There are several features of law which rightly draw the interest of philosophers, especially those whose expertise lies in ethics and social and political philosophy. But the law also has features which haven’t stirred much in the way of philosophical investigation. I must say that I find this surprising. For the fact is that a well-run criminal trial is a master-class in logic and epistemology. Below I examine the logical and epistemological properties of greatest operational involvement in a criminal proceedings, (...) concepts such as evidence, proof, argument, inference, relevance, probability, and more. My principal objective is to expose the deep cleavage between establishment norms in epistemology and logic and standard practice in criminal proceedings. This gives us two options to reflect upon. In one, the establishment norms for the correct management of the concepts in question are basically sound. In that case, as I will show, common law criminal practice would be basically unsound; its convictions would be basically false and unjust. Seen from the other perspective, the criminal justice system would be basically sound, and its criminal convictions basically true and just. It turns out to matter that option one meets with widely spread common disbelief and is generally taken as contrary to common knowledge. What is needed here is an epistemology which gives these sentiments some air to breathe. I will argue that on balance it is the logico-epistemic establishment which requires some serious rethinking. (shrink)

MacColl a été récemment l’objet de trois intéressantes thèses. D’abord, il serait le probable père du pluralisme en logique. Ensuite, son pluralisme porterait un instrumentalisme sous-jacent. Enfin, les deux thèses précédentes expliqueraient l’oubli dans lequel il serait tombé après 1909. Bien qu’il soit à la fois pluraliste et instrumentaliste à certains égards, je suggèrerai qu’il est difficile de trouver dans les écrits de MacColl un pluralisme qui puisse satisfaire les trois thèses précédentes en apparaissant pour la première fois chez MacColl, (...) en trouvant ses sources dans un instrumentalisme adapté à la logique, et en étant l’explication à l’oubli dans lequel était tombé son auteur. (shrink)

ABSTRACT This paper contributes to the debate about the strawman fallacy. It is the received view that strawmen are employed to fool not the arguer whose argument they distort, but instead a third party, an audience. I argue that strawmen that fool their victims exist and are an important variation of the strawman fallacy because of their special perniciousness. I show that those who are subject to hermeneutical lacunae or who have since forgotten parts of justifications they have provided earlier (...) are especially vulnerable to falling for strawmen aimed at their own positions or arguments. Adversarial argumentation provides especially fertile ground for strawmen that fool their own victims, but cooperative argumentation is no fail-safe protection from them either. (shrink)

“Deductivism” is a broad label for various theories that emphasize the importance of deductive argument in contexts of rational discussion. This paper makes a case for a very specific form of deductivism. The paper highlights the dialectical importance of advancing deductively valid arguments in natural-language reasoning. Sections 2 and 3 explain the various forms that deductivism has taken. Section 4 makes a case for a particular form of deductivism. Section 5 discusses the value of deductive argument in law. Section 6 (...) concludes and acknowledges critical questions that need to be addressed more fully in future work. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...) of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

Under the rubric of understanding the problem of explainability of AI in terms of abductive cognition, I propose to review the lessons from AlphaGo and her more powerful successors. As AI players in Baduk have arrived at superhuman level, there seems to be no hope for understanding the secret of their breathtakingly brilliant moves. Without making AI players explainable in some ways, both human and AI players would be less-than omniscient, if not ignorant, epistemic agents. Are we bound to have (...) less explainable AI Baduk players as they make further progress? I shall show that the resolution of this apparent paradox depends on how we understand the crucial distinction between abduction and inference to the best explanation. Some further philosophical issues arising from explainable AI will also be discussed in connection with this distinction. (shrink)

This paper outlines an integrated approach to trust and relevance with respect to arguments: in particular, it is suggested that trust in relevance has a central role in argumentation. We first distinguish two types of argumentative relevance: internal relevance, i.e. the extent to which a premise has a bearing on its purported conclusion, and external relevance, i.e. a measure of how much a whole argument is pertinent to the matter under discussion, in the broader dialogical context where it is proposed. (...) Then, we argue that judgements of internal relevance heavily rely on trust, and that such trust, although occasionally misplaced , is nonetheless based on several reasons, and thus often justified, by either epistemic or pragmatic considerations. We conclude by sketching potential methods to formally model trust in argumentative relevance, and briefly discussing the technological implications of this line of research. (shrink)

Traditionally, an enthymeme is an incomplete argument, made so by the absence of one or more of its constituent statements. An enthymeme resolution strategy is a set of procedures for finding those missing elements, thus reconstructing the enthymemes and restoring its meaning. It is widely held that a condition on the adequacy of such procedures is that statements restored to an enthymeme produce an argument that is good in some given respect in relation to which the enthymeme itself is bad. (...) In previous work, we emphasized the role of parsimony in enthymeme resolution strategies and concomitantly downplayed the role of charity . In the present paper, we take the analysis of enthymemes a step further. We will propose that if the pragmatic features that attend the phenomenon of enthymematic communication are duly heeded, the very idea of reconstructing enthymemes loses much of its rationale, and their interpretation comes to be conceived in a new light. (shrink)

In my opinion, it is only in the framework of a research dealing with abductive cognition that we can analyze important cognitive aspects of human and machine capacities. From the point of view of human capacities the phenomenological concept of anticipation, which is related to the problem of the spontaneous generation of spatiality and its three-dimensionality, will be central. I will describe that anticipations can be seen as types of visual and manipulative abduction and also fruitful to illustrate, in the (...) case of human and machine capacities, the respective role of two kinds of strategic reasoning: locked and unlocked abductive strategies, which characterize the basic cognitive pro- cedure of “reading ahead”. The specificity of these contrasting inferential strategies is also related to their potentiality in producing different kinds of hypothetical outcomes, which in turn represent dissimilar levels of knowledge creativity. This diversity is also fundamental to depict the special character, the kind of creativity, and the limits of current computational deep learning AI systems, such as AlphaGo, which realize abductive cognitive processes. (shrink)

The principle of charity is used in philosophy of language and argumentation theory as an important principle of interpretation which credits speakers with “the best” plausible interpretation of their discourse. I contend that the argumentation account, while broadly advocated, misses the basic point of a dialectical conception which approaches argumentation as discussion between two parties who disagree over the issue discussed. Therefore, paradoxically, an analyst who is charitable to one discussion party easily becomes uncharitable to the other. To overcome this (...) paradox, I suggest to significantly limit the application of the principle of charity depending on contextual factors. (shrink)

Recent work on conditional reasoning argues that denying the antecedent [DA] and affirming the consequent [AC] are defeasible but cogent patterns of argument, either because they are effective, rational, albeit heuristic applications of Bayesian probability, or because they are licensed by the principle of total evidence. Against this, we show that on any prevailing interpretation of indicative conditionals the premises of DA and AC arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather (...) depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. (shrink)

This article proposes a cost-benefit analysis of argumentation, with the aim of highlighting the strategic considerations that govern the agent's decision to argue or not. In spite of its paramount importance, the topic of argumentative decision-making has not received substantial attention in argumentation theories so far. We offer an explanation for this lack of consideration and propose a tripartite taxonomy and detailed description of the strategic reasons considered by arguers in their decision-making: benefits, costs, and dangers. We insist that the (...) implications of acknowledging the strategic dimension of arguing are far-reaching, including promising insights on how to develop better argumentation technologies. (shrink)

PurposeThe purpose of this essay is to highlight how the digital age makes visible community expression and organization on an international scale.Design/methodology/approachThis project provides a rhetorical analysis of the sub-cultural twitter hashtag “#Palestine2Ferguson”. By focusing on #Palestine2Ferguson, this piece interrogates the ways groups that have been displaced by oppression can build bridges in the new digital age. Through the adaptation of Deluca and Peeples “public screen”, this project reveals how increased sophistication of discernment adds a new “touch” to the screen.FindingsAn (...) analysis of #Palestine2Ferguson through the lens of “the public touchscreen” emboldens rhetorical studies understanding of how ethnic/racial minority individuals are capable of self-selecting their method and modes of self-expression when building community.Originality/valueThe transformation of life within the digital age has created an exigence for a reconsideration and expansion of Deluca and Peeples concept of “public screens”. (shrink)

This paper is about the situation in which an author (writer or speaker) presents a deductively invalid argument, but the addressee aims at a charitable interpretation and has reason to assume that the author intends to present a valid argument. How can he go about interpreting the author’s reasoning as enthymematically valid? We suggest replacing the usual find-the-missing-premise approaches by an approach based on systematic efforts to ascribe a belief state to the author against the background of which the argument (...) has to be evaluated. The suggested procedure includes rules for recording whether the author in fact accepts or denies the premises and the conclusion, as well as tests for enthymematic validity and strategies for revising belief state ascriptions. Different degrees of interpretive charity can be exercised. This is one reason why the interpretation or reconstruction of an enthymematic argument typically does not result in a unique outcome. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

From a decision theoretic perspective, arguments stem from decisions made by arguers. Despite some promising results, this approach remains underdeveloped in argumentation theories, mostly because it is assumed to be merely descriptive. This assumption is mistaken: considering arguments as the product of decisions brings into play various normative models of rational choice. The challenge is rather to reconcile strategic rationality with other normative constraints relevant for argumentation, such as inferential validity and dialectical appropriateness.

The history of fallacy theory is long, distinguished and, admittedly, checkered. I offer a bird eye view on it, with the aim of contrasting the standard conception of fallacies as attractive and universal errors that are hard to eradicate with the contemporary preoccupation with “non-fallacious fallacies”, that is, arguments that fit the bill of one of the traditional fallacies but are actually respectable enough to be used in appropriate contexts. Godden and Zenker have recently argued that reinterpreting alleged fallacies as (...) non-fallacious arguments requires supplementing the textual material with something else, e.g. probability distributions, pragmatic considerations, dialogical context. Thus fallacies remain gappy on all accounts, and this is the hallmark of their failure. However, I argue that such gappiness is typically unproblematic, and thus no more flawed than enthymematic argumentation in general. This, in turn, calls into question the usefulness of the very notion of fallacy. (shrink)

An enthymeme is often defined as an argument with a missing component or an argument with an unexpressed component. Roy Sorensen, in “Are Enthymemes Arguments?”, argues against the possibility of enthymemes being arguments at all, but he assumes that arguments are abstract objects. I shall present and explore some more metaphysically neutral arguments against enthymemes as arguments and ultimately conclude that while not conclusive, the most viable option is Sorensen’s—enthymemes are not arguments.

External representations play a crucial role in learning. At the same time, cognitive load theory suggests that the possibility of learning depends on limited resources of the working memory and on cognitive load imposed by instructional design and representation tools. Both these observations motivate a critical look at Computer-Supported Argument Visualization tools that are supposed to facilitate learning. This paper uses cognitive load theory to compare the cognitive efficacy of RationaleTM 2 and AGORA.