This work analyses the speech-act of arguing as proposed by Linguistic Normative Model of Argumentation (LNMA) with the help of diagrams, examples and basic formalization techniques. The focus is set on one of the most novel issues of LNMA, modal qualification, and the distinction between epistemic and ontological modals. The first conclusion is that employing LNMA in order to analyse and evaluate actual argumentation as it is proposed is too complex to be applied as is. The second conclusion, at a (...) theoretical level, is that the distinction between ontological and epistemic modals is highly problematic in LNMA. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...) reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

In this article I defend what I call a ‘particularist approach to arguments by analogy.’ Particularism is opposed to generalism, which is the thesis that arguments by analogy require a universal principle that covers cases compared and guarantees the conclusion. Particularism rejects this claim and holds that arguments by analogy operate on particular cases. I elaborate on two ideas that support this position. On the one hand, I contend that an analogy can be seen as a parallelism of argumentative relationships, (...) drawing on the distinction between similarity and analogy (Gentner 1983) and on the meta-argumentative account of arguments by analogy (Woods and Hudak 1989). On the other hand, I argue that universal principles are not necessary neither for the analysis nor the evaluation of arguments by analogy (Govier 1989) and that, rather than being a requirement, they can be seen as by-products of good analogies. (shrink)

This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and formalization, offers descriptions of the analytical and evaluative tools of informal logic, and highlights selected principles that argumentation theorists do and do not agree upon. In turn, the section on (...) linguistic approaches to argumentation focuses on the problem of distinguishing between explanation and argument, while also elaborating on the role of verbal indicators of argument schemes. All essays included in this volume point out notable recent developments in the study of argumentation. (shrink)

This volume focuses on dialogue and argumentation in contexts which are marked by truculence and discord. The contributors include well known argumentation scholars who discuss the issues this raises from the point of view of a variety of disciplines and points of view. The authors seek to address theoretically challenging issues in a way that is relevant to both the theory and the practice of argument. The collection brings together selected essays from the 2006 11th Wake Forest University Biennial Argumentation (...) Conference held at Florida Atlantic University in Boca Raton, Florida and the 2012 14th Wake Forest University Biennial Argumentation Conference held at Casa Artom in Venice, Italy. (shrink)

In this article I am concerned with analogical reasoning in ethics. There is no doubt that the use of analogy can be a powerful tool in our ethical reasoning. The importance of this mode of reasoning is therefore commonly accepted, but there is considerable debate concerning how its structure should be understood and how it should be assessed, both logically and epistemically. In this paper, I first explain the basic structure of arguments from analogy in ethics. I then discuss the (...) diversity of analogical arguments that can be found in ethics. I analyse their structure, assess them from a logical viewpoint, and show how they can be epistemically challenged and defended. The result of this investigation is that, contrary to a commonly held view, analogical reasoning can be a logically valid type of ethical reasoning that can provide reasons for action that are not worse than the reasons provided by any other kind of practical reasoning. (shrink)

I consider several outstanding questions about analogies. These include the following: issues of interpretation especially with regard to whether an analogy should be considered argumentative, as distinct from serving as an illustration, explanation, or matter of rhetorical interest; whether and how to draw a distinction between inductive analogies and a priori analogies; and whether a priori analogies should be reconstructed as deductively valid arguments. The discussion will explore broader themes such as the distinction between the a priori and the deductive, (...) and whether a priori analogies offer reasons for a choice, as distinct from a basis for inferring an inference. Referring to the recent work of Harald Wolhrapp, I will explore the allegation that a faulty logicism is involved when argument analysis is based on an explicit statement of premises and conclusion. In developing this account, reference will also be made to the work of Douglas Walton, Marcello Guarini, Trudy Govier, and Lilian Bermejo-Luque. (shrink)

This paper uses argumentation tools such as argument diagrams and argumentation schemes to analyze four examples of argument from analogy, and argues that to proceed from there to evaluating these arguments, features of the context of dialogue need to be taken into account. The evidence drawn from these examples is taken to support a pragmatic approach to studying argument from analogy, meaning that identifying the logical form of the argument by building an argument diagram of the premises and conclusion is (...) not by itself sufficient for argument evaluation. To get further, it is argued, the argument evaluator needs to take into account how this particular argument was used in context to support a conversational goal.Cet article utilise des outils d'argumentation tels que des diagrammes d'argument et des schèmes d'argumentation pour analyser trois exemples d'argument par analogie, et soutient que pour évaluer ces arguments de manière adéquate, il est nécessaire de tenir compte du contexte d'utilisation de l'argument. Ces exemples suggèrent que l’étude des arguments par analogie à partir de seulement l’identification de leur forme logique n'est pas adéquate. Pour aller plus loin, on avance que l'analyste d'argument doit prendre en compte comment un argument particulier a été utilisé dans un contexte pour soutenir un but conversationnel. (shrink)

At a recent rally, Donald Trump resumed a habit he had developed during his election-rallies and read out the lyrics to a song. It tells the Aesopian fable of The Farmer and the Snake: A half frozen snake is taken in by a kind-hearted person but bites them the moment it is revived. Trump tells the fable to make a point about Islamic immigrants and undocumented immigrants from Southern and Central America: He claims the immigrants will cause problems and much (...) stricter immigration-policies are needed. I assume that Trump treats the fable as an argumentative device for supporting his stance on immigration. He uses it as a source-analogue both for the conclusion that immigrants will cause problems and for changing the frame in which immigrants and those willing to let them enter are seen. This gives me opportunity to examine the effect fables have as argumentative devices. Fables are a popular and effective choice for political argumentation. They are slimmed down, semi-abstract narratives, well suited for directing the audience's attention to a few properties of an otherwise complex situation. However, this also makes it easy to use them for manipulating an audience into oversimplifying complex contexts and stereotyping human beings. (shrink)

“Deductivism” is a broad label for various theories that emphasize the importance of deductive argument in contexts of rational discussion. This paper makes a case for a very specific form of deductivism. The paper highlights the dialectical importance of advancing deductively valid arguments in natural-language reasoning. Sections 2 and 3 explain the various forms that deductivism has taken. Section 4 makes a case for a particular form of deductivism. Section 5 discusses the value of deductive argument in law. Section 6 (...) concludes and acknowledges critical questions that need to be addressed more fully in future work. (shrink)

Argument by analogy has long been regarded as the characteristic way of arguing in ancient Chinese culture. Classic Chinese philosophers not only prefer to use analogy to argue for their own views, but also take efforts to theorize it in a systematic way. This paper aims to provide a careful study on the relevant ideas in ancient China in order to reconstruct the ancient Chinese theory of argument by analogy, and then to reveal some of its distinctive features through a (...) comparison with the Western counterpart account as developed by Aristotle. It is indicated that in ancient China analogical argument was conceived primarily as a way of arguing based on classification, with a unique mechanism of taking and giving according to kind. On that basis, it is argued that although such a characterization captures the logical structure of analogical argument in a similar way to Aristotle, the ancient Chinese theory stresses the foundational role of a particular notion of kind, thus makes the construction and application of analogical arguments become highly flexible and context-sensitive. Moreover, it is also contended that in ancient China the rationale of analogical arguments is explained from a general perspective of kind, relying upon the universal knowledge pertaining to the forming of kinds. Then it is further revealed that, unlike Aristotle who emphasizes the causal links between attributes in the physical world, ancient Chinese thinkers justify analogical argument by appealing to some normative metaphysical and epistemological principles. (shrink)

Following a linguistic-descriptivist approach, Marianne Doury has studied debates about “parasciences”, discovering that “parascientists” frequently argue by “appeal to Galileo” ; opponents object by criticizing the analogy, charging fallacy, and appealing to counter-examples. I argue that Galilean appeals are much more widely used, by creationists, global-warming skeptics, advocates of “settled science”, great scientists, and great philosophers. Moreover, several subtypes should be distinguished; critiques questioning the analogy are proper; fallacy charges are problematic; and appeals to counter-examples are really indirect critiques of (...) the analogy. (shrink)

This paper will add to the discourse on analogical arguments by showing that they need not be deductively reconstructed in common contexts of persuasion. Analogical arguments have varying degrees of similarity, which helps us to understand their varying degrees of strength. Pace Shecaira it will be argued that this is a common and useful way of examining analogical arguments. It will be shown that deductive reconstruction does not adequately capture the needed degrees of strength. Let us start with two-wise similarity (...) claims. Subject S1 says that the disputed case C1 is similar to C2 and should be treated as x, just as C2 is. S2 says that C1 is similar to C3 and should be treated as y, just as C3 is. S1 may counter with a three-wise similarity claim: C1 is more similar to C2 than it is to C3, because…, so C1 should be treated as x. Think of lawyers in court. It will be shown that the evaluation of analogical arguments in these contexts turns in a central way on similarity, and that deductive reconstructions get in the way of a proper understanding of the preceding. (shrink)