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  1. Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint.Francesca Poggi - 2020 - Argumentation 35 (3):409-434.
    The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I will (...)
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  • Eveline T. Feteris: Fundamentals of legal argumentation: Springer, 2017, 2nd edn, pp. 363.T. J. M. Bench-Capon - 2018 - Artificial Intelligence and Law 26 (3):307-314.
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  • Peirce Knew Why Abduction Isn’t IBE—A Scheme and Critical Questions for Abductive Argument.Shiyang Yu & Frank Zenker - 2017 - Argumentation 32 (4):569-587.
    Whether abduction is treated as an argument or as an inference, the mainstream view presupposes a tight connection between abduction and inference to the best explanation. This paper critically evaluates this link and supports a narrower view on abduction. Our main thesis is that merely the hypothesis-generative aspect, but not the evaluative aspect, is properly abductive in the sense introduced by C. S. Peirce. We show why equating abduction with IBE unnecessarily complicates argument evaluation by levelling the status of abduction (...)
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  • Discovering Argumentative Patterns in Energy Polylogues: A Macroscope for Argument Mining.Elena Musi & Mark Aakhus - 2018 - Argumentation 32 (3):397-430.
    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 (...)
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  • Empathy, not Truth: Can a Dialectical and Skeptical Argumentation Enhance Both Democracy and Human Rights Courts?Alberto Puppo - 2018 - Crítica. Revista Hispanoamericana de Filosofía 50 (149):89-117.
    Who is the best moral reasoner, the judge or the legislator? The aim of this paper is to refine this question, by distinguishing between different metaethical assumptions. If the meta-ethical assumptions of arguers are incompatible or if their institutional goal is to establish some truth, there is no way of entering in a constructive argumentative activity. My claim is that only when arguers renounce any epistemic temptation and feel empathy with respect to others’ arguments, can institutions improve the quality of (...)
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