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Well, Burke coined a new term, identification, to explain: "Here is perhaps the simplest case of persuasion," Burke wrote in A Rhetoric of Motives.
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The most charitable possible interpretation of Jeremy Corbyn's awarding a score of seven (or seven-and-a-half) out of 10 to the EU during the referendum campaign, for example, was that this was a case of "critical persuasion", sharing his thinking about the painful and finely balanced trade-offs of EU membership.
In some cases the dynamic of persuasion is a subtle one; in others it is not.
In such cases, the burden of persuasion about the enforceability of the clause naturally rests with its proponent.
Rhetoric may be defined as the faculty of observing in any given case the available means of persuasion.
The Supreme Court, in the Globe and Mail case, wrote that "the burden of persuasion remains on the media to show that the public interest in protecting a secret source outweighs the public interest in criminal investigations".
B. Two Meanings of "Prima Facie Case" 1. Who Carries the Burden of Persuasion? 2. How Heavy Is the Burden of Persuasion? 3. What Happens If a Party Fails to Carry the Burden of Persuasion? "A Primer on Legal Reasoning is impressive.
And to suggest that the author of an opinion where the final vote is 5 to 4 somehow plays a peculiarly decisive "leading role," ante, at 828, ignores the possibility of a case where the author's powers of persuasion produce an even larger margin of votes.
Shaw describes a complex system for recording advance directives apparently synergistic with a detailed protocol of persuasion in the case of opposition [ 2].
demand for a higher degree of persuasion in criminal cases was recurrently expressed from ancient times, [though] its crystallization into the formula "beyond a reasonable doubt" seems to have occurred as late as 1798.
"I've long maintained that the burden of persuasion in capital cases should be higher at the penalty phase than the guilt phase," Blecker said.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com