By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. (...) There are three main reasons. First, the argument from ignorance, unlike typical presumptive reasoning, is a negative kind of inference. Second, the typical initial presumption is sensitive to a broader set of defeaters and thus assumes a higher standard of acceptability. Third, in dialectical terms, initial presumption and argument from ignorance bring different attacking rights and obligations. I conclude that Waltonian intuition is unsupported or, at best, is limited only to practical presumptions and practical arguments from ignorance. (shrink)

On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...) As a result, they require qualifications. (shrink)

Traditionally, a presumption is a dialogically privileged, yet defeasible proposition that allocates the burden of proof to a party who challenges it. This paper investigates the strength of presumptions. First, it explains how ‘strength’ contributes to defining the concept of presumption. Second, it provides an overview of (contextual, justificatory, and deontic) factors determining a presumption’s strength. Finally, it analyses the predominant view that defines strength in terms of the Challenger’s burden of proof: the stronger (weaker) the presumptionp, the more (less) (...) difficult it is to prove non-p. I argue that the latter proposal applies only to practical presumptions, and that strength is conceived differently for cognitive presumptions. (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 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)

In his book on fallacies, Hamblin built a very simple system for argumentation in dialogue he called the Why Because System with Questions. In his discussion of this system, he replaced the concept of burden of proof with a simpler concept of initiative, which could be described as something like getting the upper hand as the argumentation moves back and forth in the dialogue between the one party and the other. No doubt he realized that the concept of burden of (...) proof was too complex a matter to be dealt with in the limited scope of his chapter on formal dialogue systems. In this paper is shown how an extended version of Hamblin’s dialogue system provides a nice way of modeling the phenomenon of shifting of burden of proof in a dialogue, yielding a precise way of distinguishing between different kinds of burden of proof, and dealing with fallacies like the argumentum ad ignorantiam (argument from negative evidence). (shrink)

In his book on fallacies, Hamblin built a very simple system for argumentation in dialogue he called the Why Because System with Questions. In his discussion of this system, he replaced the concept of burden of proof with a simpler concept of initiative, which could be described as something like getting the upper hand as the argumentation moves back and forth in the dialogue between the one party and the other. No doubt he realized that the concept of burden of (...) proof was too complex a matter to be dealt with in the limited scope of his chapter on formal dialogue systems. In this paper is shown how an extended version of Hamblin’s dialogue system provides a nice way of modeling the phenomenon of shifting of burden of proof in a dialogue, yielding a precise way of distinguishing between different kinds of burden of proof, and dealing with fallacies like the argumentum ad ignorantiam. (shrink)

This paper explores ‘reasonable doubt’ as an enlightening notion to think of reasoning and decision-making generally, beyond the judicial domain. The paper starts from a decision-theoretic understanding of the notion, whereby it can be defined in terms of degrees of belief and a probabilistic confirmation threshold for action. It then highlights some of the limits of this notion, and proposes a richer analysis of epistemic states and reasoning through the lens of ‘reasonable doubt’, which in turn is likely to supplement (...) the DT framework. The strategy consists in fighting on two fronts: with DT, the paper claims that there is no absolute notion of ‘reasonable doubt’ but, pace DT, it shows that reasonable doubt cannot be accounted for only in terms of degrees of belief and probabilistic threshold. We argue that the lens of reasonable doubt sheds light on aspects of belief dynamics, as well as of the nature of epistemic attitudes, which are often obscured by belief-centred approaches. In particular, when it comes to acknowledging the necessary ignorance and irreducible uncertainty that we face in our everyday-life decisions, studying the various facets of doubt rather than focusing on what can be believed, enables one to do justice to the richness and diversity of the mental states in play. (shrink)

The paper argues for a pragmatist understanding of the reasonable doubt standard in law. It builds on the idea that our dispositions to act signal the epistemic states we are in. This helps clarify the notion of a reasonable doubt and the idea of being certain beyond it. More specifically, the paper points out three major standards of proof used in legal contexts and the rationale of their distinction. It articulates the received view according to which the reasonable doubt standard (...) is superior to allegedly subjective standards as the French “intime conviction”; then it addresses what I call the “rampant critique” of the reasonable doubt standard, namely the view that, as the notion of a reasonable doubt is obscure and undetermined, the standard is irremediably subjective. The paper finally presents a pragmatist understanding and defense of the standard, building on the idea of beliefs as dispositions to act. (shrink)

Cuando enfrentan un escándalo, las empresas deben entablar una comunicación efectiva para intentar aminorar los efectos de la publicidad negativa sobre su imagen corporativa. Uno de los géneros empleados por las empresas como formas de discurso de reparación de la imagen es la declaración pública, que corresponde a un texto escrito corto emitido por una empresa con el propósito de comunicar su versión de la crisis que enfrenta directamente al público general, publicándola en el sitio web de la compañía, o (...) bien pagando una inserción en un periódico. El presente estudio, un estudio de casos múltiples, se propone determinar si la retórica empleada por las empresas chilenas cuando enfrentan un escándalo mediático, es decir, la forma en que argumentan y se defienden de las acusaciones de mala conducta, es ética y lícita desde la perspectiva de la ética empresarial. Para ello, se realizó un análisis crítico del manejo de la carga de la prueba en un corpus de veintiséis declaraciones públicas emitidas por empresas chilenas tras una crisis que empañó su imagen corporativa. Basándonos en la regla de la carga de la prueba propuesta desde la teoría pragma-dialéctica, y en algunos lineamientos para el diseño de códigos de ética corporativos planteados en la literatura se pudo determinar la validez de la argumentación retórica desplegada por las empresas. Los resultados muestran que la mayoría de las empresas evaden la carga de la prueba, lo que sugiere que estas empresas chilenas no se sienten obligadas a dar cuenta de sus acciones. El análisis ético revela que en la vasta mayoría de estas declaraciones no se emplea una retórica que evidencie un respeto hacia los afectados por la actividad de la empresa, especialmente hacia los consumidores, los trabajadores de la empresa y los competidores. Una de las conclusiones del estudio es que las empresas chilenas evidencian una concepción bastante limitada de lo que es la ética empresarial, que no considera los conceptos de transparencia ni responsabilidad pública y de control. (shrink)

Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends on how the arguer defines (...) his conclusion and what he considers to be in the paradigm of negated alternatives. If we negate only two of the several possible alternatives, even if they are the most probable, the conclusion will be weak. However, if we deny all possible alternatives, the reasoning will be strong, and even in some cases deductively valid. (shrink)

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)

Although argumentation plays an essential role in our lives, there is no integrated area of research on the psychology of argumentation. Instead research on argumentation is conducted in a number of separate research communities that are spread across disciplines and have only limited interaction. With a view to bridging these different strands, we first distinguish between three meanings of the word ?argument?: argument as a reason, argument as a structured sequence of reasons and claims, and argument as a social exchange. (...) All three meanings are integral to a complete understanding of human reasoning and cognition. Cognitive psychological research on argumentation has focused mostly on the first and second of these meanings, so we present perspectives on argumentation from outside of cognitive psychology, which focus on the second and third. Specifically, we give anoverview of the methods, goals, and disciplinary backgrounds of research on the production, the analysis, and the evaluation of arguments. Finally, inintroducing the experimental studies included in this special issue, which were conducted by researchers from a range of theoretical backgrounds, weunderline the breadth of argumentation research as well as stress opportunities for mutual awareness and integration. (shrink)

The appeal to expert opinion is an argument form that uses the verdict of an expert to support a position or hypothesis. A previous scheme-based treatment of the argument form is formalized within a Bayesian network that is able to capture the critical aspects of the argument form, including the central considerations of the expert's expertise and trustworthiness. We propose this as an appropriate normative framework for the argument form, enabling the development and testing of quantitative predictions as to how (...) people evaluate this argument, suggesting that such an approach might be beneficial to argumentation research generally. We subsequently present two experiments as an example of the potential for future research in this vein, demonstrating that participants' quantitative ratings of the convincingness of a proposition that has been supported with an appeal to expert opinion were broadly consistent with the predictions of the Bayesian model. (shrink)

Bayesian probability has recently been proposed as a normative theory of argumentation. In this article, we provide a Bayesian formalisation of the ad Hitlerum argument, as a special case of the ad hominem argument. Across three experiments, we demonstrate that people's evaluation of the argument is sensitive to probabilistic factors deemed relevant on a Bayesian formalisation. Moreover, we provide the first parameter-free quantitative evidence in favour of the Bayesian approach to argumentation. Quantitative Bayesian prescriptions were derived from participants' stated subjective (...) probabilities (Experiments 1 and 2), as well as from frequency information explicitly provided in the experiment (Experiment 3). Participants' stated evaluations of the convincingness of the argument were well matched to these prescriptions. (shrink)

(2013). Rational argument, rational inference. Argument & Computation: Vol. 4, Formal Models of Reasoning in Cognitive Psychology, pp. 21-35. doi: 10.1080/19462166.2012.689327.

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)

Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially generated modal (...) qualifier, “presumably, p,” distinguishing it from other, particularly epistemic modalities, e.g., standing commitments, assumptions, assertions, suppositions, hypotheses, and defeasible claims. By avoiding the tranching of inferential instruments of qualitatively different bona fides and risk profiles, this account provides a more accurate risk-rating system that better manages epistemic risk in inference, as well as contributing to the normative theory of the operation of presumption in reasoning and argument. (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)

Presumption is often discussed in law, less often in epistemology. Is it an attitude? If so where can we locate it within the taxonomy of epistemic attitudes? Is it a kind of belief, a judgment, an assumption or a supposition? Or is it a species of inference? There are two basic models of presumption: judgmental, as a kind of judgment, and legal, taken from the use of presumptions in law. The legal model suggests that presumption is a practical inference, whereas (...) the judgmental model suggests that presumption is an epistemic attitude. I argue that presumption is neither a practical inference nor a merely epistemic attitude: it involves both, within the category of what we may call the inquiring attitudes. (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)

A longstanding question is the extent to which "reasonable doubt" may be expressed simply in terms of a threshold degree of belief. In this context, we examine the extent to which learning about possible alternatives may alter one's beliefs about a target hypothesis, even when no new "evidence" linking them to the hypothesis is acquired. Imagine the following scenario: a crime has been committed and Alice, the police's main suspect has been brought to trial. There are several pieces of evidence (...) that raise the probability that Alice committed the crime. Her attorney's defense strategy is not to challenge this evidence, but instead to provide personal details about Alice's neighbour, Jane. While Jane is one of many people the police spoke to, they saw no reason to investigate her further. You now learn that Jane, too, had access to the shed where the murder weapon was stored, just like Alice. To what extent should this alter your beliefs about Alice's guilt? In this paper, we provide a formal description of the problem and a solution indicating circumstances under which learning about Jane will more or less impact beliefs about Alice. (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)