The relation between logic and philosophy of science, often taken for granted, is in fact problematic. Although current fashionable criticisms of the usefulness of logic are usually mistaken, there are indeed difficulties which should be taken seriously -- having to do, amongst other things, with different "scientific mentalities" in the two disciplines. Nevertheless, logic is, or should be, a vital part of the theory of science. To make this clear, the bulk of this paper is devoted to the key notion (...) of a "scientific theory" in a logical perspective. First, various formal explications of this notion are reviewed, then their further logical theory is discussed. In the absence of grand inspiring programs like those of Klein in mathematics or Hilbert in metamathematics, this preparatory ground-work is the best one can do here. The paper ends on a philosophical note, discussing applicability and merits of the formal approach to the study of science. (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

Archaeology is a domain that studies material remains of past action in order to interpret past context and understand social structures and cultural dynamics. The archaeological record is the primary research object of archaeologists. It consists of static material traces of past events in the present and, by itself, it does not inform us about the past. The meaning of the archaeological record can be understood only by studying it, i.e. how the material remains were formed and what might have (...) been the past events that produced this kind of record.One of the problems archaeology faces is that archaeologists study past people, objects, and events, but as the past does not exist... (shrink)

Contemporary reasoning about health is infused with the work products of experts, and expert reasoning about health itself is an active site for invention and design. Building on Toulmin’s largely undeveloped ideas on field-dependence, we argue that expert fields can develop new inference rules that, together with the backing they require, become accepted ways of drawing and defending conclusions. The new inference rules themselves function as warrants, and we introduce the term “warranting device” to refer to an assembly of the (...) rule plus whatever material, procedural, and institutional resources are required to assure its dependability. We present a case study on the Cochrane Review, a new method for synthesizing evidence across large numbers of scientific studies. After reviewing the evolution and current structure of the device, we discuss the distinctive kinds of critical questions that may be raised around Cochrane Reviews, both within the expert field and beyond. Although Toulmin’s theory of field-dependence is often criticized for its relativism, we find that, as a matter of practical fact, field-specific warrants do not enjoy immunity from external critique. On the contrary, they can be opened to evaluation and critique from any interested perspective. (shrink)

This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...) in the literature on presumptions, since its foundation in the Middle Ages to modern times. James Bradley Thayer was probably the last jurist who clearly saw that presumptions belong to argumentation. Second, the paper examines two sources of controversy in the language of presumptions. First, “presumption” is an ambiguous word in the legal discourse. As a result, it is almost impossible to provide a clear and succinct answer to the question “What is a presumption?”. Second, there are at least four reconstructions of the concept of presumption whose merits and shortcomings are relevant to explore. The analysis presented here may be of interest for legal and non-legal scholars and, hopefully, it may help to shed light on the possibilities and limits of an interdisciplinary dialogue about presumptions. (shrink)

I defend a conception of Logic as normative for the sort of activities in which inferences super-vene, namely, reasoning and arguing. Toulmin’s criticism of formal logic will be our framework to shape the idea that in order to make sense of Logic as normative, we should con-ceive it as a discipline devoted to the layout of arguments, understood as the representations of the semantic, truth relevant, properties of the inferences that we make in arguing and reason-ing.