Because motives and intentions are internal, and not directly observable by another agent, it has always been a problem to find a pathway of reasoning linking them to externally observable evidence...

Douglas Walton’s work is extremely vast, multifaceted, and interdisciplinary. He developed theoretical proposals that have been used in disciplines that are not traditionally related to philosophy, such as law, education, discourse analysis, artificial intelligence, or medical communication. Through his papers and books, Walton redefined the boundaries not only of argumentation theory, but also logic and philosophy. He was a philosopher in the sense that his interest was developing theoretical models that can help explain reality, and more importantly interact with it. (...) For this reason, he proposed methods that have been used for analyzing different types of dialogical interactions, and modeling procedures for regulating them. (shrink)

In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

Models of deliberative dialogue are fundamental for developing autonomous systems that support human practical reasoning. The question discussed in this paper is whether existing models are able to...

We present a high-level declarative programming language for representing argumentation schemes, where schemes represented in this language can be easily validated by domain experts, including deve...

In multi-agent systems (MAS), abstract argumentation and argumentation schemes are increasingly important. To be useful for MAS, argumentation schemes require a computational approach so that agent...

Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century until nowadays. (...) With his book Argumentation schemes for presumptive reasoning, Walton attempted to start a dialogue between three different fields or views on human reasoning – one (argumentation theory) very recent, one (dialectics) very ancient and with a very long tradition, and one (formal logic) relatively recent, but dominating in philosophy. Argumentation schemes were proposed as dialectical instruments, in the sense that they represented arguments not only as formal relations, but also as pragmatic inferences in the sense that they depend on what the interlocutors share and accept in a given dialogical circumstance and affect their dialogical relation. In this introduction, the notion of argumentation scheme will be analyzed in detail, showing its different dimensions and its defining features which make them an extremely useful instrument in Artificial Intelligence. This theoretical background will be followed by a literature review on the uses of the schemes in computing, aimed at identifying the most important areas and trends, the most promising proposals, and the directions of future research. (shrink)

What role, if any, does dialectic play in Aristotle’s epistemology in the Topics? In this paper I argue that it does play a role, but a role that is independent of endoxa. In the first section, I sketch the case for thinking that dialectic plays a distinctively epistemological role—not just a methodological role, or a merely instrumental role in getting episteme. In the second section, I consider three ways it could play that role, on two of which endoxa play at (...) least a co-starring role. But in the third section, I argue that endoxa don’t play that co-starring role, by arguing for a deflationary account of what endoxa are. For that reason, the third view emerges as the most plausible; but the third view is, I’ll suggest, Platonic. (shrink)

In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

One explanation of rational peer disagreement is that agents find themselves in an epistemically permissive situation. In fact, some authors have suggested that, while evidence could be impermissive at the intrapersonal level, it is permissive at the interpersonal level. In this paper, I challenge such a claim. I will argue that, at least in cases of rational disagreement under full disclosure, there cannot be more interpersonal epistemically permissive situations than there are intrapersonal epistemically permissive situations. In other words, with respect (...) to cases of disagreement under full disclosure, I will argue that there is a necessary connection between interpersonal permissiveness and its intrapersonal counterpart. Specifically, I claim that a plausible principle of correct argumentation supports such a bridge. (shrink)

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

In this paper, I propose a logical-cognitive approach to argumentation and advocate an idea that argumentation presupposes that intelligent agents engaged in it are cognitively diverse. My approach to argumentation allows drawing distinctions between justification, conviction and persuasion as its different kinds. In justification agents seek to verify weak or strong coherency of an agent’s position in a dialogue. In conviction they argue to modify their partner’s position by means of demonstrating weak or strong cogency of their positions before a (...) ‘rational judge’. My approach to argumentation employs a ‘light’ version of Dung’s abstract argumentative frameworks. It is based on Stich’s idea of agents’ cognitive diversity the epistemic aspect of which is argued to be close to Pavilionis’s conception of meaning continuum. To illustrate my contributions I use an example based on the Kitchen Debate (1959) between Khrushchev and Nixon. (shrink)

In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...) full understanding of causal argumentation. (shrink)

Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. In the past decades, the important role of causal knowledge has been discovered in many areas of cognitive (...) psychology. Despite the ubiquity of causal reasoning, textbooks of cognitive psychology have neglected this growing field. The goal of The Oxford Handbook of Causal Reasoning is to fill this gap. The handbook brings together the leading researchers in the field of causal reasoning and offers state-of-the-art presentations of theories and research. It provides introductions of competing theories of causal reasoning, and discusses its role in various cognitive functions and domains. The final section presents research from neighboring fields. 1. Causal Reasoning: An Introduction Michael R. Waldmann Part I: Theories of Causal Cognition 2. Associative Accounts of Causal Cognition Mike E. Le Pelley, Oren Griffiths, and Tom Beesley 3. Rules of Causal Judgment: Mapping Statistical Information Onto Causal Beliefs José C. Perales, Andrés Catena, Antonio Cándido, and Antonio Maldonado 4. The Inferential Reasoning Theory of Causal Learning: Toward a Multi- Process Propositional Account Yannick Boddez, Jan De Houwer, and Tom Beckers 5. Causal Invariance as an Essential Constraint for Creating a Causal Representation of the World: Generalizing the Invariance of Causal Power Patricia W. Cheng and Hongjing Lu 6. The Acquisition and Use of Causal Structure Knowledge Benjamin Margolin Rottman 7. Formalizing Prior Knowledge in Causal Induction Thomas L. Griffiths 8. Causal Mechanisms Samuel G. B. Johnson and Woo-kyoung Ahn 9. Force Dynamics and Causation Phillip Wolff and Robert Thorstad 10. Mental Models and Causation P. N. Johnson- Laird and Sangeet S. Khemlani 11. Pseudocontingencies Klaus Fiedler and Florian Kutzner 12. Singular Causation David Danks 13. Cognitive Neuroscience of Causal Reasoning Joachim T. Operskalski and Aron K. Barbey Part II: Basic Cognitive Functions 14. Visual Impressions of Causality Peter White 15. Goal-Directed Actions Bernhard Hommel 16. Planning and Control Magda Osman 17. Reinforcement Learning and Causal Models Samuel J. Gershman 18. Causation and the Probability of Causal Conditionals David E. Over 19. Causal Models and Conditional Reasoning Mike Oaksford and Nick Chater 20. Concepts as Causal Models: Categorization Bob Rehder 21. Concepts as Causal Models: Induction Bob Rehder 22. Causal Explanation Tania Lombrozo and Nadya Vasilyeva 23. Diagnostic Reasoning Björn Meder and Ralf Mayrhofer 24. Inferring Causal Relations by Analogy Keith J. Holyoak and Hee-Seung Lee 25. Causal Argument Ulrike Hahn, Roland Bluhm, and Frank Zenker 26. Causality in Decision- Making York Hagmayer and Philip M. Fernbach Part III: Domains of Causal Reasoning 27. Intuitive Theories Tobias Gerstenberg and Joshua B. Tenenbaum 28. Space, Time, and Causality Marc J. Buehner 29. Causation in Legal and Moral Reasoning David A. Lagnado and Tobias Gerstenberg 30. The Role of Causal Knowledge in Reasoning About Mental Disorders Woo-kyoung Ahn, Nancy S. Kim, and Matthew S. Lebowitz 31. Causality and Causal Reasoning in Natural Language Torgrim Solstad and Oliver Bott 32. Social Attribution and Explanation Denis Hilton Part IV: Development, Phylogeny, and Culture 33. The Development of Causal Reasoning Paul Muentener and Elizabeth Bonawitz 34. Causal Reasoning in Non-Human Animals Christian Schloegl and Julia Fischer 35. Causal Cognition and Culture Andrea Bender, Sieghard Beller, and Douglas L. Medin. (shrink)

Recent work on conditional reasoning argues that denying the antecedent [DA] and affirming the consequent [AC] are defeasible but cogent patterns of argument, either because they are effective, rational, albeit heuristic applications of Bayesian probability, or because they are licensed by the principle of total evidence. Against this, we show that on any prevailing interpretation of indicative conditionals the premises of DA and AC arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather (...) depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. (shrink)

In abstract argumentation, each argument is regarded as atomic. There is no internal structure to an argument. Also, there is no specification of what is an argument or an attack. They are assumed to be given. This abstract perspective provides many advantages for studying the nature of argumentation, but it does not cover all our needs for understanding argumentation or for building tools for supporting or undertaking argumentation. If we want a more detailed formalization of arguments than is available with (...) abstract argumentation, we can turn to structured argumentation, which is the topic of this special issue of Argument and Computation. In structured argumentation, we assume a formal language for representing knowledge and specifying how arguments and counterarguments can be constructed from that knowledge. An argument is then said to be structured in the sense that normally, the premises and claim of the argument are made explicit, and the relationship between the premises and claim is formally defined (for instance, using logical entailment). In this introduction, we provide a brief overview of the approaches covered in this special issue on structured argumentation. (shrink)

How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition (...) when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are (...) comparatively evaluated with the aim of working out a more comprehensive theory that can integrate the components of the argumentation structure on which they are based. It is shown that the notion of presumption has both a logical component and a dialectical component, and the new theory of presumption developed in the paper, called the dialogical theory, combines these two components. (shrink)

Everyday life reasoning and argumentation is defeasible and uncertain. I present a probability logic framework to rationally reconstruct everyday life reasoning and argumentation. Coherence in the sense of de Finetti is used as the basic rationality norm. I discuss two basic classes of approaches to construct measures of argument strength. The first class imposes a probabilistic relation between the premises and the conclusion. The second class imposes a deductive relation. I argue for the second class, as the first class is (...) problematic if the arguments involve conditionals. I present a measure of argument strength that allows for dealing explicitly with uncertain conditionals in the premise set. (shrink)

We provide a logical analysis of private international law, a rather esoteric, but increasingly important, domain of the law. Private international law addresses overlaps and conflicts between legal systems by distributing cases between the authorities of such systems (jurisdiction) and establishing what rules these authorities have to apply to each case (choice of law). A formal model of the resulting interactions between legal systems is proposed based on modular argumentation. It is argued that this model may also be useful for (...) governing the interactions between heterogeneous agents, belonging to different and differently regulated virtual societies, without recourse to a central regulatory agency. The model also provides for multiple interpretations concerning rules of private international law as well as substantive rules of the different legal systems. (shrink)

Carneades is an open source argument mapping application and a programming library for building argumentation support tools. In this paper, Carneades’ support for argument reconstruction, evaluation and visualization is illustrated by modeling most of the factual and legal arguments in Popov v Hayashi.

In this article the argumentation structure of the court’s decision in the Popov v. Hayashi case is formalised in Prakken’s (Argument Comput 1:93–124; 2010) abstract framework for argument-based inference with structured arguments. In this framework, arguments are inference trees formed by applying two kinds of inference rules, strict and defeasible rules. Arguments can be attacked in three ways: attacking a premise, attacking a conclusion and attacking an inference. To resolve such conflicts, preferences may be used, which leads to three corresponding (...) kinds of defeat, after which Dung’s (Artif Intell 77:321–357; 1995) abstract acceptability semantics can be used to evaluate the arguments. In the present paper the abstract framework is instantiated with strict inference rules corresponding to first-order logic and with defeasible inference rules for defeasible modus ponens and various argument schemes. The main techniques used in the formal reconstruction of the case are rule-exception structures and arguments about rule validity. Arguments about socio-legal values and the use of precedent cases are reduced to arguments about rule validity. The tree structure of arguments, with explicit subargument relations between arguments, is used to capture the dependency relations between the elements of the court’s decision. (shrink)

Carneades is a recently proposed formalism for structured argumentation with varying proof standards, inspired by legal reasoning, but more generally applicable. Its distinctive feature is that each statement can be given its own proof standard, which is claimed to allow a more natural account of reasoning under burden of proof than existing formalisms for structured argumentation, in which proof standards are defined globally. In this article, the two formalisms are formally related by translating Carneades into the ASPIC+ framework for structured (...) argumentation. Since ASPIC+ is defined to generate Dung-style abstract argumentation frameworks, this in effect translates Carneades graphs into abstract argumentation frameworks. For this translation, we prove a formal correspondence and show that certain rationality postulates hold. It is furthermore proved that Carneades always induces a unique Dung extension, which is the same in all of Dung's semantics, allowing us to generalise Carneades to cycle-containing structures. (shrink)

We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...) purpose in common laws of contract. The formalism is based on modular argumentation, a recently proposed extension of assumption-based argumentation for modelling contract dispute resolution. (shrink)

I shall compare two views of legal concepts: as nodes in inferential nets and as categories in an ontology (a conceptual architecture). Firstly, I shall introduce the inferential approach, consider its implications, and distinguish the mere possession of an inferentially defined concept from the belief in the concept’s applicability, which also involves the acceptance of the concept’s constitutive inferences. For making this distinction, the inferential and eliminative analysis of legal concepts proposed by Alf Ross will be connected to the views (...) on theoretical concepts in science advanced by Frank Ramsey and Rudolf Carnap. Consequently, the mere comprehension of a legal concept will be distinguished from the application of the concept to a particular legal system, since application presupposes a doctrinal commitment, namely, the belief that the inferences constituting the concept hold in that system. Then, I shall consider how concepts can be characterised by defining the corresponding terms and placing them within an ontology. Finally, I shall argue that there is a tension between the inferential and the ontological approach, but that both need to be taken into account, to capture the meaning and the cognitive function of legal concepts. (shrink)

Work on a computer program called SMILE + IBP (SMart Index Learner Plus Issue-Based Prediction) bridges case-based reasoning and extracting information from texts. The program addresses a technologically challenging task that is also very relevant from a legal viewpoint: to extract information from textual descriptions of the facts of decided cases and apply that information to predict the outcomes of new cases. The program attempts to automatically classify textual descriptions of the facts of legal problems in terms of Factors, a (...) set of classification concepts that capture stereotypical fact patterns that effect the strength of a legal claim, here trade secret misappropriation. Using these classifications, the program can evaluate and explain predictions about a problem’s outcome given a database of previously classified cases. This paper provides an extended example illustrating both functions, prediction by IBP and text classification by SMILE, and reports empirical evaluations of each. While IBP’s results are quite strong, and SMILE’s much weaker, SMILE + IBP still has some success predicting and explaining the outcomes of case scenarios input as texts. It marks the first time to our knowledge that a program can reason automatically about legal case texts. (shrink)

To create a programming environment for contract dispute resolution, we propose an extension of assumption-based argumentation into modular assumption-based argumentation in which different modules of argumentation representing different knowledge bases for reasoning about beliefs and facts and for representation and reasoning with the legal doctrines could be built and assembled together. A distinct novel feature of modular argumentation in compare with other modular logic-based systems like Prolog is that it allows references to different semantics in the same module at the (...) same time, a feature critically important for application of argumentation in legal domains like contract dispute resolution where the outcomes of court cases often depend on whether credulous or skeptical modes of reasoning were applied by the contract parties. We apply the new framework to model the doctrines of contract breach and mutual mistake. (shrink)

Even though tools for identifying and analyzing arguments are now in wide use in the field of argumentation studies, so far there is a paucity of resources for evaluating real arguments, aside from using deductive logic or Bayesian rules that apply to inductive arguments. In this paper it is shown that recent developments in artificial intelligence in the area of computational systems for modeling defeasible argumentation reveal a different approach that is currently making interesting progress. It is shown how these (...) systems provide the general outlines for a system of argument evaluation that can be applied to legal arguments as well as everyday conversational arguments to assist a user to evaluate an argument. (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)

In this paper, it is argued that the most fruitful approach to developing normative models of argument quality is one that combines the argumentation scheme approach with Bayesian argumentation. Three sample argumentation schemes from the literature are discussed: the argument from sign, the argument from expert opinion, and the appeal to popular opinion. Limitations of the scheme-based treatment of these argument forms are identified and it is shown how a Bayesian perspective may help to overcome these. At the same time, (...) the contributions of the standard scheme-based approach are highlighted, and it is argued that only a combination of the insights of different traditions will yield a complete normative theory of argument quality. (shrink)

When interlocutors start to talk at cross purposes it becomes less likely that they will be able to resolve their differences of opinion. Still, a critic, in the confrontation stage of a discussion, should be given some room of manoeuvre for rephrasing and even for revising the arguer’s position. I will distinguish between licit and illicit applications of this form of strategic manoeuvring by stating three soundness conditions.

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

This paper describes the author’s development and use of a diagramming model in preparing a legal case for which he was responsible. He combined Wigmorean analysis and object oriented techniques in order to model arguments based on generalisations taken from the real world and from legal precedent. The paper addresses the modelling issues, but in particular identifies the very real benefits that affected the way the case was conducted. Those areas in which the model came into its own were principally (...) the structuring of evidence, the preparation for the cross-examination of witnesses, and ensuring a consistent approach from picking up the case to making the closing submissions. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

Trust is a natural mechanism by which an autonomous party, an agent, can deal with the inherent uncertainty regarding the behaviours of other parties and the uncertainty in the information it shares with those parties. Trust is thus crucial in any decentralised system. This paper builds on recent efforts to use argumentation to reason about trust. Specifically, a set of schemes is provided, and abstract patterns of reasoning that apply in multiple situations geared towards trust. Schemes are described in which (...) one agent, A, can establish arguments for trusting another agent, B, directly, as well as schemes that A can use to construct arguments for trusting C, where C is trusted by B. For both sets of schemes, a set of critical questions is offered that identify the situations in which these schemes can fail. (shrink)

Bayesian networks (BN) and argumentation diagrams (AD) are two predominant approaches to legal evidential reasoning, that are often treated as alternatives to one another. This paper argues that they are, instead, complimentary and proposes the beginnings of a method to employ them in such a manner. The Bayesian approach tends to be used as a means to analyse the findings of forensic scientists. As such, it constitutes a means to perform evidential reasoning. The design of Bayesian networks that accurately and (...) comprehensively represent the relationships between investigative hypotheses and evidence remains difficult and sometimes contentious, however. Argumentation diagrams are representations of reasoning, and are used as a means to scrutinise reasoning (among other applications). In evidential reasoning, they tend to be used to represent and scrutinise the way humans reason about evidence. This paper examines how argumentation diagrams can be used to scrutinise Bayesian evidential reasoning by developing a method to extract argument diagrams from BN. (shrink)