A central theme throughout the impressive series of philosophical books and articles Stephen Toulmin has published since 1948 is the way in which assertions and opinions concerning all sorts of topics, brought up in everyday life or in academic research, can be rationally justified. Is there one universal system of norms, by which all sorts of arguments in all sorts of fields must be judged, or must each sort of argument be judged according to its own norms? In The Uses (...) of Argument Toulmin sets out his views on these questions for the first time. In spite of initial criticisms from logicians and fellow philosophers, The Uses of Argument has been an enduring source of inspiration and discussion to students of argumentation from all kinds of disciplinary background for more than forty years. (shrink)

This paper proposes a model ofratio decidendi as a justification structure consisting of a series of reasoning steps, some of which relate abstract predicates to other abstract predicates and some of which relate abstract predicates to specific facts. This model satisfies an important set of characteristics ofratio decidendi identified from the jurisprudential literature. In particular, the model shows how the theory under which a case is decided controls its precedential effect. By contrast, a purely exemplar-based model ofratio decidendi fails to (...) account for the dependency of precedential effect on the theory of decision. (shrink)