This article examines the development of Russell's treatment of propositions, in relation to the topic of psychologism. In the first section, we outline the concept of psychologism, and show how it can arise in relation to theories of the nature of propositions. Following this, we note the anti-psychologistic elements of Russell's thought dating back to his idealist roots. From there, we sketch the development of Russell's theory of the proposition through a number of its key transitions. We show that Russell, (...) in responding to a variety of different problems relating to the proposition, chose to resolve these problems in ways that continually made concessions to psychologism. (shrink)

Judgment is central to engineering, medicine, the sciences and many other practical activities. For example, one who otherwise knows what engineers know but lacks engineering judgment may be an expert of sorts, a handy resource much like a reference book or database, but cannot be a competent engineer. Though often overlooked or at least passed over in silence, the central place of judgment in engineering, the sciences, and the like should be obvious once pointed out. It is important here because (...) it helps to explain where ethics fits into these disciplines. There is no good engineering, no good science, and so on without good judgment and no good judgment in these disciplines without ethics. Doing even a minimally decent job of teaching one of these disciplines necessarily includes teaching its ethics; teaching the ethics is teaching the discipline (or at least a large part of it). (shrink)

In this paper, it is argued that the classical rhetorical framework undergoes a transformation because of an important change in Western thought. Following this hypothesis, I analyze a rhetorical notion of “dissuasion” as a rhetorical technique of creating a “general disposition to inaction” in addition to a classical rhetorical notion of “dissuasion” that aims at “refraining from an action”.

An argument that makes use of a generalization activates the prototype for the category used in the generalization. We conducted two experiments that investigated how the activation of the prototype affects the persuasiveness of the argument. The results of the experiments suggest that the features of the prototype overshadow and partly overwrite the actual facts of the case. The case is, to some extent, judged as if it had the features of the prototype instead of the features it actually has. (...) This prototype effect increases the persuasiveness of the argument in situations where the audience finds the judgment more warranted for the prototype than for the actual case, but decreases persuasiveness in situations where the audience finds the judgment less warranted for the prototype than for the actual case. (shrink)

A feature of induction is the idea that our reasoning about the unknown should take into consideration the known. In this paper a modified version of this truistic principle is supported. It is argued that whether or not the unknown is like the known depends on the nature of the case in question. Discussion of infinite series, Evidence sentences, Total evidence, The raven paradox, Counter-Induction and suspension of knowledge illustrate this thesis.

We present two prudent semantics within Dung's theory of argumentation. They are based on two new notions of extension, referred to as p-extension and c-extension. Two arguments cannot belong to the same p-extension whenever one of them attacks indirectly the other one. Two arguments cannot belong to the same c-extension whenever one of them indirectly attacks a third argument while the other one indirectly defends the third. We argue that our semantics lead to a better handling of controversial arguments than (...) Dung's ones. We compare the prudent inference relations induced by our semantics w.r.t. cautiousness; we also compare them with the inference relations induced by Dung's semantics. (shrink)

Norms—that is, specifications of what we ought to do—play a critical role in the study of informal argumentation, as they do in studies of judgment, decision-making and reasoning more generally. Specifically, they guide a recurring theme: are people rational? Though rules and standards have been central to the study of reasoning, and behavior more generally, there has been little discussion within psychology about why (or indeed if) they should be considered normative despite the considerable philosophical literature that bears on this (...) topic. In the current paper, we ask what makes something a norm, with consideration both of norms in general and a specific example: norms for informal argumentation. We conclude that it is both possible and desirable to invoke norms for rational argument, and that a Bayesian approach provides solid normative principles with which to do so. (shrink)

In contemporary educational contexts there is considerable variation in how argumentation works and what forms and styles it takes. Influencing factors include the educational purpose and task, the level of education, and the discipline or curriculum subject in which it occurs. This paper offers a theoretical framework and a set of multimodal analytical tools which can provide a rich and systematic account of such variation. Using naturalistic data from three different educational sites I illustrate how such a framework reveals the (...) diverse ways in which students use language and other modes of meaning making as they engage in processes of argumentation. In particular, I consider how new technologies have caused shifts in the distribution of meaning across different semiotic modes (such as visual images, space, colour and graphics) and how this impacts upon both argumentation process and product. The educational implications of such changes are also considered. (shrink)

In this essay we contend that traditional theories of argument are consonant with and enrich the project of postmodernity. Reading postmodernity as ‘a rhetoric’ underscores how the process of discursively resolving conflicts is occasionally threatened by politically motivated efforts to misuse the methods of argument; it alerts us to the egregious acts that are and can be performed ‘in the name of,’ but not because of, rationality. Postmodernity is thus an attempt by a new generation of theorists to recast and (...) draw attention to perennial philosophical problems in the context of contemporary political difficulties. (shrink)

In argumentation studies, almost all theoretical proposals are applied, in general, to the analysis and evaluation of argumentative products, but little attention has been paid to the creative process of arguing. Mathematics can be used as a clear example to illustrate some significant theoretical differences between mathematical practice and the products of it, to differentiate the distinct components of the arguments, and to emphasize the need to address the different types of argumentative discourse and argumentative situation in the practice. I (...) consider some issues of recent papers associated with mathematical argumentation in an attempt to contribute to the discussion about the role of arguing in mathematical practice and in the evaluation of the products of this practice. I apply this discussion to learning environments to defend the thesis that argumentative practice should be encouraged when teaching technical subjects to convey a better understanding and to improve thought and creativity. (shrink)

This paper analyses the way in which discourse and argumentation may vary depending on participants’ educational level and gender. Men and women from three different educational levels (literacy, advanced level and university students) participated in discussion groups that debated about women and work, the sharing of housework and the way in which girls and boys are educated. The results showed important differences depending on participants’ educational level and gender. In general, the main differences were related to educational level, while gender (...) tended to interact with educational level, as a moderating factor. (shrink)

It is standardly believed that the only way to justify an assertion in the face of a challenge is by making another assertion. Call this claim ASSERTIONS ONLY. Besides its intrinsic interest, ASSERTIONS ONLY is relevant to deciding between competing views of the norms that govern reasoned discourse. ASSERTIONS ONLY is also a crucial part of the motivation for infinitism and Pyrrhonian skepticism. I suggest that ASSERTIONS ONLY is false: I can justify an assertion by drawing attention to something that (...) clearly makes the assertion true, or likely true. (shrink)

The emerging epistemic community of ecosemioticians and the multidisciplinary field of inquiry known as ecosemiotics offer a radical and relevant approach to so-called global environmental crisis. There are no environmental fixes within the dominant code, since that code overdetermines the future, thereby perpetuating ecologically untenable cultural forms. The possibility of a sustainability transition (the attempt to overcome destitution and avoid ecocatastrophe) becomes real when mediated by and through ecosemiotics. In short, reflexive awareness of humankind's linguisticality is a necessary condition for (...) transforming ecologically maladaptive cultural forms. As a multidisciplinary, interdisciplinary research program integrating the human and natural sciences, ecosemiotic inquiry closes the gap between biophysical ecology and human ecology. A provisional outline of a pragmatic theory of ecoserniotics attempts to describe the processes by which adaptive cultural changes might be facilitated and points toward substantive content areas that constitute sites for further research. Ecosemiotic inquiry frames cultural codes as these shape and reproduce the ongoing stream of individual and societal choices that shape distinctively human existence in a larger context of biophysical realities that drive natural selection. However, while ecosemiotics is a necessary condition for the sustainability transition, it is not a sufficient condition. (shrink)

A substantial body of evidence shows that people tend to rely too heavily on explanations when trying to justify an opinion. Some research suggests these errors may arise from an inability to distinguish between explanations and the evidence that bears upon them. We examine an alternative account, that many people do distinguish between explanations and evidence, but rely more heavily on unsubstantiated explanations when evidence is scarce or absent. We examine the philosophical and psychological distinctions between explanation and evidence, and (...) show that participants use explanations as a substitute for missing evidence. Experiment 1 replicates the results of other researchers, but further shows that participants generate more evidence when they are not constrained by their lack of data. Merely mentioning a source of data can alter both their evaluation (Experiment 2) and their production (Experiment 3) of explanations and evidence. In Experiment 4, we show that participants can explicitly consider the availability of evidence and other pragmatic factors when evaluating arguments. Finally, we consider the implications of using explanations to replace missing evidence as a strategy in argument. (shrink)

This paper proposes a model ofratio decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts. This model satisfies an important set of characteristics ofratio decidendi identified from the jurisprudential literature. In particular, the model shows how the theory under which a case is decided controls its precedential effect. By contrast, a purely exemplar-based model ofratio decidendi fails to (...) account for the dependency of precedential effect on the theory of decision. (shrink)

In this paper I will defend the controversial thesis that all argumentation in natural language can be reconstructed, for the purposes of assessment, as a deductively valid argument. Evaluation of the argumentation amounts to evaluation of the logical coherence of the premises. I will be taking the pragma-linguistic theory of Bermejo-Luque as an initial starting point.

Argumentation logicians have recognized a specter of relativism to haunt their philosophy of argument. However, their attempts to dispel pernicious relativism by invoking notions of a universal audience or a community of model interlocutors have not been entirely successful. In fact, their various discussions of a universal audience invoke the context-eschewing formalism of Kant’s categorical imperative. Moreover, they embrace the Kantian method for resolving the antinomies that continually vacillates between opposing extremes – here between a transcendent universal audience and a (...) context-embedded particular audience. This tack ironically restores the very external mediation they thought to obviate in their aim to ‘dethrone’ the absolutism and totalitarianism of formal logic with a democratic turn to audience adherence, the acceptability of premises and inferential links, and a contextual, or participant-relative, notion of cogency. (shrink)

Premissary relevance is a property of arguments understood as speech act complexes. It is explicable in terms of the idea of a premise's lending support to a conclusion. Premissary relevance is a function of premises belonging to a set which authoritatively warrants an inference to a conclusion. An authoritative inference warrant will have associated with it a conditional proposition which is true— that is to say, which can be justified. The study of the Aristotelian doctrine of topoi or argument schemes (...) may contribute to the task of identifying authoritative warrants. (shrink)

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (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)

(1995). Theoretical issues surrounding interdisciplinary interpenetration. Social Epistemology: Vol. 9, Boundary Rhetorics and the Work of Interdisciplinarity, pp. 175-187.

I distinguish four current strategies for integrating a rhetorical perspective within normative models for argumentation. Then I propose and argue for a fifth one by defending a conception of acts of arguing as having a rhetorical dimension that provides conditions for characterizing good argumentation, understood as argumentation that justifies a target-claim.

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialec-tical notion of rationality this alternative account espouses an ambitious (...) approach to rea-soning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their recip-rocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...) approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

The relation between logic and philosophy of science, often taken for granted, is in fact problematic. Although current fashionable criticisms of the usefulness of logic are usually mistaken, there are indeed difficulties which should be taken seriously — having to do, amongst other things, with different scientific mentalities in the two disciplines (section 1). Nevertheless, logic is, or should be, a vital part of the theory of science. To make this clear, the bulk of this paper is devoted to the (...) key notion of a scientific theory in a logical perspective. First, various formal explications of this notion are reviewed (section 2), then their further logical theory is discussed (section 3). In the absence of grand inspiring programs like those of Klein in mathematics or Hilbert in metamathematics, this preparatory ground-work is the best one can do here. The paper ends on a philosophical note, discussing applicability and merits of the formal approach to the study of science (section 4). (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)

Negotiation Support Systems have traditionally modelled the process of negotiation. They often rely on mathematical optimisation techniques and ignore heuristics and other methods derived from practice. Our goal is to develop systems capable of decision support to help resolve a given dispute. A system we have constructed, Family_Winner, uses empirical evidence to dynamically modify initial preferences throughout the negotiation process. It sequentially allocates issues using trade-offs and compensation opportunities inherent in the dispute.

Abstract In this essay, I will argue that images can play a substantial role in argumentation: exploiting information from the context, they can contribute directly and substantially to the communication of the propositions that play the roles of premises and conclusion. Furthermore, they can achieve this directly, i.e. without the need of verbalization. I will ground this claim by presenting and analyzing some arguments where images are essential to the argumentation process. Content Type Journal Article Pages 1-14 DOI 10.1007/s10503-011-9259-y Authors (...) Axel Arturo Barceló Aspeitia, Instituto de Investigaciones Filosóficas, Universidad Nacional Autónoma de México, Cto. Mario de la Cueva s/n, Cd. Universitaria, Coyoacán, 04500 DF, Mexico Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)

Leader-managers face a myriad of competing values when they engage in ethical decision-making. Few studies help us understand why certain reasons for action are justified, taking precedence over others when people choose to respond to an ethical dilemma. To help address this matter we began with a qualitative approach to disclose leader-managers' moral motives when they decide to address a work-related ethical dilemma. One hundred and nine military officers were asked to provide their reasons for taking action, justifications of their (...) reasons, and to explain these justifications. We used network analysis techniques to identify a hierarchical motive structure. The motive structure is a cognitive map that identifies ethical motives and perceptions of how these ethical motives relate to each other. The motives identified represent classic conceptualizations of moral behavior; namely, virtue theories, consequentialism, and deontological theories, along with another category that expressed the emotional significance of the moral judgment, which we refer to as emotional empiricism. (shrink)

In this paper we apply a general account of practical reasoning to arguing about legal cases. In particular, we provide a reconstruction of the reasoning of the majority and dissenting opinions for a particular well-known case from property law. This is done through the use of Belief-Desire-Intention (BDI) agents to replicate the contrasting views involved in the actual decision. This reconstruction suggests that the reasoning involved can be separated into three distinct levels: factual and normative levels and a level connecting (...) the two, with conclusions at one level forming premises at the next. We begin by summarising our general approach, which uses instantiations of an argumentation scheme to provide presumptive justifications for actions, and critical questions to identify arguments which attack these justifications. These arguments and attacks are organised into argumentation frameworks to identify the status of individual arguments. We then discuss the levels of reasoning that occur in this reconstruction and the properties and significance of each of these levels. We illustrate the different levels with short examples and also include a discussion of the role of precedents within these levels of reasoning. (shrink)

The research described here explores the idea of using Supreme Court oral arguments as pedagogical examples in first year classes to help students learn the role of hypothetical reasoning in law. The article presents examples of patterns of reasoning with hypotheticals in appellate legal argument and in the legal classroom and a process model of hypothetical reasoning that relates them to work in cognitive science and Artificial Intelligence. The process model describes the relationships between an advocate’s proposed test for deciding (...) a case or issue, the facts of the hypothetical and of the case to be decided, and the often conflicting legal principles and policies underlying the issue. The process model of hypothetical reasoning has been partially implemented in a computerized teaching environment, LARGO (“Legal ARgument Graph Observer”) that helps students identify, analyze, and reflect on episodes of hypothetical reasoning in oral argument transcripts. Using LARGO, students reconstruct examples of hypothetical reasoning in the oral arguments by representing them in simple diagrams that focus students on the proposed test, the hypothetical challenge to the test, and the responses to the challenge. The program analyzes the diagrams and provides feedback to help students complete the diagrams and reflect on the significance of the hypothetical reasoning in the argument. The article reports the results of experiments evaluating instruction of first year law students at the University of Pittsburgh using the LARGO program as applied to Supreme Court personal jurisdiction cases. The learning results so far have been mixed. Instruction with LARGO has been shown to help law student volunteers with lower LSAT scores learn skills and knowledge regarding hypothetical reasoning better than a text-based approach, but not when the students were required to participate. On the other hand, the diagrams students produce with LARGO have been shown to have some diagnostic value, distinguishing among law students on the basis of LSAT scores, posttest performance, and years in law school. This lends support to the underlying model of hypothetical argument and suggests using LARGO as a pedagogically diagnostic tool. (shrink)

The development of a framework for coding argumentations schemes in the transcripts of classroom dialogical deliberations on controversial, socioscientific topics is described. Arriving at a coding framework involved resolving a number of complex issues and challenges that are discussed in order to create practical remedies. The description of the development process is based on audio recordings and written exchanges between the authors as they attempted to resolve differences in the interpretation and application of argumentation schemes . These deliberations address theoretical (...) and practical concerns for adapting notions of argumentation schemes to the practical context of analyzing authentic classroom interactions. The framework was developed to accommodate research and curriculum development in school science education. A practical framework for analyzing argumentation in authentic classroom contexts is proposed and implications for science education and argumentation theory are raised. (shrink)

The use of systematic reviews in educational research is a growing phenomenon in the UK, but is highly controversial. This article argues that such reviews have a useful place in a research cycle that wishes to inform and be informed by practice and policy. It proposes and discusses a model of educational research, showing how reviews relate to small or large-scale primary studies.

Introduction: Special Issue on Argumentation in Education in Scandinavia and England Content Type Journal Article Pages 433-436 DOI 10.1007/s10503-009-9168-5 Authors Richard Andrews, University of London Department of Learning, Curriculum and Communication, Faculty of Culture and Pedagogy, Institute of Education 20 Bedford Way London WC1H 0AL UK Frøydis Hertzberg, University of Oslo Department of Teacher Education and School Development Oslo Norway Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X Journal Volume Volume 23 Journal Issue Volume 23, Number 4.

This article examines two essays by undergraduate students in the first year of study in History at a university in the UK. It also draws on documentary evidence from the department in question and interviews with the students themselves to paint a picture of the way argumentation operates at this level. While no firm conclusions can be drawn, the evidence suggests a department with a high degree of awareness of the importance of argument and argumentation in studying History; and students (...) who are aware and articulate about the problem facing them in constructing essays in the discipline. Suggestions are made about induction into the epistemological and argumentative demands of undergraduate study. (shrink)

Stephen Toulmin once observed that ”it has never been customary for philosophers to pay much attention to the rhetoric of mathematical debate’ [Toulmin et al., 1979, An Introduction to Reasoning, Macmillan, London, p. 89]. Might the application of Toulmin’s layout of arguments to mathematics remedy this oversight? Toulmin’s critics fault the layout as requiring so much abstraction as to permit incompatible reconstructions. Mathematical proofs may indeed be represented by fundamentally distinct layouts. However, cases of genuine conflict characteristically reflect an underlying (...) disagreement about the nature of the proof in question. (shrink)