Corroborative evidence can have a dual function in argument whereby not only does it have a primary function of providing direct evidence supporting the main conclusion, but it also has a secondary, bolstering function which increases the probative value of some other piece of evidence in the argument. It has been argued (Redmayne, 2000) that this double function gives rise to the fallacy of double counting whereby the probative weight of evidence is overvalued by counting it twice. Walton has proposed (...) several models of corroborative evidence, each of which seems to accept the fallaciousness of double counting thereby seeming to deny the dual function of corroborative evidence. Against this view, I argue that the bolstering effect is legitimate, and can be explained by recourse to inference to the best explanation. (shrink)

Plausible (eikotic) reasoning known from ancient Greek (late Academic) skeptical philosophy is shown to be a clear notion that can be analyzed by argumentation methods, and that is important for argumentation studies. It is shown how there is a continuous thread running from the Sophists to the skeptical philosopher Carneades, through remarks of Locke and Bentham on the subject, to recent research in artificial intelligence. Eleven characteristics of plausible reasoning are specified by analyzing key examples of it recognized as important (...) in ancient Greek skeptical philosophy using an artificial intelligence model called the Carneades Argumentation System (CAS). By applying CAS to ancient examples it is shown how plausible reasoning is especially useful for gaining a better understanding of evidential reasoning in law, and argued that it can also be applied to everyday argumentation. Our analysis of the snake and rope example of Carneades is also used to point out some ways CAS needs to be extended if it is to more fully model the views of this ancient philosopher on argumentation. (shrink)

We explore the relationship between argument and narrative with reference to parables. Parables are typically thought to convey a message. In examining a parable, we can ask what that message is, whether the story told provides reasons for the message, and whether those reasons are good reasons. In exploring these questions, we employ as an inves-tigative technique the strategy of reconstructing parables as argu-ments. We then proceed to con-sider the cogency of those argu-ments. One can offer arguments through narratives and, (...) in particu-lar, through parables, but that do-ing so likely brings more risks than benefits, from an epistemic point of view. (shrink)

A Bayesian network (BN) is a graphical model of uncertainty that is especially well suited to legal arguments. It enables us to visualize and model dependencies between different hypotheses and pieces of evidence and to calculate the revised probability beliefs about all uncertain factors when any piece of new evidence is presented. Although BNs have been widely discussed and recently used in the context of legal arguments, there is no systematic, repeatable method for modeling legal arguments as BNs. Hence, where (...) BNs have been used in the legal context, they are presented as completed pieces of work, with no insights into the reasoning and working that must have gone into their construction. This means the process of building BNs for legal arguments is ad hoc, with little possibility for learning and process improvement. This article directly addresses this problem by describing a method for building useful legal arguments in a consistent and repeatable way. The method complements and extends recent work by Hepler, Dawid, and Leucari (2007) on object-oriented BNs for complex legal arguments and is based on the recognition that such arguments can be built up from a small number of basic causal structures (referred to as idioms). We present a number of examples that demonstrate the practicality and usefulness of the method. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

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 (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (shrink)

Everyday life reasoning and argumentation is defeasible and uncertain. I present a probability logic framework to rationally reconstruct everyday life reasoning and argumentation. Coherence in the sense of de Finetti is used as the basic rationality norm. I discuss two basic classes of approaches to construct measures of argument strength. The first class imposes a probabilistic relation between the premises and the conclusion. The second class imposes a deductive relation. I argue for the second class, as the first class is (...) problematic if the arguments involve conditionals. I present a measure of argument strength that allows for dealing explicitly with uncertain conditionals in the premise set. (shrink)

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

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

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

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.

Corroborative evidence has a dual function in argument. Primarily, it functions to provide direct evidence supporting the main conclusion. But it also has a secondary, bolstering function which increases the probative value of some other piece of evidence in the argument. This paper argues that the bolstering effect of corroborative evidence is legitimate, and can be explained as counter–rebuttal achieved through inference to the best explanation. A model (argument diagram) of corroborative evidence, representing its structure and operation as a schematic (...) pattern of defeasible argument is also supplied. In addition to explaining the operation and theoretical foundation of corroborative evidence, the model facilitates the correct analysis and guides the evaluation (assessment and critique) of corroborative evidence as it occurs in argument. (shrink)

Argumentation is pervasive in everyday life. Understanding what makes a strong argument is therefore of both theoretical and practical interest. One factor that seems intuitively important to the strength of an argument is the reliability of the source providing it. Whilst traditional approaches to argument evaluation are silent on this issue, the Bayesian approach to argumentation (Hahn & Oaksford, 2007) is able to capture important aspects of source reliability. In particular, the Bayesian approach predicts that argument content and source reliability (...) should interact to determine argument strength. In this paper, we outline the approach and then demonstrate the importance of source reliability in two empirical studies. These experiments show the multiplicative relationship between the content and the source of the argument predicted by the Bayesian framework. (shrink)

Sanford Goldberg’s account of epistemic coverage constitutes a special case of Douglas Walton’s view that epistemic closure arises from dialectical argument. Walton’s pragmatic version of epistemic closure depends on dialectical norms for closing an argument, and epistemic coverage operates at the limits of argument closure because it minimizes dialectical exchange. Such closure works together with a shared hypothetical consideration to justify dismissal of surprising claims.

The appeal to expert opinion is an argument form that uses the verdict of an expert to support a position or hypothesis. A previous scheme-based treatment of the argument form is formalized within a Bayesian network that is able to capture the critical aspects of the argument form, including the central considerations of the expert's expertise and trustworthiness. We propose this as an appropriate normative framework for the argument form, enabling the development and testing of quantitative predictions as to how (...) people evaluate this argument, suggesting that such an approach might be beneficial to argumentation research generally. We subsequently present two experiments as an example of the potential for future research in this vein, demonstrating that participants' quantitative ratings of the convincingness of a proposition that has been supported with an appeal to expert opinion were broadly consistent with the predictions of the Bayesian model. (shrink)

Different approaches to expertise and argumentation are discussed. After introducing the problem of expertise and its present day significance in a historical context, various connections with the study of arguments are highlighted. The need for and potential of argumentation analysis to contribute to existing research in social epistemology, science studies, and cognitive science, is discussed, touching on the problems of reasoning and argumentation, embodiment, tacit knowledge, expert context versus public context, expert disagreement, persuasion versus justification, and argument analysis as meta-expertise. (...) As the arguments used by experts constitute a boundary object, we presume that a dialogue format is suitable to address central problems of the special issue “Rethinking Arguments from Experts”. (shrink)

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the presumption (...) of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)

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

Social epistemology has paid little attention to oral historiography as a source of expert insight into the credibility of testimony. One extant suggestion, however, is that oral historians treat testimony with a default trust reflecting a standing warrant for accepting testimony. The view that there is such a standing warrant is sometimes known as the Acceptance Principle for Testimony. I argue that the practices of oral historians do not count in support of APT, all in all. Experts have commonly described (...) oral traditions as oriented towards political, cultural and entertainment ends, and not only—or not even—towards an accurate depiction of past events. Even when accuracy is the emphasis, many historians of oral tradition do not trust such testimony as APT would suggest; the importance of gathering supporting evidence is a consistent emphasis. Yet oral historiography, both of traditions and more generally, does hold out lessons for the epistemology of testimony, implicating a wider range of social.. (shrink)

This paper argues that the problem of expertise calls for a rapprochement between social epistemology and argumentation theory. Social epistemology has tended to emphasise the role of expert testimony, neglecting the argumentative function of appeals to expert opinion by non-experts. The first half of the paper discusses parallels and contrasts between the two cases of direct expert testimony and appeals to expert opinion by our epistemic peers, respectively. Importantly, appeals to expert opinion need to be advertised as such, if they (...) are to sway an epistemic peer. The second half of the paper sketches a theoretical framework for thinking about assessments of expertise in a unified way, via a ‘default and challenge’ model that emphasises the need for a version of conversational scorekeeping. It is through such scorekeeping that interlocutors can track and coordinate their differences in epistemic outlook. The paper concludes with a genealogical perspective on the function of (attributions of) expertise: acceptance of another’s appeal to expert opinion may be construed as tacit agreement that inquiry, for now, has been taken far enough. (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)