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)

Six experiments explored the hypothesis that the members of categories which are considered most prototypical are those with most attributes in common with other members of the category and least attributes in common with other categories. In probabilistic terms, the hypothesis is that prototypicality is a function of the total cue validity of the attributes of items. In Experiments 1 and 3, subjects listed attributes for members of semantic categories which had been previously rated for degree of prototypicality. High positive (...) correlations were obtained between those ratings and the extent of distribution of an item's attributes among the other items of the category. In Experiments 2 and 4, subjects listed superordinates of category members and listed attributes of members of contrasting categories. Negative correlations were obtained between prototypicality and superordinates other than the category in question and between prototypicality and an item's possession of attributes possessed by members of contrasting categories. Experiments 5 and 6 used artificial categories and showed that family resemblance within categories and lack of overlap of elements with contrasting categories were correlated with ease of learning, reaction time in identifying an item after learning, and rating of prototypicality of an item. It is argued that family resemblance offers an alternative to criterial features in defining categories. (shrink)

In order to summarize a story, it is necessary to access a high level analysis of the story that highlights its central concepts. A technique of memory representation based on plot units appears to provide a rich foundation for such an analysis. Plot units are conceptual structures that overlap with each other when a narrative is cohesive. When overlapping intersections between plot units are interpreted as arcs in a graph of plot units, the resulting graph encodes the plot of the (...) story. Structural features of the graph then reveal which concepts are central to the story, and which concepts are peripheral. Plot unit analysis is currently being investigated as a processing strategy for narrative summarization by both computer simulation and psychological experiments. (shrink)

As new unanticipated items are added to a memory, it must be able to reorganize itself, integrating the new items into its structure. The reorganization process must maintain the memory's structure and also build up the knowledge retrieval strategies need to search that structure. This study will present an algorithm for knowledge‐based memory reorganization. Included in that algorithm are processes for directed generalization and generalization refinement. A fact retrieval system called CYRUS which uses the algorithm is also presented. Conclusions are (...) drawn about maintaining accessibility in a conceptual memory, organizing generalized knowledge with respect to specific knowledge, and expected retrieval failures due to change over time in the memory's organization. (shrink)

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and (...) on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998. (shrink)

In this paper we look at some of the ingredients and processes involved in the understanding of mathematics. We analyze elements of mathematical knowledge, organize them in a coherent way and take note of certain classes of items that share noteworthy roles in understanding. We thus build a conceptual framework in which to talk about mathematical knowledge. We then use this representation to describe the acquisition of understanding. We also report on classroom experience with these ideas.

We discuss several aspects of legal arguments, primarily arguments about the meaning of statutes. First, we discuss how the requirements of argument guide the specification and selection of supporting cases and how an existing case base influences argument formation. Second, we present,our evolving taxonomy of patterns of actual legal argument. This taxonomy builds upon our much earlier work on argument moves and also on our more recent analysis of how cases are used to support arguments for the interpretation of legal (...) statutes. Third, we show how the theory of argument used by CABARET, a hybrid case-based/rule-based reasoner, can support many of the argument patterns in our taxonomy. (shrink)

In this article we evaluate the BankXX program from several perspectives. BankXX is a case-based legal argument program that retrieves cases and other legal knowledge pertinent to a legal argument through a combination of heuristic search and knowledge-based indexing. The program is described in detail in a companion article in Artificial Intelligence and Law 4: 1--71, 1996. Three perspectives are used to evaluate BankXX:(1) classical information retrieval measures of precision and recall applied against a hand-coded baseline; (2) knowledge-representation and case-based (...) reasoning, where the baseline is provided by the functionality of a well-known case-based argument program, HYPO (Ashley, 1990); and (3) search, in which the performance of BankXX run with various parameter settings, for instance, resource limits, is compared. In this article we report on an extensive series of experiments performed to evaluate the program. We also describe two additional experiments concerning(1) the program's search behavior; and (2) the use of a modified form of precision and recall based on case similarity. Finally we offer some general conclusions that might be drawn from these particular experiments. (shrink)