In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

In this paper we describe an approach to practical reasoning, reasoning about what it is best for a particular agent to do in a given situation, based on presumptive justifications of action through the instantiation of an argument scheme, which is then subject to examination through a series of critical questions. We identify three particular aspects of practical reasoning which distinguish it from theoretical reasoning. We next provide an argument scheme and an associated set of critical questions which is able (...) to capture these features. In order that both the argument scheme and the critical questions can be given precise interpretations we use the semantic structure of an Action-Based Alternating Transition System as the basis for their definition. We then work through a detailed example to show how this approach to practical reasoning can be applied to a problem solving situation, and briefly describe some other previous applications of the general approach. In a second example we relate our account to the social laws paradigm for co-ordinating multi-agent systems. The contribution of the paper is to provide firm foundations for an approach to practical reasoning based on presumptive argument in terms of a well-known model for representing the effects of actions of a group of agents. (shrink)

This paper presents a methodology to design and implement programs intended to decide cases, described as sets of factors, according to a theory of a particular domain based on a set of precedent cases relating to that domain. We useDialectical Frameworks, a recent development in AI knowledge representation, as the central feature of our design method. ADFs will play a role akin to that played by Entity–Relationship models in the design of database systems. First, we explain how the factor hierarchy (...) of the well-known legal reasoning system CATO can be used to instantiate an ADF for the domain of US Trade Secrets. This is intended to demonstrate the suitability of ADFs for expressing the design of legal cased based systems. The method is then applied to two other legal domains often used in the literature of AI and Law. In each domain, the design is provided by the domain analyst expressing the cases in terms of factors organised into an ADF from which an executable program can be implemented in a straightforward way by taking advantage of the closeness of the acceptance conditions of the ADF to components of an executable program. We evaluate the ease of implementation, the performance and efficacy of the resulting program, ease of refinement of the program and the transparency of the reasoning. This evaluation suggests ways in which factor based systems, which are limited by taking as their starting point the representation of cases as sets of factors and so abstracting away the particular facts, can be extended to address open issues in AI and Law by incorporating the case facts to improve the decision, and by considering justification and reasoning using portion of precedents. (shrink)

In this paper we consider persuasion in the context of practical reasoning, and discuss the problems associated with construing reasoning about actions in a manner similar to reasoning about beliefs. We propose a perspective on practical reasoning as presumptive justification of a course of action, along with critical questions of this justification, building on the account of Walton. From this perspective, we articulate an interaction protocol, which we call PARMA, for dialogues over proposed actions based on this theory. We outline (...) an axiomatic semantics for the PARMA Protocol, and discuss two implementations which use this protocol to mediate a discussion between humans. We then show how our proposal can be made computational within the framework of agents based on the Belief-Desire-Intention model, and illustrate this proposal with an example debate within a multi agent system. (shrink)

Although evidence of teaching behaviour has been identified in some nonhuman species, human teaching appears to be unique in terms of both the breadth of contexts within which it is observed, and in its responsiveness to needs of the learner. Similarly, cultural evolution is observable in other species, but human cultural evolution appears strikingly distinct. This has led to speculation that the evolutionary origins of these capacities may be causally linked. Here we provide an overview of contrasting perspectives on the (...) relationship between teaching and cultural evolution in humans, and briefly review previous research which suggests that cumulative culture can occur without teaching. We then report the results of a novel experimental study in which we investigated how the benefits of teaching may depend on the complexity of the skill to be acquired. Participants were asked to tie knots of varying complexity. In our Teaching condition, opportunities to interact with an experienced partner aided transmission of the most complex knots, but not simpler equivalents, relative to exposure to completed products alone, and also relative to information about the process of completion. We conclude by considering the plausibility of various accounts of the evolutionary relationship between teaching and cultural evolution in humans. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper provides commentaries on nine significant papers drawn from the Journal’s second decade. Four of the papers relate to reasoning with legal cases, introducing contextual considerations, predicting outcomes on the basis of natural language descriptions of the cases, comparing different ways of representing cases, and formalising precedential reasoning. One introduces a method of analysing arguments that was to become very widely used in AI and Law, namely (...) argumentation schemes. Two relate to ontologies for the representation of legal concepts and two take advantage of the increasing availability of legal corpora in this decade, to automate document summarisation and for the mining of arguments. (shrink)

A major objection to epistemic infinitism is that it seems to make justification impossible. For if there is an infinite chain of reasons, each receiving its justification from its neighbour, then there is no justification to inherit in the first place. Some have argued that the objection arises from misunderstanding the character of justification. Justification is not something that one reason inherits from another; rather it gradually emerges from the chain as a whole. Nowhere however is it made clear what (...) exactly is meant by emergence. The aim of this paper is to fill that lacuna: we describe a detailed procedure for the emergence of justification that enables us to see exactly how justification surfaces from a chain of reasons. (shrink)

A Zenonian supertask involving an infinite number of colliding balls is considered, under the restriction that the total mass of all the balls is finite. Classical mechanics leads to the conclusion that momentum, but not necessarily energy, must be conserved. Relativistic mechanics, on the other hand, implies that energy and momentum conservation are always violated. Quantum mechanics, however, seems to rule out the Zeno configuration as an inconsistent system.

The digital humanities have developed in concert with online systems that increase the accessibility and speed of learning. Whereas previously students were immersed in the fluidity of campus life, they have become suspended and drawn-into various streams and currents of digital pedagogy, which articulate new forms of epistemological movement, often operating at speeds outside the lived time and rhythm of human thought. When assessing learning technologies, we have to consider the degree to which they complement the rhythms immanent to human (...) thought, knowledge, investigation, and experimentation.In this paper, we examine learning from a humanities perspective, arguing that reading, writing, and thinking are ways of learning underscored by various genres of movement that segue with or diverge from the movements inherent to digital technologies, especially those deployed in learning systems. Using the work of thinkers such as John Dewey and Michel Serres, we examine the importance of movement in dialogue, where to truly learn involves embedding oneself in the flow of thought, accepting the flexibility of concepts, and aligning oneself with a community of thinkers. (shrink)

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

What makes us conscious? Many theories that attempt to answer this question have appeared recently in the context of widespread interest about consciousness in the cognitive neurosciences. Most of these proposals are formulated in terms of the information processing conducted by the brain. In this overview, we survey and contrast these models. We first delineate several notions of consciousness, addressing what it is that the various models are attempting to explain. Next, we describe a conceptual landscape that addresses how the (...) theories attempt to explain consciousness. We then situate each of several representative models in this landscape and indicate which aspect of consciousness they try to explain. We conclude that the search for the neural correlates of consciousness should be usefully complemented by a search for the computational correlates of consciousness. (shrink)

A characteristic of contemporary analytic philosophy is its ample use of thought experiments. We formulate two features that can lead one to suspect that a given thought experiment is a poor one. Although these features are especially in evidence within the philosophy of mind, they can, surprisingly enough, also be discerned in some celebrated scientific thought experiments. Yet in the latter case the consequences appear to be less disastrous. We conclude that the use of thought experiments is more successful in (...) science than in philosophy. (shrink)

So far no known measure of confirmation of a hypothesis by evidence has satisfied a minimal requirement concerning thresholds of acceptance. In contrast, Shogenji’s new measure of justification (Shogenji, Synthese, this number 2009) does the trick. As we show, it is ordinally equivalent to the most general measure which satisfies this requirement. We further demonstrate that this general measure resolves the problem of the irrelevant conjunction. Finally, we spell out some implications of the general measure for the Conjunction Effect; in (...) particular we give an example in which the effect occurs in a larger domain, according to Shogenji justification, than Carnap’s measure of confirmation would have led one to expect. (shrink)

Reputation monitoring and the punishment of cheats are thought to be crucial to the viability and maintenance of human cooperation in large groups of non-kin. However, since the cost of policing moral norms must fall to those in the group, policing is itself a public good subject to exploitation by free riders. Recently, it has been suggested that belief in supernatural monitoring and punishment may discourage individuals from violating established moral norms and so facilitate human cooperation. Here we use cross-cultural (...) survey data from a global sample of 87 countries to show that beliefs about two related sources of supernatural monitoring and punishment — God and the afterlife —independently predict respondents' assessment of the justifiability of a range of moral transgressions. This relationship holds even after controlling for frequency of religious participation, country of origin, religious denomination and level of education. As well as corroborating experimental work, our findings suggest that, across cultural and religious backgrounds, beliefs about the permissibility of moral transgressions are tied to beliefs about supernatural monitoring and punishment, supporting arguments that these beliefs may be important promoters of cooperation in human groups. (shrink)

According to simulation or shared-substrates models of emotion recognition, our ability to recognize the emotions expressed by other individuals relies, at least in part, on processes that internally simulate the same emotional state in ourselves. The term “emotional expressions” is nearly synonymous, in many people's minds, with facial expressions of emotion. However, vocal prosody and whole-body cues also convey emotional information. What is the relationship between these various channels of emotional communication? We first briefly review simulation models of emotion recognition, (...) and then discuss neuroscientific evidence related to these models, including studies using facial expressions, whole-body cues, and vocal prosody. We conclude by discussing these data in the context of simulation and shared-substrates models of emotion recognition. (shrink)

In this paper, I defend teleological theories of belief against the exclusivity objection. I argue that despite the exclusive influence of truth in doxastic deliberation, multiple epistemic aims interact when we consider what to believe. This is apparent when we focus on the processes involved in specific instances (or concrete cases) of doxastic deliberation, such that the propositions under consideration are specified. First, I out- line a general schema for weighing aims. Second, I discuss recent attempts to defend the teleological (...) position in relation to this schema. And third, I develop and defend my proposal that multiple epistemic aims interact in doxastic deliberation—a possibility which, as of yet, has received no serious attention in the literature. (shrink)

As befits an emerging field of enquiry, there is on-going discussion about the scope, role and future of the medical humanities. One relatively recent contribution to this debate proposes a differentiation of the field into two distinct terrains, ‘medical humanities’ and ‘health humanities,’ and calls for a supersession of the former by the latter. In this paper, we revisit the conceptual underpinnings for a distinction between ‘the medical’ and ‘health’ by looking at the history of an analogous debate between ‘medical (...) geography’ and ‘the geographies of health’ that has, over the last few years, witnessed a re-blurring of the distinction. Highlighting the value of this debate within the social sciences for the future development of the medical humanities, we call for scholars to take seriously the challenges of critical and cultural theory, community-based arts and health, and the counter-cultural creative practices and strategies of activist movements in order to meet the new research challenges and fulfill the radical potential of a critical medical humanities. (shrink)

Trust is a natural mechanism by which an autonomous party, an agent, can deal with the inherent uncertainty regarding the behaviours of other parties and the uncertainty in the information it shares with those parties. Trust is thus crucial in any decentralised system. This paper builds on recent efforts to use argumentation to reason about trust. Specifically, a set of schemes is provided, and abstract patterns of reasoning that apply in multiple situations geared towards trust. Schemes are described in which (...) one agent, A, can establish arguments for trusting another agent, B, directly, as well as schemes that A can use to construct arguments for trusting C, where C is trusted by B. For both sets of schemes, a set of critical questions is offered that identify the situations in which these schemes can fail. (shrink)

The third of Berman and Hafner’s early nineties papers on reasoning with legal cases concerned temporal context, in particular the evolution of case law doctrine over time in response to new cases and against a changing background of social values and purposes. In this paper we consider the ways in which changes in case law doctrine can be accommodated in a recently proposed methodology for encapsulating case law theories, and relate these changes the sources of change identified by Berman and (...) Hafner. (shrink)

Today it is generally assumed that epistemic justification comes in degrees. The consequences, however, have not been adequately appreciated. In this paper we show that the assumption invalidates some venerable attacks on infinitism: once we accept that epistemic justification is gradual, an infinitist stance makes perfect sense. It is only without the assumption that infinitism runs into difficulties.

This paper engages with the theme of disgrace from a Bourdieusian point of view. Starting out from a specific definition of ‘grace’ in terms of misrecognition, it goes on to consider some of the ways in which disgrace can be generated and some of the ways it can be handled by the disgraced party. While there are certainly many intra-field modalities of the genesis of disgrace, including violation of the rules of the game, the paper also emphasizes that disgrace can (...) be generated by cross-field events, necessitating a switch of perspective from individuals in one field to individuals in multiple fields. This is also true of strategies for coping with disgrace. (shrink)

Galileo claimed inconsistency in the Aristotelian dogma concerning falling bodies and stated that all bodies must fall at the same rate. However, there is an empirical situation where the speeds of falling bodies are proportional to their weights; and even in vacuo all bodies do not fall at the same rate under terrestrial conditions. The reason for the deficiency of Galileo’s reasoning is analyzed, and various physical scenarios are described in which Aristotle’s claim is closer to the truth than is (...) Galileo’s. The purpose is not to reinstate Aristotelian physics at the expense of Galileo and Newton, but rather to provide evidence in support of the verdict that empirical knowledge does not come from prior philosophy.Author Keywords: Author Keywords: Aristotle; Galileo; Thought experiments; Falling bodies. (shrink)

An infinite number of elastically colliding balls is considered in a classical, and then in a relativistic setting. Energy and momentum are not necessarily conserved globally, even though each collision does separately conserve them. This result holds in particular when the total mass of all the balls is finite, and even when the spatial extent and temporal duration of the process are also finite. Further, the process is shown to be indeterministic: there is an arbitrary parameter in the general solution (...) that corresponds to the injection of an arbitrary amount of energy (classically), or energy-momentum (relativistically), into the system at the point of accumulation of the locations of the balls. Specific examples are given that illustrate these counter-intuitive results, including one in which all the balls move with the same velocity after every collision has taken place. (shrink)

In Big Gods, Norenzayan (2013) presents the most comprehensive treatment yet of the Big Gods question. The book is a commendable attempt to synthesize the rapidly growing body of survey and experimental research on prosocial effects of religious primes together with cross-cultural data on the distribution of Big Gods. There are, however, a number of problems with the current cross-cultural evidence that weaken support for a causal link between big societies and certain types of Big Gods. Here we attempt to (...) clarify these problems and, in so doing, correct any potential misinterpretation of the cross-cultural findings, provide new insight into the processes generating the patterns observed, and flag directions for future research. (shrink)

In this paper we apply a general account of practical reasoning to arguing about legal cases. In particular, we provide a reconstruction of the reasoning of the majority and dissenting opinions for a particular well-known case from property law. This is done through the use of Belief-Desire-Intention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction suggests that the reasoning involved can be separated into three distinct levels: factual and normative levels and a level connecting (...) the two, with conclusions at one level forming premises at the next. We begin by summarising our general approach, which uses instantiations of an argumentation scheme to provide presumptive justifications for actions, and critical questions to identify arguments which attack these justifications. These arguments and attacks are organised into argumentation frameworks to identify the status of individual arguments. We then discuss the levels of reasoning that occur in this reconstruction and the properties and significance of each of these levels. We illustrate the different levels with short examples and also include a discussion of the role of precedents within these levels of reasoning. (shrink)

As is well known, implication is transitive but probabilistic support is not. Eells and Sober, followed by Shogenji, showed that screening off is a sufficient constraint for the transitivity of probabilistic support. Moreover, this screening off condition can be weakened without sacrificing transitivity, as was demonstrated by Suppes and later by Roche. In this paper we introduce an even weaker sufficient condition for the transitivity of probabilistic support, in fact one that can be made as weak as one wishes. We (...) explain that this condition has an interesting property: it shows that transitivity is retained even though the Simpson paradox reigns. We further show that by adding a certain restriction the condition can be turned into one that is both sufficient and necessary for transitivity. (shrink)

Prominent evolutionary psychologists have argued that our innate psychological endowment consists of numerous domainspecific cognitive resources, rather than a few domaingeneral ones. In the light of some conceptual clarification, we examine the central inprinciple arguments that evolutionary psychologists mount against domaingeneral cognition. We conclude (a) that the fundamental logic of Darwinism, as advanced within evolutionary psychology, does not entail that the innate mind consists exclusively, or even massively, of domainspecific features, and (b) that a mixed innate cognitive economy of domainspecific (...) and domaingeneral resources remains a genuine conceptual possibility. However, an examination of evolutionary psychology's 'grain problem' reveals that there is no way of establishing a principled and robust distinction between domainspecific and domaingeneral features. Nevertheless, we show that evolutionary psychologists can and do live with this grain problem without their whole enterprise being undermined. (shrink)

In this paper, we present a particular role for abductive reasoning in law by applying it in the context of an argumentation scheme for practical reasoning. We present a particular scheme, based on an established scheme for practical reasoning, that can be used to reason abductively about how an agent might have acted to reach a particular scenario, and the motivations for doing so. Plausibility here depends on a satisfactory explanation of why this particular agent followed these motivations in the (...) particular situation. The scheme is given a formal grounding in terms of action-based alternating transition systems and we illustrate the approach with a running legal example. (shrink)

Various arguments have been put forward to show that Zeno-like paradoxes are still with us. A particularly interesting one involves a cube composed of colored slabs that geometrically decrease in thickness. We first point out that this argument has already been nullified by Paul Benacerraf. Then we show that nevertheless a further problem remains, one that withstands Benacerraf s critique. We explain that the new problem is isomorphic to two other Zeno-like predicaments: a problem described by Alper and Bridger in (...) 1998 and a modified version of the problem that Benardete introduced in 1964. Finally, we present a solution to the three isomorphic problems. (shrink)

A Zenonian supertask involving an infinite number of colliding balls is considered, under the restriction that the total mass of all the balls is finite. Classical mechanics leads to the conclusion that momentum, but not necessarily energy, must be conserved. Relativistic mechanics, on the other hand, implies that energy and momentum conservation are always violated. Quantum mechanics, however, seems to rule out the Zeno configuration as an inconsistent system.