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 this paper we examine two challenges to the orthodox understanding of the fallacy of denying the antecedent. One challenge is to say that passages thought to express the fallacy can usually be given an interpretation on which they express valid arguments, entitling us to query whether the fallacy is commonly, if ever, committed at all. We discuss this claim in Section 1. The second challenge comes from those who think that there are legitimate uses of denying the antecedent (...) that have traditionally been overlooked. In Section 2 we propose a general test for claims of this sort, and assess three versions of this view. (shrink)

In many contexts a retraction of commitment isfrowned upon. For instance, it is not appreciated,generally, if one withdraws a promise or denies anearlier statement. Critical discussion, too, caneasily be disrupted by retractions, if these occur toofrequently and at critical points. But on the otherhand, the very goal of critical discussion –resolution of a dispute – involves a retraction,either of doubt, or of some expressed point of view.A person who never retracts, not even under pressureof cogent arguments, would hardly qualify as (...) areasonable discussant. Also, inconsistencies in one'sposition, once they have been pointed out, must bedealt with by some kind of retraction. The problem ofretraction is to find a suitable model of dialoguethat allows retractions where they seem reasonable, oreven required, and rules them out (or puts sanctionsupon them) whenever they would become disruptive of awell-organized process of dialogue.The present paper tries to point to a solution basedon the following principles: (1) Retraction rulesdetermine what retractions are permissible, and (2) ifpermissible what the consequences of retraction are.(3) Retraction rules vary according to the type ofdialogue and (4) according to the type of commitmentretracted. For instance, assertions and mereconcessions need to be distinguished, as well aslight-side and dark-side commitments. (5) To accountfor our contradictory intuitions on the issue ofretractions, one may best resort to a complex type ofdialogue in which different retraction rules hold fordifferent parts.The paper explains, summarizes, and expands upon thediscussion of retraction in Commitment inDialogue by Douglas Walton and the present author(cf. Walton and Krabbe 1995). (shrink)

This paper examines the views of Fogelin, Woods, Johnstone, etc., concerning deep disa-greements, force-five standoffs, philosophical controversies, etc. My approach is to reconstruct their views and critiques of them as meta-arguments, and to elaborate the meta-argumentative aspects of radical disa-greements. It turns out that deep disagreements are resolvable to a greater degree than usually thought, but only by using special principles and practices, such as meta-argumentation, ad hominem argumentation, Ramsey’s principle, etc.

Krabbe (2003, in F.H. van Eemeren, J.A. Blair, C.A. Willard and A.F. Snoeck Henkemans (eds.), Proceedings of the Fifth Conference of the International Society for the Study of Argumentation, Sic Sat, Amsterdam, pp. 641–644) defined a metadialogue as a dialogue about one or more dialogues, and a ground-level dialogue as a dialogue that is not a metadialogue. Similarly, I define a meta-argument as an argument about one or more arguments, and a ground-level argument as one which is not a meta-argument. (...) Krabbe (1995, in F.H van Eemeren, R. Grootendorst, J.A. Blair, C.A. Willard and A.F. Snoeck Henkemans (eds.), Proceedings of the Third ISSA Conference on Argumentation, Sic Sat, Amsterdam, pp. 333–344) showed that formal-fallacy criticism (and more generally, fallacy criticism) consists of metadialogues, and that such metadialogues can be profiled in ways that lead to their proper termination or resolution. I reconstruct Krabbe’s metadialogical account into monolectical, meta-argumentative terminology by describing three-types of meta-arguments corresponding to the three ways of proving formal invalidity he studied: the trivial logic-indifferent method; the method of counterexample situation; and the method of formal paraphrase. A fourth type of meta-argument corresponds to what Oliver (1967, Mind 76, 463–478), Govier (1985, Informal Logic 7, 27–33), and Copi (1986) call refutation by logical analogy. A fifth type of meta-argument represents my reconstruction of arguments by parity of reasoning studied by Woods and Hudak (1989, Informal Logic 11, 125–139). Other particular meta-arguments deserving future study are Hume’s critique of the argument from design in the Dialogues Concerning Natural Religion, and Mill’s initial argument in The Subjection of Women about the importance of established custom and general feeling vis-à-vis argumentation. (shrink)

In this paper, I try to develop an informal model for the analysis and evaluation of argumentative strategies based on active authorities. The explanations necessary to understand the idea of the model and what is modelled are given through the development of the paper. I first give an example of argumentative activities. After that, the main assumption of the model is given. In the third part, the relevant aspects of the argumentative activity are analysed, while the principles of the evaluation (...) are explained in the fourth part. The informal model is presented in the fifth part. In the final remarks, the suggestions for further work are given, as well as a comparison with some related recent works in argumentation theory. (shrink)

According to the Asymmetry Thesis, whereas there are many kinds of argument-forms that make at least some of their instances valid, there is none that makes any of its instances invalid. To refute this thesis, a counterexample has been produced in the form of an argument-form whose premise-form's instances are all logically true and whose conclusion form's instances are all logically false. The purpose of this paper is to show that there are many more kinds of argument-forms that make some (...) of their instances invalid and that, hence, are counterexamples refuting the Asymmetry Thesis. (shrink)

Aristotle's illustrations of the fallacy of Figure of Speech (or Form of Expression) are none too convincing. They are tied to Aristotle's theory of categories and to peculiarities of Greek grammar that fail to hold appeal for a contemporary readership. Yet, upon closer inspection, Figure of Speech shows many points of contact with views and problems that inhabit 20th-century analytical philosophy. In the paper, some Aristotelian examples will be analyzed to gain a better understanding of this fallacy. The case of (...) the Third Man argument and some modern cases lend plausibility to the claim that Figure of Speech is of more interest as a type of fallacy than has generally been assumed. Finally, a case is made for the view that Figure of Speech, though listed among the fallacies dependent upon language, is not properly classified as a fallacy of ambiguity. More likely, it should be looked upon as a type of non sequitur. This has important consequences for the profile of dialogue associated with this fallacy. (shrink)

Although Hume’s critique of the design argument is a powerful non-inductive meta-argument, the main line of critical reasoning is not analogical but rather a complex meta-argument. It consists of two parts, one interpretive, the other evaluative. The critical meta-argument advances twelve criticisms: that the design argument is weak because two of its three premises are justified by inadequate subarguments; because its main inference embodies four flaws; and because the conclusion is in itself problematic for four reasons. Such complexity is quite (...) manageable in a meta-argumentation approach. (shrink)

The distinction between constitutive and regulative rules is applied to rules for critical discussion that have to do with the use of ambiguous expressions. This leads to a distinction between rule violating fallacies, by which one abandons a critical discussion, and norm violating fallacies, which are in a way admissible within a critical discussion. According to the formal model for critical discussion, proposed in this paper, fallacies of the norm violating type arc not prohibited. Instead, it provides discussants with devices (...) to discuss fallacies and fallacy criticisms. (shrink)

In the context of a study of meta-arguments in general, and famous meta-arguments in particular, I reconstruct chapter 1 of Mill’s Subjection of Women as the meta-argument: women’s liberation should be argued on its merits because the universality of subjection derives from the law of force and hence provides no presumption favoring its correctness. The raises the problem of the relationship among illative, dialectical, and meta-argumentative tiers.

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)