This article explores the modalities by which referring to past discursive performance of adversaries within a continuous polemical exchange is used in ad hominem attacks. Our starting point holds that in the context of lengthy debates, participants and third-party listeners share a rhetorical memory, which, dynamic and subjective as it may be, allows for the evaluation of participants’ characters based on their perceived discursive performances. By analysing opinion articles related to the Israeli political debate, this study shows how drawing inference (...) from adversaries’ prior statements and conduct is used to compromise their credibility as participants in the polemical exchange. It is found that, alongside supporting arguments from inconsistent commitment, previous discursive performance is mobilized to discredit speakers’ epistemic authority and their moral legitimacy. (shrink)

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.