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  1. Reporting and Interpreting Intentions in Defamation Law.Fabrizio Macagno - 2015 - In Alessandro Capone, Ferenc Kiefer & Franco Lo Piparo (eds.), Indirect Reports and Pragmatics. Cham: Imprint: Springer. pp. 593-619.
    The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...)
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  • Teleological Justification of Argumentation Schemes.Douglas Walton & Giovanni Sartor - 2013 - Argumentation 27 (2):111-142.
    Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...)
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  • The Presumptions of Meaning. Hamblin and Equivocation.Fabrizio Macagno - 2011 - Informal Logic 31 (4):367-393.
    When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...)
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  • Reconstructing Metaphorical Meaning.Fabrizio Macagno & Benedetta Zavatta - 2014 - Argumentation 28 (4):453-488.
    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 (...)
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  • Practical Reasoning Arguments: A Modular Approach.Fabrizio Macagno & Douglas Walton - 2018 - Argumentation 32 (4):519-547.
    This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two (...)
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  • Pragmatic Maxims and Presumptions in Legal Interpretation.Fabrizio Macagno, Douglas Walton & Giovanni Sartor - 2018 - Law and Philosophy 37 (1):69-115.
    The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...)
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  • Defining Marriage: Classification, Interpretation, and Definitional Disputes.Fabrizio Macagno - 2016 - Informal Logic 36 (3):309-332.
    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 (...)
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  • Defeasible Classifications and Inferences from Definitions.Fabrizio Macagno & Douglas Walton - 2010 - Informal Logic 30 (1):34-61.
    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 (...)
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  • Analogical Reasoning and Semantic Rules of Inference.Fabrizio Macagno, Douglas Walton & Christopher W. Tindale - 2014 - Revue Internationale de Philosophie 270 (4):419-432.
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  • Questioning the Virtual Friendship Debate: Fuzzy Analogical Arguments from Classification and Definition.Oliver Laas - 2018 - Argumentation 32 (1):99-149.
    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 (...)
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  • Practical reasoning and the act of naming reality.Fabrizio Macagno - 2018 - Revue Internationale de Philosophie 286:393-404.
    In the tradition stemming from Aristotle through Aquinas, rational decision making is seen as a complex structure of distinct phases in which reasoning and will are interconnected. Intention, deliberation, and decision are regarded as the fundamental steps of the decision-making process, in which an end is chosen, the means are specified, and a decision to act is made. Based on this Aristotelian theoretical background, we show how the decision-making process can be modeled as a net of several patterns of reasoning, (...)
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  • Uses of arguments from definition in children’s argumentation.G. Schär Rebecca - unknown
    The literature on argumentation and education often conveys that children’s argumentation skills are not well developed; therefore, it would be difficult to find argumentation in small children, as well as in primary school classrooms. However, studies focusing on argumentation in less formal contexts show that there is no need to depart from such a negative stance. If children are given room to pursue their lines of thought, they often produce sophisticated spontaneous argumentation. In this paper I consider arguments from definition (...)
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  • The Elements of Argument: Six Steps To A Thick Theory.Leo Groarke - unknown
    In the last quarter-century, the emergence of argumentation theory has spurred the development of an extensive literature on the study of argument. It encompasses empirical and theoretical investigations that often have their roots in the different traditions that have studied argument since ancient times – most notably, logic, rhetoric, and dialectics. Against this background, I advocate a “thick” theory of argument that merges traditional theories, weaving together their sometimes discordant approaches to provide an overarching framework for the assessment of arguments (...)
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