The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are (...) comparatively evaluated with the aim of working out a more comprehensive theory that can integrate the components of the argumentation structure on which they are based. It is shown that the notion of presumption has both a logical component and a dialectical component, and the new theory of presumption developed in the paper, called the dialogical theory, combines these two components. (shrink)

A Bibliography of Douglas Walton’s Published Works, 1971-20.

In spite of significant research efforts, argument technologies do not seem poised to scale up as much as most commentators would hope or even predict. In this paper, I discuss what obstacles bar the way to more widespread success of argument technologies and venture some suggestions on how to circumvent such difficulties: doing so will require a significant shift in how this research area is typically understood and practiced. I begin by exploring a much broader yet closely related question: To (...) what extent are people natively good at arguing? This issue has always been central to philosophical reflection and it has become even more urgent nowadays, with the explosion of persuasive technologies and unprecedented opportunities for large-scale social influence. The answer hinges on what aspect of argumentation is taken under consideration: evidence suggests that people are relatively bad at analyzing the structure of arguments, especially when these are presented out of context and in abstract terms; in contrast, data show that even laymen tend to excel in the interactive practice of argumentation, in particular when motivation is high and something significant is at stake. Unfortunately, current argument technologies are more closely tailored to the former type of activity than to the latter, which is the main reason behind their relative lack of success with the general public. Changing this state of affair will require a commitment to ecological argument technologies: that is, technologies designed to support real-time, engaging and meaningful argumentative interactions performed by laypeople in their ordinary life, instead of catering to the highly specific needs of a minority of niche users. (shrink)

This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to (...) Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and develop an account of the relationship between critical questions and burden of proof. Our ultimate aim is to initiate a reconciliation between dialectical and informal logic approaches to the schemes. (shrink)

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.

I will demonstrate that conductive arguments are found in the inference to the best explana-tion as it is used in science. Conductive arguments, I argue, operate on two levels: the first is in the con-struction of hypotheses; the second is through the competition of hypotheses. By constructing arguments based on observations of facts, all possible factors are taken into account and a judgment is made based on our weighing of considerations: conductive argumentation.