An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof

In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century.

However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today.

The collection’s first half contains historical sources and begins with excerpts from Aristotle’s Topics and goes on to include the locus classicus chapter from Bishop Whately’s crucial Elements of Rhetoric as well as later reactions to Whately’s views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.

No single work is more responsible for the heightened interest in argumentation and informal reasoning—and their relation to ethics and jurisprudence in the late twentieth century—than Chaïm Perelman and Lucie Olbrechts-Tyteca’s monumental study of argumentation, La Nouvelle Rhétorique: Traité de l'Argumentation. Published in 1958 and translated into English as The New Rhetoric in 1969, this influential volume returned the study of reason to classical concepts of rhetoric. In The Promise of Reason: Studies in The New Rhetoric, leading scholars of rhetoric Barbara Warnick, Jeanne Fahnestock, Alan G. Gross, Ray D. Dearin, and James Crosswhite are joined by prominent and emerging European and American scholars from different disciplines to demonstrate the broad scope and continued relevance of The New Rhetoric more than fifty years after its initial publication. 

Divided into four sections—Conceptual Understandings of The New Rhetoric, Extensions of The New Rhetoric, The Ethical Turn in Perelman and The New Rhetoric, and Uses of The New Rhetoric—this insightful volume covers a wide variety of topics. It includes general assessments of The New Rhetoric and its central concepts, as well as applications of those concepts to innovative areas in which argumentation is being studied, such as scientific reasoning, visual media, and literary texts. Additional essays compare Perelman’s ideas with those of other significant thinkers like Kenneth Burke and Richard McKeon, explore his career as a philosopher and activist, and shed new light on Perelman and Olbrechts- Tyteca’s collaboration. Two contributions present new scholarship based on recent access to letters, interviews, and archival materials housed in the Université Libre de Bruxelles. Among the volume’s unique gifts is a personal memoir from Perelman’s daughter, Noémi Perelman Mattis, published here for the first time. 

The Promise of Reason, expertly compiled and edited by John T. Gage, is the first to investigate the pedagogical implications of Perelman and Olbrechts- Tyteca’s groundbreaking work and will lead the way to the next generation of argumentation studies.