In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of (...) an exemplary case, the famous Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case. (shrink)

This paper serves as an introduction to the special issue on argumentative patterns in discourse, more in particular on argumentative patterns with pragmatic argumentation as a main argument that are prototypical of argumentative discourse in certain communicative activity types in the political, the legal, the medical, and the academic domain. It situates the studies of argumentative patterns reported in these papers in the pragma-dialectical research program. In order to be able to do so, it is (...) first explained in which consecutive stages the pragma-dialectical theorizing has developed, what the study of argumentative patterns involves, and why the identification of argumentative patterns represents a vital stage in the development of pragma-dialectics. The description of the theoretical innovations that are introduced and the exposition of their relationship with the standard and extended pragma-dialectical theory create a conceptual and terminological framework for understanding the background and the rationale of the current research projects. (shrink)

In this paper, an argumentative pattern that is prototypical for the communicative practice of over-the-counter medicine advertisements will be discussed. First, a basic argumentative pattern for this type of advertisement will be identified. In addition, an overview of various types of extensions of this basic pattern will be presented. Finally, it will be made clear how combinations of the basic pattern and specific extensions can be analysed as the result of strategic choices made (...) by the advertisers concerning the type of arguments that are advanced, the argumentation structure and the presentation of their arguments. (shrink)

Medical argumentation in non-Western societies has attracted little attention. In line with the pragma-dialectical approach to the study of argumentation, this article identifies a prototypical argumentative pattern in Chinese medical consultations. In addition to institutional preconditions, whose relevance to the argumentative pattern has been well cited, a factor that may be equally important has remained unnoticed: the preference for certain drugs, treatments or therapeutic measurements on the basis of folk interpretations of medical phenomena in individual (...) ethnic groups. These preferences may be seen as cultural preferences in the medical domain. In this paper, a prototypical argumentative pattern of Chinese medical consultations is provided. Two levels of the pattern are distinguished and discussed: a basic argumentative pattern as presented in the pragmatic-dialectical approach and its extensions due to cultural preferences as well as institutional constraints. Illustrated by an exemplary analysis on the basis of empirical data collected from Chinese consulting rooms, the impact of cultural preferences on physicians’ strategic maneuvering in argumentation is identified and recognized. It is argued that the existence and impact of cultural preferences require attention in medical argumentation. (shrink)

A macroscope is proposed and tested here for the discovery of the unique argumentative footprint that characterizes how a collective manages differences and pursues disagreement through argument in a polylogue. The macroscope addresses broader analytic problems posed by various conceptualizations of large-scale argument, such as fields, spheres, communities, and institutions. The design incorporates a two-tier methodology for detecting argument patterns of the arguments performed in arguing by an interactive collective that produces views, or topographies, of the ways that issues (...) are generated in the making and defending of standpoints. The design premises for the macroscope build on insights about argument patterns from pragma-dialectical theory by incorporating research and theory on disagreement management and the Argumentum Model of Topics. The design reconceptualizes prototypical and stereotypical argument patterns for characterizing large-scale argumentation. A prototype of the macroscope is tested on data drawn from six threads about oil-drilling and fracking from the subreddit Changemyview. The implementation suggests the efficacy of the macroscope’s design and potential for identifying what communities make controversial and how the disagreement space in a polylogue is managed through stereotypical argument patterns in terms of claims/premises, inferential relations, and presentational devices. (shrink)

The aim of this paper is to describe the way in which argumentative patterns come into being in plenary debate over legislative issues in the European Parliament. What kind of argumentative patterns are to be expected within this macro context? It is shown that the argumentative patterns that come into being in legislative debate in the European Parliament depend for the most part on the problem-solving argumentation that is put forward in the opening speech by the rapporteur (...) of the parliamentary committee report. This argumentation can be pragmatic problem-solving argumentation or complex problem-solving argumentation. The most important prototypical argumentative patterns are investigated in the argumentation put forward by the Members of parliament. This investigation is based on an inventory of the arguments that can in principle be used to support or attack the initial problem-solving argumentation put forward by the rapporteur. (shrink)

The book offers a compact but comprehensive introductory overview of the crucial components of argumentation theory. In presenting this overview, argumentation is consistently approached from a pragma-dialectical perspective by viewing it pragmatically as a goal-directed communicative activity and dialectically as part of a regulated critical exchange aimed at resolving a difference of opinion. As a result, the book also systematically explains how the constitutive parts of the pragma-dialectical theory of argumentation, which are discussed in a number of separate publications, hang (...) together. The following crucial topics are discussed: argumentation theory as a discipline; the meta-theoretical principles of pragma-dialectics; the model of a critical discussion aimed at resolving a difference of opinion; fallacies as violations of a code of conduct for reasonable argumentative discourse; descriptive research of argumentative reality; analysis as theoretically-motivated reconstruction; strategic manoeuvring aimed at combining achieving effectiveness with maintaining reasonableness; the conventionalization of argumentative practices; prototypical argumentative patterns; pragma-dialectics amidst other approaches. Argumentation Theory: A Pragma-Dialectical Perspective is clearly written and makes argumentation theory understandable to all scholars and advanced students interested in argumentation research. (shrink)

To illustrate the development of argumentation theory, the paper traces the journey of the pragma-dialectical theory as it widened its scope, step by step, from an abstract model of critical discussion to the complexities of actual argumentative discourse. It describes how, having contextualized, empiricalized and formalized their approach, pragma-dialecticians are now putting the theory’s analytical instruments to good use in identifying prototypical argumentative patterns in specific communicative activity types in the various communicative domains. This means that they (...) can now start answering the crucial question about the typical characteristics of their discourse asked by interested lawyers, politicians, academics and other practitioners of argumentation. (shrink)

To illustrate the development of argumentation theory, the paper traces the journey of the pragma-dialectical theory as it widened its scope, step by step, from an abstract model of critical discussion to the complexities of actual argumentative discourse. It describes how, having contextualized, empiricalized and formalized their approach, pragma-dialecticians are now putting the theory’s analytical instruments to good use in identifying prototypical argumentative patterns in specific communicative activity types in the various communicative domains. This means that they (...) can now start answering the crucial question about the typical characteristics of their discourse asked by interested lawyers, politicians, academics and other practitioners of argumentation. (shrink)

This article presents an architecture for natural language generation of biomedical argumentation. The goal is to reconstruct the normative arguments that a domain expert would provide, in a manner that is transparent to a lay audience. Transparency means that an argument's structure and functional components are accessible to its audience. Transparency is necessary before an audience can fully comprehend, evaluate or challenge an argument, or re-evaluate it in light of new findings about the case or changes in scientific knowledge. The (...) architecture has been implemented and evaluated in the Genetics Information Expression Assistant, a prototype system for drafting genetic counselling patient letters. Argument generation makes use of abstract argumentation schemes. Derived from the analysis of arguments used in genetic counselling, these mainly causal argument patterns refer to abstract properties of qualitative causal domain models. (shrink)

This paper describes in some detail a pattern of justification which seems to be part of common sense logic and also part of the logic of scientific investigations. Calling this pattern “abduction,” the paper lays out an “abduction-prediction” model of scientific inference as an update to the traditional hypothetico-deductive model. According to this newer model, scientific theories receive their claims for acceptance and belief from the abductive arguments that support them, and the processes of scientific discovery aim to (...) develop theories with strong abductive support. It is suggested that the study of diagnosis presents a good opportunity for studying abduction under somewhat simpler and more reproducible conditions than occur in scientific discovery. A computer-based diagnostic system is described which provides a small-scale validation of the abduc-tion-prediction model by showing that a version of it can be made precise enough to be implemented and to perform correctly for diagnosis. (shrink)

The practice of justifying scientific explanations generates argumentative patterns in which several types of arguments may play a role. This paper is aimed at identifying these patterns on the basis of an exploration of the institutional conventions regarding the nature, the shape and the quality of scientific explanations as reflected in the writings of influential philosophers of science. First, a basic pattern for justifying scientific explanations is described. Then, two types of extensions of this pattern are presented. (...) These extensions are derived from philosophical accounts of requirements for the quality of explanations and the choice of the best explanation from a number of candidate explanations respectively. The description of the second extension will make clear how pragmatic argumentation plays a role in argumentative patterns within the scientific domain. (shrink)

In this paper, close attention is paid to the argumentative patterns resulting from combining pragmatic argumentation in which a recommendation is made with arguments in which the majority is invoked. I focus on such argumentative patterns as employed by European parliamentary committees of inquiry conducting inquiries into the activity of the Equitable Life Assurance Society. By incorporating legal and political insights about the activity of these parliamentary committees of inquiry into a pragma-dialectical argumentative approach, an analysis will (...) be given of the selected argumentative pattern. This analysis will reveal which standpoints are supported by which arguments and how these arguments relate to each other to increase the acceptability of the recommendation made. In addition, the analysis will explain the arguer’s argumentative choices in the pattern employed. (shrink)

120 students in grades 3 to 7 (aged 8 to 13) heard an argumentative text and were immediately submitted to a free recall task. The results show that before grade 7, the subjects did not view the text as argumentative. The discussion centers on the relevancy of a prototypical argumentative schema in accounting for these findings.

Populism has become one of the most intensely discussed topics in both public debate and academic research. So far there has been no systematic argumentation theoretic analysis of populism, however. This paper is intended to provide first steps towards such an analysis by giving a full argumentation theoretic reconstruction of the political manifesto of the German right-wing populist party “Alternative for Germany” (AfD). This allows to draw preliminary conclusions about the AfD’s argumentative strategy as exemplary for right-wing populism.

120 students in grades 3 to 7 heard an argumentative text and were immediately submitted to a free recall task. The results show that before grade 7, the subjects did not view the text as argumentative. The discussion centers on the relevancy of a prototypical argumentative schema in accounting for these findings.

Although the controversy between Malthus and Ricardo has long been considered to be an important source for the history of economic thought, it has hardly been the object of a careful study qua controversy, i.e. as a polemical dialogical exchange. We have undertaken to fill this gap, within the framework of a more ambitious project that places controversies at the center of an account of the history of ideas, in science and elsewhere. It is our contention that the dialogical co-text (...) is essential for reconstructing the meaning and the evolution of science. In the present paper we try to substantiate this contention by means of a pragma-rhetorical study of this particular controversy. First, we reconstruct, through an analysis of a chunk of the correspondence, a micro-level of specific moves and countermoves which constitute a sequential structure within which also meta-scientific and meta-controversial considerations play a role. We then move to a macro-level of analysis, looking for recurrent patterns of argumentation. Finally, we draw epistemological conclusions on the nature of rationality and progress as manifested in actual scientific controversies. (shrink)

Abstract: Don Ross’ Economic Theory and Cognitive Science (2005) provides an elaborate philosophical defense of neoclassical economics. He argues that the central features of neoclassical theory are associated with what he calls the Robbins-Samuelson argument pattern and that it can be reconciled with recent developments in experimental and behavioral economics, as well as contemporary cognitive science. This paper argues that Ross’ Robbins-Samuelson argument pattern is not in the work of either Robbins or Samuelson and in many ways is (...) in conflict with their own versions, and defenses, of neoclassical theory. (shrink)

Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts. (shrink)

The paper replies to Wade Hands’s recent criticism of one part of my 2005 book, Economic Theory and Cognitive Science: Microexplanation (ETCS). Hands argues that my association of my view of the foundations of microeconomics with aspects of the thought of Lionel Robbins and Paul Samuelson is gratuitous and historically misleading. I argue in turn that Hands’s general criticism rests on his ignoring the fact that my treatment of both Robbins and Samuelson is explicitly critical. On Robbins, I argue that (...) Hands’s concerns amount to an objection to me only given an absurd principle to the effect that the only non-misleading kind of associative relationship one can draw between two historical theses is identity. On Samuelson the dialectic is more complicated because, as a result of not understanding what philosophers call ‘externalism about intentional content’, Hands misreads the relationship I aim to construct between my general view and Samuelson’s. (shrink)

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s theory is (...) briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

In cultural as well as social science studies of discourses (e.g. of discourses on climate change), the concept of narrative is used in a very broad sense – as an umbrella term that lacks analytical accuracy. From the perspective of linguistics, it seems obvious to acknowledge five elementary generic patterns. In addition to narration, linguists differentiate between argumentation, description, explication and instruction. Each of these patterns fulfils a different basic pragmatic function. This article tries to make clear and justify why (...) it is important, both theoretically and practically, to make a distinction between these five generic patterns. It is argued and shown that narrativization tends to go hand in hand with a relief of action, historicization, potential fictionalization, subjectivization and relativization. With respect to discourses on the climate crisis, these prototypical characteristics of narratives undermine both scientific attempts to justify claims of truth relating to the existence, causes and consequences of global warming as well as practical attempts to motivate people to adopt a more sustainable lifestyle. (shrink)

A patient suffering from a severe illness that is entering its terminal stage is forced to develop a coping process. Of all the coping patterns, the religious one stands out as being a psychological resource available to all patients regardless of culture, learning, and any age. Religious coping interacts with other values or practices of society, for example the model of a society that takes care of it's elder members among family or in an institutionalized environment or the way the (...) health system offers or not psychological support for a terminally ill patient. Health care providers should have at least some psychological coping patterns training because not all patterns of religious coping are equally effective, and some have been described as increasing the level of stress or producing other negative psychological effects on the patient. This article aims to review the complex models of religious coping that are unanimously accepted in psychooncology, arguments in favor of religious coping, the types of patients that use this model, ethical dilemmas that could be reinterpreted using religious arguments. Finally, we will also discuss the need of Romanian patients to embrace a religious coping in case of an incurable illness, and also the support that they can receive from both curative and palliative health care providers.  . (shrink)

Recent works in Explainable AI mostly address the transparency issue of black-box models or create explanations for any kind of models (i.e., they are model-agnostic), while leaving explanations of interpretable models largely underexplored. In this paper, we fill this gap by focusing on explanations for a specific interpretable model, namely pattern-based logistic regression (PLR) for binary text classification. We do so because, albeit interpretable, PLR is challenging when it comes to explanations. In particular, we found that a standard way (...) to extract explanations from this model does not consider relations among the features, making the explanations hardly plausible to humans. Hence, we propose AXPLR, a novel explanation method using (forms of) computational argumentation to generate explanations (for outputs computed by PLR) which unearth model agreements and disagreements among the features. Specifically, we use computational argumentation as follows: we see features (patterns) in PLR as arguments in a form of quantified bipolar argumentation frameworks (QBAFs) and extract attacks and supports between arguments based on specificity of the arguments; we understand logistic regression as a gradual semantics for these QBAFs, used to determine the arguments’ dialectic strength; and we study standard properties of gradual semantics for QBAFs in the context of our argumentative re-interpretation of PLR, sanctioning its suitability for explanatory purposes. We then show how to extract intuitive explanations (for outputs computed by PLR) from the constructed QBAFs. Finally, we conduct an empirical evaluation and two experiments in the context of human-AI collaboration to demonstrate the advantages of our resulting AXPLR method. (shrink)

Usage-based approaches to language hold that we learn multiword expressions as patterns of language from language usage, and that knowledge of these patterns underlies fluent language processing. This paper explores these claims by focusing upon verb–argument constructions such as “V about n.” These are productive constructions that bind syntax, lexis, and semantics. It presents analyses of usage patterns of English VACs in terms of their grammatical form, semantics, lexical constituency, and distribution patterns in large corpora; patterns of VAC usage in (...) child-directed speech and child language acquisition; and investigations of VAC free-association and psycholinguistic studies of online processing. We conclude that VACs are highly patterned in usage, that this patterning drives language acquisition, and that language processing is sensitive to the forms of the syntagmatic construction and their distributional statistics, the contingency of their association with meaning, and spreading activation and prototypicality effects in semantic reference. Language users have rich implicit knowledge of the statistics of multiword sequences. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, 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)

De George's account of philosophical and theological approaches to business ethics presupposes a particular view of the logic of argumentation. This paper presents an alternative model for describing arguments that has been suggested by Stephen Toulmin. It uses this model to qualify De George's claim that philosophers are justified in their indifference to the work of theologians in business ethics.Consider what you think justice requires, and decide accordingly. But never give your reasons; for your judgment will probably be right, but (...) your reasons will certainly be wrong. (shrink)

In this contribution I intend to reconstruct and evaluate one of Galileo's famous arguments given in the Discorsi against a well-entrenched thesis of Aristotelian physics. It will be shown that Galileo's reduction-to-the-absurd type of counterargument is, although seemingly cogent, after all fallacious. I ascribe Galileo's committing of this fallacy to his looking at the Aristotelian physics through the (Kuhnian type) paradigmatic “spectacles” of his own new physics.

In this contribution I intend to reconstruct and evaluate one of Galileo's famous arguments given in the Discorsi against a well‐entrenched thesis of Aristotelian physics. It will be shown that Galileo's reduction‐to‐the‐absurd type of counterargument is, although seemingly cogent, after all fallacious. I ascribe Galileo's committing of this fallacy to his looking at the Aristotelian physics through the (Kuhnian type) paradigmatic “spectacles” of his own new physics.

In this study, we test a number of predictions concerning children's knowledge of the transitive Subject-Verb-Object (SVO) construction between two and three years on one child (Thomas) for whom we have densely collected data. The data show that the earliest SVO utterances reflect earlier use of those same verbs, and that verbs acquired before 2;7 show an earlier move towards adult-like levels of use in the SVO construction and in object argument complexity than later acquired verbs. There is not a (...) close relation with the input in the types of subject and object referents used, nor a close adherence to Preferred Argument Structure (PAS) before 2;7, but both early and late acquired verbs show a simultaneous move towards PAS patterns in selection of referent type at 2;9. The event semantics underpinning early transitive utterances do not straightforwardly fit prototype (high or inalienable) notions of transitivity, but rather may reflect sensitivity to animacy and intentionality in a way that mirrors the input. We conclude that children's knowledge of the transitive construction continues to undergo significant development between 2;0 and 3;0, reflecting the gradual abstraction and integration of the SVO and VO constructions, verb semantics, discourse pragmatics, and the interactions between these factors. These factors are considered in the context of a prototype for the transitive construction. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, 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)

Humean arguments from evil maintain that the good and evil we know about constitutes powerful evidence against Theism. Unlike other arguments from evil, Humean arguments are abductive arguments, maintaining that some rival to Theism better explains the good and evil we know about than Theism. This article surveys Humean arguments from evil. After explaining Philo’s original argument in Hume’s Dialogues Concerning Natural Religion, it exposits a modern, prototypical Humean argument inspired by the work of Paul Draper. This article explores (...) the distinctive features of Humean arguments; how these arguments can be strengthened; and some common criticisms of these arguments. (shrink)

In this paper, I explore the implications of recent empirical research on concept representation for the philosophical enterprise of conceptual analysis. I argue that conceptual analysis, as it is commonly practiced, is committed to certain assumptions about the nature of our intuitive categorization judgments. I then try to show how these assumptions clash with contemporary accounts of concept representation in cognitive psychology. After entertaining an objection to my argument, I close by considering ways in which conceptual analysis might be altered (...) to accord better with the empirical work. (shrink)

Prototypes and fuzziness are regarded in this paper as fundamental phenomena in the inherent logic of concepts whose relationship, however, has not been sufficiently clarified. Therefore, modifications are proposed in the definition of both. Prototypes are defined as the elements possessing maximal degree of membership in the given category such thatthis membership has maximal cognitive efficiency in representing theelement. A modified fuzzy set (m-fuzzy set) is defined on aclass (possibly self-contradictory collection) such that its core (the collection of elements with (...) full membership) is aset (self-consistent collection) comprising the finite set of the prototypes. In this scheme of recursive representation the possibility of contradictions, which has been proven to be inevitable in the logic of concepts, islocalized. Finally a related model of the brain''s pattern recognition mechanism is briefly summarized. (shrink)

Concepts are mental representations that are the constituents of thought. EdouardMachery claims that psychologists generally understand concepts to be bodies of knowledge or information carrying mental states stored in long term memory that are used in the higher cognitive competences such as in categorization judgments, induction, planning, and analogical reasoning. While most research in the concepts field generally have been on concrete concepts such as LION, APPLE, and CHAIR, this paper will examine abstract moral concepts and whether such concepts may (...) have prototype and exemplar structure. After discussing the philosophical importance of this project and explaining the prototype and exemplar theories, criticisms will be made against philosophers, who without experimental support from the sciences of the mind, contend that moral concepts have prototype and/or exemplar structure. Next, I will scrutinize Mark Johnson’s experimentally-based argument that moral concepts have prototype structure. Finally, I will show how our moral concepts may indeed have prototype and exemplar structure as well as explore the further ethical implications that may be reached by this particular moral concepts conclusion. (shrink)

Human cloning until recently has been considered to belong to the domain of science fiction; now it is a tangible possibility, a hopeful as well as a fearsome one. One of the fears that necessarily come along with it is about the peril cloning might represent for human uniqueness, since the clones are expected to be identical to their prototypes; this would unavoidably compromise moral agents’ right to a unique identity. In this paper I will put under examination the argument (...) against cloning that is based upon the right to a unique identity; I will argue that cloning represents no actual threat for anybody’s unique identity, therefore this argument is futile. I will also support the view that the so-called right to a unique identity is not as indisputable as to serve as the basis of a moral argument against human reproductive cloning. (shrink)

An argument that makes use of a generalization activates the prototype for the category used in the generalization. We conducted two experiments that investigated how the activation of the prototype affects the persuasiveness of the argument. The results of the experiments suggest that the features of the prototype overshadow and partly overwrite the actual facts of the case. The case is, to some extent, judged as if it had the features of the prototype instead of the features it actually has. (...) This prototype effect increases the persuasiveness of the argument in situations where the audience finds the judgment more warranted for the prototype than for the actual case, but decreases persuasiveness in situations where the audience finds the judgment less warranted for the prototype than for the actual case. (shrink)

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)

There might not be a specific nano-ethics, but there definitely is an ethics of new & emerging science and technology (NEST), with characteristic tropes and patterns of moral argumentation. Ethical discussion in and around nanoscience and technology reflects such NEST-ethics. We offer an inventory of the arguments, and show patterns in their evolution, in arenas full of proponents and opponents. We also show that there are some nano-specific issues: in how size matters, and when agency is delegated to smart devices. (...) Our overall approach is a pragmatist ethics, and we conclude that struggle (and learning) might be more productive than models emphasizing consensus. (shrink)

A number of those that have advocated for theoretical pluralism in epistemology suggest that naturalistic arguments from cognitive science can support their case. Yet these theorists have traditionally faced two pressing needs. First, they have needed a cognitive science adequate to the task. Second, they have needed a bridge between whatever scientific account of cognition they favor and the normative claims of a pluralistic epistemology. Both of these challenges are addressed below in an argument for theoretical pluralism that brings together (...) two recent prototype-activation approaches to cognition. The paper dovetails Paul Churchland's neuro-computational approach with George Lakoff and Mark Johnson's image schematic approach, and shows how they mutually support each other in an increasingly persuasive naturalistic case for theoretical pluralism in epistemology. (shrink)