The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

Even though tools for identifying and analyzing arguments are now in wide use in the field of argumentation studies, so far there is a paucity of resources for evaluating real arguments, aside from using deductive logic or Bayesian rules that apply to inductive arguments. In this paper it is shown that recent developments in artificial intelligence in the area of computational systems for modeling defeasible argumentation reveal a different approach that is currently making interesting progress. It is shown how these (...) systems provide the general outlines for a system of argument evaluation that can be applied to legal arguments as well as everyday conversational arguments to assist a user to evaluate an argument. (shrink)

In the domain of medical science, factual evidence is usually considered as the criterion on which to base decisions and construct hypotheses. Evidence-based medicine is the translation of this approach into the field of patient care, and it means providing only the type of care that is based on evidence that proves its effectiveness and appropriateness. However, while the literature has focused on the types and force of evidence used to establish the recommendation and treatment guidelines, the problem of how (...) evidence is used in doctor–patient interactions to motivate, or refuse, treatment or habit change has been almost completely neglected. In this specific context, characterized by the epistemic unbalance between the interlocutors and a specific conversational goal, the scientific categories of evidence are often irrelevant. The goal of this paper is to address this challenge by analyzing the role evidence plays in doctor–patient interactions in diabetes care. After introducing an analytical distinction between the epistemic and the pragmatic aspect of evidence, we will propose a classification of the types and functions of evidence in chronic care communication, and illustrate its possible uses through its application to our corpus of diabetes-care consultations. From our qualitative analyses, it is possible to observe how in this communicative context a crucial role is played by the conflicts of evidence, in which providers correct patients’ uses of evidence leading them to using less defeasible levels of evidence. (shrink)

This study critically reviews four decades of academic research on the Shroud of Turin, a highly debated archaeological artifact. Employing advanced epistemological methods such as argument mapping and Bayesian analysis, the study systematically evaluates the two leading hypotheses: the medieval creation of the Shroud and its authenticity as the burial cloth of Jesus of Nazareth. This examination suggests a warrant for the proponents’ belief in the authenticity hypothesis. It highlights the vitality and complexity of the controversy surrounding the dating and (...) image formation process of the Shroud of Turin. (shrink)

According to informal logic, the possibilities of deductive logic as a tool for analysing and evaluating ordinary arguments are very limited. While I agree with this claim in general, I question it in the case of the argument from cause to effect. In this paper I first show, on the basis of carefully chosen examples, that we usually react differently to falsification of the conclusion of the argument from cause to effect than we do to the falsification of the conclusion (...) of other defeasible arguments. I then identify general conditions and assumptions under which the causal argument from cause to effect can be reconstructed as deductive. Finally, I compare the causal argument with the expert argument, which is a typical example of a defeasible argument in the narrower sense. (shrink)

The present study has two goals: to explore elementary students’ understanding of evidence and the ways they deploy it to construct arguments, and to examine whether eliciting their concept of evidence during argumentation improves students’ evidence-based reasoning. Individual semi-structured interviews were conducted with 4th and 6th graders in a public school in Mexico. We found significant differences between groups regarding the concept of evidence, with better performance in the older group. A positive correlation between the concept of evidence and the (...) quality of evidence-based reasoning was found. Also, three performance profiles were observed after eliciting the concept of evidence when grade was excluded as a factor. Results suggest that the concept of evidence plays an essential role in developing argumentative competence in pre-adolescence. (shrink)

[1st paragraph] A philosophical discussion on evidence-based medicine (EBM) can be probably perceived almost as an oxymoron. How can “the process of systematically finding, appraising, and using contemporaneous research findings as the basis for clinical decisions” (Jenicek 2012: 23) be compatible with the critical and systematic examination of fundamental problems such as the nature of being, reality, thinking, values and perception? How can a scientific field focused mainly on the search and evaluation of evidence and aimed at solid quantifications of (...) hypotheses (Jenicek 2003: 70) be approachable from a perspective that is characterized by probable or defeasible arguments? The challenge of this special issue is to show how a philosophical perspective on evidence is not opposed to, but rather at the grounds of evidence-based medicine. (shrink)