The book also comes with an exhaustive array of study aids that enable the reader to monitor and enhance the learning process.

The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for conjunction applies (...) to the central core of any forensic proof in the Anglo-American legal system. There are four parts included in this book. Accordingly, these parts have been written in such a way that they may be read in different orders by different kinds of reader. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

Aulis Aarnio addresses the question of how legal interpretations should be justified. Aarnio considers a justification to be rational only if the justification process has been conducted in a rational way, and if the final result of this process is acceptable to the legal community. According to Aarnio, a theory concerning the justification of legal interpretations should contain a procedural component specifying the conditions of rationality for legal discussions, and a substantial component specifying the material conditions of acceptability for the (...) final result. The procedural component of Aarnio’s theory formulates rules for the rationality of legal discussions. The substantial component specifies when the result of a legal interpretation can be called acceptable. Aarnio considers such a result acceptable if it is acceptable to a particular legal community in which there is consensus with respect to certain norms and values. (shrink)

We are pleased to publish this WSIA edition of Trudy’s Govier’s seminal volume, Problems in Argument Analysis and Evaluation. Originally published in 1987 by Foris Publications, this was a pioneering work that played a major role in establishing argumentation theory as a discipline. Today, it is as relevant to the field as when it first appeared, with discussions of questions and issues that remain central to the study of argument. It has defined the main approaches to many of those issues (...) and guided the ways in which we might respond to them. From this foundation, it sets the stage for further investigations and emerging research. This is a second edition of the book that is corrected and updated by the author, with new prefaces to each chapter. (shrink)

This target article presents a new computational theory of explanatory coherence that applies to the acceptance and rejection of scientific hypotheses as well as to reasoning in everyday life, The theory consists of seven principles that establish relations of local coherence between a hypothesis and other propositions. A hypothesis coheres with propositions that it explains, or that explain it, or that participate with it in explaining other propositions, or that offer analogous explanations. Propositions are incoherent with each other if they (...) are contradictory, Propositions that describe the results of observation have a degree of acceptability on their own. An explanatory hypothesis is acccpted if it coheres better overall than its competitors. The power of the seven principles is shown by their implementation in a connectionist program called ECHO, which treats hypothesis evaluation as a constraint satisfaction problem. Inputs about the explanatory relations are used to create a network of units representing propositions, while coherende and incoherence relations are encoded by excitatory and inbihitory links. ECHO provides an algorithm for smoothly integrating theory evaluation based on considerations of explanatory breadth, simplicity, and analogy. It has been applied to such important scientific cases as Lovoisier's argument for oxygen against the phlogiston theory and Darwin's argument for evolution against creationism, and also to cases of legal reasoning. The theory of explanatory coherence has implications for artificial intelligence, psychology, and philosophy. (shrink)

Chapter The Need for a Theory of Argument Structure. THE STANDARD APPROACH The approach to argument diagramming which we call standard was originated, ...

He further argues that it is necessary to rethink traditional conceptions of argument, and to find a position that avoids the limitations of both the highly abstract approach of formal logic and the highly contextualized approaches of rhetoric and communication theory.".

The New Rhetoric is founded on the idea that since "argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced," says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, in God, in all reasonable and competent men, in the man deliberating or in an elite." Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes facts and reasonableness and thus help to determine the universal audience that, in turn, shapes the orator's approach. The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres-forensic, deliberative, and epideictic-is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. Epideictic oratory, Perelman argues, has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds." These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to establish a sense of communion centered around particular values recognized by the audience.". (shrink)

We are pleased to release this edition of Ralph Johnson’s The Rise of Informal Logic as Volume 2 in the series Windsor Studies in Argumentation. This edition is a reprint of the previous Vale Press edition with some typographical errors and other minor mistakes corrected. The prime motive for gathering Ralph H. Johnson’s essays under one cover is their clear articulation of the goals, concerns and problems of the discipline of informal logic. To my knowledge all of the published articles, (...) even of the 1980s, are still in print. But some are obtainable only by special request of a journal back issue. Their availability, even their existence, is not nearly widely enough known, and this volume is dedicated to remedying that disservice to those currently working in the field of informal logic, critical thinking, argumentation, and practical reasoning. Three of these sixteen pieces appear here in print for the first time. The previously published pieces have appeared from 1980 to 1992 as chapters in collective works or as articles in journals, and these in turn published in Canada, USA, The Netherlands and Belgium. It is hoped that gathering this hitherto scattered material under one cover will contribute to a greater understanding of what informal logic is, and to an enhanced sense of the impact of Johnson’s ideas. A discipline of informal logic might exist today without the writings of Johnson and his frequent co-author, J. Anthony Blair. But it would almost certainly be quite different from what it actually is. (shrink)

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...

This volume gives a theoretical account of the problem of analyzing and evaluating argumentative discourse. After placing argumentation in a communicative perspective, and then discussing the fallacies that occur when certain rules of communication are violated, the authors offer an alternative to both the linguistically-inspired descriptive and logically-inspired normative approaches to argumentation. The authors characterize argumentation as a complex speech act in a critical discussion aimed at resolving a difference of opinion. The various stages of a critical discussion are outlined, (...) and the communicative and interactional aspects of the speech acts performed in resolving a simple or complex dispute are discussed. After dealing with crucial aspects of analysis and linking the evaluation of argumentative discourse to the analysis, the authors identify the fallacies that can occur at various stages of discussion. Their general aim is to elucidate their own pragma- dialectical perspective on the analysis and evaluation of argumentative discourse, bringing together pragmatic insight concerning speech acts and dialectical insight concerning critical discussion. (shrink)

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. (...) Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject. (shrink)

This paper discusses the parameters of an arguer's duties on the "dialectical tier of argument appraisal." Argumentative burdens incurred in making proposals will be compared with probative obligations which may be taken on in advising. The burdens t ypically incurred in these two kinds of illocutionary acts are strikingly different; accordingly, the arguer's obligation to response to objections would be circumscribed differently depending on which speech acts initiates the dialogue. This claim has i mplications for how we delimit a "good (...) case" for deliberative propositions. It also casts light on "manifest rationality" and the role of rhetorical art in argumentation. (shrink)

In her 1997 OSSA paper, Trudy Govier discusses in detail my thesis that arguers have dialectical obligations. In a 1998 paper she further examines this thesis to see whether it is viable and concludes that it faces serious problems. In this paper, I assess the state of the thesis in light of Govier's discussion of it. I urge that we have something to gain from the empirical turn--from investigating best practices. At the end, I take a step back to ask (...) what is really at issue here and how it connect s to other issues in the theory of argument. (shrink)