In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based (...) defeasibility, and theory‐based defeasibility. Only the integration of these three perspectives allows us to provide a satisfactory account of the role of defeasibility in legal reasoning. (shrink)

The frame problem is a problem in artificial intelligence that a number of philosophers have claimed has philosophical relevance. The structure of this paper is as follows: (1) An account of the frame problem is given; (2) The frame problem is distinguished from related problems; (3) The main strategies for dealing with the frame problem are outlined; (4) A difference between commonsense reasoning and prediction using a scientific theory is argued for; (5) Some implications for the..

We discuss O&C's probabilistic approach from a probability logical point of view. Specifically, we comment on subjective probability, the indispensability of logic, the Ramsey test, the consequence relation, human nonmonotonic reasoning, intervals, generalized quantifiers, and rational analysis.

This is a position paper concerning the role of empirical studies of human default reasoning in the formalization of AI theories of default reasoning. We note that AI motivates its theoretical enterprise by reference to human skill at default reasoning, but that the actual research does not make any use of this sort of information and instead relies on intuitions of individual investigators. We discuss two reasons theorists might not consider human performance relevant to formalizing default reasoning: (a) that intuitions (...) are sufficient to describe a model, and (b) that human performance in this arena is irrelevant to a competence model of the phenomenon. We provide arguments against both these reasons. We then bring forward three further considerations against the use of intuitions in this arena: (a) it leads to an unawareness of predicate ambiguity, (b) it presumes an understanding of ordinary language statements of typicality, and (c) it is similar to discredited views in other fields. We advocate empirical investigation of the range of human phenomena that intuitively embody default reasoning. Gathering such information would provide data with which to generate formal default theories and against which to test the claims of proposed theories. Our position is that such data are the very phenomena that default theories are supposed to explain. (shrink)

Default reasoning occurs when the available information does not deductively guarantee the truth of the conclusion; and the conclusion is nonetheless correctly arrived at. The formalisms that have been developed in Artificial Intelligence to capture this mode of reasoning have suffered from a lack of agreement as to which non-monotonic inferences should be considered correct; and so Lifschitz 1989 produced a set of “Nonmonotonic Benchmark Problems” which all future formalisms are supposed to honor. The present work investigates the extent to (...) which humans follow the prescriptions set out in these Benchmark Problems. (shrink)

This essay seeks to give a contractarian foundation to the concept of Corporate Social Responsibility (CSR), meant as an extended model of corporate governance of the firm. Whereas, justificatory issues have been discussed in a related paper (Sacconi, L.: 2006b, this journal), in this essay I focus on the implementation of and compliance with this normative model. The theory of reputation games, with reference to the basic game of trust, is introduced in order to make sense of self-regulation as a (...) way to implement the social contract on the multi-fiduciary model of corporate governance. This affords understanding of why self-regulation, meant as mere recourse to a long-run strategy in a repeated trust game, fails. Two basic problems for the functioning of the reputation mechanism are examined: the cognitive fragility problem, and the motivational problem. As regards the cognitive fragilities of reputation (which result from the impact of unforeseen contingencies and from bounded rationality), the paper develops the logic and the structure that self-regulatory norms must satisfy if they are to serve as gap-filling tools with which to remedy cognitive limitations in the reputation mechanism. The motivation problem then arises from the possibility of sophisticated abuse by the firm. Developed in this case is an entirely new application of the theory of conformism-and-reciprocity-based preferences, the result of which is that the stakeholders refuse to acquiesce to sophisticated abuse on the part of the firm. (shrink)

In this article, we redefine classical notions of theory reduction in such a way that model-theoretic preferential semantics becomes part of a realist depiction of this aspect of science. We offer a model-theoretic reconstruction of science in which theory succession or reduction is often better - or at a finer level of analysis - interpreted as the result of model succession or reduction. This analysis leads to 'defeasible reduction', defined as follows: The conjunction of the assumptions of a reducing theory (...) T with the definitions translating the vocabulary of a reduced theory T' to the vocabulary of T, defeasibly entails the assumptions of reduced T'. This relation of defeasible reduction offers, in the context of additional knowledge becoming available, articulation of a more flexible kind of reduction in theory development than in the classical case. Also, defeasible reduction is shown to solve the problems of entailment that classical homogeneous reduction encounters. Reduction in the defeasible sense is a practical device for studying the processes of science, since it is about highlighting different aspects of the same theory at different times of application, rather than about naive dreams concerning a metaphysical unity of science. (shrink)

Reasoning almost always occurs in the face of incomplete information. Such reasoning is nonmonotonic in the sense that conclusions drawn may later be withdrawn when additional information is obtained. There is an active literature on the problem of modeling such nonmonotonic reasoning, yet no category of method-let alone a single method-has been broadly accepted as the right approach. This paper introduces a new method, called sweeping presumptions, for modeling nonmonotonic reasoning. The main goal of the paper is to provide an (...) example-driven, nontechnical introduction to the method of sweeping presumptions, and thereby to make it plausible that sweeping presumptions can usefully be applied to the problems of nonmonotonic reasoning. The paper discusses a representative sample of examples that have appeared in the literature on nonmonotonic reasoning, and discusses them from the point of view of sweeping presumptions. (shrink)

We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof as a (...) key element, indicating what level of support must be achieved by one side to win the argument. Burden of proof acts as move filter, turntaking mechanism, and termination criterion, eventually determining the winner of an argument. Our model has been implemented in a computer program. We demonstrate the model by considering program output for two examples previously discussed in the artificial intelligence and legal reasoning literature. (shrink)

This article presents a detailed formal approach to concepts and concept combination. Sense generation is a competence‐level theory that attempts to respect constraints from the various cognitive sciences, and postulates “quasi‐classical” conceptual structures where attributes receive only one value (but are defeasible and so do not represent necessary and sufficient conditions on category membership) and where classification is binary (but explicitly context‐sensitive). It is also argued that any general theory of concepts must account for “privative” combinations (e.g., stone lion, fake (...) gun, apparent friend) as extreme test‐cases of representational and classificatory flexibility. The approach presented therefore provides a treatment of these combinations. The approach differentiates between the “lexical concept” (the stable information represented in a mental lexicon) which acts as a base from which the various “senses” (flexible contents associated with words and phrases in context, and used in classification) are “generated.” Generation allows nonmonotonicity, so that in different circumstances, different attributes may be defeated or modified. Classification is treated as relative to the perspective adopted, so that a classification acceptable from one perspective may be unacceptable from another, without contradiction. The result is a view that assumes bottom‐up priority in concept combination, where the range of senses generated by bottom‐up rules of combination is tempered by pragmatic‐communicative constraints on classification. An account of the representational and classification behavior of privative combinations is outlined, and the article concludes with a discussion of some of the implications of the approach. (shrink)

This paper examines the nature of theory structure in biology and considers the implications of those theoretical structures for theory reduction. An account of biological theories as interlevel prototypes embodying causal sequences, and related to each other by strong analogies, is presented, and examples from the neurosciences are provided to illustrate these middle-range theories. I then go on to discuss several modifications of Nagel''s classical model of theory reduction, and indicate at what stages in the development of reductions these models (...) might best apply. Finally I consider several implications of these analyses of theory structure and reduction for disciplinary integration in biology. (shrink)

On the basis of impossibility results on probability, belief revision, and conditionals, it is argued that conditional beliefs differ from beliefs in conditionals qua mental states. Once this is established, it will be pointed out in what sense conditional beliefs are still conditional, even though they may lack conditional contents, and why it is permissible to still regard them as beliefs, although they are not beliefs in conditionals. Along the way, the main logical, dispositional, representational, and normative properties of conditional (...) beliefs are studied, and it is explained how the failure of not distinguishing conditional beliefs from beliefs in conditionals can lead philosophical and empirical theories astray. (shrink)

From a philosophical standpoint, the work presented here is based on van Fraassen [26]. The bulk of that paper is organized around a series of arguments against the assumption, built into standard deontic logic, that moral dilemmas are impossible; and van Fraassen only briefly sketches his alternative approach. His paper ends with the conclusion that “the problem of possibly irresolvable moral conflict reveals serious flaws in the philosophical and semantic foundations of ‘orthodox’ deontic logic, but also suggests a rich set (...) of new problems and methods for such logic.” My goal has been to suggest that some of these methods might be found in current research on nonmonotonic reasoning, and that some of the problems may have been confronted there as well.I have shown that nonmonotonic logics provide a natural framework for reasoning about moral dilemmas, perhaps even more useful than the ordinary modal framework, and that the issues surrounding the treatment of exceptional information within these logics run parallel to some of the problems posed by conditional oughts. However, there is also another way in which deontic logic might benefit from a connection to nonmonotonic reasoning. A familiar criticism among ethicists of work in deontic logic is that it is too abstract, and too far removed from the kind of problems confronted by real agents in moral deliberation. It must be said that similar criticisms of abstraction and irrelevance are often lodged against work in nonmonotonic reasoning by more practically minded researchers in artificial intelligence; but here, at least, the criticisms are taken seriously. Nonmonotonic logic aims at a qualitative account of commonsense reasoning, which can be used to relate planning and action to defeasible goals and beliefs; and at least some of the theories developed in this area have been tested in realistic situations. By linking the subject of deontic logic to this research, it may be possible also to relate the idealized study of moral reasoning typical of the field to a more robust treatment of practical deliberation. (shrink)

While the epistemic significance of disagreement has been a popular topic in epistemology for at least a decade, little attention has been paid to logical disagreement. This monograph is meant as a remedy. The text starts with an extensive literature review of the epistemology of (peer) disagreement and sets the stage for an epistemological study of logical disagreement. The guiding thread for the rest of the work is then three distinct readings of the ambiguous term ‘logical disagreement’. Chapters 1 and (...) 2 focus on the Ad Hoc Reading according to which logical disagreements occur when two subjects take incompatible doxastic attitudes toward a specific proposition in or about logic. Chapter 2 presents a new counterexample to the widely discussed Uniqueness Thesis. Chapters 3 and 4 focus on the Theory Choice Reading of ‘logical disagreement’. According to this interpretation, logical disagreements occur at the level of entire logical theories rather than individual entailment-claims. Chapter 4 concerns a key question from the philosophy of logic, viz., how we have epistemic justification for claims about logical consequence. In Chapters 5 and 6 we turn to the Akrasia Reading. On this reading, logical disagreements occur when there is a mismatch between the deductive strength of one’s background logic and the logical theory one prefers (officially). Chapter 6 introduces logical akrasia by analogy to epistemic akrasia and presents a novel dilemma. Chapter 7 revisits the epistemology of peer disagreement and argues that the epistemic significance of central principles from the literature are at best deflated in the context of logical disagreement. The chapter also develops a simple formal model of deep disagreement in Default Logic, relating this to our general discussion of logical disagreement. The monograph ends in an epilogue with some reflections on the potential epistemic significance of convergence in logical theorizing. (shrink)

Theoria, Volume 88, Issue 3, Page 494-528, June 2022.

I will analyse three fundamental ways of governing ignorance though abduction, which are essential from an eco-cognitive and eco-logical point of view, in which the central role in human cognition of natural and artefactual environment is taken into account. First of all, according to the so-called GW-schema, proposed by Gabbay and Woods, abduction presents an ignorance-preserving or (ignorance-mitigating) character: given the fact that the abduced hypotheses aim at becoming truths, the basic ignorance is neither solved nor left untouched. Second, I (...) will contend that abduction is not always ignorance preserving but also knowledge enhancing. Indeed, according to the eco-cognitive model of abduction, I myself have recently proposed, we can easily see that, occasionally, knowledge can be immediately increased (and ignorance ‘killed’) through abduction: in this perspective, abduction does not have to be rigidly conceptualized as an inference to the best explanation in the received sense, which is as an inference that, to grant truth, also takes advantage of an empirical evaluation phase or an inductive phase, as Peirce classified it. Finally, it is important to stress that abductive cognition is at the roots of two fundamental cognitive processes. On one side, abductive cognition constructs (and/or takes advantage of the exploitation of) embodiments, external representations, enactions, artefacts and props, which involve ignorant entities suitably transformed in cognitive representations and/or devices. On the other side, abductive cognition dominates those ‘special’ cognitive creative processes that lead to what I call the disseminated ‘computational domestication of ignorant entities’: I will illustrate the example of the recent unconventional computational domestication of ignorant entities, which creates novel cognitive embodiments (morphological computation). (shrink)

Fifty years of effort in artificial intelligence (AI) and the formalization of legal reasoning have produced both successes and failures. Considerable success in organizing and displaying evidence and its interrelationships has been accompanied by failure to achieve the original ambition of AI as applied to law: fully automated legal decision-making. The obstacles to formalizing legal reasoning have proved to be the same ones that make the formalization of commonsense reasoning so difficult, and are most evident where legal reasoning has to (...) meld with the vast web of ordinary human knowledge of the world. Underlying many of the problems is the mismatch between the discreteness of symbol manipulation and the continuous nature of imprecise natural language, of degrees of similarity and analogy, and of probabilities. (shrink)

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

This paper presents a uniform semantic treatment of nonmonotonic inference operations that allow for inferences from infinite sets of premises. The semantics is formulated in terms of selection functions and is a generalization of the preferential semantics of Shoham (1987), (1988), Kraus, Lehman, and Magidor (1990) and Makinson (1989), (1993). A selection function picks out from a given set of possible states (worlds, situations, models) a subset consisting of those states that are, in some sense, the most preferred ones. A (...) proposition α is a nonmonotonic consequence of a set of propositions Γ iff α holds in all the most preferred Γ-states. In the literature on revealed preference theory, there are a number of well-known theorems concerning the representability of selection functions, satisfying certain properties, in terms of underlying preference relations. Such theorems are utilized here to give corresponding representation theorems for nonmonotonic inference operations. At the end of the paper, the connection between nonmonotonic inference and belief revision, in the sense of Alchourrón, Gärdenfors, and Makinson, is explored. In this connection, infinitary belief revision operations that allow for the revision of a theory with a possibly infinite set of propositions are introduced and characterized axiomatically. (shrink)

This article begins with an introduction to defeasible (nonmonotonic) reasoning and a brief description of a computer program, EVID, which can perform such reasoning. I then explain, and illustrate with examples, how this program can be applied in computational representations of ordinary dialogic argumentation. The program represents the beliefs and doubts of the dialoguers, and uses these propositional attitudes, which can include commonsense defeasible inference rules, to infer various changing conclusions as a dialogue progresses. It is proposed that computational representations (...) of this kind are a useful tool in the analysis of dialogic argumentation, and, in particular, demonstrate the important role of defeasible reasoning in everyday arguments using commonsense reasoning. (shrink)

A consequence relation \ is monotonic iff for premise sets \ and conclusion \, if \, \, then \; and non-monotonic if this fails in some instance. More plainly, a consequence relation is monotonic when whatever is entailed by a premise set remains entailed by any of its supersets. From the High Middle Ages through the Early Modern period, consequence in theology is assumed to be monotonic. Concomitantly, to the degree the argument formulated by Anselm at Proslogion 2–4 is taken (...) up by later commentators, it is accepted or rejected in accordance with a monotonic notion of consequence. Examining Anselm’s use of parallelism in the Proslogion, I show Anselm embeds his famous argument in Proslogion 2–4 in a non-monotonic context. The results here presented challenge some deeply ingrained ideas governing the historiography of the long twelfth century, particularly concerning how the theology of the later eleventh through the twelfth century relates to the scholasticism of the thirteenth. (shrink)

:A normative Bayesian theory of deliberation and judgement requires a procedure for merging the evidence of a collection of agents. In order to provide such a procedure, one needs to ask what the evidence is that grounds Bayesian probabilities. After finding fault with several views on the nature of evidence, it is argued that evidence is whatever is rationally taken for granted. This view is shown to have consequences for an account of merging evidence, and it is argued that standard (...) axioms for merging need to be altered somewhat. (shrink)