Successful accounts of analogy in law have two burdens to discharge. First, they must reflect the fact that the conclusion of an argument by analogy is a normative claim about how to decide a certain case. Second, they must not fail to accord relevance to the fact that the source case was authoritatively decided in a certain way. We argue in the first half of this paper that the common view of the structure of analogical arguments in law (...) cannot overcome these hurdles. In the second half we develop an original account that aims to succeed where others failed. (shrink)

The reasoning process of analogy is characterized by a strict interdependence between a process of abstraction of a common feature and the transfer of an attribute of the Analogue to the Primary Subject. The first reasoning step is regarded as an abstraction of a generic characteristic that is relevant for the attribution of the predicate. The abstracted feature can be considered from a logic-semantic perspective as a functional genus, in the sense that it is contextually essential for the attribution of (...) the predicate, i.e. that is pragmatically fundamental (i.e. relevant) for the predica-tion, or rather the achievement of the communicative intention. While the transfer of the predicate from the Analogue to the analogical genus and from the genus to the Primary Subject is guaranteed by the maxims (or rules of inference) governing the genus-species relation, the connection between the genus and the predicate can be complex, characterized by various types of reasoning patterns. The relevance relation can hide implicit arguments, such as an implicit argument from classification , an evaluation based on values, consequences or rules, a causal relation, or an argument from practical reasoning. (shrink)

Despite increasing interest in studying arguments from deontic authority of the general form “(1) $$\delta$$ δ is a deontic authority in institution $$\varOmega$$ Ω ; (2) according to $$\delta$$ δ, I should do $$\alpha$$ α, C: therefore, (3) I should do $$\alpha$$ α ”, the state of the art models are not capable of grasping their complexity. The existing sets of critical questions assigned to this argumentation scheme seem to conflate two problems: whether a person is subject to an authority (...) of an institution in the first place and whether the command issued within the context of a particular institution is eventually binding. For this reason, we introduce (1) a set of Basic Critical Questions to scrutinize the former issue, and (2) a set of more detailed questions related to specific features, also referred to as “parameters”, of institutional environments (Intra-Institutional Critical Questions). We identify major elements of institutional environments in which authoritative utterances are made and the crucial parameters of arguments from deontic authority. The selected evidence from the decisions of the Polish Supreme Administrative Court helps us show how these parameters may be used to reconstruct subtypes of this argument scheme, with their associated sets of critical questions. In specific institutional contexts, such detailed schemes are capable of grasping the complexity of appeals to deontic authority and thus should be used rather than general schemes. The reconstruction of argumentation schemes with critical questions shows how particular arguments may successfully be attacked. (shrink)

This paper presents an analysis of argumentation in direct-to-consumer health product ads in Newsweek that brings out special features of the arguments used in the ads, including practical reasoning, chained arguments, enthymemes, and prolepsis. A way to help overcome deficiencies in techniques of tailored health communication in consumer health informatics is shown by using argumentation schemes, argument visualisation tools, and dialogue models to frame these persuasive communication messages. The evidence collected is shown to be useful to allow the health (...) informatics communicator and the person to whom message was directed to interact in a dialogue format where arguments can be put forward by both parties in a way that responds to the previous arguments and questions of the other party. (shrink)

Much has been written about epistemological skepticism in the last ten or so years, but there remain some unanswered questions concerning the structure of what has become the canonical Cartesian skeptical argument. In this paper, I would like to take a closer look at this structure in order to determine just which epistemic principles are required by the argument.

This book addresses two related questions that have first arisen in Toulmin’s seminal book on the uses of argument. The first question is the one of the relationship between the semantic analysis of modality and the structure of arguments. The second question is the one of the distinctive place, or role, of modality in the fundamental structure of arguments. These two questions concern how modality, as a semantic category, relates to the fundamental structure of arguments. The (...) book addresses modality and argumentation also according to another perspective by looking at how different linguistic modal expressions may be taken as argumentative indicators. It explores the role of modal expressions as argumentative indicators by using the Italian modal system as a case study. At the same time, it uses predictions/forecasts in the business-financial daily press to investigate the relation between modality and the context of argumentation. (shrink)

The most prominent recent attack on compatibilism about determinism and moral responsibility is the so-called manipulation argument, which presents an allegedly responsibility-undermining manipulation case and then points out that the relevant facts of that case are no different from the facts that obtain in an ordinary deterministic world. In a recent article in this journal, however, Matt King presents a dilemma for proponents of this argument, according to which the argument either leads to a dialectical stalemate or (...) else is dialectically infelicitous. In this article I clarify the structure of the manipulation argument and construct a response to King’s dilemma. (shrink)

Research using the intermodal preferential looking paradigm (IPLP) has consistently shown that English‐learning children aged 2 can associate transitive argument structure with causal events. However, studies using the same methodology investigating 2‐year‐old children’s knowledge of the conjoined agent intransitive and semantic role assignment have reported inconsistent findings. The aim of the present study was to establish at what age English‐learning children have verb‐general knowledge of both transitive and intransitive argument structure using a new method: the forced‐choice (...) pointing paradigm. The results suggest that young 2‐year‐olds can associate transitive structures with causal (or externally caused) events and can use transitive structure to assign agent and patient roles correctly. However, the children were unable to associate the conjoined agent intransitive with noncausal events until aged 3;4. The results confirm the pattern from previous IPLP studies and indicate that children may develop the ability to comprehend different aspects of argument structure at different ages. The implications for theories of language acquisition and the nature of the language acquisition mechanism are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Argumentative Structure of Kant’s Metaphysical Foundations Of Natural ScienceEric Watkinsone of kant’s most fundamental aims is to justify Newtonian science. However, providing a detailed explanation of even the main structure of his argument (not to mention the specific arguments that fill out this structure) is not a trivial enterprise. While it is clear that Kant’s Critique of Pure Reason (1781), his Metaphysical Foundations of (...) Natural Science (1786), and his unpublished (and incomplete) Opus postumum should in some way constitute the core of this justification, it is less clear how each of these works does so in detail. In this paper I shall first argue that the standard view of the relationship between the Critique of Pure Reason and the Metaphysical Foundations of Natural Science (hereafter simply Metaphysical Foundations) is mistaken. I shall then present my own interpretation of how the Metaphysical Foundations contributes to the justification of Newtonian science. Finally, I shall conclude by considering an important interpretation of the argument of the Metaphysical Foundations developed by Michael Friedman. However, it is first necessary to present briefly Kant’s conception of science (in particular what conditions a body of knowledge must satisfy for Kant in order to be considered science proper) as well as Kant’s own understanding of the relevant differences between his projects in the first Critique, the Metaphysical Foundations, and the Opus postumum.Kant’s conception of science is rather strict if measured by contemporary standards. For in the preface to the Metaphysical Foundations Kant establishes three substantive conditions that a body of knowledge must satisfy in order to be considered science proper.1 (1) It must not consist in empirical principles, [End Page 567] but rather must be obtained solely from pure, a priori principles;2 (2) It must be apodictically certain;3 (3)4 It must be a systematically ordered whole (which means that its various propositions must be related as, for example, antecedents and consequents).5 After stating these conditions, Kant then argues that all natural science proper requires a pure part upon which its apodictic certainty is based. In other words, satisfaction of the first condition immediately implies satisfaction of the second condition as well.6 Accordingly, these three conditions (and the first one in particular) imply that natural science proper requires (or rather presupposes) a justification by something distinct from it that Kant calls a metaphysics of nature.7 But what exactly does a metaphysics of nature encompass? Kant distinguishes two different parts of the metaphysics of nature: a transcendental part and a special part. A metaphysics of nature [End Page 568] is transcendental insofar as it concerns “the laws that make the concept of nature in general possible, even without relation to any determinate object of experience, and [insofar as it is] thus indeterminate with respect to the nature of this or that thing in the sensible world,” whereas a metaphysics of nature is special to the extent that “it is concerned with a special nature of this or that kind of thing of which an empirical concept is given, but so that except for what lies in this concept no other empirical principle is used for knowledge thereof.”8 In short, a transcendental metaphysics, revealing how experience in general is possible, is not supposed to presuppose an empirical concept, whereas a special metaphysics does make such an assumption insofar as it is concerned with the special natures of things.How do the three works cited above relate to Kant’s distinction between a transcendental and a special metaphysics of nature? In the preface to the Metaphysical Foundations Kant clearly indicates that he intends the Metaphysical Foundations to constitute the special metaphysics of nature. Although he does not explicitly refer to the first Critique in the preface, it is also relatively clear that he sees it (or at least the ‘System of Pure Reason’ that Kant foresees as following upon it and as incorporating its fundamental results)9 as constituting [End Page 569] the transcendental part of a metaphysics of nature.10 The Principles of Pure Understanding (‘Grundsätze des reinen Verstandes’) in the Transcendental Analytic argue for what could naturally be described as “laws... (shrink)

Arguments about fallacies generally attempt to distinguish real from apparent modes of argumentation and reasoning. To examine the structure of these arguments, this paper develops a theory of dialectical distinction. First, it explores the connection between Nicholas Rescher's concept of distinction as a "dialectical countermove" and Chaim Perelman and L. Olbrecht-Tyteca's "dissociation of ideas." Next, it applies a theory of distinction to Aristotle's extended arguments about fallacies in De Sophisticis Elenchis, primarily with a view to analyzing its underlying strategies (...) of argumentation. Finally, it examines how second-order distinctions (those designed to challenge previously formulated distinctions) underpin current arguments against the Aristotelian or "Standard Treatment" of the fallacies. (shrink)

Various argumentation analysis tools permit the analyst to represent functional components of an argument (e.g., data, claim, warrant, backing), how arguments are composed of subarguments and defenses against potential counterarguments, and argumentation schemes. In order to facilitate a study of argument presentation in a biomedical corpus, we have developed a hybrid scheme that enables an analyst to encode argumentation analysis within the framework of Rhetorical Structure Theory (RST), which can be used to represent the discourse structure (...) of a text. This paper describes the hybrid representation scheme and illustrates its use for investigation of contexts that license omission of elements of an argument. The analyses given in the paper involve reconstruction of enthymemes. Defeasible argumentation schemes serve as a constraint on reconstruction. In addition, the examples illustrate several other types of contextual constraints on reconstruction of enthymemes. (shrink)

Despite the attention it has received in recent years, C. S. Peirce's so-called neglected argument for God's reality remains somewhat obscure. The aim of this essay is to clarify the basic structure of Peirce's three-part argument and to show how it falls prey to several objections. I argue that his overall argument is ultimately unsuccessful in demonstrating the reality of God, even if it provides some degree of warrant for the belief in God's reality to those (...) who are uncontrollably drawn to that belief during the process of musement. (shrink)

In this paper, a survey is presented of the main approaches to the structure of argumentation. The paper starts with a historical overview of the distinctions between various types of argument structure. Next, the main definitions given in the various approaches are discussed as well as the methods that are proposed to deal with doubtful cases.

This essay argues that the main lesson of Lewis Carroll's Regress is that arguments are constitutively presuppositional.

In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...) issues really determine whether the institution of capital punishment is morally permissible. The issues can be broadly grouped into three categories: substantive; procedural (comparative); and procedural (noncomparative). Substantive debates regard the inherent moral status of the death penalty, while procedural debates regard how the death penalty is applied in practice, with two types of injustice that can result. Substantive issues have the potential to be the most decisive, for if the death penalty is inherently immoral there’s no need to even raise procedural questions. However, it appears difficult for either side to make a clearly compelling argument on substantive grounds. In regards to the procedural arguments, the concerns of noncomparative justice lead to stronger arguments than the comparative concerns, for the irrevocable nature of the death penalty can play a role in the former but not the later. Overall, abolitionists have a clear advantage in this debate, as they only have to make their case on one of these fronts, while supporters must defend themselves on all three fronts. (shrink)

It is nowadays taken for granted that the core radical sceptical arguments all pivot upon the principle that the epistemic operator in question is 'closed' under known entailments. Accordingly, the standard anti-sceptical project now involves either denying closure or retaining closure by amending how one understands other elements of the sceptical argument. However, there are epistemic principles available to the sceptic which are logically weaker than closure but achieve the same result. Accordingly the contemporary debate fails to engage with (...) the sceptical problem in its strongest form. (shrink)

Chapter The Need for a Theory of Argument Structure. THE STANDARD APPROACH The approach to argument diagramming which we call standard was originated, ...

This paper revisits a well-known rebuttal of Peter van Inwagen’s consequence argument. This CS-rebuttal, as I shall call it, focuses on the counterfactual structure of alternative possibilities. It shows that the ability to do otherwise is such that if the agent had exercised it, the distant past and/or the laws of nature would have been different. On the counterfactual scenario, there is, therefore, no need for the agent to exercise an ability to change the past or the laws (...) of nature. I first present van Inwagen’s original version of the consequence argument. After exposing some difficulties with Lewis’ famous version of the CS-rebuttal, I proceed by explaining and defending an older and, in my view, superior version. I subsequently discuss a traditional incompatibilist rejoinder, which insists that the past and the laws of nature are fixed. Although this rejoinder delivers a valid argument against the existence of alternative possibilities, it relies on premises the compatibilist explicitly rejects. The outcome of the debate is therefore properly characterized as a genuine dialectical stalemate between compatibilists and incompatibilists. In the final sections of the paper, I demonstrate that attempts by Fischer, Holliday and Fischer and Pendergraft to move beyond the stalemate in favor of the incompatibilist position all fail. I thereby show that the debate is marred by a misunderstanding of the semantics underlying the backtracking conditionals sometimes associated with the compatibilist position. In view of my arguments, the dialectical stalemate between compatibilists and incompatibilists regarding the counterfactual structure of the ability to do otherwise remains fully intact. (shrink)

C. S. Peirce develops a novel argument for belief in God in a 1908 paper he entitled “A Neglected Argument for the Reality of God.”1 That essay has received a fair amount of attention in recent years,2 but Peirce’s overall argument remains somewhat obscure. There is still more work to be done in explicating its basic structure and determining whether the argument can withstand criticism. The purpose of this essay is to reconstruct Peirce’s argument (...) in a way that reveals the most pressing objections to which it is susceptible.Peirce’s overall argument consists of three interrelated sub-arguments. First, Peirce leads us through a meditative or contemplative process through which the belief in God’s reality is.. (shrink)

Structure of English by Scott Soames & David M. Perlmutter Syntactic Argumentation and the Structure of English (SASE) presents the major theoretical ...

THE RECURRENT CLAIM that time is unreal has, by many, been judged as unintelligible and arguments in its favor as fallacious.

The concept of a witch hunt is frequently invoked, in recent times, to describe a kind of procedure for deciding the guilt of a person against whom an accusation has been made. But what exactly is a witch hunt? In this paper, ten conditions are formulated as a cluster of properties characterizing the witch hunt as a framework in which arguments are used: (1) pressure of social forces, (2) stigmatization, (3) climate of fear, (4) resemblance to a fair trial, (5) (...) use of simulated evidence, (6) simulated expert testimony, (7) nonfalsifiability characteristic of evidence, (8) reversal of polarity, (9) non-openness, and (10) use of the loaded question technique. The witch hunt, as characterized by these criteria, is shown to function as a negative normative structure for evaluating argumentation used in particular cases. (shrink)

There are several interpretations of the argument structure of Darwin's Origin of Species, representing Covering-Law, Inference-to-the-Best-Explanation, and (more recently) Semantic models. I argue that while all three types of interpretation enjoy some textual support, none succeeds in capturing the overall strategy of the Origin, consistent with Darwin's claim that it is 'one long argument'. I provide detailed criticisms of all three current models, and then offer an alternative interpretation based on the view that there are three main (...) argument strategies in the Origin, all supporting the 'causal efficacy' of Darwin's theory. This interpretation provides both a more unified treatment of the text, and some important implications concerning the relation between general philosophical models of scientific theory support and specific historical cases. (shrink)

This book offers a new theory of begging the question as an informal fallacy, within a pragmatic framework of reasoned dialogue as a normative theory of critical argumentation. The fallacy of begging the question is analyzed as a systematic tactic to evade fulfillment of a legitimate burden of proof by the proponent of an argument. The technique uses a circular structure of argument to block the further progress of dialogue and, in particular, the capability of the respondent (...) to ask legitimate critical questions in reply to the argument. Walton analyzes the concept of burden of proof in argument, and provides chapters on the use of argument diagramming as a technique of argument reconstruction. This powerful method of argument analysis developed therein is then applied to more than 100 case studies of circular argumentation where the charge of begging the question is or has been thought to be an appropriate criticism. Throughout this work, Walton throws light on the relationship between the problem of circular reasoning and broader issues in the critical analysis of argumentation. Ground-breaking use is made of the pragmatic theory of argument as interactive dialogue. Rules for several kinds of dialogue framework provide standards of good reasoning to validate or to refute the criticism that a particular argument begs the question. This book is directed to students and professionals in the fields of speech communication, philosophy, linguistics, logic, dispute mediation, and education. (shrink)

Physicalism is the idea that everything either is physical or is nothing over and above the physical. For this formulation of physicalism to have determinate content, it should be identified what the “physical” refers to; i.e. the body problem. Some other closely related theses, especially the ones employed in the causal arguments for different versions of physicalism, and more especially the causal closure thesis, are also subject to the body problem. In this paper, I do two things. First, I explore (...) the structure of causal arguments for physicalism that represents a general argument. To do this, the premises and the conclusion of the general argument are given exact formulations. Second, drawing on those premises, especially the causal closure thesis, I propose a naturalistic formulation of the physical that satisfies the requirements any formulation of the physical is expected to fulfill. Following this proposal, we also have a recursive algorithm to recognize the set of all physical events. (shrink)

This paper analyzes how, during the Juncker Presidency, the European Commission employed argumentative strategies to address the question of member-states’ compliance with European Union law. There is a literature gap regarding how European leaders employ argumentative strategies to coax member-states to comply with EU legislation and how those strategies can be associated with multilevel governance designs and problem-solving approaches. Building on van Eemeren and Grootendorst’s pragma-dialectical approach to argumentation, the paper explores what dialectical and rhetorical strategies were employed by the (...) Juncker European Commission to build an argumentative regime where the question of compliance with European Union law is articulated with the representation of the European Union as an efficient multilevel governance system. Starting from the distinction between procedural and operational concepts of problem-solving in multilevel governance polities, the paper questions whether the Juncker Commission’s arguments on the need to ensure European Union law compliance favor a particular conception of problem-solving in multilevel governance systems. The paper argues that the argumentative strategies employed by the Juncker European Commission in the field of compliance reveal a preference for an operational notion of problem-solving combined with some aspects of a more procedural perspective of problem-solving in multilevel governance polities. The background of this paper is associated with the growing impact that European legislation has on member-states and also with the efforts developed by the Juncker European Commission in discussing how to improve EU regulation to increase compliance with EU law. (shrink)

Roy Harrod; III—The General Structure of Inductive Argument, Proceedings of the Aristotelian Society, Volume 61, Issue 1, 1 June 1961, Pages 41–56, https://doi.

The ontological argument of Saint Anselm, one of the most famous in the entire history of philosophy, has fascinated men’s minds for centuries. And yet, as Hartshorne makes abundantly clear, much of its subtlety has been missed by some of the keenest commentators. Although it has been discussed again and again, little work seems to have been done, even up to the moment, in exploring the logical forms or deep structures needed for an exact statement. Part of this is (...) due no doubt to the subtlety of the argument itself, but part of it is due to that fact that the key ideas involved are not of the kind that easily lend themselves to being handled within the standard kinds of logic. (shrink)

Kant's A-Edition objective deduction is naturally (and has traditionally been) divided into two arguments: an " argument from above" and one that proceeds " von unten auf." This would suggest a picture of Kant's procedure in the objective deduction as first descending and ascending the same ladder, the better, perhaps, to test its durability or to thoroughly convince the reader of its soundness. There are obvious obstacles to such a reading, however; and in this chapter I will argue that (...) the arguments from above and below constitute different, albeit importantly inter-related, proofs. Rather than drawing on the differences in their premises, however, I will highlight what I take to be the different concerns addressed and, correspondingly, the distinct conclusions reached by each. In particular, I will show that both arguments can be understood to address distinct specters, with the argument from above addressing an internal concern generated by Kant’s own transcendental idealism, and the argument from below seeking to dispel a more traditional, broadly Humean challenge to the understanding’s role in experience. These distinct concerns also imply that these arguments yield distinct conclusions, though I will show that they are in fact complementary. (shrink)

Expertise, authority, and testimony refer to aspects of one of the most important elements of communication and cognition. Argumentation theory recognises various forms of what we call the argumentum ad alia pattern, in which speakers appeal to what others have said, including Position to Know scheme, Witness Testimony scheme, Expert Opinion scheme and the classical ad verecundiam. In this paper we show that ad alia involves more than merely an inferential step from what others (a person in position to know, (...) a witness, an expert) have said, and that studying this type of argumentation requires going beyond the argument structure of propositional contents to account for different speech activities. We also demonstrate that using the words of others, attacking what has been said, and reasoning from how others reason constitute a rich repertoire of communication strategies which we need to model in order to be able to analyse them manually and to process them computationally. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from (...) values. However, our theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

Peirce's "Neglected Argument" uses more or less standard logical vocabulary, such as "argument," "retroduction," "premise," "conclusion," and "hypothesis." There cannot be any doubt, however, that the musement process as he characterizes it must be regarded as a semiotic process—that is, one that relates a sign to an object by way of forming an interpretant. This assumption follows from the simple observation that, according to Peirce, all processes of thought are semiotically structured. What is more, Peirce quite often uses (...) the term 'argument' for a specific class of sign—namely, one that distinctly indicates1 or represents2 its conclusion. In addition, three years before his 1908... (shrink)