident
-Value premises – concern the worth of something (good or evil, right or wrong, important or trivial)
-Derived from parents, communities, religion, friends
-Assuming correctness of value premise can lead to unproductive argument
--Ignores existence of competing value system
Evidence
 Evidence – source materials external to us used to lend support or proof to a conclusion
-Factual evidence
potentially verifiable statements that describe real objects and events
-No potential for verification means it is not factual
-Seeks only to describe objects and events
-uses a variety of forms
--Verbal examples – detailed descriptions of specific instances, cases, or situations
--Statistics – numerical representations of examples
-Convenient for expressing large numbers of examples (1 is an example, 100 is a statistics)
-Must examine ways in which statistics were derived
--Descriptive historical statements – reports that something happened at a certain time and place
-Less detailed than verbal examples
Expert Opinion Evidence
authoritative statements that explain factual evidence
-Interprets meaning of objects or events
-Relies on special knowledge or experience of individual offering judgment
Inductive reasoning
o Inductive Reasoning- Synthetic process used in moving from particulars to probable conclusions
o Begins with specifics
o Inductive reasoning interprets data through synthesis: reaching beyond the data through an inferential leap to identify a probable uniform pattern
o Moves to either general (class-inclusive) or specific conclusions
 “We examined 50 cows and all 50 cows gave milk. We saw some new cows. The new cows will give milk.”
o Begins with particulars - Begins with specific cases, instances or situations
 Statistics summarize numerous examples which are based on observation/experience
• The real instance/situation is the ultimate basis for reasoning
o “We examined 50 cows and they all gave milk
Synethic process
o Synthetic process – concerned with bringing data together into a meaningful pattern or whole
 Must move beyond raw data through an inferential leap to identify a uniform pattern
• Inferential leap – extension beyond the data; a willingness to look beyond what we can observe and apply it to what we can’t
o “We saw new cows.”
Probable conclusions
o Probable conclusions - Moving beyond the data makes conclusions less certain than original data
 Even if initial data can be validated absolutely, cannot be certain of conclusion
• “The new cows will give milk.”
Deductive reasoning
o Deductive Reasoning- Analytic process used in moving from generalities to structurally certain conclusions
o Begins with generalities
o Arrives at specific or less general class conclusions
 “All medical doctors have college degrees. Dr. Smith is a medical doctor. Dr. Smith has a college degree.”
o Begins with generalities - begins with general statements that may be descriptive or evaluative in nature
 must establish class categories (provides the “whole” necessary for analysis)
• “All doctors have medical degrees.”
Analytic process and tructurally certain conclusions
o Analytic process – breaking down the whole into its parts
 Attempts to apply established insights to new situations by including or excluding the parts of a whole
• Relates parts to the whole through inclusion in, or exclusion from, a class
o “Dr. Smith is a medical doctor.”
o Structurally certain conclusions – conclusion does not move beyond the original data
 can be as certain of the truth of conclusion as we are of the truth of the first statements
Conclusions
 Conclusions express the specific condition, relationship, or judgment identified by the reasoning process’s interpretation of the data
 Answers one of three essential questions
 Is it? (existence)
 What is it? (essence)
 Why is it? (explanation)
Conclusions of existance
o Conclusions of Existence – assert that something is real or manifest or in a state of being
 Specific to a particular situation, case, or limited group
• “Someone must be home since the lights and TV are on.”
Conclusions of Essence
– identify an essential feature or basic attribute or characteristic property of something
 Universal – include all members of a class; inseparable from the class
• “Professors are hard-hearted because they never let me make up a test.”
Conclusions of Explanation
– relate phenomena to account for existence or make existence intelligible
 Looks at why things exist and why they are as they are
 May be universal or specific, depending on the data and reasoning
• “I gain weight during the summer because I eat more ice cream.”
Symbolic revelation (Symbolically Revealed Premises)
)– expressed through use of language (symbolically)
o Must attempt to determine what assumptions are being made by examining the language being used
Symbolic revelation (Symbolically Revealed Premises)
--Categories of values
o Must look at the role of values in our arguments
 Categories of values
 Artistic/aesthetic – beauty or good taste and their opposite
 Moral/ethical – right or wrong, good or bad
 Political – rights, laws, freedom
 Utilitarian – effective, practical
 By examining language being used, we get a sense of values being emphasized
Symbolic revelation (Symbolically Revealed Premises)
--terminal or instrumental
o Can also look at values as terminal or instrumental
 Terminal values – associated with goals or states of existence
 Equality, freedom, national security, self-respect
 Instrumental – provide means for attaining terminal values or describes desired behavior
 Ambition, honesty, independence, responsibility
Symbolic revelation (Symbolically Revealed Premises)
--multiple values
o Values do not exist independently of each other; We hold multiple values
 Values can be categorized as core or subordinate
 Freedom (core) v. freedom of religion or freedom of expression (subordinate)
 Value hierarchy – arranging competing values in order of importance (security v. freedom)
o Once again, in order to understand what value hierarchy is being used we must carefully examine the language being used
Symbolic revelation (Symbolically Revealed Premises)
--Remember
o Remember – Values are fundamental to our way of thinking, arguing and legislating
 Cannot remove them from the process
 Must understand how value concepts are used as data
Community-Inferred Premises
Community-Inferred Premises – there may be no previous verbal statements from which to discover premises
• We must examine personal premises and analyze audience in order to make inferences about what premises/values the community (and therefore, possibly, the opposition) holds
--Examining Personal Premises
 Examining Personal Premises – must first examine our own beliefs and assumptions
• What seems “self-evident” to us may actually be an extreme position that others do not share
• Must ask ourselves:
o What do I believe?
o Why do I believe it?
o Can the basis of my belief be reasonably denied?
• Have to strip away first and second level assumptions to get to the essential belief
• This essential belief will probably be shared by most reasonable people and can then be used as a starting point for inquiry and advocacy
This “universally self-evident” perception or value can now be used as data
--Conducting Audience Analysis
 Conducting Audience Analysis – allows us to discover premises for a particular audience
• Not universally self-evident, but a good starting point for arguments for that audience
• Not about having to sacrifice your beliefs or conclusions for that of the audience
• Looking to build arguments on those beliefs that you do share
3 methods of audience analysis:
1. Documents published by the group
 Many groups promote certain principles which are set down in a code, constitution, or creed
 Many groups publish magazines and newsletters
2. Interviews and discussions with group members
 Should be done whenever possible (lawyers interviewing jurors)
 Costly and time-consuming
3. Demographically based inference
 Works on assumption that people who share demographic traits (age, gender, race, socioeconomic status, religion) share similar attitudes
Researching for evidence
physical process; Research involves the systematic collection of evidence
At the very heart of inquiry
• Research is a search for the truth
• The Truth Is Out There (enjoy the search)
• Evidence must be used responsibly
--involves a systematic process (4 stages; stage 1)
Developing a Research Plan
o General Issues research – used when the advocate first learns the proposition to be argued
 Begin by figuring out what you already know
 If you don’t know about the controversy, find articles that give a general overview of the topic
• Why is the proposition important? Is it clear?
• What have you read recently?
• Who’s in favor? Who’s opposed?
• Where should I get information? Is recency important?
• What issues are important?
o Specific Argument research – used after you have become familiar with the issues in the proposition
 Looking for specific evidence to support the arguments that make up the issues
--involves a systematic process (4 stages; stage 2)
– Compiling the Bibliography
o Need to find the best sources of evidence on the issues and arguments
 Know Your Library!!!
o Searching Indexes Manually
 Use indexes to develop a list of sources for evidence
• You will need to discover search terms
o Books – provide a thorough treatment of topic, place it in historical context
 May not contain most recent information
 Look in:
• Minerva – UofL has no card catalog
• Books in Print – included in library database
• Cumulative Book Index
o Periodicals (Journals and Magazines)
 Provide current information and perspectives on a topic
• Reader’s Guide to Periodical Literature
• Lexis-Nexis
--involves a systematic process (4 stages; stage 2)
o Newspapers
 Provide very recent information or detailed contemporary commentary
• Most newspapers provide their own index
• Editorials on File
o Almanacs and Fact Books
 Good for finding facts, dates, specific statistics
• Statistical Abstract of the U.S. – best source of statistics
• World Almanac – includes sections on history and present world conditions
• Facts on File – encyclopedia of current events
o Government Documents
 Government publishes books, pamphlets, hearings and congressional proceedings
• Excellent source for expert testimony
o Monthly Catalog of United States Government Publications
--involves a systematic process (4 stages; stage 2)
o Essays
 Usually in edited collections
 Can be difficult to locate
• Essay and General Literature Index
o Bibliographies
 Compiled on a variety of subjects
 Ask reference librarian for help
• Bibliography Index
o Searching Indexes with a Computer
 Do not rely solely on articles that are published in their full text in the index
 Challenge can be finding the right key- words
involves a systematic process (4 stages; stage 3)
Reading for Evidence
o Finding the right sources does not guarantee finding the right evidence
 Must read with a clear and precise purpose in mind to make your reading profitable
• Know what you are looking for
• Know what stage of research you are at
 Early stages – skim to determine the usefulness of a source
• Reading for ideas as well as evidence
 Next, read in depth to gather as much evidence and as many relevant ideas as possible
• Should be recording most information at this time
o Better to have too much than not enough
 Later stages – looking for specific evidence to support specific ideas
• Looking for quality of evidence now, rather than quantity
involves a systematic process (4 stages; stage 4)
Recording Evidence
o There’s no foolproof plan to make sure you get the right evidence
 It’s a subjective judgment of the individual
 It’s dependent on the nature of the topic
 It’s dependent on the type of evidence the researcher is looking for at the moment
o 4 guidelines for helping to record evidence
 Rule 1 – Record single ideas to make retrieval easier
• Impossible to file an evidence card if it contains more than one idea
o Quotations with multiple ideas should be broken up
 Rule 2 – Recorded evidence should consist of conclusions, as well as reasons for that led to that conclusion
• Conclusions without reasons/evidence provides no basis for our arguments
 Rule 3 – Record evidence in its exact form. Do not take it out of context!
• You must remain true to the meaning intended by original source
• Edit or paraphrase later, after recording evidence exactly as it appears
 Rule 4 – Record evidence in a length appropriate to its use
• Lengthy quotations may need to be broken up into smaller, more specific quotes
Ethical use of data
 Concerned with fairness and accuracy
 Inquiry/Advocacy process makes distorted data unlikely
 Opponents often check sources
 Errors in evidence and premises can lead to faulty conclusions and inappropriate solutions
Testing data
o Bombarded with facts, opinions and premises each day
• Must be able to measure accuracy and acceptability
o Can subject data to tests
• Will help you in your selection of premises and evidence for arguments/papers
• Also helps you examine/refute data offered by others
Premises can be tested:
• Philosophically – concerned with reasons people use to support their beliefs
 Must consider the basis of our beliefs when making judgment about its soundness
 Can test premises in terms of their effect on the real world
• Pragmatically – sometimes premise must be qualified
 Can you show that the premise does not constitute an ultimate good in a given situation
• Killing is bad (premise), except in war or by the state (specific situations)
• Consensually - Must consider the extent and sources of support for premise
 Just because a large number of people accept a premise does not make it true
 However, if a premise is widely shared, it can be useful as data
• Shows strength and pervasiveness of premise
General Tests
3 tests available for all forms of data whether premises or evidence
internal consistency
Are the data consistent with other data from the same source?
 Inconsistencies in or among premises, opinions or facts should raise concern over the credibility of the source
 Lawyers listen carefully to witness testimony to find discrepancies
external consistency
Are the data consistent with other data from unrelated sources?
 Data must be examined in light of other known data from other sources
 Inconsistencies do not automatically invalidate data
 Must search deeper to see which source is most credible
 If two independent sources provide us with the same data, the credibility of that data is more firmly established
relevancy
Do the data support the conclusion they are asserted to support?
 Data can be credible and still not be sufficient basis for argument
 May be tangential to the conclusion
 Ask: Does this data really support this conclusion?
 If not, it is irrelevant
specific tests for premises
• People can and do change their values and perceptions; Can’t write them off as unable to be tested further; Just because our values and perceptions are deeply held and emotional, doesn’t mean premises can’t be tested
• Remember!!! Tests do not prove the truth of a given perception or value, they only provide us with signs of the strength and pervasiveness of premises
clear defination
Are the terms used in the premise clearly defined?
 Premises can be highly abstract in their language (“sanctity of life,” “patriotism”)
 Confuses the issue, can be used by both sides
 Must precisely define and apply the value or perception
Appropriate Justification
– Is an appropriate rationale provided to justify the judgment expressed?
 What is the reason we adopted a value or perceptual premise
 Family? Religion?
 Premises based on reasons are more likely to be true than those based on a whim or gut reaction
Results in good
Does accepting the premise result in good?
 Apply premise to specific instances to see if it results in good
 Should the government withhold information it deems dangerous to the public, or does the public have a right to know and act accordingly?
Wide acceptance
Is the premise widely accepted?
 Empirical question – answered by public opinion polls
 Just because a premise is widely accepted, does not mean it will apply or be supported in a particular situation
Expert support
Do experts in the subject support the premise?
 We assume experts have spent considerable time investigating subject, are in a better position to judge adequacy of premise
Specific Tests for Evidence
--recency
Is the statement of evidence based on recent observations of the real situation?
 Is it recent enough that no important facts have changed?
 Some fields of information change very quickly
 Be aware of new statements of old facts
 Current books may base conclusions on old sources
Specific Tests for Evidence
--source identification
Is the source of the evidence identifiable?
 All evidence should be traceable to a specific source
 Important in judging credibility
 Can never fully trust unnamed sources
Specific Tests for Evidence
--source ability
Is the source of the evidence able to report/interpret the situation accurately
 Must consider source’s access to situation and expertness
 Physical proximity (geographical and chronological) – if source is getting information second – or third- hand, it is more likely to be distorted
 Must consider expertness
 Experience – source is qualified by experience, training or position to interpret situation
 Has worked in situation before
 Has had any specific training necessary to interpret situation
 Position – access to information denied most people
Specific Tests for Evidence
--source willingness
Is the source of the evidence willing to report/interpret situation fairly?
 Self-interest – may prejudice evidence
 Does not automatically negate evidence, but must look for corroboration
 Includes interests of source’s employer
 May restrain a person from telling the truth
 Writing style – may sacrifice accuracy for what’s interesting
• Colorful language may not be most accurate
• Especially true of popular periodicals where simplicity and interest lead to overgeneralization
Tests for Statistical Evidence
--Adequate sampling
are statistics based on adequate sampling techniques?
 Statistics are not true counts but projections based on samples
• Must be large enough sample
• Must represent the larger whole
• Best sources provide explanation and justification for numbers