We propose a revised definition of “argument scheme” that focuses on describing argumentative performances and normative assessments that occur within an argumentative context, the social context in which the scheme arises. Our premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and our critical framework describes a set of normative assessments available to participants in the context, what we call _practically normative_ assessments. We distinguish this practical normativity from the _rationally or universally normative_ assessment that might (...) be imposed from outside the argumentative context. Thus, the practical norms represented in an argument scheme may still be subject to rational critique, and the scheme avoids the is/ought fallacy. We ground our theoretical discussion and observations in an empirical study of US district court opinions resolving legal questions about copyright fair use and the lawyers’ briefs that led to them, instantiating our definition of argument scheme in the “argument for classification by precedent.” Our definition addresses some criticisms the argument-scheme construct has received. For example, using our data, we show that a minimally well formed instance of this type of argument does not shift any conventional burden from the proponent of the argument to its skeptics. We also argue that these argument schemes need not be seen as dialogical. (shrink)

Authority arguments generate support for claims by appealing to an agent’s authority status, rather than to reasons independent of it. With few exceptions, the current literature on argument schemes acknowledges two basic authority types. The _epistemic_ type grounds in knowledge, the_ deontic_ type grounds in power. We review how historically earlier scholarship acknowledged an_ attractiveness-based_ and a _majority-based_ authority type as equally basic type. Crossing these with basic speech act types thus yields authority argument sub-schemes. Focusing on the_ epistemic-assertive_ sub-scheme (...) (‘an epistemic authority _A_ _E_ asserts a proposition _P_’), we apply a meta-level approach to specifying critical questions. Results improve the evaluation of this sub-scheme and show how similar improvements are obtainable for other schemes. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

This paper offers insights into the nature and design of critical questions as they are found in argumentation schemes. In the first part of the paper, I address some general concerns regarding their purpose and formulation. These include a discussion of their evaluative function, their relationship with the patterns of reasoning they accompany, as well as the differing formulations of critical questions currently on offer. I argue that the purpose of critical questions for humans ought to be to provide the (...) means for a scalar evaluation of the reasoning at hand. To do so, critical questions should be closely paired with individual premises in the accompanying pattern of reasoning and be open-ended. Doing so allows the roles of raising considerations relevant for the reasoning and scrutinizing those considerations to be clearly distinguished. In the second part of the paper, I offer a positive methodological proposal for the construction of questions and premises that aims at overcoming a number of the individual and systematic shortcomings of extant question styles. The paper concludes by arguing that the newly proposed approach is both normatively strong and practically useful for argumentation in context. (shrink)