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50 Cards in this Set
- Front
- Back
o Argument defined – 3 elements
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-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 |
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Assumption of Uniformity
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-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 |
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Data
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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 |
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Premises
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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 |
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Evidence
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Evidence – source materials external to us used to lend support or proof to a conclusion
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-Factual evidence
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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 |
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Expert Opinion Evidence
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authoritative statements that explain factual evidence
-Interprets meaning of objects or events -Relies on special knowledge or experience of individual offering judgment |
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Inductive reasoning
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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 |
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Synethic process
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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.” |
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Probable conclusions
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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.” |
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Deductive reasoning
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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.” |
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Analytic process and tructurally certain conclusions
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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 |
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Conclusions
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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) |
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Conclusions of existance
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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.” |
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Conclusions of Essence
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– 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.” |
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Conclusions of Explanation
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– 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.” |
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Symbolic revelation (Symbolically Revealed Premises)
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)– expressed through use of language (symbolically)
o Must attempt to determine what assumptions are being made by examining the language being used |
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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 |
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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 |
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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 |
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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 |
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Community-Inferred Premises
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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 |
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--Examining Personal Premises
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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 |
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--Conducting Audience Analysis
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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 |
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3 methods of audience analysis:
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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 |
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Researching for evidence
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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 |
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--involves a systematic process (4 stages; stage 1)
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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 |
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--involves a systematic process (4 stages; stage 2)
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– 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 |
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--involves a systematic process (4 stages; stage 2)
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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 |
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--involves a systematic process (4 stages; stage 2)
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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 |
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involves a systematic process (4 stages; stage 3)
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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 |
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involves a systematic process (4 stages; stage 4)
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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 |
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Ethical use of data
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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 |
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Testing data
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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 |
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Premises can be tested:
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• 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 |
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General Tests
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3 tests available for all forms of data whether premises or evidence
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internal consistency
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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 |
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external consistency
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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 |
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relevancy
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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 |
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specific tests for premises
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• 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 |
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clear defination
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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 |
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Appropriate Justification
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– 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 |
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Results in good
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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? |
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Wide acceptance
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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 |
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Expert support
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |