{"title":"Legal argumentation in Mesopotamia since Ur III","authors":"A. Schumann","doi":"10.1075/jaic.19015.sch","DOIUrl":null,"url":null,"abstract":"Abstract In this paper, I show that we can find some foundations of logic and legal argumentation in the tablets of Mesopotamia at least since the dynasty of Ur III. In these texts, we see the oldest correct application of logical inference rules (e.g. modus ponens). As concerns the legal argumentation established in Mesopotamia, we can reconstruct on the basis of the tablets the following rules of dispute resolutions during trials: (1) There are two parties of disputants: (i) a protagonist who formulates a standpoint and (ii) an antagonist who disagrees with the protagonist’s standpoint and formulates an alternative statement. (2) There is a rational judge represented by high-ranking citizens who should follow only logical conclusions from facts and law articles as premises.","PeriodicalId":41908,"journal":{"name":"Journal of Argumentation in Context","volume":"9 1","pages":"243-282"},"PeriodicalIF":0.6000,"publicationDate":"2020-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"6","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Argumentation in Context","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1075/jaic.19015.sch","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"COMMUNICATION","Score":null,"Total":0}
引用次数: 6
Abstract
Abstract In this paper, I show that we can find some foundations of logic and legal argumentation in the tablets of Mesopotamia at least since the dynasty of Ur III. In these texts, we see the oldest correct application of logical inference rules (e.g. modus ponens). As concerns the legal argumentation established in Mesopotamia, we can reconstruct on the basis of the tablets the following rules of dispute resolutions during trials: (1) There are two parties of disputants: (i) a protagonist who formulates a standpoint and (ii) an antagonist who disagrees with the protagonist’s standpoint and formulates an alternative statement. (2) There is a rational judge represented by high-ranking citizens who should follow only logical conclusions from facts and law articles as premises.
期刊介绍：
The Journal of Argumentation in Context aims to publish high-quality papers about the role of argumentation in the various kinds of argumentative practices that have come into being in social life. These practices include, for instance, political, legal, medical, financial, commercial, academic, educational, problem-solving, and interpersonal communication. In all cases certain aspects of such practices will be analyzed from the perspective of argumentation theory with a view of gaining a better understanding of certain vital characteristics of these practices. This means that the journal has an empirical orientation and concentrates on real-life argumentation but is at the same time out to publish only papers that are informed by relevant insights from argumentation theory.
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