This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

Princeton University Press, 1974. This book is out of print, but can be downloaded as a pdf file (5 MB).

There was a long tradition in philosophy according to which good reasoning had to be deductively valid. However, that tradition began to be questioned in the 1960’s, and is now thoroughly discredited. What caused its downfall was the recognition that many familiar kinds of reasoning are not deductively valid, but clearly confer justification on their conclusions. Here are some simple examples.

This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches and legal arguments, the book offers a systematic study of emotive language in argumentation, rhetoric, (...) communication, political science and public speaking. (shrink)

An abstract framework for structured arguments is presented, which instantiates Dung's ('On the Acceptability of Arguments and its Fundamental Role in Nonmonotonic Reasoning, Logic Programming, and n- Person Games', Artificial Intelligence , 77, 321-357) abstract argumentation frameworks. Arguments are defined as inference trees formed by applying two kinds of inference rules: strict and defeasible rules. This naturally leads to three ways of attacking an argument: attacking a premise, attacking a conclusion and attacking an inference. To resolve such attacks, preferences may (...) be used, which leads to three corresponding kinds of defeat: undermining, rebutting and undercutting defeats. The nature of the inference rules, the structure of the logical language on which they operate and the origin of the preferences are, apart from some basic assumptions, left unspecified. The resulting framework integrates work of Pollock, Vreeswijk and others on the structure of arguments and the nature of defeat and extends it in several respects. Various rationality postulates are proved to be satisfied by the framework, and several existing approaches are proved to be a special case of the framework, including assumption-based argumentation and DefLog. (shrink)

The existing literature treats of several investigations with a certain bearing on the question which is roughly indicated by the title “Imperatives and Logic.” Some of those investigations, however, are entirely outside the scope of the present work.Mally sets himself the task of developing a “Logik des Willens” constituting a parallel to the usual logic, the “Logik des Denkens". In order to emphasize its independence, the author also calls this “Logik des Willens” “Deontik”, and he conceives it as being based (...) on the “Wesensgesetze” of will in the same way as the usual logic is conceived as being based on the “Wesensgesetze” of thought. The author develops a formalistic deductive system on the basis of 5 axioms of demands, including the axiom that there is at least one fact which is unconditionally demanded, and through a lengthy series of theorems he arrives at the sentence that what is unconditionally demanded is identical with what is actually the case: “was sein soll, ist Tatsache”. Similarly, the author develops a system of axioms for “right” volition, including the axiom that right volition is non-contradictory. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

It has long ben recognised that there are referential uses of definite descriptions. It is not as widely recognised that there are atttributives uses of idexicals and other such paradigmatically singular terms. I offer an account of the referential/attributive distinction which is intended to give a unified treatment of both sorts of cases. I argue that the best way to account for the referential/attributive distinction is to treat is as semantically underdetermined which sort of propositions is expressed in a context. (...) In certain contexts the proposition expressed will be a descriptive one, and in others it will be an object-dependent one. I appeal to Sperer and Wilson's (1986) idea that the recovery of the content of an utterance involves pragmatic processes of enrichment of a representation of the logical form of utterance. According to the account I offer, the first-level descriptive meaning associated with an expression (whether this is an indexical or a definite description) is pragmatically enriched and then used either to track an individual in the context, or is taken to lay down a condition of satisfaction for an individual. The proposition that the listener takes the speaker to have expressed is recovered on the basis of considerations of relevance and contextually available information about the speaker's directive intentions. Although my account has affinities with those of Recanati (1993) and Nunberg (1993), it also differs from theirs in crucial ways. Each of these authors sees asymmetries where I see none. I give reasons for preferring my symmetrical account. (shrink)

Explicatures are not cancellable. Theoretical considerations.

A general outline of a theory of reasoned dialogue is presented as an underlying basis of critical analysis of a text of argument discourse. This theory is applied to the analysis of informal fallacies by showing how textual evidence can be brought to bear in argument reconstruction. Several basic types of dialogue are identified and described, but the persuasive type of dialogue is emphasized as being of key importance to critical thinking theory.

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...) this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

This book is a study of the role of intellect in human action as described by Thomas Aquinas. One of its primary aims is to compare the interpretation of Aristotle by Aquinas with the lines of interpretation offered in contemporary Aristotelian scholarship. The book seeks to clarify the problems involved in the appropriation of Aristotle's theory by a Christian theologian, including such topics as the practical syllogism and the problems of akrasia. Westberg argues that Aquinas was much closer to Aristotle (...) than is often recognized, and he puts forward important new interpretations of the relation of intellect and will in the stages of intention, deliberation, decision, and execution. In the concluding section of the book, he shows how this new interpretation yields fruitful insights on a range of theological topics, including sin, law, love, and the moral virtues. (shrink)

It is a commonly raised argument against the family resemblance account of concepts that there is no limit to a concept's extension. An account of family resemblance which attempts to provide a solution to this problem by including both similarity among instances and dissimilarity to non-instances has been developed by the philosopher of science Thomas Kuhn. Similar solutions have been hinted at in the literature on family resemblance concepts, but the solution has never received a detailed investigation. I shall provide (...) a reconstruction of Kuhn's theory and argue that his solution necessitates a developmental perspective wchich builds on both the transmission of taxonomies between generations and a progressive development through history. (shrink)

A judicious collection of old and new, these volumes include sixteen essays published in the 1980s and 1990s, nine published since 2000, and six new essays.

H. L. A. Hart and the "Open Texture" of Language tries to clarify the writings of both Hart and Friedrich Waismann on "open texture". In Waismann's work, "open texture" referred to the potential vagueness of words under extreme (hypothetical) circumstances. Hart's use of the term was quite different, and his work has been misunderstood because those differences were underestimated. Hart should not be read as basing his argument for judicial discretion on the nature of language; primarily, he was putting forward (...) a policy argument for why rules should be applied in a way which would require that discretion. (shrink)

Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...) concept defined, or listing the constituent parts of the denotatum. All these definitions play different argumentative roles in legal discourse. At a third level, definitions can be thought of as premises in complex patterns of reasoning (for the subject of reasoning from definition in law, see Aarnio 1977; Moore 1980; Lindahl, 2004). They constitute the fundamental element of argument from classification, namely a pattern of inference in which a new property (or a name) is attributed to an entity on the basis of other properties. (shrink)

What are the implications of taking seriously Chaïm Perelman's proposition that “definitions are rhetorical”? Efforts to find Real Definitions are dysfunctional to the extent they direct argumentation toward pseudo “is” claims and away from explicit “ought” claims about how words are to be used. Addressing definitional disputes explicitly as propositions ofought rather thanis could put on the agenda the pragmatic concerns of definitional choice that might otherwise remain tacit.

Persuasive definitions – those that convey an attitude in the act of naming – are frequently employed in discourse and are a form of strategic maneuvering. The dynamics of persuasive definition are explored through brief case studies and an extended analysis of the use of the “war” metaphor in responding to terrorism after September 11, 2001. Examining persuasive definitions enables us to notice similarities and differences between strategic maneuvering in dialectical and in rhetorical argument, as well as differences between the (...) role of strategic maneuvering in normatively ideal argument and in actually existing argument. This will avoid the double standard of comparing ideal dialectic with actual rhetoric, or vice versa. The results of the analysis suggest possibilities for a rapprochement between dialectical and rhetorical approaches to argumentation. (shrink)