In academic contexts the appeal to authority is a quite common but seldom tested argument, either because we accept the authority without questioning it, or because we look for alternative experts or reasons to support a different point of view. But, by putting ourselves side by side an already accepted authority, we often rhetorically manoeuvre to displace the burden of the proof to avoid the fear to present our opinions and to allow face saving.

I characterize the deductivist ideal of justification and, following to a great extent Toulmin’s work The Uses of Argument, I try to explain why this ideal is erroneous. Then I offer an alternative model of justification capable of making our claims to knowledge about substantial matters sound and reasonable. This model of justification will be based on a conception of justification as the result of good argumentation, and on a model of argumentation which is a pragmatic linguistic reconstruction of Toulmin’s (...) model of argument. (shrink)

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)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

This paper investigates the emotive (or expressive) meaning of words commonly referred to as “loaded” or “emotive,” which include slurs, derogative or pejorative words, and ethical terms. We claim that emotive meaning can be reinterpreted from a pragmatic and argumentative perspective, which can account for distinct aspects of ethical terms, including the possibility of being modified and its cancellability. Emotive meaning is explained as a defeasible and automatic or automatized evaluative and intended inference commonly associated with the use of specific (...) terms, which can be represented and assessed considering its logical structure and its defeasibility conditions. This automatic inference is conceived as part of the connotation of an ethical term, and is not necessarily stable. By means of quasi-definitions, it is possible to modify the emotive meaning while maintaining the descriptive one, automaticizing the inferences drawn from an ethical word. Through examples drawn from the recent US presidential campaign, we show how re-contextualization and emotive contexts can affect emotive meaning. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...) full understanding of causal argumentation. (shrink)

Walter Sinnott-Armstrong argues that moral disagreement and widespread moral bias pose a serious problem for moral intuitionism. Seneca’s view that we just recognise the good could be criticised using a similar argument. His approach to argumentation offers a way out, one that may serve as a model for a revisionary intuitionism.

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

One of the crucial problems of argumentation schemes as illustrated in (Walton, Reed & Macagno 2008) is their practical use for the purpose of analyzing texts and producing arguments. The high number and the lack of a classification criterion make this instrument extremely difficult to apply practically. The purpose of this paper is to analyze the structure of argumentation schemes and outline a possible criterion of classification based on alternative and mutually-exclusive possibilities. Such a criterion is based not on what (...) an argument is, but how it can be understood and interpreted. The schemes are grouped according to an end-means principle, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.

Together with the first volume “Inquiries in philosophical pragmatics: Theoretical developments,” this book collects contributions that represent the state of the art on the interconnection between pragmatics and philosophy. While the first volume presents the philosophical dimension of pragmatics, showing the path from theoretical advances to practical uses and approaches, this second volume offers a specular view on this discipline. Instead of adopting the top-down view of the first volume, this collection of eleven chapters starts from the analysis of linguistic (...) data – which include texts and discourses in different languages, different types of dialogues, different types of interactions, and different modes for expressing meaning – looking for the regularities that govern our production and processing. The chapters are ordered according to their relationship with the themes and methods that define the field of pragmatics. The more explored and classical linguistic issues such as prototype-based generalizations, scalar implicatures, and temporal ordering, lead gradually to the more recent and debated topic of slurs and pejorative language, and finally to the interdisciplinary and more pioneering works addressing specific context of language use, such as marketplace interactions, courtroom speeches, schizophrenic discourse, literary texts for children, and multimedia communication. (shrink)

J. Anthony Blair is a prominent international figure in argumentation studies. He is among the originators of informal logic, an author of textbooks on the informal logic approach to argument analysis and evaluation and on critical thinking, and a founder and editor of the journal Informal Logic. Blair is widely recognized among the leaders in the field for contributing formative ideas to the argumentation literature of the last few decades. This selection of key works provides insights into the history of (...) the field of argumentation theory and various related disciplines. It illuminates the central debates and presents core ideas in four main areas: Critical Thinking, Informal Logic, Argument Theory and Logic, Dialectic and Rhetoric. (shrink)

Topical Themes in Argumentation Theory brings together twenty exploratory studies on important subjects of research in contemporary argumentation theory. The essays are based on papers that were presented at the 7th Conference of the International Society for the Study of Argumentation in Amsterdam in June 2010. They give an impression of the nature and the variety of the kind of research that has recently been carried out in the study of argumentation. The volume starts with three essays that provide stimulating (...) theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

Arguing that our attachment to Aristotelian modes of discourse makes a revision of their conceptual foundations long overdue, the author proposes the consideration of unacknowledged factors that play a central role in argument itself. These are in particular the subjective imprint and the dynamics of argumentation. Their inclusion in a four-dimensional framework and the focus on thesis validity allow for a more realistic view of our discourse practice. Exhaustive analyses of fascinating historical and contemporary arguments are provided. These range from (...) Columbus’s advocacy of the Western Passage to India, over the trial of King Louis XVI during the French Revolution, to today’s highly charged controversies surrounding euthanasia and embryo research. Excavating foundational issues such as the purpose of argument itself and the contested role of argument as a generator of knowledge, the book culminates in a discussion of the relationship between rationality and reasonableness and criticizes the restrictions of ‘rational’ argument relying on fixed logical, economic or cultural criteria that in reality are mutable. Here, a true, open argument requires the infusion of Paul Lorenzen’s principle of ‘transsubjectivity’, which recognizes but transcends the partiality of the individual and which can be seen in the pragmatic and expanding consensus that humanity can control itself to safeguard the future of a fragile, damaged world. (shrink)

This volume focuses on dialogue and argumentation in contexts which are marked by truculence and discord. The contributors include well known argumentation scholars who discuss the issues this raises from the point of view of a variety of disciplines and points of view. The authors seek to address theoretically challenging issues in a way that is relevant to both the theory and the practice of argument. The collection brings together selected essays from the 2006 11th Wake Forest University Biennial Argumentation (...) Conference held at Florida Atlantic University in Boca Raton, Florida and the 2012 14th Wake Forest University Biennial Argumentation Conference held at Casa Artom in Venice, Italy. (shrink)

Rhetorical analyses typically characterize structural, topical, and stylistic features of written or spoken argumentative text, and may also consider the context of interaction as well as the epistemic and social standing of participants as these relate to the goals of gaining, sustaining, and strengthening an audience’s adherence to a thesis or a course of action. Such considerations, broadly conceived, are taken to constitute rhetorical insights, insofar as they bear on effecting audience persuasion or, for that matter, fail to do so. (...) In the following, I am concerned with the question what a normative approach to argumentation may stand to gain from rhetorical insights. First, I follow Thomas Conley .. (shrink)

In Swiss semi-direct democracy, citizens are often summoned to the polls. To vote reasonably, they need to be properly informed. The media therefore have the responsibility to provide them with arguments for and against each issue of voting. Here, we focus on argumentation in a television ‘civic debate’ about abolishing compulsory military service. To provide a unified and integrated overview of the debate dynamics, we combine the Dialogical Model of Argumentation and the Argumentum Model of Topics, which share a similar (...) emphasis on the discursive dimension of argumentation. This analysis underlines the importance of linguistic and communicative resources and procedures, without neglecting the macro socio-political environment of the debate. (shrink)

According to the argument scheme approach, to evaluate a given scheme-saturating instance completely does entail asking all critical questions relevant to it. Although this is a central task for argumentation theorists, the field currently lacks a method for providing a complete argument evaluation. Approaching this task at the meta-level, we combine a logical with a substantive approach to the argument schemes by starting from Toulmin’s schema: ‘data, warrant, so claim’. For the yet more general schema: ‘premise; if premise, then conclusion; (...) so conclusion’, we forward a meta-level CQ-list that is arguably both complete and applicable. This list should inform ongoing theoretical efforts at generating appropriate object-level CQs for specific argument schemes. (shrink)

Whether abduction is treated as an argument or as an inference, the mainstream view presupposes a tight connection between abduction and inference to the best explanation. This paper critically evaluates this link and supports a narrower view on abduction. Our main thesis is that merely the hypothesis-generative aspect, but not the evaluative aspect, is properly abductive in the sense introduced by C. S. Peirce. We show why equating abduction with IBE unnecessarily complicates argument evaluation by levelling the status of abduction (...) as a third reasoning mode. We also propose a scheme for abductive argument along with critical questions, and suggest retaining abduction alongside IBE as related but distinct categories. (shrink)

Instances of the ad baculum argument (also known as the threat appeal argument or the argument from threat) are common in both private and public sphere discourse. Although contemporary argumentation scholarship recognizes these instances as contingently fallacious, the literature lacks not only a well-motivated ad baculum argument scheme but also a complete list of critical questions (CQs). In combining argument scheme and speech act theoretic elements, we formulate the felicity conditions of the speech act of threatening from the viewpoint of (...) a rational third party and use the recognition conditions of this speech act to construct the ad baculum argument scheme and its correctness conditions to construct the CQs. Results include revised felicity conditions of the speech act of threatening, a new ad baculum argument scheme, and a set of arguably complete, functionally distinct CQs. (shrink)

Most people in countries with the highest climate impact per capita are well aware of the climate crisis and do not deny the science. They worry about climate and have climate engaged attitudes. Still, their greenhouse-gas emissions are often high. How can we understand acting contrary to our knowledge? A simple answer is that we do not want to give up on benefits or compromise our quality of life. However, it is painful to live with discrepancies between knowledge and action. (...) To be able to avoid taking the consequences of our knowledge, we deal with the gap by motivating to ourselves that the action is still acceptable. In this article, we use topical analysis to examine such processes of motivation by looking at the internal deliberation of 399 climate engaged people’s accounts of their reasoning when acting against their own knowledge. We found that these topical processes can be described in at least four different ways which we call rationalization, legitimization, justification and imploration. By focusing on topoi we can make visible how individual forms of reasoning interact with culturally developed values, habits and assumptions in creating enthymemes. We believe that these insights can contribute to understanding the conditions for climate transition communication. (shrink)

Jednym z najważniejszych celów kursów krytycznego myślenia powinno być dostarczenie słuchaczom narzędzi pomocnych w podejmowaniu trafnych decyzji w codziennym życiu. Podczas takich kursów wiele uwagi poświęca się zazwyczaj wyrabianiu u studentów umiejętności oceny argumentów. W niniejszym artykule próbuję odpowiedzieć na pytanie – jaka metoda oceny argumentów najlepiej nadaje się do zastosowania podczas kursów krytycznego myślenia? Jak sądzę, metoda taka powinna być możliwie najbardziej intuicyjna, „przyjazna użytkownikowi” – prosta zarówno do opanowania, jak i późniejszego stosowania. Są to warunki konieczne do tego, (...) aby osoby, które ukończyły kurs, faktycznie wykorzystywały ją w codzienny sytuacjach. W artykule opisuję metodę oceny argumentów, która, jak mi się wydaje, spełnia te warunki. Metoda ta opiera się przede wszystkim na koncepcjach S.N. Thomasa i M. Tokarza. Jej szczegóły, a także sposób prezentowania jej studentom, wypracowałem podczas prowadzonych przeze mnie kursów z zakresu logiki nieformalnej i krytycznego myślenia. (shrink)

Practical reasoning as an important form of argumentation in politics has received limited research attention in critical discourse studies despite the proposal of an analytical model. Focusing on argument development surrounding events related to the extradition bill crisis of Hong Kong, this paper analyzes 48 editorials published in the South China Morning Post during the crisis period adopting Fairclough’s model. A number of recurrent themes have been identified in the corpus in association with the four argument components within the model (...) – Claims, Goals, Values and Circumstances – which may increase understanding of the social contexts of the extradition bill crisis. It is further argued that, although Fairclough’s model may not capture the arguments in individual editorials comprehensively, the model can be usefully applied to analyze a collection of interrelated editorials to reveal more insights about an ongoing political crisis. (shrink)

This paper combines methods of argumentation theory and artificial intelligence to extend existing work on the dialectical structure of crossexamination. The existing method used conflict diagrams to search for inconsistent statements in the testimony of a witness. This paper extends the method by using the inconsistency of commitments to draw an inference by the ad hominem argumentation scheme to the conclusion that the testimony is unreliable because of the bad ethical character for veracity of the witness.

This paper combines three computational argumentation systems to model the sequence of argumentation in a famous murder trial and the appeal procedure that followed. The paper shows how the argumentation scheme for argument from expert opinion can be built into a testing procedure whereby an argument graph is used to interpret, analyze and evaluate evidence-based natural language argumentation of the kind found in a trial. It is shown how a computational argumentation system can do this by combining argument schemes with (...) argumentation graphs. Frighteningly, it is also shown by this example that when there are potentially confusing conflicting arguments from expert opinion, a jury can only too easily accept a conclusion prematurely before considering critical questions that need to be asked. (shrink)

This article applies tools from argumentation theory to slippery slope arguments used in current ethical debates on genetic engineering. Among the tools used are argumentation schemes, value-based argumentation, critical questions, and burden of proof. It is argued that so-called drivers such as social acceptance and rapid technological development are also important factors that need to be taken into account alongside the argumentation scheme. It is shown that the slippery slope argument is basically a reasonable form of argument, but is often (...) flawed when used in ethical debates because of failures to meet the requirements of its scheme. (shrink)

Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (shrink)

Although studies have yielded a detailed taxonomy of types of slippery slope arguments, they have failed to identify a basic argumentation scheme that applies to all. Therefore, there is no way of telling whether a given argument is a slippery slope argument or not. This paper solves the problem by providing a basic argumentation scheme. The scheme is shown to fit a clear and easily comprehensible example of a slippery slope argument that strongly appears to be reasonable, something that has (...) also been lacking. (shrink)

In this paper a hybrid model of argument from analogy is presented that combines argumentation schemes and story schemes. One premise of the argumentation scheme for argument from analogy in the model claims that one case is similar to another. Story schemes are abstract representations of stories (narratives, explanations) based on common knowledge about how sequences of actions and events we are familiar with can normally be expected to unfold. Story schemes are used (a) to model similarity between two cases, (...) and (2) as the basis of evidence to support the similarity premise of an argument from analogy. Four examples of argument from analogy are used to test the theory. (shrink)

In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of (...) episode schemes, we can get a clearer idea of how it integrates with the use of argument from classification and argument from precedent in case-based reasoning by using a dialogue structure. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

In this paper it is shown how plausible reasoning of the kind illustrated in the ancient Greek example of the weak and strong man can be analyzed and evaluated using a procedure in which the pro evidence is weighed against the con evidence using formal, computational argumentation tools. It is shown by means of this famous example how plausible reasoning is based on an audience’s recognition of situations of a type they are familiar with as normal and comprehensible in their (...) shared common knowledge. The paper extends previous work on this example by using three new multiagent argumentation schemes closely related to the scheme for argument from negative consequences. (shrink)

This paper takes an argumentation approach to find the place of trust in a method for evaluating arguments from expert opinion. The method uses the argumentation scheme for argument from expert opinion along with its matching set of critical questions. It shows how to use this scheme in three formal computational argumentation models that provide tools to analyse and evaluate instances of argument from expert opinion. The paper uses several examples to illustrate the use of these tools. A conclusion of (...) the paper is that from an argumentation point of view, it is better to critically question arguments from expert opinion than to accept or reject them based solely on trust. (shrink)

This paper compares the features and methods of the two leading implemented systems that offer a tool for helping a user to find or invent arguments to support or attack a designated conclusion, the Carneades Argumentation System and the IBM Watson Debater tool. The central aim is to contribute to the understanding of scholars in informal logic, rhetoric and argumentation on how these two software systems can be useful for them. One contribution of the paper is to explain to these (...) potential users how the two tools are applicable to the task of inventing arguments by using some simple illustrative examples. Another is to redefine the structure of argument invention as a procedure. (shrink)

Eight structural criteria are developed as part of a dialogical method by testing them against seven examples of arguments from negative consequences. The aim is to provide a method for evaluating the arguments in the examples as fallacious or not. It is shown that any method that can be satisfactorily used to evaluate such examples needs to be based on two techniques. The first is careful application of argumentation underlying shifts from one type of dialog to another schemes. The second (...) is consideration of contextual factors concerning. (shrink)

This paper argues that some traditional fallacies should be considered as reasonable arguments when used as part of a properly conducted dialog. It is shown that argumentation schemes, formal dialog models, and profiles of dialog are useful tools for studying properties of defeasible reasoning and fallacies. It is explained how defeasible reasoning of the most common sort can deteriorate into fallacious argumentation in some instances. Conditions are formulated that can be used as normative tools to judge whether a given defeasible (...) argument is fallacious or not. It is shown that three leading violations of proper dialog standards for defeasible reasoning necessary to see how fallacies work are: (a) improper failure to retract a commitment, (b) failure of openness to defeat, and (c) illicit reversal of burden of proof. (shrink)

This paper has three dimensions, historical, theoretical and social. The historical dimension is to show how the Ciceronian system of dialectical argumentation served as a precursor to computational models of argumentation schemes such as Araucaria and Carneades. The theoretical dimension is to show concretely how these argumentation schemes reveal the interdependency of rhetoric and logic, and so the interdependency of the normative with the empirical. It does this by identifying points of disagreement in a dialectical format through using argumentation schemes (...) and critical questions. The social dimension is to show how the Ciceronian dialectical viewpoint integrates with the use of computational tools that can be used to support the principle of reason-based deliberation and facilitate deliberative democracy. (shrink)

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...) for argument from fairness is shown to be based on a special principle in Perelman’s theory of justice. (shrink)

Abstract This paper addresses the role that argumentation schemes and argument visualization software tools can play in helping to find and counter objections to a given argument one is confronted with. Based on extensive analysis of features of the argumentation in these two examples, a practical four-step method of finding objections to an argument is set out. The study also applies the Carneades Argumentation System to the task of finding objections to an argument, and shows how this system has some (...) capabilities that are especially useful. Content Type Journal Article Pages 1-23 DOI 10.1007/s10503-012-9261-z Authors Douglas Walton, Centre for Research in Reasoning, Argumentation and Rhetoric (CRRAR), University of Windsor, 2500 University Ave. W., Windsor, ON N9B 3Y1, Canada Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)

Plausible (eikotic) reasoning known from ancient Greek (late Academic) skeptical philosophy is shown to be a clear notion that can be analyzed by argumentation methods, and that is important for argumentation studies. It is shown how there is a continuous thread running from the Sophists to the skeptical philosopher Carneades, through remarks of Locke and Bentham on the subject, to recent research in artificial intelligence. Eleven characteristics of plausible reasoning are specified by analyzing key examples of it recognized as important (...) in ancient Greek skeptical philosophy using an artificial intelligence model called the Carneades Argumentation System (CAS). By applying CAS to ancient examples it is shown how plausible reasoning is especially useful for gaining a better understanding of evidential reasoning in law, and argued that it can also be applied to everyday argumentation. Our analysis of the snake and rope example of Carneades is also used to point out some ways CAS needs to be extended if it is to more fully model the views of this ancient philosopher on argumentation. (shrink)

In this paper we show that an essential aspect of solving the problem of uncritical acceptance of expert opinions that is at the root of the ad verecundiam fallacy is the need to disentangle argument from expert opinion from another kind of appeal to authority. Formal and computational argumentation systems enable us to analyze the fault in which an error has occurred by virtue of a failure to meet one or more of the requirements of the argumentation scheme from argument (...) from expert opinion. We present a method for enhancing this capability by showing how arguments from expert opinion are related to, but different from, arguments from deontic authority. (shrink)

This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...) two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels. (shrink)

This article describes the Vaccine/Injury Project Corpus, a collection of legal decisions awarding or denying compensation for health injuries allegedly due to vaccinations, together with models of the logical structure of the reasoning of the factfinders in those cases. This unique corpus provides useful data for formal and informal logic theory, for natural-language research in linguistics, and for artificial intelligence research. More importantly, the article discusses lessons learned from developing protocols for manually extracting the logical structure and generating the logic (...) models. It identifies sub-tasks in the extraction process, discusses challenges to automation, and provides insights into possible solutions for automation. In particular, the framework and strategies developed here, together with the corpus data, should allow “top–down” and contextual approaches to automation, which can supplement “bottom-up” linguistic approaches. Illustrations throughout the article use examples drawn from the Corpus. (shrink)

This paper applies dialectical argumentation structures to the problem of analyzing the ad baculum fallacy. It is shown how it is necessary in order to evaluate a suspected instance of the this fallacy to proceed through three levels of analysis: an inferential level, represented by an argument diagram, a speech act level, where conditions for specific types of speech acts are defined and applied, and a dialectical level where the first two levels are linked together and fitted into formal dialogue (...) structures. The paper adds a new type of dialogue called advising dialogue that needs to be applied at the third level. (shrink)

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