Allocating the burden of proof and intuitions in philosophical disputes.– This paper criticises the view that in philosophical disputes the onus probandi rests on those who advance a position that contradicts our basic intuitions. Such a rule for allocating the burden of proof may be an adequate reconstruction of everyday justification, but is unreasonable in the area of philosophy. In philosophy it is not only difficult to determine the plausibility of a proposition, at the same time contradictory claims may be (...) equally plausible. – In contrast to such common sense proposals I try to show that in philosophical disputes the burden of proof does not depend on the material content of speech acts. A speaker simply bears the burden of proof for a proposition p if he has asserted that p and has agreed to justify it. (shrink)

This work discusses an empirical study of reasoning as it occurs in conversations. Reasoning in this context has features not usually accounted for in standard methods for describing argumentation (e.g., Toulmin, (1964), Toulmin, Rieke, and Janik (1984)). For example, insufficient attention has been paid to challenges which can be used to shift the ground of an argument and to the development of multiple conversational grounds. Moreover, even though the value of cooperative efforts in building arguments is widely recognized, more needs (...) to be said about analyzing co-constructed arguments. This empirical work was primarily descriptive and concerned with how people construct arguments in conversations, but one goal of the study was to lay groundwork for comparing the quality of reasoning in conversations which differ with respect to whether the arguments they contain are primarily the contributions of individuals or are genuinely co-constructed arguments. (shrink)

According to the so-called presumption of equality, a person who does not know whether there is an acceptable reason for differential treatment should just presume the similarity of the cases and treat them equally. If we assume that the presumption of equality is an acceptable moral principle, at least when the allocation cannot be postponed and an equal distribution of goods is possible, then an important question arises: when exactly does the allocator have sufficient reasons for differential treatment and is (...) not relevantly ignorant? This is a question about the required strength of the “acceptable reasons” for differential treatment. It has been commonplace to think that the presumption of equality demands that the reasons that refute the presumption must be very strong and that differential treatment requires that there is a proper justification for the claim that the cases are relevantly different. I will argue, however, that refuting the presumption and solving the issue are two separate matters. A person can have good enough reasons for rejecting the presumption that the cases are relevantly similar without having reasons that she could present as a full justification for the claim that the cases are relevantly different. A precondition of the applicability of the presumption of equality is ignorance, but not ignorance in the sense of “not having a full justification”. (shrink)

: For philosophers of science interested in elucidating the social character of science, an important question concerns the manner in which and degree to which the objectivity of scientific knowledge is socially constituted. We address this broad question by focusing specifically on philosophical theories of evidence. To get at the social character of evidence, we take an interdisciplinary approach informed by categories from argumentation studies. We then test these categories by exploring their applicability to a case study from high-energy physics. (...) Our central claim is that normative philosophy of science must move beyond abstract theories of justification, confirmation, or evidence conceived impersonally and incorporate a theoretical perspective that includes dialogical elements, either as adjuncts to impersonal theories of evidence or as intrinsic to the cogency of scientific argumentation. (shrink)

This article asks whether an interdisciplinary "critical science studies" (CSS) is possible between a critical theory in the Frankfurt School tradition, with its commitment to universal standards of reason, and relativistic sociologies of scientific knowledge (e.g., David Bloor's strong programme). It is argued that CSS is possible if its practitioners adopt the epistemological equivalent of Rawls's method of avoidance. A discriminating, public policy–relevant critique of science can then proceed on the basis of an argumentation theory that employs an immanent standard (...) of relevance, which is illustrated by drawing on Helen Longino's critique of behavioral theory. (shrink)

1. In May 2013 I had an email exchange with Philippe Besnard, continued in September that year, on his paper with Amgoud and Besnard (2013) and its relevance for the ASPIC+ framework (Modgil & Prak...

In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based (...) defeasibility, and theory‐based defeasibility. Only the integration of these three perspectives allows us to provide a satisfactory account of the role of defeasibility in legal reasoning. (shrink)

This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute on (...) the basis of the claims, arguments and evidence put forward in the argumentation phase. The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase. Adjudication is modelled as putting forward arguments, in particular undercutting and priority arguments, in the decision phase. The model reconciles logical aspects of burden of proof induced by the defeasible nature of arguments with dialogical aspects of burden of proof as something that can be allocated by explicit decisions on legal grounds. (shrink)

John Pollock (1940?2009) was an influential American philosopher who made important contributions to various fields, including epistemology and cognitive science. In the last 25 years of his life, he also contributed to the computational study of defeasible reasoning and practical cognition in artificial intelligence. He developed one of the first formal systems for argumentation-based inference and he put many issues on the research agenda that are still relevant for the argumentation community today. This paper presents an appreciation of Pollock's work (...) on defeasible reasoning and its relevance for the computational study of argument. In our opinion, Pollock deserves to be remembered as one of the founding fathers of the field of computational argument, while, moreover, his work contains important lessons for current research in this field, reminding us of the richness of its object of study. (shrink)

Inspired by legal reasoning, this paper presents a formal framework for assessing conflicting arguments. Its use is illustrated with applications to realistic legal examples, and the potential for implementation is discussed. The framework has the form of a logical system for defeasible argumentation. Its language, which is of a logic-programming-like nature, has both weak and explicit negation, and conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities (...) are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled.The proof theory of the system is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument. An argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. Despite this dialectical form, the system reflects a declarative, or relational approach to modelling legal argument. A basic assumption of this paper is that this approach complements two other lines of research in AI and Law, investigations of precedent-based reasoning and the development of procedural, or dialectical models of legal argument. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...) of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

Argumentation involves offering and/or exchanging reasons – either reasons for adopting various attitudes towards specific propositional contents or else reasons for acting in various ways. This paper develops the idea that the force of reasons is through and through a normative force because what good reasons accomplish is precisely to give one a certain sort of entitlement to do what they are reasons for. The paper attempts to shed light on what it is to have a reason, how the sort (...) of entitlement arising from reasons differs from other species of entitlement and how the norms by which such entitlement is assessed obtain their status as norms. (shrink)

Starting in the 1950s, computer programs for simulating cognitive processes and intelligent behaviour were the hallmark of Good Old-Fashioned Artificial Intelligence and ‘cognitivist’ cognitive science. This article examines a somewhat neglected case of simulation pursued by one of the founding fathers of simulation methodology, Herbert A. Simon. In the 1970s and 1980s, Simon had repeated contacts with Marxist countries and scientists, in the context of which he advanced the idea that cognitivism could be used as a framework for simulating dialectical (...) materialism. Simon's idea was, in particular, to represent dialectical processes through a ‘symbolic’ version of dialectical logic. This article explores the context of Simon's interaction with Marxist countries—China and the USSR—and also assesses the outcome of the simulation. The difficulty with simulating distinctive features of dialectical materialism is read in light of the underlying assumptions of cognitivism and, ultimately, in light of the attempt to tame a rival world view. (shrink)

In Part 1 of this wide-ranging interview Heikki Patomäki discusses his early work and career up to the Global Financial Crisis. He provides comment on his role as a public intellectual and activist, his diverse academic interests and influences, and the many and varied ways he has contributed to critical realism and critical realism has influenced his work. In Part 2 he discusses his later work, the predicament of humanity and the role of futures studies.

Not every speech act can be a lie. A good definition of lying should be able to draw the right distinctions between speech acts that can be lies and speech acts that under no circumstances are lies. This paper shows that no extant account of lying is able to draw the required distinctions. It argues that a definition of lying based on the notion of ‘assertoric commitment’ can succeed where other accounts have failed. Assertoric commitment is analysed in terms of (...) two normative components: ‘accountability’ and ‘discursive responsibility’. The resulting definition of lying draws all the desired distinctions, providing an intensionally adequate analysis of the concept of lying. (shrink)

La concepción predominante de la argumentación sigue privilegiando la dimensión representacional del lenguaje y, en consecuencia, ignora o infravalora las funciones compromisorias, directivas o expresivas de la argumentación. En este artículo examino los usos de la argumentación en la esfera pública -con especial atención a la deliberación y a la negociación- para poner de manifiesto y reivindicar la importancia de las funciones no persuasivas de la argumentación, entre las que se destaca la construcción y moldeado de identidades sociales.

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...) with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

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)

Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends on how the arguer defines (...) his conclusion and what he considers to be in the paradigm of negated alternatives. If we negate only two of the several possible alternatives, even if they are the most probable, the conclusion will be weak. However, if we deny all possible alternatives, the reasoning will be strong, and even in some cases deductively valid. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (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)

This paper revisits the challenge of Berman and Hafner’s “missing link” paper on representing teleological structure in case-based legal reasoning. It is noted that this was mainly an ontological challenge to represent some of what made legal reasoning distinctive, which was given less attention than factual similarity in the dominant AI and Law paradigm, deriving from HYPO. The response to their paper is noted and briefly evaluated. A parallel is drawn to a new challenge to provide deep structure to the (...) legal context of textual meaning, drawing on the forthcoming work of two Constitutional law scholars who appear to place some faith in the ways of thinking that AI and Law has developed. (shrink)

In his theory of criticism, D. N. Walton presupposes that an opponent either critically questions an argument, without supplementing this questioning with any reasoning of her own, or that she puts forward a critical question and supplements it with a counterargument, that is, with reasoning in defense of an opposite position of her own. In this paper, I show that there is a kind of in-between critical option for the opponent that needs to be taken into account in any classification (...) of types of criticism, and that should not be overlooked in a system of dialogue norms, nor in a procedure for developing a strategically expedient critique. In this third option, an opponent questions and overtly doubts a statement of the proponent and supplements her doubts with a counterconsideration that explains and motivates her position of critical doubt, yet without supporting any opposite thesis, thereby assisting, as it were, the proponent in his attempt to develop a responsive argumentation, tailor-made to convince this particular opponent. First, I elaborate on the notion of an explanatory counterconsideration. Second, I discuss Walton’s distinction between premises that can be challenged by mere questioning and premises that must be challenged by incurring the obligation to offer counter-argumentation. I contend that the latter type of premises, that I would label “normality premises,” can be attacked without incurring a genuine burden of proof. Instead, it can be attacked by means of incurring a burden of criticism that amounts to the obligation to offer an explanatory counterconsideration, rather than a convincing ex concessis argument. Of course, providing the opponent with the right to discharge her burden of criticism with explanatory counterconsiderations brings a clear strategic ad- vantage to her. It is much less demanding to motivate one’s doubts regarding proposition P, than to convince the proponent of not-P. If we want to encourage opponents to act critically, and proponents to develop responsive arguments, the importance of the notions of an explanatory counterconsideration and of a motivated doubt should be emphasized in the theory of criticism. (shrink)

Arguments from analogy are pervasive in everyday reasoning, mathematics, philosophy, and science. Informal logic studies everyday argumentation in ordinary language. A branch of fuzzy logic, approximate reasoning, seeks to model facets of everyday reasoning with vague concepts in ill-defined situations. Ways of combining the results from these fields will be suggested by introducing a new argumentation scheme—a fuzzy analogical argument from classification—with the associated critical questions. This will be motivated by a case study of analogical reasoning in the virtual friendship (...) debate within information ethics. The virtual friendship debate is a disagreement over whether virtual friendships are genuine friendships. It will be argued that the debate could move away from its current impasse, caused by unproductive metaphysical and logical assumptions, if extant arguments are reinterpreted as fuzzy analogical arguments from classification, and subjected to a new set of critical questions which would replace the quest for facts of essence about friendship with an emphasis on empirical data, persuasion, and definitional power. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...) there are normative requirements that enhance the directiveness of criticism. Does the opponent have in circumstances a dialectical obligation to provide clarifications, explanations, or even arguments? In this paper, it is hypothesized that the competitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumentative strategy that defuses them. (shrink)

This essay presents a dialogical framework for treating philosophical disagreements as persuasion dialogues with analogical argumentation, with the aim of recasting philosophical disputes as disagreements over analogies. This has two benefits: it allows us to temporarily bypass conflicting metaphysical intuitions by focusing on paradigmatic examples, similarities, and the plausibility of conclusions for or against a given point of view; and it can reveal new avenues of argumentation regarding a given issue. This approach to philosophical disagreements is illustrated by studying the (...) role of argumentation by analogy in disputes over Lockean justifications of intellectual property rights, and disagreements over whether artificial agents should be treated as moral agents. Finally, a nonexhaustive list of possible global and local points of contention over analogical arguments is identified in order to highlight potential avenues of argumentation in disagreements over analogies. (shrink)

This paper attempts to systematically characterize critical reactions in argumentative discourse, such as objections, critical questions, rebuttals, refutations, counterarguments, and fallacy charges, in order to contribute to the dialogical approach to argumentation. We shall make use of four parameters to characterize distinct types of critical reaction. First, a critical reaction has a focus, for example on the standpoint, or on another part of an argument. Second, critical reactions appeal to some kind of norm, argumentative or other. Third, they each have (...) a particular illocutionary force, which may include that of giving strategic advice to the other. Fourth, a critical reaction occurs at a particular level of dialogue (the ground level or some meta-level). The concepts here developed shall be applied to discussions of critical reactions by Aristotle and by some contemporary authors. (shrink)

In this paper I investigate the similarities betweenthe dialectical procedure in the pragma-dialecticaltheory and dialectical procedures in AI and Law. I dothis by focusing on one specific type of reasoning inlaw: analogy argumentation. I will argue that analogyargumentation is not only a heuristic forfinding new premises, but also a part of thejustification of legal decisions. The relevantcriteria for the evaluation of analogy argumentationare not to be found at the logical level of inference,but at the procedural level of the discussion. I (...) willproceed as follows. I start with an outline ofPrakken's theory of argumentation frameworks andprocedural models. Then, I will discuss Peczenik'sanalysis of analogy argumentation and try to combineit with the descriptive-normative research ofMacCormick and Summers. Finally, I propose asystematization of the criteria for the evaluation ofanalogy argumentation within the framework of apragma-dialectical notion of an argumentation scheme. (shrink)

The question of who has the burden of proof is often important in practice. We must frequently make decisions and act on the basis not of conclusive evidence but of what is reasonable to presume true. Consequently, it happens that a given practical question must be solved by referring to principles that explicitly or implicitly determine, at least partly, where the burden of proof should rest. In this essay, I consider the role of the logic of the burden of proof (...) in a debate on global justice. In particular, I ask how the logic of the burden of proof is seen by those who defend conservative positions in a debate and deny our obligations to reduce poverty beyond borders. I argue that defenders of conservative positions tend to shift the burden of proof in an unjustified way. (shrink)

This paper is an exercise in intellectual history, an attempt to understand how a specific term—”informal logic”— came to be interpreted in so many different ways. I trace the emergence and development of “informal logic” to help explain the many different meanings, how they emerged and how they are related. This paper is also, to some degree, an account of a movement that developed outside the mainstream of philosophy, whose origins lie in a desire to make logic useful (echoing Dewey).

A concept of critical thinking is developed based on the Socratic method and called accordingly a Socratic model. First the features of critical thinking stressed in this model are stated and illustrated. The Socratic method is presented and interpreted, then taken to yield a model of critical thinking. The process of internalization by which the Socratic model helps us to become critical thinkers is described. Argument analysis is considered as a widely used instructional strategy adaptable for teaching critical thinking on (...) the Socratic model. This Socratic model is advanced as one helpful way of organizing our ideas about critical thinking, helpful in unifying disparate factors and anchoring them in the humanist tradition. (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)

The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...) not necessarily important whether that degree of belief exceeds a particular threshold (e.g., ‘reasonable doubt’). We explore the consequences of this distinction for the role that the “burden of proof” has played in argumentation and in theories of fallacy. (shrink)

A generation before Beardsley, legal scholar John Henry Wigmore invented a scheme for representing arguments in a tree diagram, aimed to help advocates analyze the proof of facts at trial. In this essay, I describe Wigmore's "Chart Method" and trace its origin and influence. Wigmore, I argue, contributes to contemporary theory in two ways. His rhetorical approach to diagramming provides a novel perspective on problems about the theory of reasoning, premise adequacy, and dialectical obligations. Further, he advances a novel solution (...) to the problem of assessing argument quality by representing the strength of argument in meeting objections. (shrink)

Harry Collins' central argument about experimental practice revolves around the thesis that facts can only be generated by good instruments but good instruments can only be recognized as such if they produce facts. This is what Collins calls the experimenters' regress. For Collins, scientific controversies cannot be closed by the ‘facts’ themselves because there are no formal criteria independent of the outcome of the experiment that scientists can apply to decide whether an experimental apparatus works properly or not.No one seems (...) to have noticed that the debate is in fact a rehearsal of the ancient philosophical debate about skepticism. The present article suggests that the way out of radical skepticism offered by the so-called mitigated skeptics is a solution to the problem of consensus formation in science.Keywords: Argumentation; Skepticism; Sociology of science; Philosophy of science; Scientific controversies. (shrink)

Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially generated modal (...) qualifier, “presumably, p,” distinguishing it from other, particularly epistemic modalities, e.g., standing commitments, assumptions, assertions, suppositions, hypotheses, and defeasible claims. By avoiding the tranching of inferential instruments of qualitatively different bona fides and risk profiles, this account provides a more accurate risk-rating system that better manages epistemic risk in inference, as well as contributing to the normative theory of the operation of presumption in reasoning and argument. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their proposals. Specifically, (...) we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...) in the literature on presumptions, since its foundation in the Middle Ages to modern times. James Bradley Thayer was probably the last jurist who clearly saw that presumptions belong to argumentation. Second, the paper examines two sources of controversy in the language of presumptions. First, “presumption” is an ambiguous word in the legal discourse. As a result, it is almost impossible to provide a clear and succinct answer to the question “What is a presumption?”. Second, there are at least four reconstructions of the concept of presumption whose merits and shortcomings are relevant to explore. The analysis presented here may be of interest for legal and non-legal scholars and, hopefully, it may help to shed light on the possibilities and limits of an interdisciplinary dialogue about presumptions. (shrink)

In this essay, Weinstein wants to address the issue of argument strength, of how strongly the premises of an argument support a conclusion. Using the framework of the Toulmin model, arguments have warrants which indicate some general connection between the premises and the conclusion of the argument. We may ask for the backing of the warrant, evidence for it. If the connection is an empirical generalization, the backing includes data supporting the generalization. But the backing may include theoretical generalizations, which (...) may explain the warrant. Furthermore, theories may be reduced by more comprehensive theories. A warrant then may ultimately be backed by some deep and very comprehensive theoretical explanation.Weinstein seeks to explicate the relation between the depth of backing for the warrant and the strength of the connection between premises and conclusion which the warrant indicates through the Model of Emerging Truth . Data relevant to confirming the theory have empir .. (shrink)

One takes one’s word that p when a source vouches for p and one accepts the word of that source. If the source is reliable in this case, p is acceptable. The reliability of the source is a measure of its plausibility. If a source has the relevant competence, credibility, authority, that word is acceptable. Likewise, the word may be acceptable if accompanied by a cogent argument, but presumption may be misplaced. One may recognize a presumption for a statement when (...) such recognition is not justified, the positive version of the fallacy. One may refuse to recognize a presumption for a statement when there really is a presumption for the statement, the negative version of the fallacy. The essay proceeds to explore various dimensions of when it is justified to take a source’s word for a claim, and when it is justified to reject a claim from a source. The discussion ranges over considerations of sexism and race, cultural differences, and the relationship of presumptions to fallacies. Also considered is the role of trust in taking someone’s word and the factors involved in trusting someone. (shrink)

Koopman’s book revolves around the notion of transition, which he proposes is one of the central ideas of the pragmatist tradition but one which had not previously been fully articulated yet nevertheless shapes the pragmatist attitude in philosophy. Transition, according to Koopman, denotes “those temporal structures and historical shapes in virtue of which we get from here to there”. One of the consequences of transitionalism is the understanding of critique and inquiry as historical pro...

Lilian Bermejo-Luque has posed these questions:1.What is the relationship between presumption and presumptive inference? 2.What are the correctness conditions for presumptions and presumptive inferences? Cohen’s method of relevant variables, Toulmin’s model, and Rescher’s theory of plausibility suggest answers. An inference is presumptive just in case its warrant transfers presumption from its premises to its conclusion. A warrant licencing an inference from the claim that an empirical property φ holds to the claim that some other property ψ holds is backed by (...) observation of a constant conjunction of those properties. The stronger the backing, the stronger the warrant. Warrants may be defeated by instances of φ holding in conjunction with some property χ and ψ not holding. The method of relevant variables directs us to organize such defeating properties into relevant variables. We then test the strength of a warrant by seeing how many variables fail to have a value which defeats the warrant. The more variables with no defeater, the stronger the warrant. We may construct a canonical ordering of the relevant variables by ranking them according to the plausibility of their including defeating values. We may evaluate the strength not only of empirically backed warrants, but warrants backed by institutional rules, such as a branch of law, or by a priori intuited connections between properties. An inference rule will be presumptive just in case the plausibility of its warrant being defeated is below some specified level. (shrink)

Premise acceptability is conceptually connected to presumption. To say that a premise is acceptable just when there is a presumption in its favor is to give a first approximation to this connection. A number of popular principles of presumption suggest that whether there is a presumption for a premise, belief, or claim depends on the sources which vouch for it. Sources consist of internal belief-generating mechanisms and external testimony. Alvin Plantinga's notion of warrant lays down four conditions upon a source (...) for the belief which it generates to be warranted. We argue that there is a presumption for a premise, belief, or claim if and only if there is a presumption of warrant for that premise,belief or claim. This amounts to the thesis that there is a presumption for a belief from a challenger's point of view if and only if there is a presumption from that person's point of view that her cognitive faculties which have generated the belief have been functioning properly, in an appropriate cognitive environment, in accord with a segment of her design plan aimed at the truth, and that these faculties are reliable. In light of our argument for this thesis, we may legitimately claim that one way to determine that there is a presumption for a belief is to determine that there is a presumption of warrant for that belief, and thus that in determining whether there is a presumption for a belief or premise, we may consider the source. (shrink)

We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof as a (...) key element, indicating what level of support must be achieved by one side to win the argument. Burden of proof acts as move filter, turntaking mechanism, and termination criterion, eventually determining the winner of an argument. Our model has been implemented in a computer program. We demonstrate the model by considering program output for two examples previously discussed in the artificial intelligence and legal reasoning literature. (shrink)