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)

. While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...) a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

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.

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

In this paper, I argue that many arguments from expert opinion are strong arguments. Therefore, in many cases it is rational to rely on experts since in many cases the fact that an expert says that p makes it highly likely that p is true. I will defend this claim by providing 5 arguments that illuminate and elaborate on 5 crucial claims about expertise. In this way, I aim to undermine recent attempts to establish a rampant scepticism about arguments from (...) expert opinion. (shrink)

In this paper, I argue that arguments from expert opinion, i.e., inferences from “Expert E says that p” to “p,” where the truth value of p is unknown, are weak arguments. A weak argument is an argument in which the premises, even if true, provide weak support—or no support at all—for the conclusion. Such arguments from expert opinion are weak arguments unless the fact that an expert says that p makes p significantly more likely to be true. However, research on (...) expertise shows that expert opinions are only slightly more accurate than chance and much less accurate than decision procedures. If this is correct, then it follows that arguments from expert opinion are weak arguments. (shrink)

In this paper, I reply to Seidel’s objections against my argument from expert performance to the effect that arguments from expert opinion are weak arguments. I clarify what Seidel takes to be unclear points in my argument and show that it withstands Seidel’s objections.

Using the profiles of dialogue method we identify a species of ad verecundiam fallacy that works by forestalling of questioning in arguments from expert opinion. A profile of dialogue is a graph structure used to model a sequence of speech acts surrounding both the putting forward of an argument and the response to it at the next moves in a dialogue. The method is applied to a case of cross-examining a software engineer in a legal deposition in a case of (...) intellectual property litigation. (shrink)

A detailed treatment regarding the diverse properties and uses of evidence and the judgmental tasks they entail. Examines various processes by which evidence may be developed or discovered. Considers the construction of arguments made in defense of the relevance and credibility of individual items and masses of evidence as well as the task of assessing the inferential force of evidence. Includes over 100 numerical examples to illustrate the workings of diverse probabilistic expressions for the inferential force of evidence and the (...) subtleties they reveal. (shrink)

In this book a theory of reasoning with evidence in the context of criminal cases is developed. The main subject of this study is not the law of evidence but rather the rational process of proof, which involves constructing, testing and justifying scenarios about what happened using evidence and commonsense knowledge. A central theme in the book is the analysis of ones reasoning, so that complex patterns are made more explicit and clear. This analysis uses stories about what happened and (...) arguments to anchor these stories in evidence. Thus the argumentative and the narrative approaches from the research in legal philosophy and legal psychology are combined. Because the book describes its subjects in both an informal and a formal style, it is relevant for scholars in legal philosophy, AI, logic and argumentation theory. The book can also appeal to practitioners in the investigative and legal professions, who are interested in the ways in which they can and should reason with evidence. (shrink)