Mediation is an alternative dispute resolution process that is becoming more and more popular particularly in English-speaking countries. In contrast to traditional litigation it has not benefited from technological advances and little research has been carried out to make this increasingly widespread practice more efficient. The study of argumentation in dispute mediation hitherto has largely been concerned with theoretical insights. The development of argumentation theories linked to computational applications opens promising new horizons since computational tools could support mediators, making sessions (...) quicker and more efficient. For this, we need tools for close analysis of mediation discourse in order to explore the argumentative activity in depth, and ultimately get an accurate image of how dialogues unfold in this particular context. This paper therefore aims at laying the foundations of a theory of close analysis for discourse in dispute mediation. Theories provided by the literature serve as a basis for argumentative analyses of transcripts of mediation sessions in order to deliver a clear image of the argumentative structure. Analyses of the argumentative strategies in mediation discourse will allow for the development of a dialogue protocol that can be used to develop operational models which can be embodied in software to help make the mediation process easier and more effective. (shrink)

We all seem to have a sense of what good and bad arguments are, and there is a long history—focusing on fallacies—of trying to provide objective standards that would allow a clear separation of good and bad arguments. This contribution discusses the limits of attempts to determine the quality of arguments. It begins with defining bad arguments as those that deviate from an established standard of good arguments. Since there are different conceptualizations of “argument”—as controversy, as debate, and as justification—and (...) since arguments in each of these senses can be used for different purposes, a first problem is that we would need a large variety of standards for “good” arguments. After this, the contribution focuses in particular on proposals made in the literature on how to assess the quality of arguments in the sense of justification. It distinguishes three problems of assessment: How to determine whether reasons are acceptable, whether reasons are sufficient to justify the conclusion, and how to identify arguments in real-world speech acts and texts? It is argued that limitations of argument assessment result from unavoidable relativism: The assessment of many—if not most—arguments depends on the epistemic situation of the evaluator. (shrink)

A large body of research in cognitive science differentiates human reasoning into two types: fast, intuitive, and emotional “System 1” thinking, and slower, more reflective “System 2” reasoning. According to this research, human reasoning is by default fast and intuitive, but that means that it is prone to error and biases that cloud our judgments and decision making. To improve the quality of reasoning, critical thinking education should develop strategies to slow it down and to become more reflective. The goal (...) of such education should be to enable and motivate students to identify weaknesses, gaps, biases, and limiting perspectives in their own reasoning and to correct them. This contribution discusses how this goal could be achieved with regard to reasoning that involves the construction of arguments; or more precisely: how computer-supported argument visualization tools could be designed that support reflection on the quality of arguments and their improvement. Three types of CSAV approaches are distinguished that focus on reflection and self-correcting reasoning. The first one is to trigger reflection by confronting the user with specific questions that direct attention to critical points. The second approach uses templates that, on the one hand, provide a particular structure to reason about an issue by means of arguments and, on the other, include prompts to enter specific items. And a third approach is realized in specifically designed user guidance that attempts to trigger reflection and self-correction. These types of approaches are currently realized only in very few CSAV tools. In order to inform the future development of what I call reflection tools, this article discusses the potential and limitations of these types and tools with regard to five explanations of the observation that students hardly ever engage in substantial revisions of what they wrote: a lack of strategies how to do it; cognitive overload; certain epistemic beliefs; myside bias; and over-confidence in the quality of one’s own reasoning. The question is: To what degree can each of the CSAV approaches and tools address these five potential obstacles to reflection and self-correction? (shrink)

Why do we formulate arguments? Usually, things such as persuading opponents, finding consensus, and justifying knowledge are listed as functions of arguments. But arguments can also be used to stimulate reflection on one’s own reasoning. Since this cognitive function of arguments should be important to improve the quality of people’s arguments and reasoning, for learning processes, for coping with “wicked problems,” and for the resolution of conflicts, it deserves to be studied in its own right. This contribution develops first steps (...) towards a theory of reflective argumentation. It provides a definition of reflective argumentation, justifies its importance, delineates it from other cognitive functions of argumentation in a new classification of argument functions, and it discusses how reflection on one’s own reasoning can be stimulated by arguments. (shrink)

Technology is not only an object of philosophical reflection but also something that can change this reflection. This paper discusses the potential of computer-supported argument visualization tools for coping with the complexity of philosophical arguments. I will show, in particular, how the interactive and web-based argument mapping software “AGORA-net” can change the practice of philosophical reflection, communication, and collaboration. AGORA-net allows the graphical representation of complex argumentations in logical form and the synchronous and asynchronous collaboration on those “argument maps” on (...) the internet. Web-based argument mapping can overcome limits of space, time, and access, and it can empower users from all over the world to clarify their reasoning and to participate in deliberation and debate. Collaborative and web-based argument mapping tools such as AGORA-net can change the practice of arguing in two dimensions. First, arguing on web-based argument maps in both collaborative and adversarial form can lead to a fundamental shift in the way arguments are produced and debated. It can provide an alternative to the traditional four-step process of writing, publishing, debating, and responding in new writing with its clear distinction between individual and social activities by a process in which these four steps happen virtually simultaneously, and individual and social activities become more closely intertwined. Second, by replacing the linear form of arguments through graphical representations of networks of inferential relations which can grow over time in an infinite space, these tools do not only allow a clear visualization of structures and relations, but also forms of collaboration in which, for example, participants work on different “construction zones” of larger argument maps, or debates are performed at specific points of disagreement on those maps. I introduce the term synergetic logosymphysis to describe a practice that combines these two dimensions of collaborative- and web-based argument mapping. (shrink)

Post-war argumentation theorists have tended to regard argumentation as one thing and mathematical proof as another. Perelman (1958, 1969), for example, defined the word ‘argumentation’ stipulatively as a contrast term to ‘demonstration’: whereas mathematical reasoning as theorized by modern formal logic, he writes, is a matter of deducing theorems from axioms in accordance with stipulated rules of transformation, argumentation aims at gaining the adherence of minds (Perelman 1969, pp. 1–2). Toulmin (1958) contrasted his “jurisprudential model” of argument, according to which (...) the validity of an argument is a matter of its following proper procedure, with a “geometrical model” according to which validity is a matter of its having a proper shape comparable to the shape of a triangle (Toulmin 1958, p. 95). Johnson (2000, pp. 231–232) argues explicitly that a mathematical proof is not an argument.In the collection under review, Andrew Aberdein and Ian Dove have assembled a number of recent. (shrink)

The purpose of this paper is twofold: to give a good account of the argument from ignorance, with a presumptive argumentation scheme, and to raise issues on the work of Walton, the nature of abduction and the concept of epistemic closure. First, I offer a brief disambiguation of how the terms 'argument from ignorance' and 'argumentum ad ignorantiam' are used. Second, I show how attempts to embellish this form of reasoning by Douglas Walton and A.J. Kreider have been unnecessary and (...) unhelpful. Lastly, I offer a full and effective account of the argument from ignorance and discuss the lessons of the analysis.Le but de cet article est double: donner un bon compte rendu de l'argument par l'ignorance, avec un schème d'argumentation présomptif, et soulever des questions sur certains aspects de l’œuvre de Walton, la nature des raisonnements abductifs et le concept de fermeture épistémique. Premièrement, j'offre une brève désambiguïsation de la façon dont les termes «argument par l'ignorance» et «argumentum ad ignorantiam» sont utilisés. Deuxièmement, je montre comment les tentatives de Douglas Walton et de A.J. Kreider d'embellir cette forme de raisonnement ont été ni nécessaires et ni utiles. Enfin, j'offre un compte-rendu complet et utile de l'argument par l'ignorance et je discute des leçons de l'analyse. (shrink)

This paper begins with an assessment of the origin of the term ‘deep disagreement’ to reflect fundamental differences in argument procedure and suggests an alternative explanation of such stalemates that may apply in many cases and does lead to a possible resolution strategy, through discussion of the ordering of certain principles, rather than their acceptance or rejection. Similarities are then drawn with disputes which are supported by conflicting expert opinions and I lay out the advantages of seeking to resolve them (...) through the construction of an epistemic hierarchy. It is noted that while such hierarchies may not be easy to build, and are certainly not fool-proof, their importance is in the provision of a mechanism by which an apparently stalled debate can move forward, leading to a better understanding of the conflicting positions, if not full resolution. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

The appeal to expert opinion is an argument form that uses the verdict of an expert to support a position or hypothesis. A previous scheme-based treatment of the argument form is formalized within a Bayesian network that is able to capture the critical aspects of the argument form, including the central considerations of the expert's expertise and trustworthiness. We propose this as an appropriate normative framework for the argument form, enabling the development and testing of quantitative predictions as to how (...) people evaluate this argument, suggesting that such an approach might be beneficial to argumentation research generally. We subsequently present two experiments as an example of the potential for future research in this vein, demonstrating that participants' quantitative ratings of the convincingness of a proposition that has been supported with an appeal to expert opinion were broadly consistent with the predictions of the Bayesian model. (shrink)

ABSTRACTModern executive politics is characterised by blame games – offensive and defensive symbolic performances by various individual or collective social actors. In this article, I propose a discursive approach to analysing opposition–government blame games where top politicians try to persuade mass audiences to side with them in disputes over government's culpability by using carefully crafted written texts. Drawing insights and concepts from the tradition of discourse-historical studies into political communication as well as the recent literature on blame avoidance in government, (...) I analyse conflicting opinion pieces published by the Prime Minister and the Leader of the Opposition in the UK in the wake of the global financial crisis that developed since 2007. I present a basic functional argument model of attributing and avoiding blame, reconstruct the competing argumentation schemes that help us interpret public debates over the crisis, and show how blame is attached or deflected using various persuasive discursive devices, such as metaphors, lexical cohesion, and ways of framing and positioning, that underlie particular attacks, justifications, or excuses. In conclusion, I emphasise the importance of looking beyond the formal structure of the arguments to identify the more subtle emotional appeals used in government-related blame games. (shrink)

In this paper, it is argued that the most fruitful approach to developing normative models of argument quality is one that combines the argumentation scheme approach with Bayesian argumentation. Three sample argumentation schemes from the literature are discussed: the argument from sign, the argument from expert opinion, and the appeal to popular opinion. Limitations of the scheme-based treatment of these argument forms are identified and it is shown how a Bayesian perspective may help to overcome these. At the same time, (...) the contributions of the standard scheme-based approach are highlighted, and it is argued that only a combination of the insights of different traditions will yield a complete normative theory of argument quality. (shrink)

Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (shrink)

This article discusses “auditory” arguments: arguments in which non-verbal sounds play a central role. It provides examples and explores the use of sounds in argument and argumentation. It argues that auditory arguments are not reducible to verbal arguments but have a similar structure and can be evaluated by extending standard informal logic accounts of good argument. I conclude that an understanding of auditory elements of argument can usefully expand the scope of informal logic and argumentation theory.

In a series of recent papers beginning with their “Splitting a difference of opinion: The shift to negotiation” Jan Albert van Laar and Erik Krabbe claim that it is sometimes reasonable to shift from a critical discussion to a negotiation in order to settle a difference of opinion. They argue that their proposal avoids the fallacies of bargaining and middle ground. Against this permissive policy for shifting to negotiation, we argue that the motivating reasons for such shifts typically fail, and (...) that the permissive policy avoids neither fallacy while structurally incentivizing two types of strategic maneuvering that constitute rational and argumentative hazards: argumentative overcharge and abandonment of discussion. (shrink)

This paper offers a probabilistic treatment of the conditions for argument cogency as endorsed in informal logic: acceptability, relevance, and sufficiency. Treating a natural language argument as a reason-claim-complex, our analysis identifies content features of defeasible argument on which the RSA conditions depend, namely: change in the commitment to the reason, the reason’s sensitivity and selectivity to the claim, one’s prior commitment to the claim, and the contextually determined thresholds of acceptability for reasons and for claims. Results contrast with, and (...) may indeed serve to correct, the informal understanding and applications of the RSA criteria concerning their conceptual dependence, their function as update-thresholds, and their status as obligatory rather than permissive norms, but also show how these formal and informal normative approachs can in fact align. (shrink)

Primeiramente, oferecemos uma apresentação teórica da representação do pensamento prático, começando pela distinção entre silogismo dialético e silogismo demonstrativo. Fazemos referência à crítica de Toulmin contra o dedutivismo dominante de seu tempo. Em seguida, fornecemos argumentos para apoiar a relevância heurística do modelo de Toulmin para entender a discussão sobre a inclusão da lógica padrão na representação do pensamento comum. Afirmamos que o projeto analítico toulmaniano permite entender, com clareza metódica, a derrotabilidade dos argumentos do senso comum por meio da (...) investigação da noção modal de probabilidade na linguagem comum. First, we offer theoretical resemblance of the representation of practical reasoning, beginning with the distinction between demonstrative and dialectical syllogism. We make reference to the Toulmin’s critique against to the dominant deductivism in his time. Then we give arguments to sustain the heuristic relevance of Toulmin’s model to understand the discussion about the inclusion of default logics in the representation of ordinary reasoning. We assert that the Toulminian analytic design allows to understand, with methodical clarity, the defeasibility of common sense arguments by means of the investigation of the modal notion of probability in ordinary language. (shrink)

Following a linguistic-descriptivist approach, Marianne Doury has studied debates about “parasciences”, discovering that “parascientists” frequently argue by “appeal to Galileo” ; opponents object by criticizing the analogy, charging fallacy, and appealing to counter-examples. I argue that Galilean appeals are much more widely used, by creationists, global-warming skeptics, advocates of “settled science”, great scientists, and great philosophers. Moreover, several subtypes should be distinguished; critiques questioning the analogy are proper; fallacy charges are problematic; and appeals to counter-examples are really indirect critiques of (...) the analogy. (shrink)

This is a critical appreciation of Govier’s 2006 ISSA keynote address on the fallacy of composition, and of economists’ writings on this fallacy in economics. I argue that the “fallacy of composition” is a problematical concept, because it does not denote a distinctive kind of argument but rather a plurality, and does not constitute a distinctive kind of error, but rather reduces to oversimplification in arguing from micro to macro. Finally, I propose further testing of this claim based on examples (...) involving public vs. private debt in economics; oligarchic tendencies in politics, and the emergence of societal wholes in sociology. (shrink)

A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as BNs. Hence, where (...) BNs have been used in the legal context, they are presented as completed pieces of work, with no insights into the reasoning and working that must have gone into their construction. This means the process of building BNs for legal arguments is ad hoc, with little possibility for learning and process improvement. This article directly addresses this problem by describing a method for building useful legal arguments in a consistent and repeatable way. The method complements and extends recent work by Hepler, Dawid, and Leucari (2007) on object-oriented BNs for complex legal arguments and is based on the recognition that such arguments can be built up from a small number of basic causal structures (referred to as idioms). We present a number of examples that demonstrate the practicality and usefulness of the method. (shrink)

According to the Bayesian paradigm in the psychology of reasoning, the norms by which everyday human cognition is best evaluated are probabilistic rather than logical in character. Recently, the Bayesian paradigm has been applied to the domain of argumentation, where the fundamental norms are traditionally assumed to be logical. Here, we present a major generalisation of extant Bayesian approaches to argumentation that utilizes a new class of Bayesian learning methods that are better suited to modelling dynamic and conditional inferences than (...) standard Bayesian conditionalization, is able to characterise the special value of logically valid argument schemes in uncertain reasoning contexts, greatly extends the range of inferences and argumentative phenomena that can be adequately described in a Bayesian framework, and undermines some influential theoretical motivations for dual function models of human cognition. We conclude that the probabilistic norms given by the Bayesian approach to rationality are not necessarily at odds with the norms given by classical logic. Rather, the Bayesian theory of argumentation can be seen as justifying and enriching the argumentative norms of classical logic. (shrink)

A pervasive feature of populism is the use of rescue narratives to stimulate emotional adherence with audience predicated on evoking fear versus hope for salvation. This paper argues that restricting the rhetorical appeal of rescue narratives to the affective domain obscures the argumentative function that these narratives partake in constructing political arguments. It, thus, claims that rescue narratives can perform as arguments when used to provide reasons to justify political action. The paper examines the way(s) Donald Trump employs rescue narratives (...) as arguments to justify military interventions in Iraq and Syria. The analytical framework supplements the argumentative strategies of the Discourse-Historical Approach to Critical Discourse Studies with pragma-dialectics’ argumentation schemes. The analysis shows that the different elements of the narrative construct premises for argument schemes adduced to justify the rightness of claims. Conceptualizing Trump’s rescue narratives as arguments prompts a reflection on the possibility of narrative discourse to be associated with the domain of reason. (shrink)

In light of recent developments in argumentation theory, we begin by considering the account that Aristotle gives of what he calls sophistical refutations and of the usefulness of being able to recognise various species of them. His diagnosis of one of his examples of the grouping that he labels epomenon is then compared with a very recent account of the matter, which, like Aristotle, calls on us to attribute a mistake or confusion to anyone who uses this kind of argument. (...) From examination of three other examples that Aristotle himself supplies of epomenon, it appears that there are cases of inferences of this kind that we need not, and perhaps cannot, avoid making. The suggestion is made that this is because the whole family of what Peirce calls abductions have important characteristics in common with epomenon. (shrink)

In defending a new framework for incorporating metacognitive debiasing strategies into critical thinking education, Jeffrey Maynes draws on ecological rationality theory to argue that in felicitous environments, agents will achieve greater epistemic success by relying on heuristics rather than more ideally rational procedures. He considers a challenge presented by Mercier and Sperber’s “interactionist” thesis that individual biases contribute to successful group reasoning. I argue that the challenge can be met without assuming an individualist ideal of the critical thinker as a (...) solitary reasoner. Focusing on cognitive laziness and myside bias, I then argue that a more complete reckoning with the implications of interactionism about reasoning will require us to transcend individualism more fully to embrace the selection, design, regulation, and navigation of dialogic environments as central pedagogical aims of critical thinking education. (shrink)

To adequately model mathematical arguments the analyst must be able to represent the mathematical objects under discussion and the relationships between them, as well as inferences drawn about these objects and relationships as the discourse unfolds. We introduce a framework with these properties, which has been used to analyse mathematical dialogues and expository texts. The framework can recover salient elements of discourse at, and within, the sentence level, as well as the way mathematical content connects to form larger argumentative structures. (...) We show how the framework might be used to support computational reasoning, and argue that it provides a more natural way to examine the process of proving theorems than do Lamport’s structured proofs. (shrink)

In argumentation studies, almost all theoretical proposals are applied, in general, to the analysis and evaluation of argumentative products, but little attention has been paid to the creative process of arguing. Mathematics can be used as a clear example to illustrate some significant theoretical differences between mathematical practice and the products of it, to differentiate the distinct components of the arguments, and to emphasize the need to address the different types of argumentative discourse and argumentative situation in the practice. I (...) consider some issues of recent papers associated with mathematical argumentation in an attempt to contribute to the discussion about the role of arguing in mathematical practice and in the evaluation of the products of this practice. I apply this discussion to learning environments to defend the thesis that argumentative practice should be encouraged when teaching technical subjects to convey a better understanding and to improve thought and creativity. (shrink)

The aim of this paper is to provide a model that allows the representation and analysis of circularity in ethotic structures, i.e. in communication structures related to the speaker’s character and in particular, his credibility. The paper studies three types of cycles: in self-referential sentences, embedded testimony and ethotic begging the question. It is shown that standard models allow the reconstruction of the circularities only if those circular utterances are interpreted as ethotic arguments. Their alternative, assertive interpretation requires enriching the (...) existing models with a purely ethotic component related to the credibility of the performer of any (not necessarily argumentative) speech act. (shrink)

Ethotic arguments, such as arguments from expert opinion and ad hominem arguments, play an important role in communication practice. In this paper, we argue that there is another type of reasoning from ethos, in which people argue about actions in the world. These subspecies of ethotic arguments are very common in public debates: societies are involved in heated disputes about what should be done with monuments of historical figures such as Stalin or Colston: Should we demolish the building they funded? (...) Should we revere their statues? Should the street named after them be renamed?; and the general public vividly argue about what should be done with the legacy of producers, directors and actors in debates of the #MeToo movement: Should their new movies be distributed? Should their scenes be deleted from motion pictures? Should their stars from the Hollywood Walk of Fame be removed? Many arguments in these debates boil down to the character of the public figures: He was a slave trader!—But he is a part of our history; He harassed a young girl!—But he is an important actor. The reasoning step here is legitimised by the association between a person and an extra-linguistic object: the association between a historical figure and their statue or between an actor and their movie. The nature of this association is explained in the paper using Peirce’s theory of signs. We propose to extend an existing approach to patterns of reasoning from ethos that will help us to shed new light on ethotic argumentation and open an avenue for a systematic account of these unexplored argument forms. (shrink)

En el presente artículo utilizamos el concepto de filosofía formalizada de Hansson, así como las categorías de idealización simplificada y perfeccionista que se le asocian, con el fin de proponer un metaanálisis de tres enfoques teóricos de la argumentación, a saber, la pragmadialéctica de van Eemeren y Grootendorst, los esquemas argumentativos de Walton y el enfoque conversacional de Jacobs y Jackson, en relación con el tratamiento de las falacias como un tipo de trasgresión de reglas pragmáticas. Concluimos que mientras las (...) dos primeras están ancladas en una concepción centralizada de lo falaz, la tercera abandona toda posibilidad de normatividad. (shrink)

The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...) have a closely analogous pragmatic function, i.e., that practical and cognitive presumptions are made to avoid greater harm in circumstances of epistemic uncertainty. By comparing schemes of practical and cognitive reasoning, I show that Rescher’s contention requires qualifications. Moreover, not only do practical and cognitive presumptions have distinct pragmatic functions, but they also perform different dialogical functions and, in some circumstances, cannot be defeated by the same kinds of evidence. Hence, I conclude that the two classes of presumptions merit distinct treatment in argumentation theory. (shrink)

By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. (...) There are three main reasons. First, the argument from ignorance, unlike typical presumptive reasoning, is a negative kind of inference. Second, the typical initial presumption is sensitive to a broader set of defeaters and thus assumes a higher standard of acceptability. Third, in dialectical terms, initial presumption and argument from ignorance bring different attacking rights and obligations. I conclude that Waltonian intuition is unsupported or, at best, is limited only to practical presumptions and practical arguments from ignorance. (shrink)

In this paper we present an interdisciplinary approach that concerns the problem of argument acceptance in an agronomy setting. We propose a computational cognitive model for argument acceptance based on the dual model system in cognitive psychology. We apply it in an agronomy setting within a French national project on durum wheat.

In this paper, we continue our research on a hybrid narrative-argumentative approach to evidential reasoning in the law by showing the interaction between factual reasoning (providing a proof for ‘what happened’ in a case) and legal reasoning (making a decision based on the proof). First we extend the hybrid theory by making the connection with reasoning towards legal consequences. We then emphasise the role of legal stories (as opposed to the factual stories of the hybrid theory). Legal stories provide a (...) coherent, holistic legal perspective on a case. They steer what needs to be proven but are also selected on the basis of what can be proven. We show how these legal stories can be used to model a shift of the legal perspective on a case, and we discuss how gaps in a legal story can be filled using a factual story (i.e. the process of reasoning with circumstantial evidence). Our model is illustrated by a discussion of the Dutch Wamel murder case. (shrink)

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (shrink)

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

This paper offers insights into the nature and design of critical questions as they are found in argumentation schemes. In the first part of the paper, I address some general concerns regarding their purpose and formulation. These include a discussion of their evaluative function, their relationship with the patterns of reasoning they accompany, as well as the differing formulations of critical questions currently on offer. I argue that the purpose of critical questions for humans ought to be to provide the (...) means for a scalar evaluation of the reasoning at hand. To do so, critical questions should be closely paired with individual premises in the accompanying pattern of reasoning and be open-ended. Doing so allows the roles of raising considerations relevant for the reasoning and scrutinizing those considerations to be clearly distinguished. In the second part of the paper, I offer a positive methodological proposal for the construction of questions and premises that aims at overcoming a number of the individual and systematic shortcomings of extant question styles. The paper concludes by arguing that the newly proposed approach is both normatively strong and practically useful for argumentation in context. (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.

The development of a framework for coding argumentations schemes in the transcripts of classroom dialogical deliberations on controversial, socioscientific topics is described. Arriving at a coding framework involved resolving a number of complex issues and challenges that are discussed in order to create practical remedies. The description of the development process is based on audio recordings and written exchanges between the authors as they attempted to resolve differences in the interpretation and application of argumentation schemes . These deliberations address theoretical (...) and practical concerns for adapting notions of argumentation schemes to the practical context of analyzing authentic classroom interactions. The framework was developed to accommodate research and curriculum development in school science education. A practical framework for analyzing argumentation in authentic classroom contexts is proposed and implications for science education and argumentation theory are raised. (shrink)

The straw man fallacy consists in inappropriately constructing or selecting weak versions of the opposition’s arguments. We will survey the three forms of straw men recognized in the literature, the straw, weak, and hollow man. We will then make the case that there are examples of inappropriately reconstructing stronger versions of the opposition’s arguments. Such cases we will call iron man fallacies. The difference between appropriate and inappropriate iron manning clarifies the limits of the virtue of open-mindedness.

The published works of scientists often conceal the cognitive processes that led to their results. Scholars of mathematical practice must therefore seek out less obvious sources. This article analyzes a widely circulated mathematical joke, comprising a list of spurious proof types. An account is proposed in terms of argumentation schemes: stereotypical patterns of reasoning, which may be accompanied by critical questions itemizing possible lines of defeat. It is argued that humor is associated with risky forms of inference, which are essential (...) to creative mathematics. The components of the joke are explicated by argumentation schemes devised for application to topic-neutral reasoning. These in turn are classified under seven headings: retroduction, citation, intuition, meta-argument, closure, generalization, and definition. Finally, the wider significance of this account for the cognitive science of mathematics is discussed. (shrink)

Some authors have begun to appeal directly to studies of argumentation in their analyses of mathematical practice. These include researchers from an impressively diverse range of disciplines: not only philosophy of mathematics and argumentation theory, but also psychology, education, and computer science. This introduction provides some background to their work.

In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme is shown (...) by means of critical questions, which identify the default conditions for the accepting interpretative arguments and provide a method for evaluating a given argument as weak or strong. (shrink)

Cancellability is an essential feature of implicatures. However, its reliability has been challenged by several cases and examples in which conversational implicatures seem to be hard or even impossible to cancel. Should it then be concluded that not all implicatures are cancellable, and therefore Grice's cancellability test should be weakened or abandoned? The present paper addresses this problem by drawing a distinction between theoretical and practical cancellability, where the latter concept captures the (un)reasonableness of explicit or contextual cancellation. By analyzing (...) three legal cases of misleading advertising, I show how the indefensibility of an interpretation can account for the practical uncancellability of an implicature. To explain and account for the reasonableness of an interpretation, the presumptive inferences involved must be reconstructed and evaluated considering different dimensions, such as the conversational context and the associated presumptions. (shrink)