Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method is inductive, bottom-up, (...) gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (shrink)

This paper offers insights into the nature and design of critical questions as they are found in argumentation schemes. In the first part of the paper, I address some general concerns regarding their purpose and formulation. These include a discussion of their evaluative function, their relationship with the patterns of reasoning they accompany, as well as the differing formulations of critical questions currently on offer. I argue that the purpose of critical questions for humans ought to be to provide the (...) means for a scalar evaluation of the reasoning at hand. To do so, critical questions should be closely paired with individual premises in the accompanying pattern of reasoning and be open-ended. Doing so allows the roles of raising considerations relevant for the reasoning and scrutinizing those considerations to be clearly distinguished. In the second part of the paper, I offer a positive methodological proposal for the construction of questions and premises that aims at overcoming a number of the individual and systematic shortcomings of extant question styles. The paper concludes by arguing that the newly proposed approach is both normatively strong and practically useful for argumentation in context. (shrink)

In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

According to the argument scheme approach, to evaluate a given scheme-saturating instance completely does entail asking all critical questions relevant to it. Although this is a central task for argumentation theorists, the field currently lacks a method for providing a complete argument evaluation. Approaching this task at the meta-level, we combine a logical with a substantive approach to the argument schemes by starting from Toulmin’s schema: ‘data, warrant, so claim’. For the yet more general schema: ‘premise; if premise, then conclusion; (...) so conclusion’, we forward a meta-level CQ-list that is arguably both complete and applicable. This list should inform ongoing theoretical efforts at generating appropriate object-level CQs for specific argument schemes. (shrink)

Argumentation theorists often disagree about which scheme best represents a given type of argument. Unfortunately, authors sometimes become involved in fruitless pseudo-agreement because they fail to perceive that their supposedly competing schemes are means for achieving different practical or theoretical goals. This paper explains some of the different purposes that an argument scheme may serve, and it indicates how the relevant type of pseudo-disagreement may be avoided.

This paper shows how the critical questions matching an argumentation scheme can be mod-eled in the Carneades argumentation system as three kinds of premises. Ordinary premises hold only if they are supported by sufficient arguments. Assumptions hold, by default, until they have been questioned. With exceptions the negation holds, by default, until the exception has been supported by sufficient arguments. By “sufficient arguments”, we mean arguments sufficient to satisfy the applicable proof standard.

This paper aims at a normative account of non-deductive argumentation schemes in the spirit of Hamblin’s dialectical philosophy. First, three principles are presented that characterize Hamblin’s dialectical stance. Second, argumentation schemes, which have hardly been examined in Hamblin’s book Fallacies, shall be dealt with by applying these principles, taking an argumentation scheme from authority as the leading example. Third, a formal dialectical system, along the lines indicated by Hamblin, shall be developed that includes norms for using argumentation schemes and norms (...) for responding to arguments that are presented as instantiating acceptable argumentation schemes. (shrink)

This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to (...) Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and develop an account of the relationship between critical questions and burden of proof. Our ultimate aim is to initiate a reconciliation between dialectical and informal logic approaches to the schemes. (shrink)

This paper aims at a normative account of non-deductive argumentation schemes in the spirit of Hamblin’s dialectical philosophy. First, three principles are presented that characterize Hamblin’s dialectical stance. Second, argumentation schemes, which have hardly been examined in Hamblin’s book Fallacies, shall be dealt with by applying these principles, taking an argumentation scheme from authority as the leading example. Third, a formal dialectical system, along the lines indicated by Hamblin, shall be developed that includes norms for using argumentation schemes and norms (...) for responding to arguments that are presented as instantiating acceptable argumentation schemes. (shrink)

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal (...) certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

The concepts of reasons as supporting elements, of practical reason as a capacity, and of practical reasoning as a process are central in the theory of action. This paper provides a brief account of each. Several kinds of reason for action are distinguished. Practical reason is characterized both as a capacity whose exercise is largely constituted by a kind of responsiveness to reasons and as governed by certain normative principles; and practical reasoning is described as a kind of mental process (...) in which reasons figure as premises and, from those premises, a practical conclusion is drawn. Much of the paper undertakes two related tasks: to distinguish the main kinds of practical reasoning and the associated criteria of assessment and to formulate some important substantive principles of practical reason. These principles yield criteria of several sorts: logical, inferential, epistemic, and material. On the theory presented, although any (non‐basic) intentional act can be grounded in practical reasoning, the same acts can be performed for the relevant reason(s) without being so grounded, and in either case their rationality depends on adequate support by the reason(s). One kind of reason is commonly thought to be captured by Kantian hypothetical imperatives. The final sections explore what constitutes a hypothetical imperative and what other principles are needed to account for practical rationality. A major conclusion is that in the domain of practical reason, if there are no categorical imperatives, there are no hypothetical imperatives either. (shrink)