This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Argumentation schemes are forms of argument that capture stereotypical patterns of human reasoning, especially defeasible ones like argument from expert opinion, that have proved troublesome to view deductively or inductively. Much practical work has already been done on argumentation schemes, proving their worth in A1 [19], but more precise investigations are needed to formalize their structures. The problem posed in this paper is what form justification of a given scheme, as having a certain precise structure of inference, should take. It (...) is argued that defeasible argumentation schemes require both a systematic and a pragmatic justification, of a kind that can only be provided by the case study method of collecting key examples of arguments of the types traditionally classified as fallacies, and subjecting them to comparative examination and analysis. By this method, postulated structures for schemes can be formulated as hypotheses to solve three kinds of problems: (1) how to classify such arguments into different types, (2) how to identify their premises and conclusions, and (3) how to formulate the critical questions used to evaluate each type of argument. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.

In this study John Bowlin argues that Aquinas's moral theology receives much of its character and content from an assumption about our common lot: the good we desire is difficult to know and to will, in particular because of contingencies of various kinds - within ourselves, in the ends and objects we pursue, and in the circumstances of choice. Since contingencies are fortune's effects, Aquinas insists that it is fortune that makes good choice difficult. Bowlin then explicates Aquinas's treatment of (...) a number of topics in light of this difficulty: the moral and theological virtues, the first precepts of the natural law, the voluntariness of virtuous action, and the happiness available to us in this life. By noting that Aquinas proceeds with an eye on fortune's threats to virtue, agency, and happiness, Bowlin places him more precisely in the history of ethics, among Aristotle, Augustine, and the Stoics. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski (1991), between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism (see Manning 2005, 2006), I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary (...) proceedings and legal texts. I then move on to considerations on rationality as a prerequisite for understanding the law and on the rational law-maker, an ideal construct proposed by Dascal and Wróblewski (1991). I argue that contextualism (of the moderate kind) is the best way to carry out the program by Dascal and Wróblewski on interpretation and the rational law-maker (also see considerations by Fish 2005); (on contextualism see Dascal and Weizman 1987). I argue that bearing in mind the rational law-maker postulated by Dascal and Wróblewski is a guidance to interpretation of statutes whose texts create interpretative difficulties. I conclude by saying that the considerations on the rational law-maker constitute a compromise between Scalia’s (1997) textualism and contextualism (see Manning 2005, 2006 on the divide between textualism and contextualism). (shrink)

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)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to a determination of whether an (...) argument in a specific case is relevant are not in these examples. The approach is based on a linguistic account of dialogue and text from congruity theory, and on the notion of a dialectical shift. Such a shift occurs where an argument starts out as fitting into one type of dialogue, but then it only continues to makes sense as a coherent argument if it is taken to be a part of a different type of dialogue. (shrink)

A revision of George Kennedy's translation of, introdution to, and commentary on Aristotle's On Rhetoric. His translation is most accurate, his general introduction is the most thorough and insightful, and his brief introductions to sections of the work, along with his explanatory footnotes, are the most useful available.

I propose some rules that regiment substitutions of NPs.

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

The purpose of this paper is to inquire into the relationship between persuasive definition and common knowledge (propositions generally accepted and not subject to dispute in a discussion). We interpret the gap between common knowledge and persuasive definition (PD) in terms of potential disagreements: PDs are conceived as implicit arguments to win a potential conflict. Persuasive definitions are analyzed as arguments instantiating two argumentation schemes, argument from classification and argument from values, and presupposing a potential disagreement. The argumentative structure of (...) PDs reveals different levels of disagreement, and different pos-sibilities of resolving the conflict or causing dialogical deadlock. (shrink)

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)

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...) with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise separately. (...) Our approach allows the burden of proof for a premise to be assigned to a different party than the one who has the burden of proving the conclusion of the argument, and also to change the burden of proof or applicable proof standard as the dialogue progresses from stage to stage. Useful for modeling legal dialogues, the burden of production and burden of persuasion can be handled separately, with a different responsible party and applicable proof standard for each. Carneades enables critical questions of argumentation schemes to be modeled as additional premises, using premise types to capture the varying effect on the burden of proof of different kinds of questions. (shrink)

The Pleadings Game is a major contribution to artificial intelligence and legal theory. The book draws on jurisprudence and moral philosophy to develop a formal model of argumentation called the pleadings game. From a technical perspective, the work can be viewed as an extension of recent argumentation-based approaches to non-monotonic logic: (1) the game is dialogical rather than mono-logical; (2) the validity and priority of defeasible rules is subject to debate; and (3) resource limitations are acknowledged by rules for fairly (...) dividing the burdens of representation and proof among the players. Gordon's work evaluates important jurisprudential theories of argumentation and reasoning in the context of the U.S. commercial law on secured transactions. Audience: It is not necessary to have a formal background in law to appreciate The Pleadings Game. It will be of equal interest to both the artificial intelligence community and legal theorists. (shrink)

This paper studies the use of hypothetical and value-based reasoning in US Supreme-Court cases concerning the United States Fourth Amendment. Drawing upon formal AI & Law models of legal argument a semi-formal reconstruction is given of parts of the Carney case, which has been studied previously in AI & law research on case-based reasoning. As part of the reconstruction, a semi-formal proposal is made for extending the formal AI & Law models with forms of metalevel reasoning in several argument schemes. (...) The result is compared with Rissland’s (1989) analysis in terms of dimensions and Ashley’s (2008) analysis in terms of his process model of legal argument with hypotheticals. (shrink)

Deliberative democracy puts communication and talk at the centre of democracy. Foundations and Frontiers of Deliberative Governance takes a fresh look at the foundations of the field, and develops new applications in areas ranging from citizen participation to the democratization of authoritarian states to the global system.

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

Temkin's book is a very original and deeply unsettling work of skeptical philosophy that mounts an important new challenge to contemporary ethics.

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as (...) topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom. (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)

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)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such (...) testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

What happens to our conception of mind and rational agency when we take seriously future-directed intentions and plans and their roles as inputs into further practical reasoning? The author's initial efforts in responding to this question resulted in a series of papers that he wrote during the early 1980s. In this book, Bratman develops further some of the main themes of these essays and also explores a variety of related ideas and issues. He develops a planning theory of intention. Intentions (...) are treated as elements of partial plans of action. These plans play basic roles in practical reasoning, roles that support the organization of our activities over time and socially. Bratman explores the impact of this approach on a wide range of issues, including the relation between intention and intentional action, and the distinction between intended and expected effects of what one intends. (shrink)

In this volume, Geurts takes discourse representation theory (DRT), and turns it into a unified account of anaphora and presupposition, which he applies not only to the standard problem cases but also to the interpretation of modal expressions, attitude reports, and proper names. The resulting theory, for all its simplicity, is without doubt the most comprehensive of its kind to date. The central idea underlying Geurts' 'binding theory' of presupposition is that anaphora is just a special case of presupposition projection. (...) But this is only one of the ways in which the concept of presupposition is taken beyond its traditional limits. Geurts shows, furthermore, that presupposition projection is crucially involved in several phenomena that are not usually viewed in presuppositional terms, such as modal subordination, de re readings of attitude reports, and rigid designation. While making his case for DRT and the binding theory, Geurts also presents an incisive analysis of what is probably still the most influential account of presupposition, viz. the satisfaction theory, demonstrating that there are fundamental problems not only with this theory but with the very framework in which it is couched. (shrink)

In informal terms, abductive reasoning involves inferring the best or most plausible explanation from a given set of facts or data. It is a common occurrence in everyday life and crops up in such diverse places as medical diagnosis, scientific theory formation, accident investigation, language understanding, and jury deliberation. In recent years, it has become a popular and fruitful topic in artificial intelligence research. This volume breaks new ground in the scientific, philosophical, and technological study of abduction. It presents new (...) ideas about inferential and information-processing foundations for knowledge and certainty. The authors argue that knowledge arises from experience by processes of abductive inference, in contrast to the view that it arises non-inferentially, or that deduction and inductive generalization are enough to account for knowledge. Much AI research is hypothetical, so the importance of this book is that it reports key discoveries about abduction that have been made as a result of designing, building, testing, and analyzing actual working knowledge-based systems for medical diagnosis and other abductive tasks. The book tells the story of six generations of increasingly sophisticated generic abduction machines, RED-1, RED-2, PEIRCE, MDX2, TIPS, QUAWDS, and the discovery of reasoning strategies that make it computationally feasible to form well-justified composite explanatory hypotheses, despite the threat of combinatorial explosion. The final chapter argues that perception is logically abductive and presents a layered-abduction computational model of perceptual information processing. This book will be of great interest to researchers in AI, cognitive science, and philosophy of science. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

This new edition of the classic Contemporary Theories of Knowledge has been significantly updated to include analyses of the recent literature in epistemology.

The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...) correct application of legal language may be diverse), and the importance of vagueness. (shrink)

[First Paragraph] Unlike so many other distinctions in philosophy, H P Grice's distinction between what is said and what is implicated has an immediate appeal: undergraduate students readily grasp that one who says 'someone shot my parents' has merely implicated rather than said that he was not the shooter [2]. It seems to capture things that we all really pay attention to in everyday conversation'this is why there are so many people whose entire sense of humour consists of deliberately ignoring (...) implicatures. ('Can you pass the salt?' 'Yes.') Unsurprisingly, it was quickly picked up and put to a wide variety of uses in not only in philosophy but also in linguistics and psychology. What is surprising, however, is that upon close inspection Grice's conception of implicature turns out to be very different from those at work in the literature which has grown out of his original discussion. This would not be much of a criticism of this literature were it not for the fact that discussions of implicature explicitly claim to be using Grice's notion, not some other one inspired by him (generally going so far as to quote one of Grice's characterisations of implicature). This still would not be terribly interesting if the notion Grice was actually carving out had little theoretical or practical utility. But I will argue here that Grice's own notion of implicature, one quite different from the ones most of us have come to work with, is in fact far more interesting and subtle than that which has been attributed to him. (shrink)

We present a computational model of dialectical argumentation that could serve as a basis for legal reasoning. The legal domain is an instance of a domain in which knowledge is incomplete, uncertain, and inconsistent. Argumentation is well suited for reasoning in such weak theory domains. We model argument both as information structure, i.e., argument units connecting claims with supporting data, and as dialectical process, i.e., an alternating series of moves by opposing sides. Our model includes burden of proof as a (...) key element, indicating what level of support must be achieved by one side to win the argument. Burden of proof acts as move filter, turntaking mechanism, and termination criterion, eventually determining the winner of an argument. Our model has been implemented in a computer program. We demonstrate the model by considering program output for two examples previously discussed in the artificial intelligence and legal reasoning literature. (shrink)

The abstract structure of inquiry - the process of acquiring and changing beliefs about the world - is the focus of this book which takes the position that the "pragmatic" rather than the "linguistic" approach better solves the philosophical problems about the nature of mental representation, and better accounts for the phenomena of thought and speech. It discusses propositions and propositional attitudes (the cluster of activities that constitute inquiry) in general and takes up the way beliefs change in response to (...) potential new information, suggesting that conditional propositions should be understood as projections of epistemic policies onto the world.Robert C. Stalnaker is a professor in the Sage School of Philosophy at Cornell University. A Bradford Book. (shrink)

This book brings together in one place David Hitchcock’s most significant published articles on reasoning and argument. In seven new chapters he updates his thinking in the light of subsequent scholarship. Collectively, the papers articulate a distinctive position in the philosophy of argumentation. Among other things, the author:• develops an account of “material consequence” that permits evaluation of inferences without problematic postulation of unstated premises.• updates his recursive definition of argument that accommodates chaining and embedding of arguments and allows any (...) type of illocutionary act to be a conclusion. • advances a general theory of relevance.• provides comprehensive frameworks for evaluating inferences in reasoning by analogy, means-end reasoning, and appeals to considerations or criteria.• argues that none of the forms of arguing ad hominem is a fallacy.• describes proven methods of teaching critical thinking effectively. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)