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Emotional Legal Arguments And A Broken Leg, Rubens Damasceno-Morais May 2016

Emotional Legal Arguments And A Broken Leg, Rubens Damasceno-Morais

OSSA Conference Archive

We intend to examine ways that emotions may be intertwined within argumentative legal discourses. From the transcript of a brief trial in a Court of Appeal in Brazil we have the opportunity to observe how the emotional and rational reasoning live together in a deliberation among magistrates. “The leg broken case” allow us to examine how judges define the value of compensation to be paid in cases of moral damage. We show that not only technical arguments are the compounds of one decision; subjectivity is also important in that legal context. We would yet confirm what jurists and …


Commentary On Uses Of Arguments From Definition In Children’S Argumentation, Daniel Fasko Jr May 2016

Commentary On Uses Of Arguments From Definition In Children’S Argumentation, Daniel Fasko Jr

OSSA Conference Archive

This paper presents an analysis of the reasoning of two 5-year old children’s use of argument from definition. The author uses the Argumentum Model of Topics (AMT; Rigotti & Greco-Morasso, 2009) to accomplish this task. A brief history of the “locus of definition” is presented, as well as a description of how and where the data were collected. More specifically, the data come from a study of students conducted for over 30 years in Switzerland. Two examples are discussed where an adult experimenter examined these children’s responses to conservation of liquid and number tasks. The two examples of children’s responses …