Information technology is so ubiquitous and AI’s progress so inspiring that also legal professionals experience its benefits and have high expectations. At the same time, the powers of AI have been rising so strongly that it is no longer obvious that AI applications (whether in the law or elsewhere) help promoting a good society; in fact they are sometimes harmful. Hence many argue that safeguards are needed for AI to be trustworthy, social, responsible, humane, ethical. In short: AI should be (...) good for us. But how to establish proper safeguards for AI? One strong answer readily available is: consider the problems and solutions studied in AI & Law. AI & Law has worked on the design of social, explainable, responsible AI aligned with human values for decades already, AI & Law addresses the hardest problems across the breadth of AI (in reasoning, knowledge, learning and language), and AI & Law inspires new solutions (argumentation, schemes and norms, rules and cases, interpretation). It is argued that the study of AI as Law supports the development of an AI that is good for us, making AI & Law more relevant than ever. (shrink)

According to the argument scheme approach, to evaluate a given scheme-saturating instance completely does entail asking all critical questions relevant to it. Although this is a central task for argumentation theorists, the field currently lacks a method for providing a complete argument evaluation. Approaching this task at the meta-level, we combine a logical with a substantive approach to the argument schemes by starting from Toulmin’s schema: ‘data, warrant, so claim’. For the yet more general schema: ‘premise; if premise, then conclusion; (...) so conclusion’, we forward a meta-level CQ-list that is arguably both complete and applicable. This list should inform ongoing theoretical efforts at generating appropriate object-level CQs for specific argument schemes. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 220 Seiten: 173-198.

I characterize the deductivist ideal of justification and, following to a great extent Toulmin’s work The Uses of Argument, I try to explain why this ideal is erroneous. Then I offer an alternative model of justification capable of making our claims to knowledge about substantial matters sound and reasonable. This model of justification will be based on a conception of justification as the result of good argumentation, and on a model of argumentation which is a pragmatic linguistic reconstruction of Toulmin’s (...) model of argument. (shrink)

The author- following his own research on the subject- argues that Wittgenstein ignores argumentation theory and in general, the problems of rhetoric and argumentation. From this point of view, he frames Stephen Toulmin’s reading of Wittgenstein, arguing that the British philosopher- who was a student of the Austrian- advocates precisely the same thesis. He explains that this happens in a very peculiar (rhetorical) context on Toulmin’s part; a context in which, in essence, Wittgenstein’s philosophy is being rehabilitated.

Topical Themes in Argumentation Theory brings together twenty exploratory studies on important subjects of research in contemporary argumentation theory. The essays are based on papers that were presented at the 7th Conference of the International Society for the Study of Argumentation in Amsterdam in June 2010. They give an impression of the nature and the variety of the kind of research that has recently been carried out in the study of argumentation. The volume starts with three essays that provide stimulating (...) theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. (shrink)

Abstract This paper addresses the role that argumentation schemes and argument visualization software tools can play in helping to find and counter objections to a given argument one is confronted with. Based on extensive analysis of features of the argumentation in these two examples, a practical four-step method of finding objections to an argument is set out. The study also applies the Carneades Argumentation System to the task of finding objections to an argument, and shows how this system has some (...) capabilities that are especially useful. Content Type Journal Article Pages 1-23 DOI 10.1007/s10503-012-9261-z Authors Douglas Walton, Centre for Research in Reasoning, Argumentation and Rhetoric (CRRAR), University of Windsor, 2500 University Ave. W., Windsor, ON N9B 3Y1, Canada Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)

In the academic community, predatory publishers are exploiting academic integrity and the open access publishing model. Academicians receive numerous spam e-mail messages inviting article submissions each day which deceive authors by promising fast review and publication. The content of these emails present arguments in a way to appear as legitimate and valid to grab the attention of authors. Therefore, the aim of this paper is to advance insights into the arguments deployed by fake journals in their attempt to convey specific (...) indexicalities of identity and truthfulness. As a result of thematic analysis of 50 email messages from such journals, this research drew on two main themes-explicit and implicit arguments and their most frequent subcategories which were formal lexicon/grammar and fast peer- reviewed process. These arguments were, further, mapped on to Toulmin’s Model of Argumentation to find out more about the strength of the information used to support their claim. Utilizing Toulmin’s model, the findings highlighted the fact that there were instances of discursive deviations or “hidden rebuttals” that revealed the predatory journals’ ingenuity. (shrink)

The research described here explores the idea of using Supreme Court oral arguments as pedagogical examples in first year classes to help students learn the role of hypothetical reasoning in law. The article presents examples of patterns of reasoning with hypotheticals in appellate legal argument and in the legal classroom and a process model of hypothetical reasoning that relates them to work in cognitive science and Artificial Intelligence. The process model describes the relationships between an advocate’s proposed test for deciding (...) a case or issue, the facts of the hypothetical and of the case to be decided, and the often conflicting legal principles and policies underlying the issue. The process model of hypothetical reasoning has been partially implemented in a computerized teaching environment, LARGO (“Legal ARgument Graph Observer”) that helps students identify, analyze, and reflect on episodes of hypothetical reasoning in oral argument transcripts. Using LARGO, students reconstruct examples of hypothetical reasoning in the oral arguments by representing them in simple diagrams that focus students on the proposed test, the hypothetical challenge to the test, and the responses to the challenge. The program analyzes the diagrams and provides feedback to help students complete the diagrams and reflect on the significance of the hypothetical reasoning in the argument. The article reports the results of experiments evaluating instruction of first year law students at the University of Pittsburgh using the LARGO program as applied to Supreme Court personal jurisdiction cases. The learning results so far have been mixed. Instruction with LARGO has been shown to help law student volunteers with lower LSAT scores learn skills and knowledge regarding hypothetical reasoning better than a text-based approach, but not when the students were required to participate. On the other hand, the diagrams students produce with LARGO have been shown to have some diagnostic value, distinguishing among law students on the basis of LSAT scores, posttest performance, and years in law school. This lends support to the underlying model of hypothetical argument and suggests using LARGO as a pedagogically diagnostic tool. (shrink)

This article is about an intervention introducing prehistoric life in primary education. Its objectives were to foster openness and interest for prehistory and archaeology, as well as content knowledge and conceptual learning with a focus on four main facets: basic knowledge about prehistoric life; conceptual learning/change regarding prehistory; learning about archaeologists and archaeology as a scientific discipline; and learning about interactions of archaeology and other disciplines. Students participated in two workshops about the creation of a prehistoric object, highlighting the close (...) interaction between the natural sciences and humanities within archaeology. The workshop emphasised dialogue between students, teachers and researchers, as well as active participation by the students. The educational effects of the workshops were studied using a pre-post design. Results show that the workshops had sizeable positive effects on both affective and cognitive variables. The appreciation of the workshops ranged from ≈ 70 to 90% for interest, perceived educational value and further aspects. We also found a positive impact of the intervention on cognitive variables, e.g. for several elements of key knowledge about prehistory. Regarding conceptual learning, we found improved understanding of the link between climate change and long-term changes in wildlife in a given area. A positive impact was also found for the understanding of archaeology encompassing both humanities and the natural sciences. No differences of the various outcomes were found between girls and boys; the workshops appear suitable for both genders. We conclude with a discussion of the interpretation of our findings, of some limitations and possible improvements, and of future perspectives, in particular for further classroom implementation. (shrink)

This paper presents what we call with Plantin an argumentative cell as an unit which is inspired by Toulmin’s layout of arguments, in order to analyse two major effects of pseudo-objectivity in argumentation. Four problems of Toulmin's layout will be tackled: Data are only described as facts, the definition of Backing is blurred, but it may be linked with sources of information and extended to Data, the dialectical component of the Rebuttal needs to be extended to concessions, and dealing with (...) complex argumentation within such a model is quite difficult. Treating these problems will highlight the rhetorical possibility of a "bias of objectivity": numerous arguments that use starting points which may appear to be objective or shared in order to impose a standpoint to the addressee. This bias can be seen in at least two rhetorical strategies: the first one is using facts as arguments without signs of evidentiality in grounds for the argument. The second one is delivering opinions as apparently collectively shared. (shrink)