We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...) this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (shrink)

In this paper we will analyse the issue of defeasibility in the law, taking into account research carried out in philosophy, artificial intelligence and legal theory. We will adopt a very general idea of legal defeasibility, in which we will include all different ways in which certain legal conclusions may need to be abandoned, though no mistake was made in deriving them. We will argue that defeasibility in the law involves three different aspects, which we will call inference‐based defeasibility, process‐based (...) defeasibility, and theory‐based defeasibility. Only the integration of these three perspectives allows us to provide a satisfactory account of the role of defeasibility in legal reasoning. (shrink)

In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are (...) argument structures underling moves made in strategic advocacy by both sides that function as platforms for different kinds of questionable argumentation tactics and moves that are in some instances tricky and deceptive. (shrink)

. While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...) a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

The paper sets out the challenges facing the Police in respect of the detection and prevention of the volume crime of burglary. A discussion of data mining and decision support technologies that have the potential to address these issues is undertaken and illustrated with reference the authors’ work with three Police Services. The focus is upon the use of “soft” forensic evidence which refers to modus operandi and the temporal and geographical features of the crime, rather than “hard” evidence such (...) as DNA or fingerprint evidence. Three objectives underpin this paper. First, given the continuing expansion of forensic computing and its role in the emergent discipline of Crime Science, it is timely to present a review of existing methodologies and research. Second, it is important to extract some practical lessons concerning the application of computer science within this forensic domain. Finally, from the lessons to date, a set of conclusions will be advanced, including the need for multidisciplinary input to guide further developments in the design of such systems. The objectives are achieved by first considering the task performed by the intended systems users. The discussion proceeds by identifying the portions of these tasks for which automation would be both beneficial and feasible. The knowledge discovery from databases process is then described, starting with an examination of the data that police collect and the reasons for storing it. The discussion progresses to the development of crime matching and predictive knowledge which are operationalised in decision support software. The paper concludes by arguing that computer science technologies which can support criminal investigations are wide ranging and include geographical information systems displays, clustering and link analysis algorithms and the more complex use of data mining technology for profiling crimes or offenders and matching and predicting crimes. We also argue that knowledge from disciplines such as forensic psychology, criminology and statistics are essential to the efficient design of operationally valid systems. (shrink)

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s theory is (...) briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

En este artículo realizamos un relevamiento exhaustivo de las publicaciones de Médicos por la Verdad, uno de los principales grupos antivacunas de Latinoamérica, en la red social Twitter durante la pandemia de COVID-19. Clasificamos sus tipos de razonamiento y el contenido de sus mensajes y mostramos que las propuestas existentes de análisis de discursos anticientíficos no pueden aplicarse a este caso particular. Proponemos, en consecuencia, una nueva categorización y su aplicación focalizada en las herramientas disponibles para comunicadores de la ciencia, (...) por un lado, y público no especializado, por el otro. (shrink)

Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method is inductive, bottom-up, (...) gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (shrink)

Douglas Walton’s work is extremely vast, multifaceted, and interdisciplinary. He developed theoretical proposals that have been used in disciplines that are not traditionally related to philosophy, such as law, education, discourse analysis, artificial intelligence, or medical communication. Through his papers and books, Walton redefined the boundaries not only of argumentation theory, but also logic and philosophy. He was a philosopher in the sense that his interest was developing theoretical models that can help explain reality, and more importantly interact with it. (...) For this reason, he proposed methods that have been used for analyzing different types of dialogical interactions, and modeling procedures for regulating them. (shrink)

The detection of hate speech and fake news in political discourse is at the same time a crucial necessity for democratic societies and a challenge for several areas of study. However, most of the studies have focused on what is explicitly stated: false article information, language that expresses hatred, derogatory expressions. This paper argues that the explicit dimension of manipulation is only one – and the least problematic – of the risks of political discourse. The language of the unsaid is (...) much more dangerous and incomparably more difficult to detect, hidden in different types of fallacies and inappropriate uses of emotive language. Through a threefold coding scheme based on the instruments of argumentation theory and pragmatics, a corpus of argumentative tweets published by 4 politicians (Matteo Salvini, Donald Trump, Jair Bolsonaro, and Joseph Biden) within 6 months from their taking office (corresponding to the official end of their election campaign) is analyzed, detecting the types of argument, the fallacies, and the uses and misuses of “emotive words.” This coding results in the argumentation profiles of the speakers, which are compared statistically to show their different implicit strategies and deceptive tactics. (shrink)

In this paper, we use concepts, structure and tools from argumentation theory to show how conversational implicatures are triggered by conflicts of presumptions. Presumptive implicatures are shown to be based on defeasible forms of inference used in conditions of lack of knowledge, including analogical reasoning, inference to the best explanation, practical reasoning, appeal to pity, and argument from cause. Such inferences are modelled as communicative strategies to knowledge gaps that shift the burden of providing the missing contrary evidence to the (...) other party in a dialogue. Through a series of illustrative examples, we show how such principles of inference are based on common knowledge about the ordinary course of events shared by participants in a structured dialogue setting in which they take turns putting forward and responding to speech acts. (shrink)

In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme is shown (...) by means of critical questions, which identify the default conditions for the accepting interpretative arguments and provide a method for evaluating a given argument as weak or strong. (shrink)

The notions of inference and default are used in pragmatics with different meanings, resulting in theoretical disputes that emphasize the differences between the various pragmatic approaches. This paper is aimed at showing how the terminological and theoretical differences concerning the two aforementioned terms result from taking into account inference and default from different points of view and levels of analysis. Such differences risk making a dialogue between the theories extremely difficult. However, at a functional level of analysis the different theories, (...) definitions, and approaches to interpretation can be compared and integrated. At this level, the standardization of pragmatic inferences can be regarded as the development of a specific type of presumptions, used to draw prima-facie interpretations. (shrink)

J. Anthony Blair is a prominent international figure in argumentation studies. He is among the originators of informal logic, an author of textbooks on the informal logic approach to argument analysis and evaluation and on critical thinking, and a founder and editor of the journal Informal Logic. Blair is widely recognized among the leaders in the field for contributing formative ideas to the argumentation literature of the last few decades. This selection of key works provides insights into the history of (...) the field of argumentation theory and various related disciplines. It illuminates the central debates and presents core ideas in four main areas: Critical Thinking, Informal Logic, Argument Theory and Logic, Dialectic and Rhetoric. (shrink)

In this paper, I propose that applying the methods of data science to “the problem of whether mathematical explanations occur within mathematics itself” (Mancosu 2018) might be a fruitful way to shed new light on the problem. By carefully selecting indicator words for explanation and justification, and then systematically searching for these indicators in databases of scholarly works in mathematics, we can get an idea of how mathematicians use these terms in mathematical practice and with what frequency. The results of (...) this empirical study suggest that mathematical explanations do occur in research articles published in mathematics journals, as indicated by the occurrence of explanation indicators. When compared with the use of justification indicators, however, the data suggest that justifications occur much more frequently than explanations in scholarly mathematical practice. The results also suggest that justificatory proofs occur much more frequently than explanatory proofs, thus suggesting that proof may be playing a larger justificatory role than an explanatory role in scholarly mathematical practice. (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.

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)

The detection and analysis of misunderstandings are crucial aspects of discourse analysis, and presuppose a twofold investigation of their structure. First, misunderstandings need to be identified and, more importantly, justified. For this reason, a classification of the types and force of evidence of a misunderstanding is needed. Second, misunderstandings reveal differences in the interlocutors’ interpretations of an utterance, which can be examined by considering the presumptions that they use in their interpretation. This paper proposes a functional approach to misunderstandings grounded (...) on presumptive reasoning and types of presumptions, in which incompatible interpretations or interpretative failures are examined as defaults of the underlying interpretative reasoning, caused by overlooked evidence or conflicting presumptions. Moreover, it advances a classification of the types and the probative weights of the evidence that can be used to detect misunderstandings. The proposed methodology and its implications are illustrated through the analysis of doctor–patient communication in diabetes care. (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 contribution critically discusses Walton's argumentation scheme approach. On the one hand, its enormous richness and closeness to the empirical argumentation material is appreciated, but, on the other, fundamental conceptual weaknesses are revealed. Although the approach more recently has been declared to strive for “true beliefs and correct choices” it has not systematically developed the proposed schemes in a way that these goals are reached. Accordingly, many proposed schemes are fallacious from an epistemological standpoint.

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

Aunque el derecho probatorio y el derecho procesal se han dedicado desde siempre al estudio de los problemas relacionados con las pruebas y el establecimiento de los hechos en los procesos judiciales, el énfasis ha estado siempre en el aspecto formal, doctrinal y procedimental en detrimento de los fundamentos filosóficos y teóricos. Durante los últimos años ha habido un intento sostenido de explorar estos fundamentos combinando no sólo las herramientas tradicionales proporcionadas por la lógica, la gramática y la retórica, sino (...) también los avances hechos en ciencias como la estadística y la probabilidad, la medicina y la psicología forenses, la psicología de la percepción, la epistemología y la filosofía de la ciencia. El presente libro reúne las contribuciones de destacados juristas y filósofos latinoamericanos a esta nueva perspectiva interdisciplinaria, conocida como epistemología jurídica. El libro está dividido en tres grandes temas: la primera parte explora los problemas epistemológicos del conocimiento de los hechos en los procesos judiciales; la segunda se enfoca en el problema de los estándares de prueba; y la sección final discute el testimonio de los expertos. En su conjunto el libro ofrece un panorama tanto de los problemas centrales de la epistemología jurídica, como del estado del arte de la disciplina. (shrink)

This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and formalization, offers descriptions of the analytical and evaluative tools of informal logic, and highlights selected principles that argumentation theorists do and do not agree upon. In turn, the section on (...) linguistic approaches to argumentation focuses on the problem of distinguishing between explanation and argument, while also elaborating on the role of verbal indicators of argument schemes. All essays included in this volume point out notable recent developments in the study of argumentation. (shrink)

Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.

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)

semantic minimalism and moderte contextualism.

Using persuasive definitions and persuasive language generally to put a spin on an argument has often held to be suspicious, if not deceptive or even fallacious. However, if the purpose of a persuasive definition is to persuade, and if rational persuasion can be a legitimate goal, putting forward a persuasive definition can have a legitimate basis in some cases. To clarify this basis, the old subject of definitions is reconfigured into a new dialectical framework in which, it is argued, a (...) definition should be evaluated in light of its purpose as a speech act. But if persuasive definitions are so often thought to be suspect, misleading, or even fallacious, how can individual cases be judged on some objective basis? In this paper, a new dialectical method of evaluating such definitions on a case-by-case basis is proposed, showing how abusive as well as reasonable uses of persuasive language can properly be identified, analyzed and evaluated. (shrink)

Why are personal attacks so powerful? In political debates, speeches, discussions and campaigns, negative character judgments, aggressive charges and charged epithets are used for different purposes. They can block the dialogue, trigger value judgments and influence decisions; they can force the interlocutor to withdraw a viewpoint or undermine his arguments. Personal attacks are not only multifaceted dialogical moves, but also complex argumentative strategies. They can be considered as premises for further arguments based on signs, generalizations or consequences. They involve tactics (...) for arousing emotions such as fear, hate or contempt, or for ridiculing the interlocutor. The twofold level of investigation presented in this paper is aimed at distinguishing the different roles that ad hominem have in a dialogue and bringing to light their hidden dimensions. The reasoning structure of each type of attack will be distinguished from the tactics used to increase its effectiveness and conceal its weaknesses. (shrink)

The paper provides an OWL ontology for legal cases with an instantiation of the legal case Popov v. Hayashi. The ontology makes explicit the conceptual knowledge of the legal case domain, supports reasoning about the domain, and can be used to annotate the text of cases, which in turn can be used to populate the ontology. A populated ontology is a case base which can be used for information retrieval, information extraction, and case based reasoning. The ontology contains not only (...) elements for indexing the case (e.g. the parties, jurisdiction, and date), but as well elements used to reason to a decision such as argument schemes and the components input to the schemes. We use the Protégé ontology editor and knowledge acquisition system, current guidelines for ontology development, and tools for visual and linguistic presentation of the ontology. (shrink)

How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition (...) when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (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)

. A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on the (...) computer screen as an inverted tree structure with an ultimate conclusion as the root of the tree. These argumentation tools are applicable to analyzing a mass of evidence in a case at trial, in a manner already known in law using heuristic methods and Wigmore diagrams . In this paper it is shown how they can be automated and applied to the task of inventing legal arguments. One important application is to proof construction in trial preparation. (shrink)

This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (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)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

In this paper it is shown is that although poisoning the well has generally been treated as a species of ad hominem fallacy, when you try to analyze the fallacy using ad hominem schemes, even by supplementing with related schemes like argument from position to know, the analysis ultimately fails. The main argument of the paper is taken up with proving this negative claim by applying these schemes to examples of arguments associated with the fallacy of poisoning the well. Although (...) there is a positive finding in this quest, in that poisoning the well is shown to be based on and associated with these forms of argument in interesting ways, the paper in the end is led to the conclusion that the fallacy is irreducibly dialectical. Poisoning the well is thus analyzed as a tactic to silence an opponent violating her right to put forward arguments on an issue both parties have agreed to discuss at the confrontation stage of a critical discussion. It is concluded that it is a special form of strategic attack used by one party in the argumentation stage of a critical discussion to improperly shut down the capability of the other party for putting forward arguments of the kind needed to properly move the discussion forward. (shrink)

Este artículo presenta un análisis comparativo de los modelos de argumentación basados en las nociones de probabilidad subjetiva y de razonamiento plausible. Se hacen explícitos los “parecidos de familia” entre probabilidad y plausibilidad, y se examinan las diferencias en las prescripciones invocadas para la evaluación de tres tipos de falacias informales: apelación a la autoridad, a la popularidad y petición de principio. Se concluye que el razonamiento plausible, como Rescher y Walton lo describen, no proporciona una alternativa sólida a la (...) probabilidad como modelo normativo o descriptivo de la evaluación de argumentos. (shrink)

The paper emphasizes significant resemblances between the Informal Logic Initiative and the Lvov-Warsaw School – the Polish philosophical movement, the rise of which is associated with “the Golden Age of Science and Letters”. The correspondence between informal logic and the logical studies of the LWS will be explored by discussing their subject-matter, goals, and methods. The project focused on applying logical studies of the LWS in analyzing and assessing arguments will be proposed.

Argumentation is a cognitive category. Texts cannot be said to be argumentation, nor can argumentation be said to lie in texts. This is an almost trivial semiotic point of departure, but it is quite relevant nevertheless. In this contribution, three reasons are developed to emphasize and to articulate the semiotic component of argumentation to show that it is a crucial element that cannot be disregarded. Two of these reasons are mentioned only in passing as other contributions in this volume deal (...) with them more substantially. The third reason, being that argumentation requires an exchange of discourse worlds and that consequently the mimetic construction of these discourse worlds is part of the argumentation, is discussed in some detail in this paper. It will be argued that a lack of attention for the mimetics of argumentation is regrettable, both theoretically and practically. Focusing on the mimetics raises questions concerning the dominant ‘propositional’ format of argumentation assumed to be essential for argumentative assessment. (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)

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

My topic is the theme of the E-OSSA 12 conference, namely Evidence, Persuasion and Diversity. I will present relevant material from a selection of Canadian legal cases, along with background information as needed and commentary. My primary focus will be on two landmark Supreme Court of Canada cases—an Aboriginal law case and a case that was both a constitutional law case and a criminal law case.

I discuss under what conditions the objection that an expert’s argument is biased by her self-interest can be a meaningful and sound argumentative move. I suggest replacing the idea of bias qua self-interest by that of a conflict of interests, exploit the distinction between an expert context and a public context, and hold that the objection can be meaningful. Yet, the evaluation is overall negative, because the motivational role of self-interest for human behavior remains unclear. Moreover, if recent social-psychological results (...) from the “heuristics and biases” program are accepted, it is plausible to assume that humans also satisfice (rather than optimize/maximize) when identifying and then acting in their self-interest. My thesis is: insofar as the objection is sound with a particular audience, it is not needed; and insofar as the objection is needed, it is unsound. (shrink)

This essay proposes a design perspective on argumentation, intended as complementary to empirical and critical scholarship. In any substantive domain, design can provide insights that differ from those provided by scientific or humanistic perspectives. For argumentation, the key advantage of a design perspective is the recognition that humanity’s natural capacity for reason and reasonableness can be extended through inventions that improve on unaided human intellect. Historically, these inventions have fallen into three broad classes: logical systems, scientific methods, and disputation frameworks. (...) Behind each such invention is a specifiable “design hypothesis”: an idea about how to decrease error or how to increase the quality of outcomes from reasoning. As problems in contemporary argumentation practice become more complex, design thinking rises in relevance and importance. A design research agenda in argumentation would focus on theorizing design innovations and on evaluating design hypotheses. (shrink)

In this paper we compare causal models with reason models in the construction of Bayesian networks for legal evidence. In causal models, arrows in the network are drawn from causes to effects. In a reason model, the arrows are instead drawn towards the evidence, from factum probandum to factum probans. We explore the differences between causal models and reason models and observe several distinct advantages with reason models. Reason models are better aligned with the philosophy of Bayesian inference, as they (...) model reasons for up-dating beliefs. Reason models are better suited for measuring the combined support of the evidence, and a prior probability of guilt that reflects the number of possible perpetrators is accommodated more easily with reason models. (shrink)

Arguments from plausibility, in which an appeal is made to customary behavior, are often used in the legal practice. For example: Joran van derSloot must have murdered Natalee Holloway, otherwise he would have called an ambulance when she looked dead. As in the example, such arguments are often presented with an explicit appeal to an inference license that gives the argument amodus tollensstructure [if he had not murdered her...]. I will address the question what motivates such a presentation.