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)

Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed at (...) explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

This paper outlines an integrated approach to trust and relevance with respect to arguments: in particular, it is suggested that trust in relevance has a central role in argumentation. We first distinguish two types of argumentative relevance: internal relevance, i.e. the extent to which a premise has a bearing on its purported conclusion, and external relevance, i.e. a measure of how much a whole argument is pertinent to the matter under discussion, in the broader dialogical context where it is proposed. (...) Then, we argue that judgements of internal relevance heavily rely on trust, and that such trust, although occasionally misplaced , is nonetheless based on several reasons, and thus often justified, by either epistemic or pragmatic considerations. We conclude by sketching potential methods to formally model trust in argumentative relevance, and briefly discussing the technological implications of this line of research. (shrink)

In this paper, we present a survey of the development of the technique of argument diagramming covering not only the fields in which it originated - informal logic, argumentation theory, evidence law and legal reasoning – but also more recent work in applying and developing it in computer science and artificial intelligence. Beginning with a simple example of an everyday argument, we present an analysis of it visualised as an argument diagram constructed using a software tool. In the context of (...) a brief history of the development of diagramming, it is then shown how argument diagrams have been used to analyze and work with argumentation in law, philosophy and artificial intelligence. (shrink)

This paper argues for a reinterpretation of Aristotle's concept of an enthymeme and also his wider informal logic in terms of arguments that are defeasible. They are represented by forms of argument that are called argumentation schemes, considered to be similar to forms of argument found in deductive logic, but different from the foregoing in virtue of their being defeasible. Indeed, the most interesting schemes have been put forward as a helpful way of characterizing structures of human reasoning that have (...) proved troublesome to model deductively. The paper sheds new light on Aristotle's topics and how to dene `enthymeme'. If the traditional denition of an enthymeme in logic accepted for over two thousand years is a misnomer, the question is raised whether we ought to redene it as a defeasible argumentations scheme or leave things as they are. (shrink)

The aim of this paper is to provide a model that allows the representation and analysis of circularity in ethotic structures, i.e. in communication structures related to the speaker’s character and in particular, his credibility. The paper studies three types of cycles: in self-referential sentences, embedded testimony and ethotic begging the question. It is shown that standard models allow the reconstruction of the circularities only if those circular utterances are interpreted as ethotic arguments. Their alternative, assertive interpretation requires enriching the (...) existing models with a purely ethotic component related to the credibility of the performer of any (not necessarily argumentative) speech act. (shrink)

Despite Vancil’s (1979) proclamation over twenty years ago that topoi have been abandoned in argument theory, this essay contends that topoi should have a vital role in contemporary argumentation theory. Four key areas are identified where topoi are (or can be) essential tools for argumentation: Locating argument, building argument, development of critical thinking, and argument pedagogy. As a result, teachers and students of argument can both benefit from a (re)discovery of topoi.

Popular textbook treatments of the fallacies approach to argument evaluation employ the Adversary Method identified by Janice Moulton (1983) that takes the goal of argumentation to be the defeat of other arguments and that narrows the terms of discourse in order to facilitate such defeat. My analysis of the textbooks shows that the Adversary Method operates as a Kuhnian paradigm in philosophy, and demonstrates that the popular fallacies pedagogy is authoritarian in being unresponsive to the scholarly developments in informal logic (...) and argumentation theory. A progressive evolution for the fallacies approach is offered as an authoritative alternative. (shrink)

Eight structural criteria are developed as part of a dialogical method by testing them against seven examples of arguments from negative consequences. The aim is to provide a method for evaluating the arguments in the examples as fallacious or not. It is shown that any method that can be satisfactorily used to evaluate such examples needs to be based on two techniques. The first is careful application of argumentation underlying shifts from one type of dialog to another schemes. The second (...) is consideration of contextual factors concerning. (shrink)

This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to (...) Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and develop an account of the relationship between critical questions and burden of proof. Our ultimate aim is to initiate a reconciliation between dialectical and informal logic approaches to the schemes. (shrink)

Douglas Walton has been right in calling us to attend to the pragmatics of argument. He has, however, also insisted that arguments should be understood and assessed by considering the functions they perform; and from this, I dissent. Argument has no determinable function in the sense Walton needs, and even if it did, that function would not ground norms for argumentative practice. As an alternative to a functional theory of argumentative pragmatics, I propose a design view, which draws attention to (...) the way participants strategically undertake and impose norms on themselves in order for their arguments to have force. (shrink)

Used informally, the Reductio ad Absurdum (RAA) consists in reasoning appealing to the logically implied, absurd consequences of a hypothetical proposition, in order to refute it. This kind of reasoning resembles the Argument from Consequences, which appeals to causally induced consequences. These types of argument are sometimes confused, since it is not worked out how these different kinds of consequences should be distinguished. In this article it is argued that the logical consequences in RAA-argumentation can take different appearances and that (...) it therefore must be concluded that RAA cannot be characterised by a specific content, but must instead be characterised as an argument form. Furthermore, clues are provided to distinguish RAA reasoning from the Argument from Consequences. (shrink)

The purpose of this paper is to inquire into the relationship between persuasive definition and common knowledge (propositions generally accepted and not subject to dispute in a discussion). We interpret the gap between common knowledge and persuasive definition (PD) in terms of potential disagreements: PDs are conceived as implicit arguments to win a potential conflict. Persuasive definitions are analyzed as arguments instantiating two argumentation schemes, argument from classification and argument from values, and presupposing a potential disagreement. The argumentative structure of (...) PDs reveals different levels of disagreement, and different pos-sibilities of resolving the conflict or causing dialogical deadlock. (shrink)

This paper focuses on an explanation in a newspaper article: why new European Union citizens will come to the UK from Eastern Europe (e.g., because of available jobs). Using a corpus-based method of analysis, I show how regular target readers have been positioned to generate premises in dialogue with the explanation propositions, and thus into an understanding of the explanation as an argument, one which contains a biased conclusion not apparent in the text. Employing this method, and in particular ‘corpus (...) comparative statistical keywords’, I show how two issues can be freshly looked at: implicit premise recovery; the argument/explanation distinction. (shrink)

This article concerns the structure of defeasible arguments like: 'If Bob has red spots, Bob has the measles; Bob has red spots; therefore Bob has the measles.' The issue is whether such arguments have the form of modus ponens or not. Either way there is a problem. If they don't have the form of modus ponens, the common opinion to the contrary taught in leading logic textbooks is wrong. But if they do have the form of modus ponens, doubts are (...) raised about the conventional dogma that all arguments having the form of modus ponens are deductively valid. By carefully examining arguments on both sides of the issue, reasonable doubts are raised about the view that all arguments having a modus ponens form are valid. (shrink)

In this overview article, we first explain what we take informal logic to be, discussing misconceptions and distinguishing our conception of it from competing ones; second, we briefly catalogue recent informal logic research, under 14 headings; third, we suggest four broad areas of problems and questions for future research; fourth, we describe current scholarly resources for informal logic; fifth, we discuss three implications of informal logic for philosophy in particular, and take note ofpractical consequences of a more general sort.

A generation before Beardsley, legal scholar John Henry Wigmore invented a scheme for representing arguments in a tree diagram, aimed to help advocates analyze the proof of facts at trial. In this essay, I describe Wigmore's "Chart Method" and trace its origin and influence. Wigmore, I argue, contributes to contemporary theory in two ways. His rhetorical approach to diagramming provides a novel perspective on problems about the theory of reasoning, premise adequacy, and dialectical obligations. Further, he advances a novel solution (...) to the problem of assessing argument quality by representing the strength of argument in meeting objections. (shrink)

The essence of the argument of the beard (so-called by some logic textbooks) is the tactic used by a respondent to reply to a proponent, "The criterion you used to define a key term in your argument is vague, therefore your use of this term in your argument is illegitimate, and your argument is refuted." This familiar kind of argument tactic is similar to the much more famous heap (sorites) argument of Eubulides, closely associated with the slippery slope argument. This (...) article provides a system of classification for sorting out these three arguments, and related types of argument of interest in informal logic. (shrink)

Some solo verbal reasoning serves the function of arriving at a correct answer to a question from information at the reasoner’s disposal. Such reasoning is good if and only if its grounds are justified and adequate, its warrant is justified, and the reasoner is justified in assuming that no defeaters apply. I distinguish seven sources of justified grounds and state the conditions under which each source is trustworthy. Adequate grounds include all good relevant information practically obtainable by the reasoner. The (...) claim must follow from the grounds in accordance with a justified general warrant. If this warrant is not universal, the reasoner must be justified in assuming that no exception-making circumstances hold in the particular case to which it is applied. (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

The Toulmin diagram layout is very familiar and widely used, particularly in the teaching of critical thinking skills. The conventional box-and-arrow diagram is equally familiar and widespread. Translation between the two throws up a number of interesting challenges. Some of these challenges (such as the relationship between Toulmin warrants and their counterparts in traditional diagrams) represent slightly different ways of looking at old and deep theoretical questions. Others (such as how to allow Toulmin diagrams to be recursive) are diagrammatic versions (...) of questions that have already been addressed in artificial intelligence models of argument. But there are further questions (such as the relationships between refutations, rebuttals and undercutters, and the roles of multiple warrants) that are posed as a specific result of examining the diagram inter-translation problem. These three classes of problems are discussed. To the first class are addressed solutions based on engineering pragmatism; to the second class, are addressed solutions drawn from the appropriate literature; and to the third class, fuller exploration is offered justifying the approaches taken in developing solutions that offer both pragmatic utility and theoretical interest. Finally, these solutions are explored briefly in the context of the Araucaria system, showing the ways in which analysts can tackle arguments either using one diagrammatic style or another, or even a combination of the two. (shrink)

SummaryThis paper studies some classic cases of the fallacy of begging the question based on appeals to testimony containing circular reasoning. For example, suppose agents a, b and c vouch for d’s credentials, and agents b, d, and e vouch for a’s credentials. Such a sequence of reasoning is circular because a is offering testimony for d but d is offering testimony for a. The paper formulates and evaluates restrictions on the use of testimonial evidence that might be used to (...) deal with such problematic arguments. One is called the Non-repeater Rule: in an extended sequence of argumentation based on testimony, once a source x has been appealed to at any given point in the sequence, that same source x must never be appealed to again at any next point in the same sequence. (shrink)

There is a well-established literature examining the relationships between epistemology (the nature of knowledge), pedagogy (the nature of learning and teaching), and assessment. Learning Analytics (LA) is a new assessment technology and should engage with this literature since it has implications for when and why different LA tools might be deployed. This paper discusses these issues, relating them to an example construct, epistemic beliefs – beliefs about the nature of knowledge – for which analytics grounded in pragmatic, sociocultural theory might (...) be well placed to explore. This example is particularly interesting given the role of epistemic beliefs in the everyday knowledge judgements students make in their information processing. Traditional psychological approaches to measuring epistemic beliefs have parallels with high stakes testing regimes; this paper outlines an alternative LA for epistemic beliefs which might be readily applied to other areas of interest. Such sociocultural approaches afford opportunity for engaging LA directly in high quality pedagogy. (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)

Argumentation mining aims to automatically detect, classify and structure argumentation in text. Therefore, argumentation mining is an important part of a complete argumentation analyisis, i.e. understanding the content of serial arguments, their linguistic structure, the relationship between the preceding and following arguments, recognizing the underlying conceptual beliefs, and understanding within the comprehensive coherence of the specific topic. We present different methods to aid argumentation mining, starting with plain argumentation detection and moving forward to a more structural analysis of the detected (...) argumentation. Different state-of-the-art techniques on machine learning and context free grammars are applied to solve the challenges of argumentation mining. We also highlight fundamental questions found during our research and analyse different issues for future research on argumentation mining. (shrink)

This article describes the Vaccine/Injury Project Corpus, a collection of legal decisions awarding or denying compensation for health injuries allegedly due to vaccinations, together with models of the logical structure of the reasoning of the factfinders in those cases. This unique corpus provides useful data for formal and informal logic theory, for natural-language research in linguistics, and for artificial intelligence research. More importantly, the article discusses lessons learned from developing protocols for manually extracting the logical structure and generating the logic (...) models. It identifies sub-tasks in the extraction process, discusses challenges to automation, and provides insights into possible solutions for automation. In particular, the framework and strategies developed here, together with the corpus data, should allow “top–down” and contextual approaches to automation, which can supplement “bottom-up” linguistic approaches. Illustrations throughout the article use examples drawn from the Corpus. (shrink)

What is informal logic, is it ``logic" at all? Main contemporary approaches are briefly presented and critically commented. If the notion of consequence is at the heart of logic, does it make sense to speak about ``informal" consequence? A valid inference is truth preserving, if the premises are true, so is the conclusion. According to Prawitz two further conditions must also be satisfied in the case of classical logical consequence: (i) it is because of the logical form of the sentences (...) involved and not because of their specific content that the inference is truth preserving; (ii) it is necessary that if the premises are true, then so is the conclusion. According to the prevalent criteria of informal logic an argument is cogent if and only if (i) its premises are rationally Acceptable, (ii) its premises are Relevant to its conclusion and (iii) its premises constitute Grounds adequate for accepting the conclusion (the ``ARG" conditions according to Govier). The ARG criteria characterize a certain broad kind of consequence relation. We do not (in general) have truth preservence in cogent arguments but if the premises are acceptable and other criteria are met, then so is the conclusion. We can speak about form in a loose sense and finally, there is rational necessity of the grounding or support relation. So a certain broad notion of logical consequence emerges from this comparison. The norms of ARG are norms of elementary scientific methodology in which argument is seen as embodying reasoning within a process of inquiry or of belief formation in subject areas accessible to every informed intellectual. (shrink)

In this paper, the Carneades argumentation system is extended to represent a procedural view of inquiry in which evidence is marshalled to support or defeat claims to knowledge. The model is a sequence of moves in a collaborative group inquiry in which parties take turns making assertions about what is known or not known, putting forward evidence to support them, and subjecting these moves to criticisms. It is shown how this model of evaluating evidence in an inquiry is based on (...) a defeasible logic using forms of argument that admit exceptions. It is contended that reasoning from absence of knowledge is as important to inquiry as positive reasoning from evidence to knowledge. The philosophical conflict between this view of reasoning about knowledge and the true-belief-plus view is explored by airing objections and replies on both sides. (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 essay offers a start on sorting out the relationships of argumentation and persuasion by identifying two systematic ways in which definitions of argumentation differ, namely, their descriptions of the ends and of the means involved in argumentative discourse. Against that backdrop, the traditional “conviction-persuasion” distinction is reassessed. The essay argues that the traditional distinction correctly recognizes the difference between the end of influencing attitudes and that of influencing behavior—but that it misanalyzes the means of achieving the latter (by focusing (...) on emotional arousal) and that it mistakenly contrasts “rational” and “emotional” means of influence. The larger conclusion is that understanding the relationships of the phenomena of argumentation and persuasion will require close attention to characterizations of communicative ends and means. (shrink)

The last century has seen many disciplines place a greater priority on understanding how people reason in a particular domain, and several illuminating theories of informal logic and argumentation have been developed. Perhaps owing to their diverse backgrounds, there are several connections and overlapping ideas between the theories, which appear to have been overlooked. We focus on Peirce’s development of abductive reasoning [39], Toulmin’s argumentation layout [52], Lakatos’s theory of reasoning in mathematics [23], Pollock’s notions of counterexample [44], and argumentation (...) schemes constructed by Walton et al. [54], and explore some connections between, as well as within, the theories. For instance, we investigate Peirce’s abduction to deal with surprising situations in mathematics, represent Pollock’s examples in terms of Toulmin’s layout, discuss connections between Toulmin’s layout and Walton’s argumentation schemes, and suggest new argumentation schemes to cover the sort of reasoning that Lakatos describes, in which arguments may be accepted as faulty, but revised, rather than being accepted or rejected. We also consider how such theories may apply to reasoning in mathematics: in particular, we aim to build on ideas such as Dove’s [13], which help to show ways in which the work of Lakatos fits into the informal reasoning community. (shrink)

This paper discusses the method when an argument is refuted by a parallel argument since the flaw of the parallel argument is clearly displayed. The method is explicated, examined and compared with two other general methods.

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as (...) topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom. (shrink)

We argue that common knowledge, of the kind used in reasoning in law and computing is best analyzed using a dialogue model of argumentation (Walton & Krabbe 1995). In this model, implicit premises resting on common knowledge are analyzed as endoxa or widely accepted opinions and generalizations (Tardini 2005). We argue that, in this sense, common knowledge is not really knowledge of the kind represent by belief and/or knowledge of the epistemic kind studied in current epistemology. This paper takes a (...) different approach, defining it in relation to a common commitment store of two participants in a rule-governed dialogue in which two parties engage in rational argumentation (Jackson & Jacobs 1980; van Eemeren & Grootendorst 2004). A theme of the paper is how arguments containing common knowledge premises can be studied with the help of argumentation schemes for arguments from generally accepted opinion and expert opinion. It is argued that common knowledge is a species of provi- sional acceptance of a premise that is not in dispute at a given point in a dia- logue, but may later be defeated as the discussion proceeds . (shrink)

ABSTRACT: In this essay I characterize arguments by analogy, which have an impor- tant role both in philosophical and everyday reasoning. Arguments by analogy are dif- ferent from ordinary inductive or deductive arguments and have their own distinct features. I try to characterize the structure and function of these arguments. It is further discussed that some arguments, which are not explicit arguments by analogy, nevertheless should be interpreted as such and not as inductive or deductive arguments. The result is that (...) a presumed outcome of a philosophical dispute will have to be reconsidered. (shrink)

The paper's thesis is that dialogue is not an adequate model for all types of argument. The position of Walton is taken as the contrary view. The paper provides a set of descriptions of dialogues in which arguments feature in the order of the increasing complexity of the argument presentation at each turn of the dialogue, and argues that when arguments of great complexity are traded, the exchanges between arguers are turns of a dialogue only in an extended or metaphorical (...) sense. It argues that many of the properties of engaged back-and-forth exchanges of paradigmatic argument dialogues are not found in ‘solo’ arguments, and that at least some of the norms appropriate to the former type of argument, such as some of the pragma-dialectical rules of van Eemeren and Grootendorst's model, do not apply to the latter. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

We develop conceptions of arguments and of argument types that will, by serving as the basis for developing a natural classification of arguments, benefit work in artificial intelligence. Focusing only on arguments construed as the semantic entities that are the outcome of processes of reasoning, we outline and clarify our view that an argument is a proposition that represents a fact as both conveying some other fact and as doing so wholly. Further, we outline our view that, with respect to (...) arguments that are propositions, (roughly) two arguments are of the same type if and only if they represent the same relation of conveyance and do so in the same way. We then argue for our conceptions of arguments and argument types, and compare them to alternative positions. We also illustrate the need for, and some of the strengths of, our approach to classifying arguments through an examination of aspects of two prominent and recent attempts to classify arguments using argumentation schemes, namely those of M. Kienpointner and D. Walton. Finally, we clarify how our conception of arguments and of argument types can assist in developing an exhaustive classification of arguments. (shrink)

Many public information documents attempt to persuade the recipients that they should engage in or refrain from specific behaviour. This is based on the assumption that the recipient will decide about his or her behaviour on the basis of the information given and a rational evaluation of the pros and cons. An analysis of 20 public information brochures shows that the argumentation in persuasive brochures is often not marked as such. Argumentation is presented as factual information, and in many instances (...) the task of making argumentational links and drawing conclusions is left to the reader. However, since the information offered does follow familiar argumentational schemes, readers can, in principle, reconstruct the argument. All the brochures make use of pragmatic argumentation (argumentation from consequences),i. e.,they formulate at least certain benefits of the desirable behaviour or disadvantages of the undesirable behaviour. In addition, they make regular use of argumentation from cause to effect and argumentation from example. Argumentation from rules and argumentation from authority are less frequently used. This empirical analysis of the use of argumentation schemes is a solid base for interesting and rich hypotheses about the cognitive processing of persuasive brochures. Central processing requires the reader to be able to reconstruct argumentation from informational texts and to identify and evaluate various types of argumentation. (shrink)

We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...) purpose in common laws of contract. The formalism is based on modular argumentation, a recently proposed extension of assumption-based argumentation for modelling contract dispute resolution. (shrink)

We commonly think of presumptions as second-best inferential tools allowing us to reach conclusions, if we must, under conditions of limited information. Scholarship on the topic across the disciplines has espoused a common conception of presumptions that defines them according to their function within the decisionmaking process. This focus on the “private” face of presumptions has generated a predominantly critical and grudging view of them, perpetuated certain conceptual ambiguities, and, most important, neglected the fact that what we refer to as (...) “presumptions” have distinguishing features other than the defeasibility and burden-shifting effects associated with their use as inferential tools. When a decisionmaker gives reasons for a conclusion, the decisionmaker often cites a presumption among the reasons for that conclusion; in this guise – their “public” face – presumptions display different, and uniquely valuable, features that remain hidden if we understand them only as aids to inference. This essay both surveys recent approaches to the critical analysis of presumptions in law, philosophy, and discourse studies, and offers an account of how we might begin to think about this other, public face of presumptions. (shrink)

In all three of its manifestations, —abusive, circumstantial and tu quoque—the role of the ad hominem is to raise a doubt about the opposite party’s casemaking bona-fides.Provided that it is both presumptive and provisional, drawing such a conclusion is not a logical mistake, hence not a fallacy on the traditional conception of it. More remarkable is the role of the ad hominem retort in seeking the reassurance of one’s opponent when, on the face of it, reassurance is precisely what he (...) would seem to be ill-placed to give. Brief concluding remarks are given over to an examination of rival approaches to the ad hominem, especially those in which it is conceived of as a dialectical error. (shrink)

In some recent cases in Anglo-American law juries ruled contrary to an expert's testimony even though that testimony was never challenged, contradicted or questioned in the trial. These cases are shown to raise some theoretical questions about formal dialogue systems in computational dialectical systems for legal argumentation of the kind recently surveyed by Bench-Capon (1997) and Hage (2000) in this journal. In such systems, there is a burden of proof, meaning that if the respondent questions an argument, the proponent is (...) obliged to offer some support for it give it up. But what should happen in a formal system of dialogue if the proponent puts forward an argument and the respondent fails to critically question it, and simply moves on to another issue? Is this some kind of fault that should have implications? Should it be taken to imply that, by default, the respondent has conceded the argument? What, if anything, should be the outcome of such a failure to question in a formal dialogue system of argumentation? These questions are considered by examining some legal cases of expert opinion testimony in relation rules for formal dialectical argumentation systems. (shrink)

In this paper it is shown how tools developed in argumentation theory and artificial intelligence can be applied to the development of a new dialectical analysis of the speech act of making a proposal in a deliberation dialogue. These tools are developed, modified and used to formulate dialogue pre-conditions, defining conditions and post-conditions for the speech act of making a proposal in a deliberation dialogue. The defining conditions set out what is required for a move in a dialogue to count (...) as the making of a proposal by one of the parties. What is required are the conditions that (1) the move fit the requirements of the argumentation scheme for practical reasoning, and (2) the premises are propositions describing common goals of both parties or propositions that they reasonably consider means to achieve these goals. The analysis goes beyond the standard speech act approach by specifying not only the normative requirements for making a well-formed proposal, but also the requirements for responding to it by questioning or criticizing it, and the requirements for defending it. (shrink)

Although the last decade has seen a proliferation of ontological approaches to arguments, many of them employ ad hoc solutions to representing arguments, lack interoperability with other ontologies, or cover arguments only as part of a broader approach to evidence. To provide a better ontological representation of arguments, we present the Arguments Ontology (ArgO), a small ontology for arguments that is designed to be imported and easily extended by researchers who work in different upper-level ontology frameworks, different logics, and different (...) approaches to argument evaluation. Unlike most ontological approaches to arguments, ArgO utilizes Basic Formal Ontology (BFO) as an upper-level ontology, and may be used alongside other commonly used ontologies in the BFO framework, including boththe Information Artifact Ontology (IAO), and the Information Entity Ontology (INFO). Critically, our proposal is principled, based on rigorous definitions and formal axioms out of which characterizations of arguments naturally fall. It is our hope that ArgO may assist researchers in many projects, including: integrating heterogeneous sources of evidence, structuring the content of semantic wikis, and enhancing semantic reasoning. (shrink)

Cancellability is an essential feature of implicatures. However, its reliability has been challenged by several cases and examples in which conversational implicatures seem to be hard or even impossible to cancel. Should it then be concluded that not all implicatures are cancellable, and therefore Grice's cancellability test should be weakened or abandoned? The present paper addresses this problem by drawing a distinction between theoretical and practical cancellability, where the latter concept captures the (un)reasonableness of explicit or contextual cancellation. By analyzing (...) three legal cases of misleading advertising, I show how the indefensibility of an interpretation can account for the practical uncancellability of an implicature. To explain and account for the reasonableness of an interpretation, the presumptive inferences involved must be reconstructed and evaluated considering different dimensions, such as the conversational context and the associated presumptions. (shrink)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)