This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (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)

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

In this incisive new book one of Britain's most eminent philosophers explores the often overlooked tension between voluntariness and involuntariness in human cognition. He seeks to counter the widespread tendency for analytic epistemology to be dominated by the concept of belief. Is scientific knowledge properly conceived as being embodied, at its best, in a passive feeling of belief or in an active policy of acceptance? Should a jury's verdict declare what its members involuntarily believe or what they voluntarily accept? And (...) should statements and assertions be presumed to express what their authors believe or what they accept? Does such a distinction between belief and acceptance help to resolve the paradoxes of self-deception and akrasia? Must people be taken to believe everything entailed by what they believe, or merely to accept everything entailed by what they accept? Through a systematic examination of these problems, the author sheds new light on issues of crucial importance in contemporary epistemology, philosophy of mind, and cognitive science. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

This book provides a practical and accessible way of evaluating good and bad arguments used in everyday conversations by applying normative models of dialectical (interactive) argumentation, where two parties reason together in an orderly and cooperative way. Using case studies, the author analyzes correct and incorrect uses of argumentation on controversial issues that engage the reader's interest while illustrating points in a practical way. Walton gives clear explanations of the most common errors and tricky deceptions -- traditionally called "fallacies" -- (...) that can trip up an unwary arguer. (shrink)

Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the (...) Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy. (shrink)

Deductivism has been variously presented as an evaluative thesis and as an interpretive one. I argue that deductivism fails as a universal evaluative thesis, and as such that its value as an interpretive thesis must be supported on other grounds. As a reconstructive strategy, deductivism is justified only on the grounds that an arguer is, or ought to be, aiming at the deductive standard of evidence. As such, the reconstruction of an argument as deductive must be supported by contextual and (...) situational factors including facts about the arguer. Further, the plausibility of deductivism as a normative thesis is not tied to its plausibility as a descriptive or interpretive thesis. (shrink)

In response to critique by Godden and Walton, this essay delineates the role of moral motivation in the commitment structure of ordinary presumptive inferences. It defends the capacity of ordinary presumptions to support discursive structures within which everyday argumentation can address defeasible claims and enable alignments and realignments in probative obligations, i.e., burdens of proof.