This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (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 proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

ABSTRACT The logic of humor has been acknowledged as an essential dimension of every joke. However, what is the logic of jokes, exactly? The modern theories of humor maintain that jokes are characterized by their own logic, dubbed “pseudo,” “playful,” or “local,” which has been the object of frequent criticisms. This article intends to address the limitations of the current perspectives on the logic of jokes by proposing a rhetorical approach to humorous texts. Building on the traditional development of Aristotle’s (...) almost neglected view of jokes as surprising enthymemes, the former are analyzed as rhetorical arguments. Like enthymemes, jokes are characterized by natural inferences that can be represented as topics, and quasi-formalized in argumentation theory as argumentation schemes. Like rhetorical arguments, jokes express a reason in support of different types of conclusions and proceed from distinct kinds of reasoning and semantic relations. (shrink)

This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two (...) real examples, we show how applying the three types of schemes to a cluster of practical argumentation allows an argument analyst to reconstruct the tacit premises presupposed and evaluate the argumentative reasoning steps involved. This approach will be shown to overcome the limitations of the existing models of practical reasoning arguments within the BDI and commitment theoretical frameworks, providing a useful tool for discourse analysis and other disciplines. In particular, applying this method brings to light the crucial role of classification in practical argumentation, showing how the ordering of values and preferences is only one of the possible areas of deep disagreement. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...) acceptance of a proposition, which can be assessed as reasonable or unacceptable. Their dialectical function is described in terms of dark side commitments attributed to a collective "voice" representing what is commonly shared. For this reason, they count as attempts to include the presupposed contents into the hearer’s commitment store, which in some circumstances can reverse the burden of proof. The different manipulative strategies grounded on controversial presuppositions will be examined by showing the distinct roles that the latter play and the relationship between the degrees of presuppositional implicitness and the speaker’s burden of retraction. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

This paper is aimed at combining the advances in argumentation theory with the models used in the field of education to address the issue of improving students’ argumentative behavior by interacting with an expert. The concept of deeper or more sophisticated argumentative strategy is theoretically defined and used to advance two new coding schemes, based on the advances in the argumentation studies and aimed at capturing the dialectical, or structural, behavior, and the argumentative content of each dialogue unit. These coding (...) schemes are then applied for a qualitative analysis of a study designed to investigate how students’ argumentative behavior can be influenced by the interaction with an expert, who used specific types of attacks to the interlocutors’ positions. The twofold coding shows at which dialogical level expert–peer interactions can directly and more stably affect students’ argumentative behavior, and what effects such more sophisticated strategies can have on the discussion and the analysis of disagreements. In particular, this paper shows how a specific type of deep-level attack, the underminer, can open dialogues of a different level, focused on unveiling and debating background beliefs underlying a specific position. (shrink)

Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century until nowadays. (...) With his book Argumentation schemes for presumptive reasoning, Walton attempted to start a dialogue between three different fields or views on human reasoning – one (argumentation theory) very recent, one (dialectics) very ancient and with a very long tradition, and one (formal logic) relatively recent, but dominating in philosophy. Argumentation schemes were proposed as dialectical instruments, in the sense that they represented arguments not only as formal relations, but also as pragmatic inferences in the sense that they depend on what the interlocutors share and accept in a given dialogical circumstance and affect their dialogical relation. In this introduction, the notion of argumentation scheme will be analyzed in detail, showing its different dimensions and its defining features which make them an extremely useful instrument in Artificial Intelligence. This theoretical background will be followed by a literature review on the uses of the schemes in computing, aimed at identifying the most important areas and trends, the most promising proposals, and the directions of future research. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

Within three of the most well-known contemporary approaches to argumentation, the notions of solo argumentation and arguing with one’s self are given little attention and are typically argued to be able to be subsumed within the dialectical aspects of the approach being propounded. Challenging these claims, this paper has two main aims. The first is to argue that while dialogical argumentation may be most common, there exists individual dialectical argumentation, which is not so easily subsumed within these theories. Second, in (...) order characterize this type of argumentation the paper also offers distinctions between the interrelated notions of dialectical, dialogical, and quasi-dialogical, reasoning and argumentation, within an individual or between multiple participants, which I hope provide useful precision for the field. (shrink)

Uncertainty is recognized as a key issue in water resources research, amongst other sciences. Discussions of uncertainty typically focus on tools and techniques applied within an analysis, e.g. uncertainty quantification and model validation. But uncertainty is also addressed outside the analysis, in writing scientific publications. The language that authors use conveys their perspective of the role of uncertainty when interpreting a claim —what we call here “framing” the uncertainty. This article promotes awareness of uncertainty framing in four ways. 1) It (...) proposes a typology of eighteen uncertainty frames, addressing five questions about uncertainty. 2) It describes the context in which uncertainty framing occurs. This is an interdisciplinary topic, involving philosophy of science, science studies, linguistics, rhetoric, and argumentation. 3) We analyze the use of uncertainty frames in a sample of 177 abstracts from the Water Resources Research journal in 2015. This helped develop and tentatively verify the typology, and provides a snapshot of current practice. 4) Provocative recommendations promote adjustments for a more influential, dynamic science. Current practice in uncertainty framing might be described as carefully-considered incremental science. In addition to uncertainty quantification and degree of belief (present in ~5% of abstracts), uncertainty is addressed by a combination of limiting scope, deferring to further work (~25%) and indicating evidence is sufficient (~40%) – or uncertainty is completely ignored (~8%). There is a need for public debate within our discipline to decide in what context different uncertainty frames are appropriate. Uncertainty framing cannot remain a hidden practice evaluated only by lone reviewers. (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)

Twitter is an instrument used not only for sharing public or personal information, but also for persuading the audience. While specific platforms and software have been developed for analyzing macro-analytical data, and specific studies have focused on the linguistic dimension of the tweets, the argumentative dimension of the latter is unexplored to this date. This paper intends to propose a method grounded on the tools advanced in argumentation theory for capturing, coding, and assessing the different argumentative dimensions of the messages (...) posted on Twitter, focusing on the types of argument communicated, the quality of their premises, and the fallacies committed – including the use of unshared presuppositions and emotive words. This method is applied to a corpus of 843 tweets published by the Italian Minister of the Interior, Mr. Matteo Salvini, from the date of his appointment to the beginning of his campaign for the European elections. The quantitative data provide general indications for detecting the strategies that characterize the argumentative profile of Salvini, which are then analyzed qualitatively. (shrink)

The definition and the assessment of the quality of argumentative texts has become an increasingly crucial issue in education, classroom discourse, and argumentation theory. The different methods developed and used in the literature are all characterized by specific perspectives that fail to capture the complexity of the subject matter, which remains ill-defined and not systematically investigated. This paper addresses this problem by building on the four main dimensions of argument quality resulting from the definition of argument and the literature in (...) classroom discourse: dialogicity, accountability, relevance, and textuality (DART). We use and develop the insights from the literature in education and argumentation by integrating the frameworks that capture both the textual and the argumentative nature of argumentative texts. This theoretical background will be used to propose a method for translating the DART dimensions into specific and clear proxies and evaluation criteria. (shrink)

This paper advances an approach to relevance grounded on patterns of material inference called argumentation schemes, which can account for the reconstruction and the evaluation of relevance relations. In order to account for relevance in different types of dialogical contexts, pursuing also non-cognitive goals, and measuring the scalar strength of relevance, communicative acts are conceived as dialogue moves, whose coherence with the previous ones or the context is represented as the conclusion of steps of material inferences. Such inferences are described (...) using argumentation schemes and are evaluated by considering 1) their defeasibility, and 2) the acceptability of the implicit premises on which they are based. The assessment of both the relevance of an utterance and the strength thereof depends on the evaluation of three interrelated factors: 1) number of inferential steps required; 2) the types of argumentation schemes involved; and 3) the implicit premises required. (shrink)