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)

Dying is easy; comedy is hard. Comedy is sovereign. I begin with an excerpt from Bertolt Brecht’s Fugitive Conversations. Ziffel, a physicist, is chatting with the worker Kalle: For humor, I always think of the philosopher Hegel.... He had the makings of one of the greatest humorists among the philosophers.... I read his book The Great Logic once, when I had rheumatism and couldn’t move. It’s one of the greatest humorous works of world literature. It treats of the way of (...) life of concepts, those slippery, unstable, irresponsible existences; how they abuse one another and fight with knives and then sit down together to supper as though nothing had happened.... They can live... (shrink)

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)

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)

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)

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)

By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. (...) There are three main reasons. First, the argument from ignorance, unlike typical presumptive reasoning, is a negative kind of inference. Second, the typical initial presumption is sensitive to a broader set of defeaters and thus assumes a higher standard of acceptability. Third, in dialectical terms, initial presumption and argument from ignorance bring different attacking rights and obligations. I conclude that Waltonian intuition is unsupported or, at best, is limited only to practical presumptions and practical arguments from ignorance. (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)

Truthlikeness in historiography would allow us to be optimistic fallible realists about historiography – to hold that historical knowledge is about the past, true albeit fallible, and can increase over time. In this paper, three desiderata for a concept of truthlikeness in historiography will be outlined. One of the main challenges for truthlikeness is historiographic skepticism which holds that historiography is indistinguishable from fiction and cannot therefore furnish us with true knowledge about the past. Such skepticism rests on the postmodern (...) challenge, which will be criticized on the grounds that it rests on an implausible theory of meaning. It will be shown that Peirce’s semeiotic and pragmatist theory of truth, interpreted dialogically or game-theoretically, provides a suitable framework within which to pursue the project of defining a concept of truthlikeness for historiography. Finally, directions for possible future research into truthlikeness in historiography, including ways of defining a measure of truthlikeness, will be considered. (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)

In this paper, we closely examine the various ways in which a multi-party argumentative discussion—argumentative polylogue—can be analyzed in a dialectical framework. Our chief concern is that while multi-party and multi-position discussions are characteristic of a large class of argumentative activities, dialectical approaches would analyze and evaluate them in terms of dyadic exchanges between two parties: pro and con. Using as an example an academic committee arguing about the researcher of the year as well as other cases from argumentation literature, (...) we scrutinize the advantages and pitfalls of applying a dialectical framework to polylogue analysis and evaluation. We recognize two basic dialectical methods: interpreting polylogues as exchanges between two main camps and splitting polylogues into a multitude of dual encounters. On the basis of this critical inquiry, we lay out an argument expressing the need for an improved polylogical model and propose its basic elements. (shrink)

The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...) have a closely analogous pragmatic function, i.e., that practical and cognitive presumptions are made to avoid greater harm in circumstances of epistemic uncertainty. By comparing schemes of practical and cognitive reasoning, I show that Rescher’s contention requires qualifications. Moreover, not only do practical and cognitive presumptions have distinct pragmatic functions, but they also perform different dialogical functions and, in some circumstances, cannot be defeated by the same kinds of evidence. Hence, I conclude that the two classes of presumptions merit distinct treatment in argumentation theory. (shrink)

Few, if any, scientific inquiries are conducted against a background of complete knowledge, a background in which inquirers are in possession of the ‘full facts’ that relate to a particular question or issue. More often than not, scientists are compelled to conduct their deliberations in contexts of epistemic uncertainty, in which partial knowledge or even a total absence of knowledge characterise inquiry. Nowhere is this epistemic uncertainty more evident, or indeed more successfully controlled, than in the branch of scientific inquiry (...) called epidemiology. In this paper, I examine how epidemiologists overcome the unique challenges to inquiry that are posed by epistemic uncertainty. In specific terms, I contend that epidemiologists employ analogical reasoning strategies in an attempt to advance their inquiries in situations that are epistemically uncertain. The context for my claims will be the early inquiries that were conducted into the emergence of HIV/AIDS in the United States. I argue that early scientific work in relation to HIV/AIDS was directly premised upon epidemiological investigations in which analogical reasoning with hepatitis B had featured significantly. I conclude that epidemiological investigations of AIDS exemplify the capacity of analogical reasoning to advance inquiry under conditions of epistemic uncertainty. To this extent, analogical reasoning should be a concern both to those who address practical problems of uncertainty management and to those who pursue theoretical debates within argumentation studies and epistemology. (shrink)

The world’s scientific community must be in a state of constant readiness to address the threat posed by newly emerging infectious diseases. Whether the disease in question is SARS in humans or BSE in animals, scientists must be able to put into action various disease containment measures when everything from the causative pathogen to route(s) of transmission is essentially uncertain. A robust epistemic framework, which will inform decision-making, is required under such conditions of uncertainty. I will argue that this framework (...) should have reasoning at its center and, specifically, that forms of reasoning beyond deduction and induction should be countenanced by scientists who are confronted with emerging infectious diseases. In previous articles, I have presented a case for treating certain so-called traditional informal fallacies as rationally acceptable forms of argument that can facilitate scientific inquiry when little is known about an emerging disease. In this article, I want to extend that analysis by highlighting the unique features of these arguments that makes them specially adapted to cope with conditions of uncertainty. Of course, such a view of the informal fallacies must at least be consistent with the reasoning practices of scientists, and particularly those scientists (viz. epidemiologists) whose task it is to track and respond to newly emerging infectious diseases. To this end, I draw upon examples of scientific reasoning from the UK’s BSE crisis, a crisis that posed a significant threat to both human and animal health. (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)

The present study explored several dispositional factors associated with individual differences in lay adult’s interpretation of when an arguer is, or is not, committed to a statement. College students were presented with several two-person arguments in which the proponent of a thesis conceded a key point in the last turn. Participants were then asked to indicate the extent to which that concession implied a change in the proponent’s attitude toward any of the previous statements in the argument. Participants designated as (...) ‘liberal’ used the concession to infer substantial change in commitment to earlier statements in the argument. A group designated as ‘conservative’ were reluctant to make any such inferences. A discriminant analysis indicated that variables assessing participants’ attitudes toward argument as well as their cognitive and communication styles jointly predicted their liberal or conservative status. The discriminant function and follow-up group comparisons indicated that liberals were more likely than conservatives to engage in argument. This included a greater tendency to use argument as a source of knowledge. Liberals also employed a more sophisticated message design logic than conservatives on a communication task. The groups did not clearly differ with respect to participants’ implicit theory of argument, though trends were present that merit attention in future research. Implications of these findings for future research on lay interpretations of commitment are discussed. (shrink)

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)

It is a feature of scientific inquiry that it proceeds alongside a multitude of non-scientific interests. This statement is as true of the scientific inquiries of previous centuries, many of which brought scientists into conflict with institutionalised religious thinking, as it is true of the scientific inquiries of today, which are conducted increasingly within commercial and political contexts. However, while the fact of the coexistence of scientific and non-scientific interests has changed little over time, what has changed with time is (...) the effect of this coexistence on scientific inquiry itself. While scientists may no longer construct their theories with various religious dictates in mind, growing commercial and political interests in science have served to distort the interpretation of science. Using the U.K.’s recent crisis with bovine spongiform encephalopathy (BSE) as my context, I examine two ways in which this distortion has occurred – the interpretation of the science of BSE by politicians and by commercial parties for the purposes of justifying policy decisions and informing the public of risk, respectively. Fallacious reasoning, I contend, is the manifestation of this distortion in these contexts. In demonstration of this claim, I examine how politicians and commercial parties alike have employed two fallacies in their assessments of the science of BSE. These fallacies extend in novel ways the set of so-called traditional informal fallacies. The interpretation of science, I conclude, is a rich context in which to conduct a study of fallacious reasoning; moreover, such a study can contribute in significant ways, I argue, to the public understanding of science. (shrink)

It furthers the dialectic when the opponent is clear about what motivates and underlies her critical stance, even if she does not adopt an opposite standpoint, but merely doubts the proponent’s opinion. Thus, there is some kind of burden of criticism. In some situations, there should an obligation for the opponent to offer explanatory counterconsiderations, if requested, whereas in others, there is no real dialectical obligation, but a mere responsibility for the opponent to cooperate by providing her motivations for being (...) critical. In this paper, it will be shown how a set of dialogue rules may encourage an opponent, in this latter type of situation, to provide her counterconsiderations, and to do so at an appropriate level of specificity. Special attention will be paid to the desired level of specificity. For example, the critic may challenge a thesis by saying “Why? Says who?,” without conveying whether she could be convinced by an argument from expert opinion, or from position to know, or from popular opinion. What are fair dialogue rules for dealing with less than fully specific criticism? (shrink)

Parmenides as Secret Hero. Gregor Betz’s Theorie Dialektischer Strukturen (Theory of Dialectical Structures) Content Type Journal Article Pages 1-13 DOI 10.1007/s10503-011-9213-z Authors Frank Zenker, Department of Philosophy and Cognitive Science, Lund University, Kungshuset, Lundagård, 222 22 Lund, Sweden Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

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)