This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game by Xiong :16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland China (...) require of the suitor, the respondent, and the trier to establish their respective S-, R- and T-facts. We also offer an improved version of the legal syllogism. (shrink)

Mencius, the second sage of Confucianism after Confucius, is well known for his subtle argumentative skills. Mencius did not develop his own argumentation theory, but argumentation practices, including his political argumentation, have enormously inspired later scholars in China to develop argumentation theories. In this paper, we try to reconstruct Mencius’s political argumentation from perspectives of both strategic maneuvering developed by van Eemeren et al. in argumentation theory and truth-functional logic in formal logic. The aim is to manifest the Dao, a (...) rational balance among logical, dialectical and rhetorical dimensions in Mencius’s political argumentation. The results indicate that Mencius’s political argumentation is not only logically justified but also shown to have maneuvered strategically between reasonableness and effectiveness, and that human beings have a common ground of formal and substantial logos, which makes it possible for people from different cultural groups to communicate rationally. (shrink)

In a recent paper, “One Logician’s Perspective on Argumentation”, van Benthem expressed his reservations on Toulmin’s diagnosis and abandonment of formal logic, and argued that Toulmin was wrong for leading the study of argumentation apart from formal approach. In this paper we will try to reveal two se-rious misunderstandings of Toulmin’s ideas in his discussions, and thereby make an apology for Toulmin.

This comprehensive volume features the proceedings of the Third International Workshop on Logics for New-Generation Artificial Intelligence and the International Workshop on Logic, AI and Law, held in Hangzhou, China on September 8-9 and 11-12, 2023. The collection offers a diverse range of papers that explore the intersection of logic, artificial intelligence, and law. With contributions from some of the leading experts in the field, this volume provides insights into the latest research and developments in the applications of logic in (...) these areas. It is an essential resource for researchers, practitioners, and students interested in the latest advancements in logic and its applications to artificial intelligence and law. (shrink)

Becker argued Confucianism lacked of argumentation, dialogue and debate. However, Becker is wrong. First, the purpose of philosophical argumentation is to justify an arguer’s philosophical standpoints. Second, both Confucius’ Analects and Mencius’ Mencius were written in forms of dialogues. Third, the content of each book is the recorded utterance and the purpose of dialogue is to persuade its audience. Finally, after Confucius, Confucians’ works have either argued for those unjustified standpoints or re-argued about some justified viewpoints in the Analects.