In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

Current formal dialectical models postulate normative rules that enable discussants to conduct dialogical interactions without committing fallacies. Though the rules for conducting a dialogue are supposed to apply to interactions between actual arguers, they are without exception theoretically motivated. This creates a gap between model and reality, because dialogue participants typically leave important content-related elements implicit. Therefore, analysts cannot readily relate normative rules to actual debates in ways that will be empirically confirmable. This paper details a new, data-driven method for (...) describing discussants’ actual reply structures, wherein corpus studies serve to acknowledge the complexity of natural argumentation. Rather than refer exclusively to propositional content as an indicator of arguing pro/contra a given claim, the proposed approach to dialogue structure tracks the sequence of dialogical moves itself. This arguably improves the applicability of theoretical dialectical models to empirical data, and thus advances the study of dialogue systems. (shrink)

The aim of the paper is to propose a unified formal account of dialogical cognitive processes so that it allows the analysis of similarities and differences between those processes. Formal dialogue systems constitute two basic categories or paradigms of modelling communication depending on what cognitive process is described by a given system. The first paradigm consists of designing a set of dialogue rules in a similar manner to Lorenzen’s dialogue logic, and according to which players jointly aim to prove the (...) validity of a formula. In such cases we will say that the system describes formal dialogues and the formal cognitive process of proving the validity of a formula. The second paradigm focuses on building a system similar to Hamblin’s formal dialectics, which “simulates” the real-life communication practice. In the type of dialogues described by those systems, players perform “good” argumentation, i.e. argumentation which fulfils certain requirements of rationality such as e.g. the requirement of not committing a fallacy of circular reasoning. In such a case we will be speaking of a natural dialogue and a natural cognitive process of argumentation. (shrink)

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

This paper discusses some of the ways in which circular definitions and circular explanations entail or fail to entail infinite regresses. And since not all infinite regresses are vicious, a few criteria of viciousness are examined in order to determine when the entailment of a regress refutes a circular definition or a circular explanation.

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

It has been widely accepted in the past and it remains accepted in many quarters even now, that an ontologically economical position is to be rejected if the corresponding Platonic or otherwise ontologically prodigal discourse cannot be translated, paraphrased or otherwise ‘reduced’ to discourse exhibiting a more economical ontology. Such an attitude is often accompanied by the claim that the prodigal ontology explains some important truthsandthe demand that the nominalist or fictionalist or economicalist provide an alternative explanation for those truths (...) — perhaps in terms of ontologically economical ersatz substitutes for the prodigal entities. (shrink)

The aim of this paper is to make it clear how and why begging the question should be seen as a pragmatic fallacy which can only be properly evaluated in a context of dialogue. Included in the paper is a review of the contemporary literature on begging the question that shows the gradual emergence over the past twenty years or so of the dialectical conception of this fallacy. A second aim of the paper is to investigate a number of general (...) problems raised by the pragmatic framework. (shrink)

We present a logic-based formalism for modeling ofdialogues between intelligent and autonomous software agents,building on a theory of abstract dialogue games which we present.The formalism enables representation of complex dialogues assequences of moves in a combination of dialogue games, and allowsdialogues to be embedded inside one another. The formalism iscomputational and its modular nature enables different types ofdialogues to be represented.

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

Toulmin’s scheme for the layout of arguments (1958, The Uses of Argument, Cambridge University Press, Cambridge) represents an influential tool for the analysis of arguments. The scheme enriches the traditional premises-conclusion model of arguments by distinguishing additional elements, like warrant, backing and rebuttal. The present paper contains a formal elaboration of Toulmin’s scheme, and extends it with a treatment of the formal evaluation of Toulmin-style arguments, which Toulmin did not discuss at all. Arguments are evaluated in terms of a so-called (...) dialectical interpretation of their assumptions. In such an interpretation, an argument’s assumptions can be evaluated as defeated, e.g., when there is a defeating reason against the assumption. The present work builds on recent research on defeasible argumentation (cf. e.g. the work of Pollock, Reiter, Loui, Vreeswijk, Prakken, Hage and Dung). More specifically, the author’s work on the dialectical logic DEFLOG and the argumentation tool ARGUMED serve as starting points. (shrink)

Since its inception in the work on fallacies of Charles Hamblin, formal dialectic has been the object of an unparalleled level of optimism concerning the potential of its analytical contribution to fallacy inquiry. This optimism has taken the form of a rapid proliferation of formal dialectical studies of arguments in general and fallacious arguments in particular under the auspices of theorists such as Jim Mackenzie and John Woods and Douglas Walton, to name but a few. Notwithstanding the interest in, and (...) the hopes for, a formal dialectical analysis of the fallacies, such an analysis, I will demonstrate subsequently, leads to much unintelligibility in fallacy inquiry. The context of my argument will be the philosophical views of Hilary Putnam, particularly Putnam's claim that when we theorise in relation to rationality, the unintelligibility of the conception of rationality to emerge from this theoretical process can be traced to the circumscription of rationality within this theoretical process. I charge formal dialectic with effecting a similar circumscription of argumentative rationality, a circumscription that, I will claim, is generative of unintelligibility in formal dialectical analyses of the fallacies. In this case, the context for my claims will be the formal dialectical analyses of Walton and Batten, Rescher, Hamblin, Mackenzie and Hintikka, primarily in relation to the petitio principii fallacy. My conclusion examines a number of the reasons, both historical and conceptual, which have made it seem that it is possible to fully circumscribe the notion of argumentative rationality. (shrink)

Much work on legal knowledge systems treats legal reasoning as arguments that lead from a description of the law and the facts of a case, to the legal conclusion for the case. The reasoning steps of the inference engine parallel the logical steps by means of which the legal conclusion is derived from the factual and legal premises. In short, the relation between the input and the output of a legal inference engine is a logical one. The truth of the (...) conclusion only depends on the premises, and is independent of the argument that leads to the conclusion.This paper opposes the logical approach, and defends a procedural approach to legal reasoning. Legal conclusions are not true or false independent of the reasoning process that ended in these conclusions. In critical cases this reasoning process consists of an adversarial procedure in which several parties are involved. The course of the argument determines whether the conclusion is true or false. The phenomenon of hard cases is used to demonstrate this essential procedural nature of legal reasoning. (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.

The Pleadings Game is a normative formalization and computational model of civil pleading, founded in Roberty Alexy''s discourse theory of legal argumentation. The consequences of arguments and counterarguments are modelled using Geffner and Pearl''s nonmonotonic logic,conditional entailment. Discourse in focussed using the concepts of issue and relevance. Conflicts between arguments can be resolved by arguing about the validity and priority of rules, at any level. The computational model is fully implemented and has been tested using examples from Article Nine of (...) the Uniform Commercial Code. (shrink)

A well-known ambiguity in the term ‘argument’ is that of argument as an inferential structure and argument as a kind of dialogue. In the first sense, an argument is a structure with a conclusion supported by one or more grounds, which may or may not be supported by further grounds. Rules for the construction and criteria for the quality of arguments in this sense are a matter of logic. In the second sense, arguments have been studied as a form of (...) dialogical interaction, in which human or artificial agents aim to resolve a conflict of opinion by verbal means. Rules for conducting such dialogues and criteria for their quality are part of dialogue theory. Usually, formal accounts of argumentation dialogues in logic and artificial intelligence presuppose an argument-based logic. That is, the ways in which dialogue participants support and attack claims are modelled as the construction of explicit arguments and counterarguments (in the inferential sense). However, in this paper formal models of argumentation dialogues are discussed that do not presuppose arguments as inferential structures. The motivation for such models is that there are forms of inference that are not most naturally cast in the form of arguments (such as abduction, statistical reasoning and coherence-based reasoning) but that can still be the subject of argumentative dialogue. Some recent work in artificial intelligence is discussed which embeds non-argumentative inference in an argumentative dialogue system, and some general observations are drawn from this discussion. (shrink)

Dung’s abstract argumentation frameworks have had a very significant role in the rise in interest in argumentation throughout this century. In this paper we will explore the impact of this seminal...

Among contemporary philosophers, there is widespread consensus that begging the question is a grave argumentative flaw. However, there is presently no satisfactory analysis of what this flaw consists of. Here, I defend a notion of question-begging in terms of analyticity. In particular, I argue that an argument begs the question just in case its conclusion is an analytic part of the conjunction of its premises.

In this paper we compare central elements of Dialogue Logic and Belief Revision theory. Dialogue Logic of the Hamblin/Mackenzie style, or Formal Dialectic, contains three main features. First, there is a rule governed interaction between dialogue participants—the minimal case being two participants. Second, each participant has a commitment store which changes as the dialogue progresses. Third, the changes in the commitment store are governed by rules for additions and withdrawals of material. Withdrawal of material is one major source of difficulty (...) in proposing rules for commitment store change. The classic Belief Revision theory is the AGM theory. AGM theory is a theory about ideal rational believers who change their sets of beliefs by either expansion or contraction. Contraction is a major source of difficulty in belief revision theory. We claim that the commitment stores of dialogue logic include, in a sense, the belief sets of belief revision theory. Further, withdrawal and contraction are essentially the same process. We consider various kinds of withdrawal and contraction, and show how approaches to these processes illuminate certain of the formal fallacies. (shrink)

Compliance is often achieved ‘by design’ through a coherent system of controls consisting of information systems and procedures. This system-based control requires a new approach to auditing in which companies must demonstrate to the regulator that they are ‘in control’. They must determine the relevance of a regulation for their business, justify which set of control measures they have taken to comply with it, and demonstrate that the control measures are operationally effective. In this paper we show how value-based argumentation (...) theory can be applied to the compliance domain. Corporate values motivate the selection of control measures (actions) which aim to fulfil control objectives, i.e. adopted norms (goals). In particular, we show how to formalize the audit dialogue in which companies justify their compliance decisions to regulators using value-based argumentation. The approach is illustrated by a case study of the safety and security measures adopted in the context of EU customs regulation. (shrink)

The first issue of _Artificial Intelligence and Law_ journal was published in 1992. This paper provides commentaries on landmark papers from the first decade of that journal. The topics discussed include reasoning with cases, argumentation, normative reasoning, dialogue, representing legal knowledge and neural networks.

Persuasion is an activity that involves one party trying to induce another party to believe something or to do something. It is an important and multifaceted human facility. Obviously, sales and ma...

In this paper we consider persuasion in the context of practical reasoning, and discuss the problems associated with construing reasoning about actions in a manner similar to reasoning about beliefs. We propose a perspective on practical reasoning as presumptive justification of a course of action, along with critical questions of this justification, building on the account of Walton. From this perspective, we articulate an interaction protocol, which we call PARMA, for dialogues over proposed actions based on this theory. We outline (...) an axiomatic semantics for the PARMA Protocol, and discuss two implementations which use this protocol to mediate a discussion between humans. We then show how our proposal can be made computational within the framework of agents based on the Belief-Desire-Intention model, and illustrate this proposal with an example debate within a multi agent system. (shrink)

This paper addresses the problem posed by the current split between the two opposed hypotheses in the growing literature on the fallacy of begging the question the epistemic hypothesis, based on knowledge and belief, and the dialectical one, based on formal dialogue systems. In the first section, the nature of split is explained, and it is shown how each hypothesis has developed. To get the beginning reader up to speed in the literature, a number of key problematic examples are analyzed (...) illustrating how both approaches can be applied. Useful tools are brought to bear on them, including the automated argument diagramming system Araucaria, and profiles of dialogue used to represent circular argumentation in a dialogue tableau format. These tools are used to both to model circular reasoning and to provide the contextual evidence needed to properly determine whether the circular reasoning in a given case is better judged fallacious or not. A number of technical problems that have impeded the development of both hypotheses are studied. One central problem is the distinction between argument and explanation. It is concluded that the best way to move forward and solve these problems is to reformulate the two hypotheses in such a way that they might be able to co-exist. On this basis, a unified methodology is proposed that allows each hypothesis to move forward as a legitimate avenue for research using the same tools. (shrink)

This paper develops concepts and procedures for the evaluation of complex debates. They provide means for answering such questions as whether a thesis has to be considered as proven or disproven in a debate or who carries a burden of proof. While being based on classical logic, this framework represents an (argument-based) approach to non-monotonic, or defeasible reasoning. Debates are analysed as dialectical structures, i.e. argumentation systems with an attack- as well as a support-relationship. The recursive status assignment over the (...) arguments is conditionalised on proponents in a debate. The problem of multiple status assignments arising on circular structures is solved by showing that uniqueness can be guaranteed qua reconstruction of a debate. The notion of burden of proof as well as other discursive aims rational proponents pursue in a debate is defined within the framework. (shrink)

Mediation is an alternative dispute resolution process that is becoming more and more popular particularly in English-speaking countries. In contrast to traditional litigation it has not benefited from technological advances and little research has been carried out to make this increasingly widespread practice more efficient. The study of argumentation in dispute mediation hitherto has largely been concerned with theoretical insights. The development of argumentation theories linked to computational applications opens promising new horizons since computational tools could support mediators, making sessions (...) quicker and more efficient. For this, we need tools for close analysis of mediation discourse in order to explore the argumentative activity in depth, and ultimately get an accurate image of how dialogues unfold in this particular context. This paper therefore aims at laying the foundations of a theory of close analysis for discourse in dispute mediation. Theories provided by the literature serve as a basis for argumentative analyses of transcripts of mediation sessions in order to deliver a clear image of the argumentative structure. Analyses of the argumentative strategies in mediation discourse will allow for the development of a dialogue protocol that can be used to develop operational models which can be embodied in software to help make the mediation process easier and more effective. (shrink)

The research discussed in this paper concerns an investigation of logical dialogue games as a vehicle for enhanced human-computer communication. The need for a dialogue capability in computer systems is argued, and a prima facie case made for dialogue games, in particular Mackenzie's "DC", as a suitable dialogue model. Empirical work concerning DC is outlined, and strategies for adoption by the computer are presented. A user interface, software architecture and conceptualised example are discussed. The hope is that the paper will (...) help bring together two groups of workers-philosophers of dialogue and designers of computer systems-to the mutual benefit of each. (shrink)

Alan Hazen has claimed that Buridan’s theory of truth does not escape semantic paradox.In this paper, I claim that Buridan's theory is untouched by Hazen's case.My solution to Hazen's paradox requires the recognition of the exceptionability of what I shall call T-Elimination, namely, the principle that from a statement that such and such is true, we may deduce such and such. The exceptions are explained by reference to the role of what I shall call the meta-content of a locution, that (...) is, that information conveyed by any locution that tells us what sort of a locution it is intended to be. The exceptionability of T-Elimination turns out to be shared by other well-accepted principles of deduction also—and for the same reasons. (shrink)

We describe PADUA, a protocol designed to support two agents debating a classification by offering arguments based on association rules mined from individual datasets. We motivate the style of argumentation supported by PADUA, and describe the protocol. We discuss the strategies and tactics that can be employed by agents participating in a PADUA dialogue. PADUA is applied to a typical problem in the classification of routine claims for a hypothetical welfare benefit. We particularly address the problems that arise from the (...) extensive number of misclassified examples typically found in such domains, where the high error rate is a widely recognised problem. We give examples of the use of PADUA in this domain, and explore in particular the effect of intermediate predicates. We have also done a large scale evaluation designed to test the effectiveness of using PADUA to detect misclassified examples, and to provide a comparison with other classification systems. (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.

There has been increasing use of argument-based approaches in the development of safety-critical systems. Within this approach, a safety case plays a key role in the system development life cycle. The key components in a safety case are safety arguments, which are designated to demonstrate that the system is acceptably safe. Inappropriate reasoning in safety arguments could undermine a system's safety claims which in turn contribute to safety-related failures of the system. The review of safety arguments is therefore a crucial (...) step in the development of safety-critical systems. Reviews are conducted using dialogues where elements of the argument and their relations are proposed and scrutinised. This paper investigates an approach of conducting argument review using dialectical models. After studying five established dialectical models with varying strengths and drawbacks, a new dialectical model specially designed to support persuasion and information-seeking dialogues has been proposed to suit the requir... (shrink)