Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed at (...) explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

This article concerns the structure of defeasible arguments like: 'If Bob has red spots, Bob has the measles; Bob has red spots; therefore Bob has the measles.' The issue is whether such arguments have the form of modus ponens or not. Either way there is a problem. If they don't have the form of modus ponens, the common opinion to the contrary taught in leading logic textbooks is wrong. But if they do have the form of modus ponens, doubts are (...) raised about the conventional dogma that all arguments having the form of modus ponens are deductively valid. By carefully examining arguments on both sides of the issue, reasonable doubts are raised about the view that all arguments having a modus ponens form are valid. (shrink)

In this paper, the political pamphlet “Der Hessische Landbote” by the eminent German author, Georg Büchner (1813–1837), will be positioned within the context of its political and historical background, analyzed as to its argumentative and stylistic structure, and critically evaluated. It will be argued that propaganda texts such as this should be evaluated by taking into account both rhetorical perspectives and standards of rational discussion. As far as argumentative structure is concerned, a modified version of the Toulmin scheme will be (...) used for the description of three passages of the “Landbote”. As far as stylistic techniques are concerned, Büchner’s strategic use of some figures of speech, especially parallelism, metaphor and metonymy will be examined. As to the critical evaluation, the recently developed concept of “strategic maneuvering” within Pragma-Dialectics, the typology of argumentative dialogues established by D. Walton, and sets of critical questions will be used to assess the status of the arguments within the “Landbote” as potentially fallacious ones. (shrink)

An incidental extension of the central domain of argumentation theory with non-classical ways of constructing arguments seems to automatically raise a question that is otherwise rarely posed, namely whether or not it is useful to consider the sex of the arguer. This question is usually posed with regard to argumentation by women in particular. Do women rely more, or differently than men do on non-canonical modes of reasoning stemming from the realm of the emotional, physical and intuitive, instead of the (...) logical? One may simply refer this question to folk-linguistics. One may also take the question seriously, given the findings on women's linguistic behaviour, and for various other reasons that will be explained below.Section 1 sums up the most frequently quoted differences in language use between women and men. This is followed by a non-exhaustive, interdisciplinary review of studies on male/female differences in verbal and written argumentation.Section 2 discusses the role of language and texts in generating and maintaining ideas on gender. These gender messages not only influence the actual argumentation behaviour of women and men, but also the way such behaviour is valued.Section 3 subsequently shows that our ideas on rationality are gendered, and therefore also our ideas on the proper central domain of argumentation theory.Section 4 briefly reflects on why this kind of wrong question about the reasoning of women should sometimes be addressed seriously anyway. (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)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

Der Sammelband umfasst Aufsätze zu den Grundfragen, Anwendungen und Grenzen des Unterrichts des Argumentierens, in allen Fächern und mit Fokus auf die Fächer Philosophie und Ethik. Dabei werden Fragen wie diese behandelt: Welchen Zielen dient das Argumentieren und welche verfolgt der Unterricht des Argumentierens? In welchem Verhältnis stehen diese zu anderen Zielen des Unterrichts? Welche Kenntnisse, Fähigkeiten und Tugenden des Argumentierens sollen eingeübt werden und wie? Die vorgeschlagenen Antworten sind nicht nur für Personen aus der Fachdidaktik, sondern auch aus der (...) Philosophie und der Schullehrpraxis aller Fächer interessant. Der Band trägt damit auch zur stärkeren Etablierung des Felds der Argumentationsdidaktik bei. (shrink)

One of the crucial problems of argumentation schemes as illustrated in (Walton, Reed & Macagno 2008) is their practical use for the purpose of analyzing texts and producing arguments. The high number and the lack of a classification criterion make this instrument extremely difficult to apply practically. The purpose of this paper is to analyze the structure of argumentation schemes and outline a possible criterion of classification based on alternative and mutually-exclusive possibilities. Such a criterion is based not on what (...) an argument is, but how it can be understood and interpreted. The schemes are grouped according to an end-means principle, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...) concept defined, or listing the constituent parts of the denotatum. All these definitions play different argumentative roles in legal discourse. At a third level, definitions can be thought of as premises in complex patterns of reasoning (for the subject of reasoning from definition in law, see Aarnio 1977; Moore 1980; Lindahl, 2004). They constitute the fundamental element of argument from classification, namely a pattern of inference in which a new property (or a name) is attributed to an entity on the basis of other properties. (shrink)

This paper advances an approach to presupposition rooted in the concept of commitment, a dialectical notion weaker than truth and belief. It investigates ancient medieval dialectical theories and develops the insights thereof for analyzing how presuppositions are evaluated and why a proposition is presupposed. In particular, at a pragmatic level, presuppositions are reconstructed as the conclusions of implicit arguments from presumptive reasoning, grounded on presumptions of different type and nature. A false (or rather unaccepted) presupposition can be thus represented as (...) the outcome of a conflict of presumptions – the ones used by the Speaker and the ones commonly accepted or backed by evidence. From an interpretative perspective, this defaulted presumptive reasoning can be explained by comparing the available presumptions and repaired by replacing the weaker and unacceptable ones. (shrink)

This paper uses the language of formal dialectics to explore how argumentation schemes and their critical questions can be characterized as an extension to traditional dialectical systems. The aim is to construct a dialectical system in which the set of locutions is extended to include scheme-based moves the set of structural rules describes the roles that critical questioning can play; and the set of commitment rules distinguishes between exceptions and assumptions.

Introduction by Christopher W. Tindale Argumentation Library, Volume 21. Dordrecht: Springer, 2012. Pp. xxi, 1-355. Hardcover US$149. Softcover US$24.95.

This paper argues for a reinterpretation of Aristotle's concept of an enthymeme and also his wider informal logic in terms of arguments that are defeasible. They are represented by forms of argument that are called argumentation schemes, considered to be similar to forms of argument found in deductive logic, but different from the foregoing in virtue of their being defeasible. Indeed, the most interesting schemes have been put forward as a helpful way of characterizing structures of human reasoning that have (...) proved troublesome to model deductively. The paper sheds new light on Aristotle's topics and how to dene `enthymeme'. If the traditional denition of an enthymeme in logic accepted for over two thousand years is a misnomer, the question is raised whether we ought to redene it as a defeasible argumentations scheme or leave things as they are. (shrink)

In this overview article, we first explain what we take informal logic to be, discussing misconceptions and distinguishing our conception of it from competing ones; second, we briefly catalogue recent informal logic research, under 14 headings; third, we suggest four broad areas of problems and questions for future research; fourth, we describe current scholarly resources for informal logic; fifth, we discuss three implications of informal logic for philosophy in particular, and take note ofpractical consequences of a more general sort.

Which properties are characteristic of the enthymeme in Aristotle's Rhetoric? There is no consensus on this point. The present discussion centres on three properties. 1. Is there always an implicit premise? (Answer: Above all, a pragmatic level and a logical level must be distinguished.) 2. Do the premises consist by definition of probabilities and signs? (Answer: No.). 3. Are all enthymemes reducible to a syllogistic form? (Answer: The literature pertaining to this question is dominated by a false dilemma: an enthymeme (...) does not have either a topical or a syllogistic structure). In general, Aristotle's approach to the enthymeme in the Rhetoric appears to shift from argumentation theory to logic. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

The detection of hate speech and fake news in political discourse is at the same time a crucial necessity for democratic societies and a challenge for several areas of study. However, most of the studies have focused on what is explicitly stated: false article information, language that expresses hatred, derogatory expressions. This paper argues that the explicit dimension of manipulation is only one – and the least problematic – of the risks of political discourse. The language of the unsaid is (...) much more dangerous and incomparably more difficult to detect, hidden in different types of fallacies and inappropriate uses of emotive language. Through a threefold coding scheme based on the instruments of argumentation theory and pragmatics, a corpus of argumentative tweets published by 4 politicians (Matteo Salvini, Donald Trump, Jair Bolsonaro, and Joseph Biden) within 6 months from their taking office (corresponding to the official end of their election campaign) is analyzed, detecting the types of argument, the fallacies, and the uses and misuses of “emotive words.” This coding results in the argumentation profiles of the speakers, which are compared statistically to show their different implicit strategies and deceptive tactics. (shrink)

This paper focuses on the inferential configuration of arguments, generally referred to as argument scheme. After outlining our approach, denominated Argumentum Model of Topics (AMT, see Rigotti and Greco Morasso 2006, 2009; Rigotti 2006, 2008, 2009), we compare it to other modern and contemporary approaches, to eventually illustrate some advantages offered by it. In spite of the evident connection with the tradition of topics, emerging also from AMT’s denomination, its involvement in the contemporary dialogue on argument schemes should not be (...) overlooked. The model builds in particular on the theoretical and methodological perspective of pragma-dialectics in its extended version, reconciling dialectic and rhetoric; nevertheless, it also takes into account numerous other contributions to the study of argument schemes. Aiming at a representation of argument schemes able to monitor the inferential cohesion and completeness of arguments, AMT focuses on two components of argument scheme that could be distinguished, readapting pragma-dialectical terms, as procedural and material respectively. The procedural component is based on the semantic-ontological structure, which generates the inferential connection from which the logical form of the argument is derived. The material component integrates into the argument scheme the implicit and explicit premises bound to the contextual common ground (Rigotti 2006). In this paper, the comparison of the AMT to other approaches focuses on the inferential configuration of arguments and not on the typologies of argument schemes and on the principles they are based on, which the authors intend to tackle in a further paper. (shrink)

This paper describes an approach to legal logic based on the formal analysis of argumentation schemes. Argumentation schemes a notion borrowed from the .eld of argumentation theory - are a kind of generalized rules of inference, in the sense that they express that given certain premises a particular conclusion can be drawn. However, argumentation schemes need not concern strict, abstract, necessarily valid patterns of reasoning, but can be defeasible, concrete and contingently valid, i.e., valid in certain contexts or under certain (...) circumstances. A method is presented to analyze argumentation schemes and it is shown how argumentation schemes can be embedded in a formal model of dialectical argumentation. (shrink)

The concept of topos has received considerable attention from both argumentation and discourse studies, although its usage and meaning remain obscure. In this article, I argue that the rediscovery of Aristotelian thought might provide a comprehensible explication of topos. Despite the discourse historical approach’s emphasis on topos, its context is found to be limited and this exposes the argumentation strategies of the DHA to criticism. To overcome any shortcomings and provide a better understanding of topos, a classical approach to the (...) concept is suggested, derived from Aristotle’s rhetoric and dialectic. By focusing on Greek media discourses on ‘Islamist terrorism’, I seek to illustrate the synthesis between the DHA’s argumentation strategies and Aristotelian topos as a fruitful analytical and theoretical tool. (shrink)

Argument schemes are abstractions substantiating the inferential connection between premise(s) and conclusion in argumentative communication. Identifying such conventional patterns of reasoning is essential to the interpretation and evaluation of argumentation. Whether studying argumentation from a theory-driven or data-driven perspective, insight into the actual use of argumentation in communicative practice is essential. Large and reliably annotated corpora of argumentative discourse to quantitatively provide such insight are few and far between. This is all the more true for argument scheme corpora, which tend (...) to suffer from a combination of limited size, poor validation, and the use of ad hoc restricted typologies. In the current paper, we describe the annotation of schemes on the basis of two distinct classifications: Walton’s taxonomy of argument schemes, and Wagemans’ Periodic Table of Arguments. We describe the annotation procedure for each, and the quantitative characteristics of the resulting annotated text corpora. In doing so, we extend the annotation of the preexisting US2016 corpus of televised election debates, resulting in, to the best of our knowledge, the two largest consistently annotated corpora of schemes in argumentative dialogue publicly available. Based on evaluation in terms of inter-annotator agreement, we propose further improvements to the guidelines for annotating schemes: the argument scheme key, and the Argument Type Identification Procedure. (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)

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)

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 (...) generated in the making and defending of standpoints. The design premises for the macroscope build on insights about argument patterns from pragma-dialectical theory by incorporating research and theory on disagreement management and the Argumentum Model of Topics. The design reconceptualizes prototypical and stereotypical argument patterns for characterizing large-scale argumentation. A prototype of the macroscope is tested on data drawn from six threads about oil-drilling and fracking from the subreddit Changemyview. The implementation suggests the efficacy of the macroscope’s design and potential for identifying what communities make controversial and how the disagreement space in a polylogue is managed through stereotypical argument patterns in terms of claims/premises, inferential relations, and presentational devices. (shrink)

Can argumentation schemes play a part in the critical processing of argumentation by lay people? In a qualitative study, participants were invited to come up with strong and weak arguments for a given claim and were subsequently interviewed for why they thought the strong argument was stronger than the weak one. Next, they were presented with a list of arguments and asked to rank these arguments from strongest to weakest, upon which they were asked to motivate their judgments in an (...) interview. In order to assess whether lay people apply argument scheme specific criteria when performing these tasks, five different argumentation schemes were included in this study: argumentation from authority, from example, from analogy, from cause to effect, and from consequences. Laypeople’s use of criteria for argument quality was inferred from interview protocols. The results revealed that participants combined general criteria from informal logic and scheme-specific criteria. The results supported the conventional validity of the pragma-dialectical argument scheme rule in a strong sense and provided a more fine-grained view of central processing in the Elaboration Likelihood Model. (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)

J. Anthony Blair is a prominent international figure in argumentation studies. He is among the originators of informal logic, an author of textbooks on the informal logic approach to argument analysis and evaluation and on critical thinking, and a founder and editor of the journal Informal Logic. Blair is widely recognized among the leaders in the field for contributing formative ideas to the argumentation literature of the last few decades. This selection of key works provides insights into the history of (...) the field of argumentation theory and various related disciplines. It illuminates the central debates and presents core ideas in four main areas: Critical Thinking, Informal Logic, Argument Theory and Logic, Dialectic and Rhetoric. (shrink)

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

This volume contains 12 papers addressed to researchers and advanced students in informal logic and related fields, such as argumentation, formal logic, and communications. Among the issues discussed are attempts to rethink the nature of argument and of inference, the role of dialectical context, and the standards for evaluating inferences, and to shed light on the interfaces between informal logic and argumentation theory, rhetoric, formal logic and cognitive psychology.

This article analyses the discursive construction of collective and individual memories and the functions of commemorative events for the discursive construction of national identities through the example of Austrian post-war commemorative events. Thus, the various attempts to come to terms with the Nazi past in post-war Austria are illustrated in detail. The article will first summarize the socio-political contexts relating to the relevant post-war commemorative years in Austria. Then we will consider sequences of a political speech by the then Austrian (...) chancellor, Dr Wolfgang Schüssel, as one of many possible examples in 2005 which establishes a hegemonic stance towards the Nazi past. Finally, we will discuss our results and illustrate that, in addition to hegemonic discourses, competing narratives aim to provide different answers to the basic question `how should one come to terms with traumatic pasts?' Our results are such that in the hegemonic narrative of Austrian history after 1945, the political event of the Declaration of Independence is represented metaphorically as a `rebirth'; a metaphorical scenario which constructs a `creation myth', and by this anthropomorphization suggests that `newborn' Austria is to be perceived as innocent as a newborn child. On the other hand, the historical events before and after are placed in the cognitive frame of natural disasters or fateful events and a community of victims is discursively constructed comprising the victims of the Nazi terror as well as the soldiers waging the war of aggression. Discursive patterns apparent in this case study can, of course, be generalized to similar communicative events in many nation-states. The specific systematic and explicit linguistic/pragmatic and discourse-analytic methodology presented in this article lends itself to deconstruct official discourses which influence collective beliefs, opinions and ideologies. (shrink)

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

In the present article I attribute to the common topic in the Rhetoric a two-fold suggestive function and a guarantee function. These three functions are possible because this type of topic, while often quite abstract, nevertheless contains thought-steering, substantial terms, and formulates a generally empirical or normative endoxon. Assuming that according to Aristotle an enthymeme has at least two premises, it would appear that a common topic is the abstract principle behind the often implicit major premise. This means that the (...) topic may be regarded as the – generalizing – if-then statement in a modern argumentation scheme. Therefore it should be possible to see the enthymemes of Rhetoric 2.23 as a combination of a logical argument form (which can usually be reconstructed as modus ponens) and an argumentation scheme – even though we may not attribute this idea to Aristotle himself. (shrink)

In some recent cases in Anglo-American law juries ruled contrary to an expert's testimony even though that testimony was never challenged, contradicted or questioned in the trial. These cases are shown to raise some theoretical questions about formal dialogue systems in computational dialectical systems for legal argumentation of the kind recently surveyed by Bench-Capon (1997) and Hage (2000) in this journal. In such systems, there is a burden of proof, meaning that if the respondent questions an argument, the proponent is (...) obliged to offer some support for it give it up. But what should happen in a formal system of dialogue if the proponent puts forward an argument and the respondent fails to critically question it, and simply moves on to another issue? Is this some kind of fault that should have implications? Should it be taken to imply that, by default, the respondent has conceded the argument? What, if anything, should be the outcome of such a failure to question in a formal dialogue system of argumentation? These questions are considered by examining some legal cases of expert opinion testimony in relation rules for formal dialectical argumentation systems. (shrink)

In classical logic and rhetoric the strategies of argumentation known as topoi played a crucial role. Yet, topoi refer there to different kinds of strategies that this study intends to explain synoptically. Main focus will be on passages from Aristotle and Cicero. Indeed, these sources contain examples and theoretical considerations, which provide the basis for a general investigation of the complex phenomenon of topoi in the ancient world. Four main types of topoi will be juxtaposed and discusses comparatively as a (...) way to inspire historical reconstructions of the system of topoi, as well as modern theory formation on argumentation where topoi still receive much attention. (shrink)

CDA studies on out-groups, i.e. immigrants, within Wodak's Discourse-Historical and van Dijk's Socio-cognitive approaches along other approaches, have suggested methods and analytical categories through which discursive representations of social groups are investigated. Consequently, several listings of relevant analytical categories have been proposed and applied to many subsequent studies. However, the variety of the proposed methods in representation of social groups by various scholars and the often unclear accounts for the links among various levels of discourse analysis seem to have created (...) a multitude of discursive strategies that can be overwhelming if not confusing. This paper is an attempt to make explicit various levels of discourse analysis on representation of social groups from detailed textual analysis to discourse topics and tries to show how micro-level analytical categories are related to macro-structure within various levels of contexts. Specifically, a three-level analytical framework is suggested for textual analysis of the representation of social groups which divides the text analysis into three domains of social actors, social actions and argumentation. It is suggested that the analysis should look at what is in the text in terms of the three domains mentioned, and investigate how these domains are linguistically realized through a set of linguistic processes/mechanisms. (shrink)

. A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on the (...) computer screen as an inverted tree structure with an ultimate conclusion as the root of the tree. These argumentation tools are applicable to analyzing a mass of evidence in a case at trial, in a manner already known in law using heuristic methods and Wigmore diagrams . In this paper it is shown how they can be automated and applied to the task of inventing legal arguments. One important application is to proof construction in trial preparation. (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)

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)

The article discusses topics in the context of contemporary legal argumentation. It starts with a sketch of the development of topics from ancient times until the present day. Here the author focuses on the theory of the German legal philosopher Theodor Viehweg, which was most influential to legal argumentation in the 20th century. Then a modern concept of topics is introduced and finally the author discusses the role of topics in contemporary legal argumentation. In this part the distinction between topoi (...) in the weak sense (practically all argumentation schemes) and in the strong sense (specific legal topoi as listed by Gerhard Struck in 1971 is introduced. The author argues that Viehweg’s claim that topics plays an important role in legal argumentation is problematic, because topoi in the weak sense are certainly of high importance, but this is almost trivial. Topoi in the strong sense on the other hand are only of minor importance for legal practice. What characterises legal discourse much more is a set specific pragmatic discourse rules, discussed at the end of the paper. (shrink)

The existing classifications of arguments are unsatisfying in a number of ways. This paper proposes an alternative in the form of a Periodic Table of Arguments. The newly developed table can be used as a systematic and comprehensive point of reference for the analysis, evaluation and production of argumentative discourse as well as for various kinds of empirical and computational research in the field of argumentation theory.

37 arguments were selected by random sampling methods from calls to radio and television phone-in programs. I discuss whether my general theory of inference evaluation applies to them and how frequently they exemplify a recognized argument scheme. I also compare their dependence on context, their complexity and their quality to those features of a previously studied sample of 50 scholarly arguments.

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...) for argument from fairness is shown to be based on a special principle in Perelman’s theory of justice. (shrink)

This paper deals with what has been called "ars inveniendi" (’art of finding‘) in antiquity, medieval and early modern times. A survey of different techniques of finding tenable and relevant arguments is presented (among them, the Topical tradition, Status theory, Debate theory, Encyclopedic systems, Creativity techniques). Their advantages and disadvantages are critically compared. It is suggested that a mixture of strategies of finding arguments should be used. Finally, a few remarks showing the relationship beween the strategies of finding arguments and (...) creativity in general are given. (shrink)