A major purpose of this book is to make the post-Hamblin work on fallacies available to a wider audience in a single, convenient volume.

Hamblin held that the conception of 'fallacy' as an argument that seems valid but is not really so was the dominant conception of fallacy in the history of fallacy studies. The present paper explores the extent of support that there is for this view. After presenting a brief analysis of 'the standard definition of fallacy,' a number of the definitions of 'fallacy' in texts from the middle of this century – from the standard treatment – are considered. This is followed (...) by a review of the definitions of 'fallacy' in the earlier history of logic books, including those of Aristotle, Whately, Mill and De Morgan. The essay concludes that there is scarcely any support for Hamblin's view that this particular definition of 'fallacy' was widely held. (shrink)

An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in (...) inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists. (shrink)

This essay attempts to give definitions and identity conditions for the two predominant senses of ‘Argument’ currently in use, the one involving reasons for a conclusion and the other denoting an expressed disagreement with ensuing verbal behaviour by two parties. I see Johnson's new concept of ‘Argument’, as developed in his book Manifest Rationality, as a hybrid of the two common senses of ‘Argument’, and, accordingly, I try to define and give the identity conditions of Johnson-arguments. Finally, I disagree with (...) Johnson on the nature of the definition he thinks he has proposed, and I conclude with observations suggesting that his logical perspective has dialectical and rhetorical components. (shrink)

This presentation seeks to understand informal logic as a set of methods for the logical evaluation of natural language arguments. Some of the methods identified are the fallacies method, deductivism, warrantism and argument schemes. A framework for comparing the adequacy of the methods is outlined consisting of the following categories: learner- and user-efficiency, subjective and objective reliability, and scope. Within this framework, it is also possible to compare informal and formal logic.

This paper is a report of a pilot study of how candidates argue when they are running for political office. The election studied was the provincial election in Ontario, Canada, in the fall of 2011. Having collected about 250 arguments given during the election from newspaper media, we sought answers to the following questions, among others: which argumentation schemes have the greatest currency in political elections? Is a list of the best known argumentation schemes sufficient to classify the arguments given (...) in elections? What schemes should be added to the familiar list to make it more adequate for studying elections? Is it useful to classify arguments as being used for positive, policy-critical, person-critical and defensive purposes? Can political parties be usefully characterized by noting their preferred kinds of arguments and their most frequent uses of arguments? What lessons can be learned from this study to better design future studies of the same kind? (shrink)

Richard Whately’s views of arguments involving authority are very different in his Elements of Rhetoric and his Elements of Logic. This essay begins by documenting these differences and wondering why they are. It then proceeds to take a broader and more historical view of Whately’s discussions of authority and finds him occupying an important developmental ground between his predecessor Locke and contemporary views of the argument from authority. In fact, some of the things we now think are important in a (...) good argument from authority are anticipated by Whately. (shrink)

This bibliography of literature on the fallacies is intended to be a resource for argumentation theorists. It incorporates and sup- plements the material in the bibliography in Hansen and Pinto’s Fallacies: Classical and Contemporary Readings, and now includes over 550 entries. The bibliography is here present- ed in electronic form which gives the researcher the advantage of being able to do a search by any word or phrase of interest.

I begin by looking at passages in Mill's System of Logic that circumscribe the range of logic as he understood the subject. His logic is clearly too narrow to be the arbiter of the extended arguments presented in his Utilitarianism, On Liberty, and The Subjection of Women. Looking at Mill's argumentative practice in those works we see that he is noticeably concerned to deal with objections, more so even than in giving arguments for his position. His practice is shown to (...) be consistent with his professed views about how opinions outside science and mathematics are to be justified. These views are stated primarily in On Liberty where Mill gives a standard of justification and proclaims the importance of dealing with objections as part of that standard. Given Mill's characterization of an art, or practice - also found in the Logic - it turns out that a case can be made that Mill's views on argumentation fit the criteria for an art, pretty much on a par with ethics as an art. In the sense that I give to 'argumentation theory' it seems entirely appropriate to say that implicitly Mill held a theory of argumentation, a theory distinct from other proposed theories of argumentation, and a theory worth further study and development. (shrink)

In Argumentation Theory: A Pragma-Dialectical Perspective (2018), Professor van Eemeren suggests that it might be worthwhile for pragma-dialectics and informal logic to join forces, given that there is a “considerable amount of common ground” between the two. In this paper, we explore that common ground by considering both the ways logic is understood and incorporated in the pragma-dialectical model and the ways informal logic has developed since its inception in the 1970s. In the process of our investigation, we present a (...) view of the landscape of argumentation in which the subject matter of informal logic is situated relative to theories of argumentation. (shrink)

In a recent paper, “One Logician’s Perspective on Argumentation”, van Benthem expressed his reservations on Toulmin’s diagnosis and abandonment of formal logic, and argued that Toulmin was wrong for leading the study of argumentation apart from formal approach. In this paper we will try to reveal two se-rious misunderstandings of Toulmin’s ideas in his discussions, and thereby make an apology for Toulmin.

This short essay is an introduction to the essays included in this special issue of Argumentation devoted to fallacies.

This appearance condition of fallacies refers to the phenomenon of weak arguments, or moves in argumentation, appearing to be okay when really they aren’t. Not all theorists agree that the appearance condition should be part of the conception of fallacies but this essay explores some of the consequences of including it. In particular, the differences between committing a fallacy, causing a fallacy and observing a fallacy are identified. The remainder of the paper is given over to discussing possible causes of (...) mistakenly perceiving weak argumentation moves as okay. Among these are argument caused misperception, perspective caused misperception, discursive environment caused misperception and perceiver caused misperception. The discussion aims to be sufficiently general so that it can accommodate different models and standards of argumentation that make a place for fallacies. (shrink)

This essay studies an argumentative practice in eighteenth-century France by exploring the persuasiveness of some petitions to obtain printer licences. Those who wanted to enter the printing business in eighteenth-century France had to obtain licences from the King to do so. The French government had established limits to the number of printers it would permit to operate in the realm; hence, there was competition for any vacancy that became open. Thus, the context is that of trained printers in provincial towns, (...) most of them with their own printing equipment, applying to the government in Paris for the highly valued licences to run printing businesses. We examine a small number of the original petitions and give an account of their persuasive capacity by (a) noticing the narrative character of the letters and (b) distinguishing between propositional and affective attitudes. Our view is that a reconstruction of the petitions as reasonable persuasive discourse is possible when it is noticed how the two kinds of attitudes can be combined to promote the same end. (shrink)