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

Domain constraint, the requirement that analogues be selected from "the same category," inheres in the popular saying "you can't compare apples and oranges" and the textbook principle "the greater the number of shared properties, the stronger the argument from analogy." I identify roles of domains in biological, linguistic, and legal analogy, supporting the account of law with a computer word search of judicial decisions. I argue that the category treatments within these disciplines cannot be exported to general informal logic, where (...) the relevance of properties, not their number, must be the logically prior criterion for evaluating analogical arguments. (shrink)

Premissary relevance is a property of arguments understood as speech act complexes. It is explicable in terms of the idea of a premise's lending support to a conclusion. Premissary relevance is a function of premises belonging to a set which authoritatively warrants an inference to a conclusion. An authoritative inference warrant will have associated with it a conditional proposition which is true— that is to say, which can be justified. The study of the Aristotelian doctrine of topoi or argument schemes (...) may contribute to the task of identifying authoritative warrants. (shrink)

I argue that gensler's claims (in "philosophical studies" 48:57-72 and 49:83-98) about abortion are unsound. In addition, His argument is not a kantian consistency argument as he claims, But consequentialism in disguise.

Recent theorizing and research concerning the pragmatics of analogy in persuasion posits that it serves two communicative functions. Specifically, rebuttal analogy instrumentally functions as argument and also as a social attack device used to demean the competence or character of opponents. The study reported here empirically investigated message receivers' perceptions of rebuttal analogy users. Participants were exposed to one of four messages employing rebuttal analogy or to one of the same four messages with a nonanalogy version of the rebuttal argument. (...) As anticipated, the findings revealed that participants perceived the communicator employing rebuttal analogy as less ethical and less competent than communicators using nonanalogy counterparts. These results are discussed and future research is proposed. (shrink)

This paper, based on research in a forthcoming monograph, Commitment in Dialogue, undertaken jointly with Erik Krabbe, explains several informal fallacies as shifts from one type of dialogue to another. The normative framework is that of a dialogue where two parties reason together, incurring and retracting commitments to various propositions as the dialogue continues. The fallacies studied include the ad hominem, the slippery slope, and many questions.

Analogies come in several forms that serve distinct functions. Inductive analogy is a common type of analogical argument, but critical thinking texts sometimes treat all analogies as inductive. Such an analysis ignores figurative analogies, which may elucidate but do not argue; and also neglects a priori arguments by analogy, a type of analogical argument prominent in law and ethics. A priori arguments by analogy are distinctive, but--contrary to the claims of Govier and Sunstein-they are best understood as deductive, rather than (...) a special form of non deductive reasoning. (shrink)

This paper presents an analysis of the concept of burden of proof in argument. Relationship of burden of proof to three traditional informal fallacies is considered: (i) argumentum ad hominem, (ii) petitio principii, and (iii) argumentum ad ignorantiam. Other topics discussed include persuasive dialoque, pragmatic reasoning, legal burden of proof, plausible reasoning in regulated disputes, rules of dialogue, and the value of reasoned dialogue.

ABSTRACT: In this essay I characterize arguments by analogy, which have an impor- tant role both in philosophical and everyday reasoning. Arguments by analogy are dif- ferent from ordinary inductive or deductive arguments and have their own distinct features. I try to characterize the structure and function of these arguments. It is further discussed that some arguments, which are not explicit arguments by analogy, nevertheless should be interpreted as such and not as inductive or deductive arguments. The result is that (...) a presumed outcome of a philosophical dispute will have to be reconsidered. (shrink)

The phrase ‘burden of proof’ or ‘onus probandi’ originally referred to something determined by a judge in a legal proceeding. Some claims would be accepted as true by the court, and other relevant claims would require proving. The burden of doing this proving could be assigned to one or another party by the judge. Success or failure to meet this burden could be determined by the judge or the jury, as could consequences of success or failure.

The works of the Tibetan logician Phya pa Chos kyi seng ge (1109–1169) make abundant use of a particular type of argument that I term ‘argument by parallels’. Their main characteristic is that the instigator of the argument, addressing a thesis in a domain A, introduces a parallel thesis in an unrelated domain B. And in the ensuing dialogue, each of the instigator’s statements consists in replicating his interlocutor’s previous assertion, mutatis mutandis, in the other domain (A or B). I (...) show that such a dialogue involves two parallel arguments that develop in an intersecting zigzag pattern, and discuss the principles involved in the establishment of the conclusion from the perspective of parity of reasoning and analogical argument. I examine the overall rhetorical strategy directing the use of arguments by parallels and the pedagogical and explanatory functions they can serve. I also evaluate the plausibility of their use in Phya pa Chos kyi seng ge’s works mirroring a contemporary practice of oral debate, and reflect on the status of such arguments in the framework of Indo-Tibetan logic. (shrink)

Bruce Waller has defended a deductive reconstruction of the kinds of analogical arguments found in ethics, law, and metaphysics. This paper demonstrates the limits of such a reconstruction and argues for an alternative. non-deductive reconstruction. It will be shown that some analogical arguments do not fit Waller's deductive schema, and that such a schema does not allow for an adequate account of the strengths and weaknesses of an analogical argument. The similarities and differences between the account defended herein and the (...) Trudy Govier's account are discussed as well. (shrink)

Bruce Waller has defended a deductive reconstruction of the kinds of analogical arguments found in ethics, law, and metaphysics. This paper demonstrates the limits of such a reconstruction and argues for an alternative. non-deductive reconstruction. It will be shown that some analogical arguments do not fit Waller's deductive schema, and that such a schema does not allow for an adequate account of the strengths and weaknesses of an analogical argument. The similarities and differences between the account defended herein and the (...) Trudy Govier's account are discussed as well. (shrink)

This is an introductory guide to the basic principles of constructing good arguments and criticizing bad ones. It is nontechnical in its approach, and is based on 150 key examples, each discussed and evaluated in clear, illustrative detail. The author explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound argument strategies for reasoned persuasion and critical questions for responding. Among the many subjects covered are: techniques of posing, (...) replying to, and criticizing questions, forms of valid argument, relevance, appeals to emotion, personal attack, uses and abuses of expert opinion, problems in deploying statistics, loaded terms, equivocation, and arguments from analogy. (shrink)

Thirteen (largely) thematically unconnected essays dealing with some ultimate, but not esoteric, questions in modern metaphysical epistemology.

_Arguments from Ignorance _explores the situations in which the argument from ignorance functions as a respectable form of reasoning and those in which it is indeed fallacious. Douglas Walton draws on everyday conversations on all kinds of practical matters in which the _argumentum ad ignorantiam _is used quite appropriately to infer conclusions. He also discusses the inappropriate use of this kind of argument, referring to various major case studies, including the Salem witchcraft trials, the McCarthy hearings, and the Alger Hiss (...) case. This book makes an original contribution in the areas of argumentation theory and informal logic, contending that, despite its traditional classification as a fallacy, the argument from ignorance is a genuine, very common, and legitimate type of argumentation with an identifiable structure. But the book is also interdisciplinary in scope, explaining many widely interesting and controversial subjects in artificial intelligence, medical education, philosophy of science, and philosophy of law in a clear way that makes it accessible to a broad range of readers. (shrink)

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

This is an introductory guide to the basic principles of constructing good arguments and criticizing bad ones. It is nontechnical in its approach, and is based on 150 key examples, each discussed and evaluated in clear, illustrative detail. The author explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound argument strategies for reasoned persuasion and critical questions for responding. Among the many subjects covered are: techniques of posing, (...) replying to, and criticizing questions, forms of valid argument, relevance, appeals to emotion, personal attack, uses and abuses of expert opinion, problems in deploying statistics, loaded terms, equivocation, and arguments from analogy. (shrink)

This paper defines the form of prior knowledge that is required for sound inferences by analogy and single-instance generalizations, in both logical and probabilistic reasoning. In the logical case, the first order determination rule defined in Davies (1985) is shown to solve both the justification and non-redundancy problems for analogical inference. The statistical analogue of determination that is put forward is termed 'uniformity'. Based on the semantics of determination and uniformity, a third notion of "relevance" is defined, both logically and (...) probabilistically. The statistical relevance of one function in determining another is put forward as a way of defining the value of information: The statistical relevance of a function F to a function G is the absolute value of the change in one's information about the value of G afforded by specifying the value of F. This theory provides normative justifications for conclusions projected by analogy from one case to another, and for generalization from an instance to a rule. The soundness of such conclusions, in either the logical or the probabilistic case, can be identified with the extent to which the corresponding criteria (determination and uniformity) actually hold for the features being related. (shrink)

In the first chapter, I explain the concept of awareness and the distinction between direct and indirect awareness. Direct awareness of x is understood as awareness of x which is not based on awareness of anything else, and the "based on" relation is understood as a particular way in which one state of awareness can be caused by another state of awareness when the contents of the two states are logically related.