. 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 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)

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.

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 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)

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)

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)

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)

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)

This paper considers the question of whether Mill's account of the nature and justificatory foundations of deductive logic is psychologistic. Logical psychologism asserts the dependency of logic on psychology. Frequently, this dependency arises as a result of a metaphysical thesis asserting the psychological nature of the subject matter of logic. A study of Mill's System of Logic and his Examination reveals that Mill held an equivocal view of the subject matter of logic, sometimes treating it as a set of psychological (...) processes and at other times as the objects of those processes. The consequences of each of these views upon the justificatory foundations of logic are explored. The paper concludes that, despite his providing logic with a prescriptive function, and despite his avoidance of conceptualism, Mill's theory fails to provide deductive logic with a justificatory foundation that is independent of psychology. (shrink)

This article examines the development of Russell's treatment of propositions, in relation to the topic of psychologism. In the first section, we outline the concept of psychologism, and show how it can arise in relation to theories of the nature of propositions. Following this, we note the anti-psychologistic elements of Russell's thought dating back to his idealist roots. From there, we sketch the development of Russell's theory of the proposition through a number of its key transitions. We show that Russell, (...) in responding to a variety of different problems relating to the proposition, chose to resolve these problems in ways that continually made concessions to psychologism. (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)

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)

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 examines the adequacy of commitment change, as a measure of the successful resolution of a difference of opinion. I argue that differences of opinion are only effectively resolved if commitments undertaken in argumentation survive beyond its conclusion and go on to govern an arguer’s actions in everyday life, e.g., by serving as premises in her practical reasoning. Yet this occurs, I maintain, only when an arguer’s beliefs are changed, not merely her commitments.

Typically, common knowledge is taken as grounds for the acceptability of a claim, while appeals to popularity are seen as fallacious attempts to support a claim. This paper poses the question of whether there is any categorical difference between appeals to common knowledge and appeals to popular opinion as argumentative moves. In answering this question, I argue that appeals to common knowledge do not, on their own, provide adequate grounds for a claim’s acceptability.

By examining particular cases of belief perseverance following the undermining of their original evidentiary grounds, this paper considers two theories of rational belief revision: foundation and coherence. Gilbert Harman has argued for coherence over foundationalism on the grounds that the foundations theory absurdly deems most of our beliefs to be not rationally held. A consequence of the unacceptability of foundationalism is that belief perseverance is rational. This paper defends the intuitive judgement that belief perseverance is irrational by offering a competing (...) explanation of what goes on in cases like the debriefing paradigm which does not rely upon foundationalist principles but instead shows that such cases are properly viewed as instances of positive undermining of the sort described by the coherence theory. (shrink)

This paper examines the views of Fogelin, Woods, Johnstone, etc., concerning deep disa-greements, force-five standoffs, philosophical controversies, etc. My approach is to reconstruct their views and critiques of them as meta-arguments, and to elaborate the meta-argumentative aspects of radical disa-greements. It turns out that deep disagreements are resolvable to a greater degree than usually thought, but only by using special principles and practices, such as meta-argumentation, ad hominem argumentation, Ramsey’s principle, etc.

Doxing is the intentional public release onto the Internet of personal information about an individual by a third party, often with the intent to humiliate, threaten, intimidate, or punish the identified individual. In this paper I present a conceptual analysis of the practice of doxing and how it differs from other forms of privacy violation. I distinguish between three types of doxing: deanonymizing doxing, where personal information establishing the identity of a formerly anonymous individual is released; targeting doxing, that discloses (...) personal information that reveals specific details of an individual’s circumstances that are usually private, obscure, or obfuscated; and delegitimizing doxing, which reveals intimate personal information that damages the credibility of that individual. I also describe how doxing differs from blackmail and defamation. I argue that doxing may be justified in cases where it reveals wrongdoing, but only if the information released is necessary to reveal that such wrongdoing has occurred and if it is in the public interest to reveal such wrongdoing. Revealing additional information, such as that which allows an individual to be targeted for harassment and intimidation, is unjustified. I illustrate my discussion with the examples of the alleged identification of the creator of Bitcoin, Satoshi Nakamoto, by Newsweek magazine, the identification of the notorious Reddit user Violentacrez by the blog Gawker, and the harassment of game developer Zoe Quinn in the ‘GamerGate’ Internet campaign. (shrink)

The paper addresses the manner in which the theory of Coalescent Argumentation [CA] has been received by the Argumentation Theory community. I begin (section 2) by providing a theoretical overview of the Coalescent model of argumentation as developed by Michael A. Gilbert (1997). I next engage the several objections that have been raised against CA (section 3). I contend that objectors to the Coalescent model are not properly sensitive to the theoretical consequences of the genuinely situated nature of argument. I (...) conclude (section 4) by suggesting that the resolution to the dispute between Gilbert and his objectors hinges on the outcome of several foundational theoretical questions identified over the course of the paper. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...) will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

ABSTRACTThis article argues that Quine's holistic and naturalized semantics provides an inadequate account of the foundations of logical expressions and misrepresents the internal structure of theories. By considering a Quinean model of theoretical revision, I identify the status and foundation holism provides to the propositions of logic. I contend that a central tenet of Quinean holism—the Revisability Doctrine—cannot be held consistently, and that the inconsistencies surrounding it mark a series of pervasive errors within naturalized holism. In response, I propose that (...) semantic theories must reflect the different linguistic functions of different types of expressions and the specific relationships that individual concepts within a theory or language have to one another. (shrink)

Toulmin’s DWC model recognizes a plurality of argument cultures through the thesis of field dependency: that the normative features of arguments vary from one field to the next. Yet, little consensus exists concerning the nature and foundations of argument fields. This paper explores the question of whether Toulminian fields have any useful role to play in the epistemic evaluation of arguments.

This study explores the role that news coverage plays in the allocation of Japanese development aid. Conceptually, it is expected that democratic foreign policy officials, including those working in bureaucratic governmental structures will try to match the magnitude of their actions with what they expect is the public's perception of the importance of the recipient. News media salience serves an easily accessible indicator of that domestic political importance and, in the case of foreign aid, this suggests that higher levels of (...) news coverage of a less-developed country will lead to higher aid commitments. The statistical analysis demonstrates that the level of news coverage is a statistically significant factor in Japanese aid distributions. More significantly, the analysis demonstrates that separating grant aid from other forms of aid is critical for the empirical examination of the determinants of Japanese aid. (shrink)

Software ownership allows the owner to restrict the distribution of software and to prevent others from reading the software’s source code and building upon it. However, free software is released to users under software licenses that give them the right to read the source code, modify it, reuse it, and distribute the software to others. Proponents of free software such as Richard M. Stallman and Eben Moglen argue that the social disutility of software ownership is a sufficient justification for prohibiting (...) it. This social disutility includes the social instability of disregarding laws and agreements covering software use and distribution, inequality of software access, and the inability to help others by sharing software with them. Here I consider these and other social disutility claims against withholding specific software rights from users, in particular, the rights to read the source code, duplicate, distribute, modify, imitate, and reuse portions of the software within new programs. I find that generally while withholding these rights from software users does cause some degree of social disutility, only the rights to duplicate, modify and imitate cannot legitimately be denied to users on this basis. The social disutility of withholding the rights to distribute the software, read its source code and reuse portions of it in new programs is insufficient to prohibit software owners from denying them to users. A compromise between the software owner and user can minimise the social disutility of withholding these particular rights from users. However, the social disutility caused by software patents is sufficient for rejecting such patents as they restrict the methods of reducing social disutility possible with other forms of software ownership. (shrink)

Like the ownership of physical property, the issues computer software ownership raises can be understood as concerns over how various rights and duties over software are shared between owners and users. The powers of software owners are defined in software licenses, the legal agreements defining what users can and cannot do with a particular program. To help clarify how these licenses permit and restrict users’ actions, here I present a conceptual framework of software rights and duties that is inspired by (...) the terms of various proprietary, open source, and free software licenses. To clarify the relationships defined by these rights and duties, this framework distinguishes between software creators (the original developer), custodians (those who can control its use), and users (those who utilise the software). I define the various rights and duties that can be shared between these parties and how these rights and duties relate to each other. I conclude with a brief example of how this framework can be used by defining the concepts of free software and copyleft in terms of rights and duties. (shrink)

This paper describes how the ethical problems raised by scientific data obtained through harmful and immoral conduct may also emerge in cases where data is collected from the Internet. It describes the major arguments for and against using ill-gotten information in research, and shows how they may be applied to research that either collects information about the Internet itself or which uses data from questionable or unknown sources on the Internet. Three examples demonstrate how researchers address the ethical issues raised (...) by the sources of data that they use and how the existing arguments concerning the use of ill-gotten information apply to Internet research. The problems faced by researchers who collect or use data from the Internet are shown to be the same problems faced by researchers in other fields who may obtain or use ill-gotten information. (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.

A stable democracy requires a shared identity and political culture. Its citizens need to identify as one common demos lest it fracture and balkanise into separate political communities. This in turn necessitates some common communication network for political messages to be transmitted, understood and evaluated by citizens. Hence, what demarcates one demos from another are the means of communication connecting the citizens of those demoi, allowing them to debate and persuade each other on the proper conduct of government and on (...) issues of common interest. For the ancient Athenians, their public sphere was the agora (marketplace); for the Federalists in the American colonies, the newspaper; for us today, it is the Internet. Until now, the physical nature of these communication networks has resulted in a trade-off between the reach of political messages (the numeric and geographic composition of the demos who receive political messages and may participate in the public sphere) and the ability to target the content of a message on that network towards individual citizens. One-to-one interpersonal conversation in the agora was highly targeted but could reach only as far as a voice could carry. The speakers and audience were well known to each other through personal interaction. As the printing press and later television allowed for greater and greater reach, the content of these messages became more generic as the speakers became more distant from their audience. The wider the audience grew, the less a message could be targeted at a particular audience segment without alienating others. (shrink)

INTRODUCTION BY THE EDITORS Gilbert Ryle, in his Concept of Mind (1949), attacked volitional theories of human actions; JL Austin, in his "If and Cans" ...

“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)

High-level perception--”the process of making sense of complex data at an abstract, conceptual level--”is fundamental to human cognition. Through high-level perception, chaotic environmen- tal stimuli are organized into the mental representations that are used throughout cognitive pro- cessing. Much work in traditional artificial intelligence has ignored the process of high-level perception, by starting with hand-coded representations. In this paper, we argue that this dis- missal of perceptual processes leads to distorted models of human cognition. We examine some existing artificial-intelligence models--”notably (...) BACON, a model of scientific discovery, and the Structure-Mapping Engine, a model of analogical thought--”and argue that these are flawed pre- cisely because they downplay the role of high-level perception. Further, we argue that perceptu- al processes cannot be separated from other cognitive processes even in principle, and therefore that traditional artificial-intelligence models cannot be defended by supposing the existence of a --œrepresentation module--� that supplies representations ready-made. Finally, we describe a model of high-level perception and analogical thought in which perceptual processing is integrated with analogical mapping, leading to the flexible build-up of representations appropriate to a given context. (shrink)

Computational design uses artificial intelligence (AI) to optimise designs towards user-determined goals. When combined with 3D printing, it is possible to develop and construct physical products in a wide range of geometries and materials and encapsulating a range of functionality, with minimal input from human designers. One potential application is the development of bespoke surgical tools, whereby computational design optimises a tool’s morphology for a specific patient’s anatomy and the requirements of the surgical procedure to improve surgical outcomes. This emerging (...) application of AI and 3D printing provides an opportunity to examine whether new technologies affect the ethical responsibilities of those operating in high-consequence domains such as healthcare. This research draws on stakeholder interviews to identify how a range of different professions involved in the design, production, and adoption of computationally designed surgical tools, identify and attribute responsibility within the different stages of a computationally designed tool’s development and deployment. Those interviewed included surgeons and radiologists, fabricators experienced with 3D printing, computational designers, healthcare regulators, bioethicists, and patient advocates. Based on our findings, we identify additional responsibilities that surround the process of creating and using these tools. Additionally, the responsibilities of most professional stakeholders are not limited to individual stages of the tool design and deployment process, and the close collaboration between stakeholders at various stages of the process suggests that collective ethical responsibility may be appropriate in these cases. The role responsibilities of the stakeholders involved in developing the process to create computationally designed tools also change as the technology moves from research and development (R&D) to approved use. (shrink)

In his article “Category Independent Aesthetic Experience: The Case of Wine” in this journal, David Sackris presents arguments against Kendall Walton’s view in the famous article “Categories of Art.”David Sackris, “Category Independent Aesthetic Experience: The Case of Wine,” The Journal of Value Inquiry, 47 (2013), pp. 111–120; Kendall Walton, “Categories of Art,” in Steven M. Cahn and Aaron Meskin (Eds) Aesthetics: A Comprehensive Anthology. (Oxford: Blackwell, 2007), pp. 521–537. [First published in The Philosophical Review, 79 (1970), (...) pp. 334–367.] He claims, with support in an argument about the immediate qualities of great wines, that for some kinds of aesthetic appreciation specific category knowledge is not necessary. We welcome the idea that wine appreciation is an aesthetic practice, and more importantly the view that the features of wine appreciation might shed light on, or even transform our understanding of aesthetic experience more generally. The article also draws welcom .. (shrink)