Download e-book for kindle: Dialectics: A Controversy-Oriented Approach to the Theory of by Nicholas Rescher

By Nicholas Rescher

ISBN-10: 087395372X

ISBN-13: 9780873953726

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The idea that once a statement is acknowledged as theoretically revisable, it can carry no cognitive weight at all, is no more plausible then the suggestion that a man loses his vote as soon as it is seen that the rules make it possible for him to be outvoted" (Science and Subjectivity {New York, 1967}, p. 118). 17. René Descartes, Meditations on First Philosophy, No. I (tr. by R. M. Eaton). 2011 00:45:54] Document Previous Released By -TSJ5J- Next Page 36 most extravagant moments. ) 18 To render this idea of presumption clearer and more vivid, it may be useful to survey its workings in the range of relevant cases.

3. Presumption and Burden of Proof While the fundamental burden of proof always inclines against the interlocutor who presents a thesis for acceptance, one must, of course, make it possible for him to build a substantiating case. The adducing of supporting considerations must be something that is not made in principle impossible under the circumstances: not everything can be disqualified as failing to count in this regard. All rational discussion presupposes an exchange of contentions, and it will not do in such a context simply to silence one of the parties by an extraneous act of force majeure that precludes him from the very outset from developing a case.

Bk. III, pt. iii, sect. iii, art. 1349. 2011 00:45:53] Document Previous Released By -TSJ5J- Next Page 31 most probative contexts, a standing presumption in favor of the usual, normal, customary course of things. The conception of burden of proof is correlative with that of a presumption. } In its legal setting, the conception of presumption has been explicated in the following terms: A presumption in the ordinary sense is an inference. . The subject of presumptions so far as they are mere inferences or arguments, belongs not to the law of evidence, or to law at all, but to rules of reasoning.

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Dialectics: A Controversy-Oriented Approach to the Theory of Knowledge by Nicholas Rescher

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