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)

While defeasibility in legal reasoning has been the subject of recent scholarship, it has yet to be studied in the context of judicial opinion. Yet, being subject to appeal, judicial decisions can default for a variety of reasons. Prakken (2001) argued that the defeasibility affecting reasoning involved in adversarial legal argumentation is best analysed as procedural rather than logical. In this paper we argue that the defeasibility of ratio decendi is similarly best explained and modeled in a procedural and dialectical (...) framework. We propose that appeals are best understood as meta-dialogues about the reasoned dialogue occurring in the initial trial. (shrink)

The standard account of denying the antecedent (DA) is that it is a deductively invalid form of argument, and that, in a conditional argument, to argue from the falsity of the antecedent to the falsity of the consequent is always fallacious. In this paper, we argue that DA is not always a fallacious argumentative strategy. Instead, there is a legitimate usage of DA according to which it is a defeasible argument against the acceptability of a claim. The dialectical effect of (...) denying the antecedent is to shift the burden of proof back to the original proponent of a claim. We provide a model of this non-fallacious usage which is built upon pragmatic models of argumentation. (shrink)

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has (...) the effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

This is an introductory guide to the basic principles of constructing good arguments and criticizing bad ones. It is nontechnical in its approach, and is based on 150 key examples, each discussed and evaluated in clear, illustrative detail. The author explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound argument strategies for reasoned persuasion and critical questions for responding. Among the many subjects covered are: techniques of posing, (...) replying to, and criticizing questions, forms of valid argument, relevance, appeals to emotion, personal attack, uses and abuses of expert opinion, problems in deploying statistics, loaded terms, equivocation, and arguments from analogy. (shrink)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

A problem for dialogue models of argumentation is to specify a set of conditions under which an opponent’s claims, offered in support of a standpoint under dispute, ought to be challenged. This project is related to the issue of providing a set of acceptability conditions for claims made in a dialogue. In this paper, we consider the conditions of suspicion and trust articulated by Jacobs (Alta, 2003), arguing that neither are acceptable as general conditions for challenge. We propose a third (...) condition that attempts to mark a middle ground between suspicion and trust. (shrink)

. While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...) a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

The Nature and Status of Critical Questions in Argumentation Schemes.

A correct analysis of hierarchical selection processes must specify 1) the objects that succeed differentially as units, and 2) the properties that provide the causal bases for differential success. Here I illustrate how failing to recognize the units/bases distinction creates a contradiction in Elliott Sober's recent account of selection. A revised criterion for units of selection is developed and applied to examples at several biological levels. Criteria for bases of selection are discussed in terms of the degree of context-dependence and (...) directness of a property's effect on the success of units. The significance of previous work by Sober, Wimsatt and Brandon is thereby clarified. (shrink)

Knowledge plays an important role in argumentation. Yet, recent work shows that standard conceptions of knowledge in epistemology may not be entirely suitable for argumentation. This paper explores the role of knowledge in argumentation, and proposes a notion of knowledge that promises to be more suitable for argumentation by taking account of: its dynamic nature, the defeasibility of our commitments, and the non-monotonicity of many of the inferences we use in everyday reasoning and argumentation.

In Parkinson’s disease, the fronto-striatal network is involved in motor and cognitive symptoms. Working memory updating training engages this network in healthy populations, as observed by improved cognitive performance and increased striatal BOLD signal. This two-part study aimed to assess the feasibility of WM updating training in PD and measure change in cognition, movement and functional brain response in one individual with PD after WM updating training. A feasibility and single-subject study were performed in which patients with PD completed computerized (...) WM updating training. The outcome measures were the pre-post changes in criterion and transfer cognitive tests; cognitive complaints; psychological health; movement kinematics; and task-related BOLD signal. Participants in the feasibility study showed improvements on the criterion tests at post-test. FL displayed the largest improvements on the criterion tests and smaller improvements on transfer tests. Furthermore, FL reported improved cognitive performance in everyday life. A shorter onset latency and smoother upper-limb goal-directed movements were measured at post-test, as well as increased activation within the striatum and decreased activation throughout the fronto-parietal WM network. This two-part study demonstrated that WM updating training is feasible to complete for PD patients and that change occurred in FL at post-test in the domains of cognition, movement and functional brain response. (shrink)

In this paper we show how dialogue-based theories of argumentation can contribute to the construction of effective systems of dispute resolution. Specifically we consider the role of persuasion in online dispute resolution by showing how persuasion dialogues can be functionally embedded in negotiation dialogues, and how negotiation dialogues can shift to persuasion dialogues. We conclude with some remarks on how persuasion dialogues might be modelled is such a way as to allow them to be implemented in a mechanical or computerized (...) system of dialogue or dialogue management. (shrink)

Chater & Loewenstein (C&L) ignore the long history by which social scientists have developed more nuanced and ultimately more helpful ways to understand the relationship between persons and situations. This tradition is reflected and advanced in a large literature on “wise” social–psychological or mindset interventions, which C&L do not discuss yet mischaracterize.

Elite athletes, coaches and high-performance staff are exposed to a range of stressors that have been shown to increase their susceptibility to experiencing mental ill-health. Despite this, athletes may be less inclined than the general population to seek support for their mental health due to stigma, perceptions of limited psychological safety within sport to disclose mental health difficulties and/or fears of help-seeking signifying weakness in the context of high performance sport. Guidance on the best ways to promote mental health within (...) sporting environments is increasing, though current frameworks and position statements require greater focus on a whole of system approach, in which the needs of athlete, coaches and high-performance staff are considered within the context of the broader ecological system in which they operate and perform. This paper synthesizes existing research, reviewed for translatability by mental health professionals working in elite sport, to provide an evidence-informed framework with real world utility to promote mentally healthy environments for all stakeholders in elite sporting organizations, from athletes through to administrators. Recommendations are provided to positively impact the mental wellbeing of athletes and support staff, which may in turn influence athletic performance. This framework is intended to provide sporting organizations with evidence-informed or best practice principles on which they can develop or progress their policies to support mental health promotion and prevent the onset of mental health difficulties. It is intended that the framework can be adapted or tailored by elite sporting organizations based upon their unique cultural, contextual and resourcing circumstances. (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 considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their proposals. (...) Specifically, we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their proposals. (...) Specifically, we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

Prop oriented make-believe is make-believe utilized for the purpose of understanding what I call “props,” actual objects or states of affairs that make propositions “fictional,” true in the make-believe world. I, David Hills, and others have claimed that prop oriented make-believe lies at the heart of the functioning of many metaphors, and one variety of fictionalism in metaphysics invokes prop oriented make-believe to explain away apparent references to entities some find questionable or problematic (fictional characters, propositions, moral properties, numbers). (...) Elisabeth Camp has argued against my and David Hills’ views of metaphor. Her arguments, many of them echoed by Catharine Wearing, demolish a very implausible account of metaphor, but leave entirely untouched the views that Hills and I actually proposed. Clarifying what we say about metaphor serves also as a defense of fictionalist theories that invoke prop oriented make-believe. (shrink)

Corroborative evidence can have a dual function in argument whereby not only does it have a primary function of providing direct evidence supporting the main conclusion, but it also has a secondary, bolstering function which increases the probative value of some other piece of evidence in the argument. It has been argued (Redmayne, 2000) that this double function gives rise to the fallacy of double counting whereby the probative weight of evidence is overvalued by counting it twice. Walton has (...) proposed several models of corroborative evidence, each of which seems to accept the fallaciousness of double counting thereby seeming to deny the dual function of corroborative evidence. Against this view, I argue that the bolstering effect is legitimate, and can be explained by recourse to inference to the best explanation. (shrink)

Kendall Walton’s “Categories of Art” seeks to situate aesthetic properties contextually. As such, certain knowledge is required to fully appreciate the aesthetic properties of a work, and without that knowledge the ‘correct’ or ‘true’ aesthetic properties of a work cannot be appreciated. The aim of this paper is to show that the way Walton conceives of his categories and art categorization is difficult to square with certain kinds of aesthetic experience—kinds of experience that seems to defy this claim (...) of category-dependence for aesthetic properties. The argument will be advanced for category-free aesthetic experience by considering Barry C. Smith’s account of wine-tasting and his description of his wine drinking ‘epiphany’. (shrink)

A pretence theory of a discourse is one which claims that we do not believe or assert the propositions expressed by the sentences we utter when taking part in the discourse: instead, we are speaking from within a pretence. Jason Stanley argues that if a pretence account of a discourse is correct, people with autism should be incapable of successful participation in it; but since people with autism are capable of participiating successfully in the discourses which pretence theorists aim to (...) account for, all these accounts should be rejected. I discuss how pretence theorists can respond, and apply this discussion to two pretence theories, Stephen Yablo's account of arithmetic and Kendall Walton's account of negative existentials. I show how Yablo and Walton can escape Stanley's objection. (shrink)

Thanks to the work of Kendall Walton, appeals to the notion of pretence (or make-believe) have become popular in philosophy. Now the notion has begun to appear in accounts of truth. My aim here is to assess one of these accounts, namely the ‘constructive methodological deflationism’ put forward by Jc Beall. After introducing the view, I argue that Beall does not manage to overcome the problem of psychological implausibility. Although Beall claims that constructive methodological deflationism supports dialetheism, I argue (...) that it does not, and I show that it in fact provides a classical response to the Liar paradox. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their proposals. (...) Specifically, we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

In his 2014 book Fiction and Narrative, Derek Matravers mounts a concerted attack on what he terms the ‘post-Walton consensus’ as to the features that distingui.

“Business Ethics and Postmodernism: A Response” considers the contribution of Ronald Green, David Schmidt, Clarence Walton, RonDuska, and Richard Neilsen to a special issue of Business Ethics Quarterly entitled “Business Ethics and Postmodernism.” This essay poses a fundamental question: to what extent can a position which characterizes itself as postmodern be ethical? The paper argues on philosophical grounds that the debate between modernity and postmodernity is a debate over the very possibility of an ethic. The paper concludes that (...) although Jacque Derrida has made the most convincing argument for an ethic within postmodernity, it remains skeptical because such an argument simply presupposes assumptions which owe their origin to modernity. (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)

Contrary to the emotions we feel in everyday contexts, the emotions we feel for fictional characters do not seem to require a belief in the existence of their object. This observation has given birth to a famous philosophical paradox (the ‘paradox of fiction’), and has led some philosophers to claim that the emotions we feel for fictional characters are not genuine emotions but rather “quasi-emotions”. Since then, the existence of quasi-emotions has been a hotly debated issue. Recently, philosophers and psychologists (...) have proposed to solve this debate by using empirical methods and experimentally studying differences between ‘real’ and ‘fictional’ emotions. In this paper, our goal is to assess the success of these attempts. We begin by surveying the existing empirical literature and stressing the methodological problems that plague most studies that might seem relevant to the debate, before focusing on recent studies that avoid this pitfall. We then argue that, due to conceptual problems, these studies fail to be relevant to the philosophical debate and emphasize new directions for future empirical research on the topic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Craig Walton 1934-2007Rudolf A. Makkreel and Gerald A. PressThe Journal of the History of Philosophy is saddened to report that Craig Walton died on October 11th, 2007. Professor Walton served the Journal for many years. He was involved with it from its inception in 1963 and knew personally many of the founding philosophers, who had been at the Claremont Graduate Center. He was the Book Review (...) Editor from 1975 until 1981 and was a member of the Board of Directors from 1978 until 2004, where he promoted the study of the history of philosophy in many ways and maintained our institutional memory. For instance, it was Craig who remembered the important roles Salih Alich and Oskar Piest played in our early history. From 2001–03, he was the Treasurer of the Board. He believed strongly in the cosmopolitan nature of scholarship, and, as Book Review Editor, he was tireless in his efforts to review books on the history of philosophy written in languages other than English.Craig was born on December 6, 1934, in Los Angeles and earned his doctorate in philosophy at Claremont Graduate University in 1965. His dissertation, De la recherche du bien: A Study of Malebranche's Science of Ethics, was approved in 1964 by a doctoral committee that included Theodore Waldman, Herbert Schneider, and Philip Merlan, though he also worked with Richard Popkin, the founder of the Journal. He taught at the University of Southern California, Northern Illinois University and Emory University before moving to the University of Nevada, Las Vegas in 1972. Craig was Chair of the Philosophy Department there from 1986 to 1989 and became the Director of the Institute for Ethics and Policy at UNLV in 1987. He held this post until his retirement in 2004. After his early work on Malebranche, for much of his career he was a scholar of David Hume and Thomas Hobbes; but he spent the last decade of his life urging that ethical issues be studied across the curriculum. Upon retiring from teaching, Craig extended his work in ethics by founding the Nevada Center for Public Ethics. The Chancellor of the Nevada System of Higher Education praised Craig as the voice of ethics in Nevada.As members of the Board of Directors of the Journal of the History of Philosophy, we remember Craig Walton for his enthusiasm for the history of philosophy and his warmth as a human being.Copyright © 2007 Journal of the History of Philosophy, Inc.... (shrink)