Foreign Precedents in Judicial Argument: A Theoretical Account

Argument from Fairness in Judicial Reasoning

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge, to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. The Carneades Argumentation System is used to model the reasoning. Both schemes are presented, and then applied to the account given by Judge ...

A Discourse Account of Argument Containment Eeects

knowing and discerning valid judicial precedents from rescinded one

in modern legal systems there are a variety of sources of law. judicial precedent is one of the legal sources; thus, precedents of supreme court, like enactments of parliament, are enforceable in courts. this similarity between precedents and acts impose many problems as role of supreme court in interpretation of   laws. but the most important problem is the possibility of changing previous pre...

Argument-Function Mismatches in Mandarin Resultatives: A Lexical Mapping Account

This paper seeks to account for the argument-function mismatches observed in Mandarin resultative compound verbs. The account is formulated within a revised Lexical Mapping Theory which incorporates a unified mapping principle. Under the simplest and also the strictest interpretation of this mapping principle (or the θ-criterion), a composite role, formed by two composing roles, receives syntac...

critical period effects in foreign language learning:the influence of maturational state on the acquisition of reading,writing, and grammar in english as a foreign language

since the 1960s the age effects on learning both first and second language have been explored by many linguists and applied linguists (e.g lennerberg, 1967; schachter, 1996; long, 1990) and the existence of critical period for language acquisition was found to be a common ground of all these studies. in spite of some common findings, some issues about the impacts of age on acquiring a second or...