This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

"First published by Oxford University Press, 1916."--Title page verso.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 93-112 [Access article in PDF] Enthymemes, Common Knowledge, and Plausible Inference Douglas Walton The study of enthymemes has always been regarded as important in logic, critical thinking, and rhetoric, but too often it is the formal or mechanistic aspect of it that has been in the forefront. This investigation will show that there is a kind of plausibilistic script-based reasoning, of a kind that (...) has mainly been studied in artificial intelligence, that should have a much more important role to play in the study of enthymemes. But then curiously, as will also be shown, this plausibilistic type of reasoning was familiar in the ancient world, to the Sophists, as well as to leading philosophers such as Plato and Aristotle. By linking this ancient notion of plausibility to the modern notion used in computer science, this investigation reveals an important basis for the enthymeme that has a type of logical structure in its own right, but also has an informal aspect.An enthymeme, in current usage, is an argument that has one or more premises, or possibly a conclusion, not explicitly stated in the text, but that needs to have these propositions explicitly stated to extract the complete argument from the text. Sometimes enthymemes are described as arguments with "missing premises." That vocabulary is awkward, however, because the nonexplicit statement that needs to be added can be a conclusion, at least in a minority of cases. To make the exposition below smoother, the term nonexplicit assumption will be used to cover either the case of a nonexplicit premise or that of a nonexplicit conclusion. The problem with enthymemes is that if the nonexplicit assumptions in an argument are supposed to be propositions used by the arguer (as opposed to just the propositions needed to make the argument structurally correct, according to some standard), reasonable people can have differences of opinion on what the nonexplicit assumptions are supposed to be. The problem is that filling in the missing parts of enthymemes depends on interpreting the natural language [End Page 93] in which the argument was put forward to try to determine what the speaker meant to say.The solution to the problem comes through the recognition that enthymemes rest not only on formal (structural) criteria, but also on informal criteria. One of the most important of these informal criteria is something often called "common knowledge" (Govier 1992; Freeman 1995). But as shown below in a set of selected case studies of enthymemes, "common knowledge" is not really a kind of knowledge at all. It is really plausibility, or eikos, something well known in the ancient world and often misleadingly translated as "probability." Curiously, Aristotle's original doctrine of the enthymeme was based on this notion of plausibility. This historical fact has often been a source of puzzlement and confusion, and sometimes it has even been taken to indicate a defect or contradiction in Aristotle's treatment of the enthymeme. However, the goal of this investigation is not primarily historical. It is to work out one of the most important required steps toward a solution to the problem of enthymemes. But to do this, it is necessary to come back to the ancient notion of plausible inference. 1. The problem with enthymemes Once you have any formal theory of inference, like syllogistic, for example, you will be confronted by cases of arguments in everyday discourse that meet all the requirements for a structurally correct inference except that some part or parts, usually a premise or a conclusion, is missing. By "missing" is meant that the proposition in question has not been explicitly stated in the text of discourse, even though it may be clear enough that the speaker (writer) was relying on it, or including it, as part of the argument. The classic example is the following inference: All men are mortal; therefore, Socrates is mortal. To evaluate such an argument, surely some account of the "hidden" or "missing" assumption needs to be taken. The problem with enthymemes (Burke 1985; Gough and Tindale 1985; Hitchcock 1985) is that, if given carte... (shrink)

This article investigates to what extent protocols for dynamicdisputes, i.e., disputes in which the information base can vary at differentstages, can be justified in terms of logics for defeasible argumentation. Firsta general framework is formulated for dialectical proof theories for suchlogics. Then this framework is adapted to serve as a framework for protocols fordynamic disputes, after which soundness and fairness properties are formulated for such protocols relative to dialectical proof theories. It then turns out that certaintypes of protocols that are (...) perfectly fine with a static information base, arenot sound or fair in a dynamic setting. Finally, a natural dynamic protocolis defined for which soundness and fairness can be established. (shrink)

This article investigates to what extent protocols for dynamicdisputes, i.e., disputes in which the information base can vary at differentstages, can be justified in terms of logics for defeasible argumentation. Firsta general framework is formulated for dialectical proof theories for suchlogics. Then this framework is adapted to serve as a framework for protocols fordynamic disputes, after which soundness and fairness properties are formulated for such protocols relative to dialectical proof theories. It then turns out that certaintypes of protocols that are (...) perfectly fine with a static information base, arenot sound or fair in a dynamic setting. Finally, a natural dynamic protocolis defined for which soundness and fairness can be established. (shrink)

The importance of the notion of common knowledge in sustaining cooperative outcomes in strategic situations is well appreciated. However, the systematic analysis of the extent to which small departures from common knowledge affect equilibrium in games has only recently been attempted.We review the main themes in this literature, in particular, the notion of common p-belief. We outline both the analytical issues raised, and the potential applicability of such ideas to game theory, computer science and the philosophy of language.

In order to capture the concept of common knowledge, various extensions of multi-modal epistemic logics, such as fixed-point ones and infinitary ones, have been proposed. Although we have now a good list of such proposed extensions, the relationships among them are still unclear. The purpose of this paper is to draw a map showing the relationships among them. In the propositional case, these extensions turn out to be all Kripke complete and can be comparable in a meaningful manner. F. Wolter (...) showed that the predicate extension of the Halpern-Moses fixed-point type common knowledge logic is Kripke incomplete. However, if we go further to an infinitary extension, Kripke completeness would be recovered. Thus there is some gap in the predicate case. In drawing the map, we focus on what is happening around the gap in the predicate case. The map enables us to better understand the common knowledge logics as a whole. (shrink)

Argumentation is a dialogical attempt to bring about a desired change in the beliefs of another agent – that is, to trigger a specific belief revision process in the mind of such agent. However, so far formal models of belief revision widely neglected any systematic comparison with argumentation theories, to the point that even the simplest argumentation structures cannot be captured within such models. In this essay, we endeavour to bring together argumentation and belief revision in the same formal framework, (...) and to highlight the important role played by Toulmin’s layout of argument in fostering such integration. (shrink)