a recent paper, Fábio Perin Shecaira proposes a defence of Waller’s deductivist schema for moral analogical argumentation. This defence has several flaws, the most important of them being that many good analogical arguments would be deemed bad or deficient. Additionally, Shecaira misrepresents my alternative account as something in between deductivism and non-deductivism. This paper is both an attempt at solving this misunderstanding and an analysis and criticism of Waller and Shecaira’s forms of deductivism.

The article discusses topics in the context of contemporary legal argumentation. It starts with a sketch of the development of topics from ancient times until the present day. Here the author focuses on the theory of the German legal philosopher Theodor Viehweg, which was most influential to legal argumentation in the 20th century. Then a modern concept of topics is introduced and finally the author discusses the role of topics in contemporary legal argumentation. In this part the distinction between topoi (...) in the weak sense (practically all argumentation schemes) and in the strong sense (specific legal topoi as listed by Gerhard Struck in 1971 is introduced. The author argues that Viehweg’s claim that topics plays an important role in legal argumentation is problematic, because topoi in the weak sense are certainly of high importance, but this is almost trivial. Topoi in the strong sense on the other hand are only of minor importance for legal practice. What characterises legal discourse much more is a set specific pragmatic discourse rules, discussed at the end of the paper. (shrink)

A popular three-stage argument appraisal strategy calls for (1) identifying the parts of the argument, (2) classifYing the argument as deductive, inductive, or some other type, and (3) appraising the argument using the standards appropriate for the type. This strategy fails for a number of reasons. I propose a comprehensive alternative approach that distinguishes between inductive, deductive, and other standards; calls for the successive application of standards combined with assumption-ascription, according to policies that depend for their selection on the goals (...) of the appraiser; and provides for qualified reasoning. (shrink)

In this thesis I present an exploration into the concept of ‘argument’ in informal logic. I have separated the work into three major areas: the historical antecedents to the informal logicians, the Windsor group of informal logicians, and recent developments in informal logic and the concept of ‘argument.’ In doing so I provide insight into the concept of ‘argument’ within informal logic.

Conceptual clarity is essential when engaging in dialogue to avoid unnecessary disagreement and to promote mutual understanding. In this issue devoted to clinical bioethics, the authors exemplify the virtue of careful conceptual analysis as they explore complex clinical questions regarding the essential nature of medicine, the boundaries of killing and letting die, the meaning of irreversibility in definitions of death, the argument for a right to try experimental medications, the ethical borders in complex medical billing, and the definition and modeling (...) of complex disease states. (shrink)

In pro and con arguments, an arguer acknowledges that there are points against the conclu-sion reached. Such points have been called ‘counter-considerations.’ Their significance is explored here in the light of recent comments by Rongdong Jin, Hans Hansen and others. A conception of connector words such as “although”, “nevertheless,” and “but” is developed, as is a new model recognizing the need for an ‘on balance’ judgment in these arguments.