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.

This article concerns the structure of defeasible arguments like: 'If Bob has red spots, Bob has the measles; Bob has red spots; therefore Bob has the measles.' The issue is whether such arguments have the form of modus ponens or not. Either way there is a problem. If they don't have the form of modus ponens, the common opinion to the contrary taught in leading logic textbooks is wrong. But if they do have the form of modus ponens, doubts are (...) raised about the conventional dogma that all arguments having the form of modus ponens are deductively valid. By carefully examining arguments on both sides of the issue, reasonable doubts are raised about the view that all arguments having a modus ponens form are valid. (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)

The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...) not necessarily important whether that degree of belief exceeds a particular threshold (e.g., ‘reasonable doubt’). We explore the consequences of this distinction for the role that the “burden of proof” has played in argumentation and in theories of fallacy. (shrink)

This paper uses the language of formal dialectics to explore how argumentation schemes and their critical questions can be characterized as an extension to traditional dialectical systems. The aim is to construct a dialectical system in which the set of locutions is extended to include scheme-based moves the set of structural rules describes the roles that critical questioning can play; and the set of commitment rules distinguishes between exceptions and assumptions.

ABSTRACT Inspired by legal reasoning, this paper presents a semantics and proof theory of a system for defeasible argumentation. Arguments are expressed in a logic-programming language with both weak and strong negation, conflicts between arguments are decided with the help of priorities on the rules. An important feature of the system is that these priorities are not fixed, but are themselves defeasibly derived as conclusions within the system. Thus debates on the choice between conflicting arguments can also be modelled. The (...) semantics of the system is given with a fixpoint definition, while its proof theory is stated in dialectical style, where a proof takes the form of a dialogue between a proponent and an opponent of an argument: an argument is shown to be justified if the proponent can make the opponent run out of moves in whatever way the opponent attacks. (shrink)