I assess the thesis that counterfactual asymmetries are explained by an asymmetry of the global entropy at the temporal boundaries of the universe, by developing a method of evaluating counterfactuals that includes, as a background assumption, the low entropy of the early universe. The resulting theory attempts to vindicate the common practice of holding the past mostly fixed under counterfactual supposition while at the same time allowing the counterfactual's antecedent to obtain by a natural physical development. Although the theory has (...) some success in evaluating a wide variety of ordinary counterfactuals, it fails as an explanation of counterfactual asymmetry. (shrink)

The possibility of time travel, as permitted in General Relativity, is responsible for constraining physical fields beyond what laws of nature would otherwise require. In the special case where time travel is limited to a single object returning to the past and interacting with itself, consistency constraints can be avoided if the dynamics is continuous and the object's state space satisfies a certain topological requirement: that all null-homotopic mappings from the state-space to itself have some fixed point. Where consistency constraints (...) do exist, no new physics is needed to enforce them. One needs only to accept certain global topological constraints as laws, something that is reasonable in any case. (shrink)

A rational defense of the criminal law must provide a comprehensive theory of culpability. A comprehensive theory of culpability must resolve several difficult issues; in this article I will focus on only one. The general problem arises from the lack of a systematic account of relative culpability. An account of relative culpability would identify and defend a set of considerations to assess whether, why, under what circumstances, and to what extent persons who perform a criminal act with a given culpable (...) state are more or less blameworthy than persons who perform that act with a different culpable state. (shrink)

Bridging the gap between applied ethics and ethical theory, Ethical Argumentation draws on recent research in argumentation theory to develop a more realistic model of how ethical justification actually works.

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and (...) rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth. (shrink)

_Arguments from Ignorance _explores the situations in which the argument from ignorance functions as a respectable form of reasoning and those in which it is indeed fallacious. Douglas Walton draws on everyday conversations on all kinds of practical matters in which the _argumentum ad ignorantiam _is used quite appropriately to infer conclusions. He also discusses the inappropriate use of this kind of argument, referring to various major case studies, including the Salem witchcraft trials, the McCarthy hearings, and the Alger (...) Hiss case. This book makes an original contribution in the areas of argumentation theory and informal logic, contending that, despite its traditional classification as a fallacy, the argument from ignorance is a genuine, very common, and legitimate type of argumentation with an identifiable structure. But the book is also interdisciplinary in scope, explaining many widely interesting and controversial subjects in artificial intelligence, medical education, philosophy of science, and philosophy of law in a clear way that makes it accessible to a broad range of readers. (shrink)

Appeals to emotion—pity, fear, popular sentiment, and _ad hominem_ attacks—are commonly used in argumentation. Instead of dismissing these appeals as fallacious wherever they occur, as many do, Walton urges that each use be judged on its merits. He distinguished three main categories of evaluation. First, is it reasonable, even if not conclusive, as an argument? Second, is it weak and therefore open to critical questioning for argument? And third, is it fallacious? The third category is a strong charge that incurs (...) a critical burden to back it up by citing evidence from the given text and context of dialogue. Walton uses fifty-six case studies to demonstrate that the problem of emotional fallacies is much subtler than has been previously believed. Ranging over commercial advertisements, political debates, union-management negotiations, and ethical disputes, the case studies reveal that these four types of appeals, while based on presumptive reasoning that are tentative and subject to default, are not always or necessarily fallacious types of argumentation. (shrink)

Husak's primary goal is to defend a set of constraints to limit the authority of states to enact and enforce criminal offenses. In addition, Husak situates this endeavor in criminal theory as traditionally construed. This book urges the importance of this topic in the real world, while most Anglo-American legal philosophers have neglected it.

Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake -- Mistake of (...) law and culpability -- On the supposed priority of justification to excuse -- Partial defenses -- The "but everybody does that!" defense -- The de minimis "defense" to criminal liability -- Why punish the deserving -- Malum prohibitum and retributivism -- Already punished enough. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

Arguments from popular opinion have long been regarded with suspicion, and in most logic textbooks the _ad populum _argument is classified as a fallacy. Douglas Walton now asks whether this negative evaluation is always justified, particularly in a democratic system where decisions are based on majority opinion. In this insightful book, Walton maintains that there is a genuine type of argumentation based on commonly accepted opinions and presumptions that should represent a standard of rational decision-making on important issues, especially (...) those of a personal and political nature. He shows how to judge arguments based on appeals to popular opinion in a more balanced way, identifying eleven subtypes of the _ad populum_ argument and providing a pragmatic method to evaluate each of these types. Walton has examined dozens of logic texts and drawn on a wide range of literature to reveal the many uses and misuses of popular opinion. He contrasts the traditional discussion of _ad populum _in Greek rhetoric with recent textbook treatment, then contrasts these contemporary views with his own dialectical perspective in order to clarify often confused appeals to prejudice and appeals to common knowledge. Although appeal to popular opinion has long been a powerful argumentative tactic, this is the first book to systematically describe and evaluate it as a well-defined type of argument with its own special characteristics. It enables us to deal with these often deceptive arguments in a critically balanced way and makes an original contribution to an important strand of rhetoric. (shrink)

This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically.

This book is an analysis of the distinctive form of reasoning, called practical reasoning by Aristotle (as opposed to theoretical reasoning), that serves to guide behaviour.

This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the central topics in the field, including the grounds of criminal liability, relative culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work, and exploring the goals of criminal theory.

This important book was the first serious work of philosophy to address the question: Do adults have a moral right to use drugs for recreational purposes? Many critics of the 'war on drugs' denounce law enforcement as counterproductive and ineffective. Douglas Husak argues that the 'war on drugs' violates the moral rights of adults who want to use drugs for pleasure, and that criminal laws against such use are incompatible with moral rights. This is not a polemical tract but (...) a scrupulously argued work of philosophy that takes full account of all available data concerning drug use in the United States today. The author is careful to describe the properties a recreational drug would have to possess before the state would be justified in prohibiting it. Since criminal laws against the use of recreational drugs are justified neither by the harm users cause to themselves nor by the harm users cause to each other, Professor Husak concludes that such laws are, in almost all cases, unjustified. (shrink)

Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes into (...) account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication. (shrink)

This important book was the first serious work of philosophy to address the question: Do adults have a moral right to use drugs for recreational purposes? Many critics of the 'war on drugs' denounce law enforcement as counterproductive and ineffective. Douglas Husak argues that the 'war on drugs' violates the moral rights of adults who want to use drugs for pleasure, and that criminal laws against such use are incompatible with moral rights. This is not a polemical tract but (...) a scrupulously argued work of philosophy that takes full account of all available data concerning drug use in the United States today. The author is careful to describe the properties a recreational drug would have to possess before the state would be justified in prohibiting it. Since criminal laws against the use of recreational drugs are justified neither by the harm users cause to themselves nor by the harm users cause to each other, Professor Husak concludes that such laws are, in almost all cases, unjustified. (shrink)

In redefining logic, philosophers need to go back to the Aristotelian roots of the subject, to expand the boundaries of the subject to include informal logic and to give up false oppositions between informal and formal logic.

This book examines three areas in which abductive reasoning is especially important: medicine, science, and law. The reader is introduced to abduction and shown how it has evolved historically into the framework of conventional wisdom in logic. Discussions draw upon recent techniques used in artificial intelligence, particularly in the areas of multi-agent systems and plan recognition, to develop a dialogue model of explanation. Cases of causal explanations in law are analyzed using abductive reasoning, and all the components are finally brought (...) together to build a new account of abductive reasoning. By clarifying the notion of abduction as a common and significant type of reasoning in everyday argumentation, _Abductive Reasoning_ will be useful to scholars and students in many fields, including argumentation, computing and artificial intelligence, psychology and cognitive science, law, philosophy, linguistics, and speech communication and rhetoric. (shrink)

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

The basic question of this monograph is: how should we go about judging arguments to be reasonable or unreasonable? Our concern will be with argument in a broad sense, with realistic arguments in natural language. The basic object will be to engage in a normative study of determining what factors, standards, or procedures should be adopted or appealed to in evaluating an argument as "good," "not-so-good," "open to criticism," "fallacious," and so forth. Hence our primary concern will be with the (...) problems of how to criticize an argument, and when a criticism is reasonably justified. (shrink)

_In_ Value-Added Measures in Education_, economist and education researcher Douglas N. Harris takes on one of the most hotly debated topics in education._ Drawing on his extensive work with schools and districts, he sets out to help educators and policy makers understand this innovative approach to assessment. Written in straightforward language and illustrated with actual student achievement data, this essential volume shows how value-added measurement can help schools make better use of their data and discusses the strengths and limitations (...) of this approach. (shrink)

It is a longstanding if not altogether coherent tradition of logic and rhetorical studies that an argument can be incorrect or fallacious in virtue of some ...