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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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, (...) |
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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 (...) |
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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 (...) |
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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. (...) |
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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, (...) |
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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 (...) |
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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 (...) |
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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. |
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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 (...) |
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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 (...) |
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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 (...) |
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Different approaches analyze the strength of a natural language argument in different ways. This paper contrasts the dialectical, structural, probabilistic (or Bayesian), computational, and empirical approaches by exemplarily applying them to a single argumentative text (Epicureans on Squandering Life; Aikin & Talisse, 2019). Rather than pitching these approaches against one another, our main goal is to show the room for fruitful interaction. Our focus is on a dialectical analysis of the squandering argument as an argumentative response that voids an interlocutor’s (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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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 (...) |
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