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.

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 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 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)

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)

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

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)

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 article seeks, first, to show that much of the existing normative work on argument from expert opinion (AEO) is problematic for failing to be properly informed by empirical findings on expert performance. Second, it seeks to show how, with the analytic tool of Bayesian reasoning, the problem diagnosed can be remedied to circumvent some of the problems facing the scheme-based treatment of AEOs. To establish the first contention, we will illustrate how empirical studies on factors conditioning expert reliability can (...) be drawn upon to re-construct. Walton’s critical questions matching the scheme of AEOs. To establish the second contention, we will illustrate how Walton’s re-constructed set of critical questions can be formalized within a Bayesian network. Finally, we will highlight how the specific ways in which the Bayesian framework we propose is both continuous with and distinct from the models of source reliability put forward by theorists like Bovens and Hartmann (2003). (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, 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)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, 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)

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)

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)

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)

Science communication has gained high importance in the current knowledge and risk society. Nevertheless, there is still a lack of qualitative studies on how non-experts and experts engage in opinionated scientific debates and which linguistic devices they use to gain influence on other people’s attitudes toward a scientific issue. In our study, we examine dialogical modes of science communication (i.e. weblogs) used by bloggers and audiences to engage into opinionated discourse about scientific endeavors. As those exchanges easily lead to controversies (...) between different points of views, stances and attitudes, we focus from a rhetorically-driven linguistic perspective on devices to persuade the other participants and readers and to control the discourse. Hence, we ask which linguistic instruments are used to gain influence on influence. The aim of our study is to get deeper insights into the persuasive strategies mainly used in those forms of external science communication. (shrink)

Science communication has gained high importance in the current knowledge and risk society. Nevertheless, there is still a lack of qualitative studies on how non-experts and experts engage in opinionated scientific debates and which linguistic devices they use to gain influence on other people’s attitudes toward a scientific issue.In our study, we examine dialogical modes of science communication (i.e. weblogs) used by bloggers and audiences to engage into opinionated discourse about scientific endeavors. As those exchanges easily lead to controversies between (...) different points of views, stances and attitudes, we focus from a rhetorically-driven linguistic perspective on devices to persuade the other participants and readers and to control the discourse. Hence, we ask which linguistic instruments are used to gain influence on influence. The aim of our study is to get deeper insights into the persuasive strategies mainly used in those forms of external science communication. (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)

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.

The contribution critically discusses Walton's argumentation scheme approach. On the one hand, its enormous richness and closeness to the empirical argumentation material is appreciated, but, on the other, fundamental conceptual weaknesses are revealed. Although the approach more recently has been declared to strive for “true beliefs and correct choices” it has not systematically developed the proposed schemes in a way that these goals are reached. Accordingly, many proposed schemes are fallacious from an epistemological standpoint.

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.

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.

Computer tools are increasingly used to support the analysis of argumentative texts. Generic support for argumentation analysis is helpful, but catering to the requirements of specific theoretical approaches has additional advantages. Although the pragma-dialectical method of analyzing argumentative texts is widely used, no dedicated computational support tools exist. An outline is presented for the development of such tools, that starts with the formal approximation of the pragma-dialectical ideal model of a critical discussion.

According to an everyday concept of 'argumentation' the presence of authority rules out the possibility for argumentation. However, in the case of appeal to authority, e.g., argumentation and authority coexist. The analysis of teacher-and-student interactions shows that a teacher's utterances are critically evaluated by the students, although these may lack relevant knowledge for adequate evaluation. The teacher cannot rely upon his authority alone; if the students accept what she says, the acceptance can be said to be the positive result of (...) a critical evaluation based on the students' knowledge about the subject. Therefore, a dialogical concept of argument acceptability, related to a conception of a genuine argumentativity of language use, is introduced which 1) states that acceptability is connected to the knowledge/information available to an addressee, and 2) can account for why appeals to authority are accepted as rational arguments. (shrink)

Even with Kientpointer's and Walton's valuable work, we do not yet have a complete theory of argument schemes. A complete theory of argument schemes should contain at least the following: its theoretical motivation, the denotation of "argument" or "ar gumentation" used in the theory, an analysis of the concept of an argument scheme, a theory of classification of argument schemes, a solution to the problem of identifying which scheme is correct, and an account of the grounds of the normativity or (...) normat ive argument schemes. The paper will supply these elements, worked out as fully as space permits. (shrink)