This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (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.

Information technology is so ubiquitous and AI’s progress so inspiring that also legal professionals experience its benefits and have high expectations. At the same time, the powers of AI have been rising so strongly that it is no longer obvious that AI applications (whether in the law or elsewhere) help promoting a good society; in fact they are sometimes harmful. Hence many argue that safeguards are needed for AI to be trustworthy, social, responsible, humane, ethical. In short: AI should be (...) good for us. But how to establish proper safeguards for AI? One strong answer readily available is: consider the problems and solutions studied in AI & Law. AI & Law has worked on the design of social, explainable, responsible AI aligned with human values for decades already, AI & Law addresses the hardest problems across the breadth of AI (in reasoning, knowledge, learning and language), and AI & Law inspires new solutions (argumentation, schemes and norms, rules and cases, interpretation). It is argued that the study of AI as Law supports the development of an AI that is good for us, making AI & Law more relevant than ever. (shrink)

Argument schemes are abstractions substantiating the inferential connection between premise(s) and conclusion in argumentative communication. Identifying such conventional patterns of reasoning is essential to the interpretation and evaluation of argumentation. Whether studying argumentation from a theory-driven or data-driven perspective, insight into the actual use of argumentation in communicative practice is essential. Large and reliably annotated corpora of argumentative discourse to quantitatively provide such insight are few and far between. This is all the more true for argument scheme corpora, which tend (...) to suffer from a combination of limited size, poor validation, and the use of ad hoc restricted typologies. In the current paper, we describe the annotation of schemes on the basis of two distinct classifications: Walton’s taxonomy of argument schemes, and Wagemans’ Periodic Table of Arguments. We describe the annotation procedure for each, and the quantitative characteristics of the resulting annotated text corpora. In doing so, we extend the annotation of the preexisting US2016 corpus of televised election debates, resulting in, to the best of our knowledge, the two largest consistently annotated corpora of schemes in argumentative dialogue publicly available. Based on evaluation in terms of inter-annotator agreement, we propose further improvements to the guidelines for annotating schemes: the argument scheme key, and the Argument Type Identification Procedure. (shrink)

When the phrase “playing God” is used in debates concerning the use of new technologies, such as cloning or genetic engineering, it is usually interpreted as a warning not to interfere with God’s creation or nature. I think that this interpretation of “playing God” arguments as a call to non-interference with nature is too narrow. In this paper, I propose an alternative interpretation of “playing God” arguments. Taking an argumentation theory approach, I provide an argumentation scheme and accompanying critical questions (...) that capture the moral concerns expressed by “playing God” arguments. If I am right, then “playing God” arguments should be understood, not as a warning to leave God’s creation or nature alone, but rather as an invitation to think carefully about all the ways in which the use of new technologies could go seriously wrong. (shrink)

The informal logic movement began as an attempt to develop – and teach – an alternative logic which can account for the real life arguing that surrounds us in our daily lives – in newspapers and the popular media, political and social commentary, advertising, and interpersonal exchange. The movement was rooted in research and discussion in Canada and especially at the University of Windsor, and has become a branch of argumentation theory which intersects with related traditions and approaches (notably formal (...) logic, rhetoric and dialectics in the form of pragma-dialectics). In this volume, some of the best known contributors to the movement discuss their views and the reasoning and argument which is informal logic’s subject matter. Many themes and issues are explored in a way that will fuel the continued evolution of the field. Federico Puppo adds an insightful essay which considers the origins and development of informal logic and whether informal logicians are properly described as a “school” of thought. In considering that proposition, Puppo introduces readers to a diverse range of essays, some of them previously published, others written specifically for this volume. (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

This thesis justifies the need for and develops a new integrated model of practical reasoning and argumentation. After framing the work in terms of what is reasonable rather than what is rational (chapter 1), I apply the model for practical argumentation analysis and evaluation provided by Fairclough and Fairclough (2012) to a paradigm case of unreasonable individual practical argumentation provided by mass murderer Anders Behring Breivik (chapter 2). The application shows that by following the model, Breivik is relatively easily able (...) to conclude that his reasoning to mass murder is reasonable – which is understood to be an unacceptable result. Causes for the model to allow such a conclusion are identified as conceptual confusions ingrained in the model, a tension in how values function within the model, and a lack of creativity from Breivik. Distinguishing between dialectical and dialogical, reasoning and argumentation, for individual and multiple participants, chapter 3 addresses these conceptual confusions and helps lay the foundation for the design of a new integrated model for practical reasoning and argumentation (chapter 4). After laying out the theoretical aspects of the new model, it is then used to re-test Breivik’s reasoning in light of a developed discussion regarding the motivation for the new place and role of moral considerations (chapter 5). The application of the new model shows ways that Breivik could have been able to conclude that his practical argumentation was unreasonable and is thus argued to have improved upon the Fairclough and Fairclough model. It is acknowledged, however, that since the model cannot guarantee a reasonable conclusion, improving the critical creative capacity of the individual using it is also of paramount importance (chapter 6). The thesis concludes by discussing the contemporary importance of improving practical reasoning and by pointing to areas for further research (chapter 7). (shrink)

In a paper and a reply to critics published in _Informal Logic_, I argue that arguments from expert opinion are weak arguments. To appeal to expert opinion is to take an expert’s judgment that _p_ is the case as evidence for _p_. Such appeals to expert opinion are weak, I argue, because the fact that an expert judges that _p_ does not make it significantly more likely that _p_ is true or probable, as evidence from empirical studies on expert performance (...) suggests. Unlike other critics of this argument, who take issue with the empirical evidence on expert performance, David Botting says that he wants to take issue with the premise that reliability is a necessary condition for the strength of appeals to expert opinion. I respond to Botting’s objections and argue that they miss their intended target. I also argue that his attempt to show that arguments from expert opinion are strong is unsuccessful. (shrink)

“Deductivism” is a broad label for various theories that emphasize the importance of deductive argument in contexts of rational discussion. This paper makes a case for a very specific form of deductivism. The paper highlights the dialectical importance of advancing deductively valid arguments in natural-language reasoning. Sections 2 and 3 explain the various forms that deductivism has taken. Section 4 makes a case for a particular form of deductivism. Section 5 discusses the value of deductive argument in law. Section 6 (...) concludes and acknowledges critical questions that need to be addressed more fully in future work. (shrink)

Con el surgimiento de las teorías del razonamiento rebatible ha sido creada una nueva clasificación de argumentos que distingue entre argumentos deductivos y argumentos derrotables. Tal distinción conlleva dos supuestos básicos: los argumentos derrotables son no monotónicos, y los deductivos no son derrotables. En este trabajo se muestran los problemas a los que conducen tales supuestos, como así también los que surgen de la definición usual de “argumento derrotable”. Para ello, se adopta la postura metodológica de distinguir entre el aspecto (...) lógico y el aspecto dialéctico del fenómeno argumentativo. Por último, se propone un criterio alternativo de clasificación de argumentos que evite los mencionados problemas. (shrink)

In this paper a new use case for legal argumentation support tools is considered: supporting discussions about analyses of complex criminal cases with the help of Bayesian probability theory. By way of a case study, two actual discussions between experts in court cases are analysed on their argumentation structure. In this study the usefulness of several recognised argument schemes is confirmed, a new argument scheme for arguments from statistics are proposed, and an analysis is given of debates between experts about (...) the validity of their arguments. From a practical point of view the case study yields insights into the design of support software for discussions about Bayesian analyses of complex criminal cases. (shrink)

This paper advances an approach to relevance grounded on patterns of material inference called argumentation schemes, which can account for the reconstruction and the evaluation of relevance relations. In order to account for relevance in different types of dialogical contexts, pursuing also non-cognitive goals, and measuring the scalar strength of relevance, communicative acts are conceived as dialogue moves, whose coherence with the previous ones or the context is represented as the conclusion of steps of material inferences. Such inferences are described (...) using argumentation schemes and are evaluated by considering 1) their defeasibility, and 2) the acceptability of the implicit premises on which they are based. The assessment of both the relevance of an utterance and the strength thereof depends on the evaluation of three interrelated factors: 1) number of inferential steps required; 2) the types of argumentation schemes involved; and 3) the implicit premises required. (shrink)

The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...) are used to show that an equivalent present decision would also be justified. Both arguments are a type of argument by analogy. They differ in their structures and conditions of cogency, even though they often look the same in presentation. Their similar appearance poses a risk of miss-evaluation and fallacious use. Therefore a clearly theorized distinction is important. (shrink)

Can fictional narration yield knowledge in a way that depends crucially on its being fictional? This is the hard question of literary cognitivism. It is unexceptional that knowledge can be gained from fictional literature in ways that are not dependent on its fictionality (e.g., the science in science fiction). Sometimes fictional narratives are taken to exhibit the structure of suppositional argument, sometimes analogical argument. Of course, neither structure is unique to narratives. The thesis of literary cognitivism would be supported if (...) some novels exhibit a cogent and special argument structure restricted to fictional narratives. I contend that this is the case for a kind of transcendental argument. The reason is the inclusion and pattern of occurrence of the predicate ‘believable’ in the schema. Believability with respect to fictional stories is quite a different thing than it is with respect to nonfictional stories or anything else. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 220 Seiten: 19-40.

Contemporary reasoning about health is infused with the work products of experts, and expert reasoning about health itself is an active site for invention and design. Building on Toulmin’s largely undeveloped ideas on field-dependence, we argue that expert fields can develop new inference rules that, together with the backing they require, become accepted ways of drawing and defending conclusions. The new inference rules themselves function as warrants, and we introduce the term “warranting device” to refer to an assembly of the (...) rule plus whatever material, procedural, and institutional resources are required to assure its dependability. We present a case study on the Cochrane Review, a new method for synthesizing evidence across large numbers of scientific studies. After reviewing the evolution and current structure of the device, we discuss the distinctive kinds of critical questions that may be raised around Cochrane Reviews, both within the expert field and beyond. Although Toulmin’s theory of field-dependence is often criticized for its relativism, we find that, as a matter of practical fact, field-specific warrants do not enjoy immunity from external critique. On the contrary, they can be opened to evaluation and critique from any interested perspective. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

This paper is an introduction to a virtual special issue of AI and Law exploring the legacy of the influential HYPO system of Rissland and Ashley. The papers included are: Arguments and cases: An inevitable intertwining, BankXX: Supporting legal arguments through heuristic retrieval, Modelling reasoning with precedents in a formal dialogue Game, A note on dimensions and factors, An empirical investigation of reasoning with legal cases through theory construction and application, Automatically classifying case texts and predicting outcomes, A factor-based definition (...) of precedential constraint and An improved factor based approach to precedential constraint. After describing HYPO, in this introduction to the special issue I look at various aspects of its influence on AI and Law: the developments led by Rissland at Amherst; the developments led by Ashley in Pittsburgh; the expression of these ideas in terms of rule based systems, and their subsequent formalisation; value based theories, which were inspired by a critique of HYPO; and contemporary approaches which revive the idea of dimensions. (shrink)

Arguments from analogy are pervasive in everyday reasoning, mathematics, philosophy, and science. Informal logic studies everyday argumentation in ordinary language. A branch of fuzzy logic, approximate reasoning, seeks to model facets of everyday reasoning with vague concepts in ill-defined situations. Ways of combining the results from these fields will be suggested by introducing a new argumentation scheme—a fuzzy analogical argument from classification—with the associated critical questions. This will be motivated by a case study of analogical reasoning in the virtual friendship (...) debate within information ethics. The virtual friendship debate is a disagreement over whether virtual friendships are genuine friendships. It will be argued that the debate could move away from its current impasse, caused by unproductive metaphysical and logical assumptions, if extant arguments are reinterpreted as fuzzy analogical arguments from classification, and subjected to a new set of critical questions which would replace the quest for facts of essence about friendship with an emphasis on empirical data, persuasion, and definitional power. (shrink)

This paper focuses on the inferential configuration of arguments, generally referred to as argument scheme. After outlining our approach, denominated Argumentum Model of Topics (AMT, see Rigotti and Greco Morasso 2006, 2009; Rigotti 2006, 2008, 2009), we compare it to other modern and contemporary approaches, to eventually illustrate some advantages offered by it. In spite of the evident connection with the tradition of topics, emerging also from AMT’s denomination, its involvement in the contemporary dialogue on argument schemes should not be (...) overlooked. The model builds in particular on the theoretical and methodological perspective of pragma-dialectics in its extended version, reconciling dialectic and rhetoric; nevertheless, it also takes into account numerous other contributions to the study of argument schemes. Aiming at a representation of argument schemes able to monitor the inferential cohesion and completeness of arguments, AMT focuses on two components of argument scheme that could be distinguished, readapting pragma-dialectical terms, as procedural and material respectively. The procedural component is based on the semantic-ontological structure, which generates the inferential connection from which the logical form of the argument is derived. The material component integrates into the argument scheme the implicit and explicit premises bound to the contextual common ground (Rigotti 2006). In this paper, the comparison of the AMT to other approaches focuses on the inferential configuration of arguments and not on the typologies of argument schemes and on the principles they are based on, which the authors intend to tackle in a further paper. (shrink)

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)

I consider several outstanding questions about analogies. These include the following: issues of interpretation especially with regard to whether an analogy should be considered argumentative, as distinct from serving as an illustration, explanation, or matter of rhetorical interest; whether and how to draw a distinction between inductive analogies and a priori analogies; and whether a priori analogies should be reconstructed as deductively valid arguments. The discussion will explore broader themes such as the distinction between the a priori and the deductive, (...) and whether a priori analogies offer reasons for a choice, as distinct from a basis for inferring an inference. Referring to the recent work of Harald Wolhrapp, I will explore the allegation that a faulty logicism is involved when argument analysis is based on an explicit statement of premises and conclusion. In developing this account, reference will also be made to the work of Douglas Walton, Marcello Guarini, Trudy Govier, and Lilian Bermejo-Luque. (shrink)

I will analyze the role of ostension in argumentation. Ostension involves gestures, bearing, postures, facial expressions, etc.; thus it can be argued that ostension can introduce non-verbal modes of argument, giving rise to multimodal arguments. Acts of ostension can be considered as a kind of speech acts according to the account in Wittgenstein’s Philosophical Investigations §27. As such they can provide the premises of a certain sort of arguments. We have to distinguish the proper act of ostension from both its (...) content and the object of ostension. While the latter can serve as evidence, as support for a linguistic claim without being part of it, as Dove points out, the act of ostension is a genuine act of arguing since to argue is to present something as a reason for something else. Acts of ostension are not assertive but directive acts, and so their content is not a statement but what I call an imperative. Thus I contend that imperatives can act as premises in some kind of arguments. Finally I will discuss whether arguments by ostension may be taken to be a kind of multimodal arguments. (shrink)

Arguments sometimes appeal to sex by invoking the sexuality of a model or a person or the promise of sexual gratification. When sexual gratification is not a relevant consideration, the appeal seems to be fallacious. We will address when this may be an appropriate line of reasoning -- there is such a thing as “sex appeal”--and when it may be biased to assume the relevance of sexuality. Advertising, which provides infinite examples of appeal to sex, may be questionable as a (...) case of argumentation, as opposed to some other sort of negotiation or communication, especially perhaps in its reliance on visual imagery. Yet, more classic textual cases of appeal to sex can be found, as well as what may be reasonable enough practical advice about making oneself sexually attractive. Its appropriate role sometimes as a practical consideration suggests that appeal to sex is analogous to appeal to force, or ad baculum, which can be relevant in a negotiation dialogue, Douglas Walton argues. So, it deserves at least the same attention from argumentation scholars, and perhaps even more from critical thinking educators in cultures more saturated with sexuality than with threats. (shrink)

Accounts of arguments from expert opinion take it for granted that expert judgments count as (defeasible) evidence for propositions, and so an argument that proceeds from premises about what an expert judges to a conclusion that the expert is probably right is a strong argument. In Mizrahi (2013), I consider a potential justification for this assumption, namely, that expert judgments are significantly more likely to be true than novice judgments, and find it wanting because of empirical evidence suggesting that expert (...) judgments under uncertainty are not significantly more likely to be true than novice judgments or even chance. In this paper, I consider another potential justification for this assumption, namely, that expert judgments are not influenced by the cognitive biases novice judgments are influenced by, and find it wanting, too, because of empirical evidence suggesting that experts are vulnerable to pretty much the same cognitive biases that novices are vulnerable to. If this is correct, then the basic assumption at the core of accounts of arguments from expert opinion, namely, that expert judgments count as (defeasible) evidence for propositions, remains unjustified. (shrink)

The existing classifications of arguments are unsatisfying in a number of ways. This paper proposes an alternative in the form of a Periodic Table of Arguments. The newly developed table can be used as a systematic and comprehensive point of reference for the analysis, evaluation and production of argumentative discourse as well as for various kinds of empirical and computational research in the field of argumentation theory.

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

This paper proposes a new theorization of the concept of ‘framing’, in which argumentation has a central role. When decision-making is involved, to ‘frame’ an issue amounts to offering the audience a salient and thus potentially overriding premise in a deliberative process that can ground decision and action. The analysis focuses on the Roşia Montană case, a conflict over policy that led, in September 2013, to the most significant public protests in Romania since the 1989 Revolution.

Wittgenstein did not claim that the ordinary language concept ‘game’ cannot be defined: he claimed that there are multiple definitions that can be adopted for special purposes, but no single definition applicable to all games. I will defend this interpretation of Wittgenstein’s position by showing its compatibility with a pragmatic argumentative view of definitions, and how this view accounts for the diversity of disagreeing game definitions in definitional disputes.

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of the (...) terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

In spite of significant research efforts, argument technologies do not seem poised to scale up as much as most commentators would hope or even predict. In this paper, I discuss what obstacles bar the way to more widespread success of argument technologies and venture some suggestions on how to circumvent such difficulties: doing so will require a significant shift in how this research area is typically understood and practiced. I begin by exploring a much broader yet closely related question: To (...) what extent are people natively good at arguing? This issue has always been central to philosophical reflection and it has become even more urgent nowadays, with the explosion of persuasive technologies and unprecedented opportunities for large-scale social influence. The answer hinges on what aspect of argumentation is taken under consideration: evidence suggests that people are relatively bad at analyzing the structure of arguments, especially when these are presented out of context and in abstract terms; in contrast, data show that even laymen tend to excel in the interactive practice of argumentation, in particular when motivation is high and something significant is at stake. Unfortunately, current argument technologies are more closely tailored to the former type of activity than to the latter, which is the main reason behind their relative lack of success with the general public. Changing this state of affair will require a commitment to ecological argument technologies: that is, technologies designed to support real-time, engaging and meaningful argumentative interactions performed by laypeople in their ordinary life, instead of catering to the highly specific needs of a minority of niche users. (shrink)

In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...) full understanding of causal argumentation. (shrink)

Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. In the past decades, the important role of causal knowledge has been discovered in many areas of cognitive (...) psychology. Despite the ubiquity of causal reasoning, textbooks of cognitive psychology have neglected this growing field. The goal of The Oxford Handbook of Causal Reasoning is to fill this gap. The handbook brings together the leading researchers in the field of causal reasoning and offers state-of-the-art presentations of theories and research. It provides introductions of competing theories of causal reasoning, and discusses its role in various cognitive functions and domains. The final section presents research from neighboring fields. 1. Causal Reasoning: An Introduction Michael R. Waldmann Part I: Theories of Causal Cognition 2. Associative Accounts of Causal Cognition Mike E. Le Pelley, Oren Griffiths, and Tom Beesley 3. Rules of Causal Judgment: Mapping Statistical Information Onto Causal Beliefs José C. Perales, Andrés Catena, Antonio Cándido, and Antonio Maldonado 4. The Inferential Reasoning Theory of Causal Learning: Toward a Multi- Process Propositional Account Yannick Boddez, Jan De Houwer, and Tom Beckers 5. Causal Invariance as an Essential Constraint for Creating a Causal Representation of the World: Generalizing the Invariance of Causal Power Patricia W. Cheng and Hongjing Lu 6. The Acquisition and Use of Causal Structure Knowledge Benjamin Margolin Rottman 7. Formalizing Prior Knowledge in Causal Induction Thomas L. Griffiths 8. Causal Mechanisms Samuel G. B. Johnson and Woo-kyoung Ahn 9. Force Dynamics and Causation Phillip Wolff and Robert Thorstad 10. Mental Models and Causation P. N. Johnson- Laird and Sangeet S. Khemlani 11. Pseudocontingencies Klaus Fiedler and Florian Kutzner 12. Singular Causation David Danks 13. Cognitive Neuroscience of Causal Reasoning Joachim T. Operskalski and Aron K. Barbey Part II: Basic Cognitive Functions 14. Visual Impressions of Causality Peter White 15. Goal-Directed Actions Bernhard Hommel 16. Planning and Control Magda Osman 17. Reinforcement Learning and Causal Models Samuel J. Gershman 18. Causation and the Probability of Causal Conditionals David E. Over 19. Causal Models and Conditional Reasoning Mike Oaksford and Nick Chater 20. Concepts as Causal Models: Categorization Bob Rehder 21. Concepts as Causal Models: Induction Bob Rehder 22. Causal Explanation Tania Lombrozo and Nadya Vasilyeva 23. Diagnostic Reasoning Björn Meder and Ralf Mayrhofer 24. Inferring Causal Relations by Analogy Keith J. Holyoak and Hee-Seung Lee 25. Causal Argument Ulrike Hahn, Roland Bluhm, and Frank Zenker 26. Causality in Decision- Making York Hagmayer and Philip M. Fernbach Part III: Domains of Causal Reasoning 27. Intuitive Theories Tobias Gerstenberg and Joshua B. Tenenbaum 28. Space, Time, and Causality Marc J. Buehner 29. Causation in Legal and Moral Reasoning David A. Lagnado and Tobias Gerstenberg 30. The Role of Causal Knowledge in Reasoning About Mental Disorders Woo-kyoung Ahn, Nancy S. Kim, and Matthew S. Lebowitz 31. Causality and Causal Reasoning in Natural Language Torgrim Solstad and Oliver Bott 32. Social Attribution and Explanation Denis Hilton Part IV: Development, Phylogeny, and Culture 33. The Development of Causal Reasoning Paul Muentener and Elizabeth Bonawitz 34. Causal Reasoning in Non-Human Animals Christian Schloegl and Julia Fischer 35. Causal Cognition and Culture Andrea Bender, Sieghard Beller, and Douglas L. Medin. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

‘AI & Law’ research has been around since the 1970s, even though with shifting emphasis. This is an overview of the contributions of digital technologies, both artificial intelligence and non-AI smart tools, to both the legal professions and the police. For example, we briefly consider text mining and case-automated summarization, tools supporting argumentation, tools concerning sentencing based on the technique of case-based reasoning, the role of abductive reasoning, research into applying AI to legal evidence, tools for fighting crime and tools (...) for identification. (shrink)

In this paper, it is argued that the most fruitful approach to developing normative models of argument quality is one that combines the argumentation scheme approach with Bayesian argumentation. Three sample argumentation schemes from the literature are discussed: the argument from sign, the argument from expert opinion, and the appeal to popular opinion. Limitations of the scheme-based treatment of these argument forms are identified and it is shown how a Bayesian perspective may help to overcome these. At the same time, (...) the contributions of the standard scheme-based approach are highlighted, and it is argued that only a combination of the insights of different traditions will yield a complete normative theory of argument quality. (shrink)

The paper develops a classificatory system of basic argument types on the basis of the epis-temological approach to argumentation. This approach has provided strict rules for several kinds of argu-ments. These kinds may be brought into a system of basic irreducible types, which rely on different parts of epistemology: deductive logic, probability theory, utility theory. The system reduces a huge mass of differ-ent argument schemes to basic types and gives them an epistemological foundation.

College writing classes are the ideal site for teaching argument. Writing students develop arguments with a frequency and insistence not present in other disciplines. Typically, however, when their curricula include reasoning instruction, composition courses over-emphasize deductive syllogisms and en-thymemes. Inductive logic, the recognition of a pattern within a data set or an ampliative inference, is more useful in composition, and an effective composition curriculum makes ample room for the study and prac-tice of inductive arguments.

Design deliberation refers to the process of thoughtfully weighing options, before making a design decision. This process is strongly related to argumentation, not only because of the well-known relation between argumentation and deliberation, but also due to characteristics of the design process. However, no structural model of team design deliberation exists to guide designers’ practice. This paper checks the hypothesis of inter-dependence between argument structures and group decision-making struc-ture as expressed through prescribed deliberation stages.

37 arguments were selected by random sampling methods from calls to radio and television phone-in programs. I discuss whether my general theory of inference evaluation applies to them and how frequently they exemplify a recognized argument scheme. I also compare their dependence on context, their complexity and their quality to those features of a previously studied sample of 50 scholarly arguments.

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

This inaugural handbook documents the distinctive research field that utilizes history and philosophy in investigation of theoretical, curricular and pedagogical issues in the teaching of science and mathematics. It is contributed to by 130 researchers from 30 countries; it provides a logically structured, fully referenced guide to the ways in which science and mathematics education is, informed by the history and philosophy of these disciplines, as well as by the philosophy of education more generally. The first handbook to cover the (...) field, it lays down a much-needed marker of progress to date and provides a platform for informed and coherent future analysis and research of the subject. -/- The publication comes at a time of heightened worldwide concern over the standard of science and mathematics education, attended by fierce debate over how best to reform curricula and enliven student engagement in the subjects There is a growing recognition among educators and policy makers that the learning of science must dovetail with learning about science; this handbook is uniquely positioned as a locus for the discussion. -/- The handbook features sections on pedagogical, theoretical, national, and biographical research, setting the literature of each tradition in its historical context. Each chapter engages in an assessment of the strengths and weakness of the research addressed, and suggests potentially fruitful avenues of future research. A key element of the handbook’s broader analytical framework is its identification and examination of unnoticed philosophical assumptions in science and mathematics research. It reminds readers at a crucial juncture that there has been a long and rich tradition of historical and philosophical engagements with science and mathematics teaching, and that lessons can be learnt from these engagements for the resolution of current theoretical, curricular and pedagogical questions that face teachers and administrators. (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)