Argumentation schemes can be described as abstract structures representing the most generic types of argument, constituting the building blocks of the ones used in everyday reasoning. This paper investigates the structure, classification, and uses of such schemes. Three goals are pursued: 1) to describe the schemes, showing how they evolved and how they have been classified in the traditional and the modern theories; 2) to propose a method for classifying them based on ancient and modern developments; (...) and 3) to outline and show how schemes can be used to describe and analyze or produce real arguments. To this purpose, we will build on the traditional distinctions for building a dichotomic classification of schemes, and we will advance a modular approach to argument analysis, in which different argumentation schemes are combined together in order to represent each step of reasoning on which a complex argument relies. Finally, we will show how schemes are applied to formal systems, focusing on their applications to Artificial Intelligence, AI & Law, argument mining, and formal ontologies. (shrink)

The paper develops a classificatory system of basic argument types on the basis of the epis-temological approach to argumentation. This approach has provided strict rules for several kinds of argu-ments. These kinds may be brought into a system of basic irreducible types, which rely on different parts of epistemology: deductive logic, probability theory, utility theory. The system reduces a huge mass of differ-ent argument schemes to basic types and gives them an epistemological foundation.

Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century until (...) nowadays. With his book Argumentation schemes for presumptive reasoning, Walton attempted to start a dialogue between three different fields or views on human reasoning – one (argumentation theory) very recent, one (dialectics) very ancient and with a very long tradition, and one (formal logic) relatively recent, but dominating in philosophy. Argumentation schemes were proposed as dialectical instruments, in the sense that they represented arguments not only as formal relations, but also as pragmatic inferences in the sense that they depend on what the interlocutors share and accept in a given dialogical circumstance and affect their dialogical relation. In this introduction, the notion of argumentation scheme will be analyzed in detail, showing its different dimensions and its defining features which make them an extremely useful instrument in Artificial Intelligence. This theoretical background will be followed by a literature review on the uses of the schemes in computing, aimed at identifying the most important areas and trends, the most promising proposals, and the directions of future research. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

This paper argues for a reinterpretation of Aristotle's concept of an enthymeme and also his wider informal logic in terms of arguments that are defeasible. They are represented by forms of argument that are called argumentation schemes, considered to be similar to forms of argument found in deductive logic, but different from the foregoing in virtue of their being defeasible. Indeed, the most interesting schemes have been put forward as a helpful way of characterizing structures of (...) human reasoning that have proved troublesome to model deductively. The paper sheds new light on Aristotle's topics and how to dene `enthymeme'. If the traditional denition of an enthymeme in logic accepted for over two thousand years is a misnomer, the question is raised whether we ought to redene it as a defeasible argumentations scheme or leave things as they are. (shrink)

One of the crucial problems of argumentation schemes as illustrated in (Walton, Reed & Macagno 2008) is their practical use for the purpose of analyzing texts and producing arguments. The high number and the lack of a classification criterion make this instrument extremely difficult to apply practically. The purpose of this paper is to analyze the structure of argumentation schemes and outline a possible criterion of classification based on alternative and mutually-exclusive possibilities. Such a criterion is based not (...) on what an argument is, but how it can be understood and interpreted. The schemes are grouped according to an end-means principle, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises in (...) students’ argumentative reasoning and retrieving the background beliefs that are the basis of their arguments. On this perspective, the process of premise reconstruction is followed by a heuristic reasoning process aimed at discovering the students’ previous intuitions that can explain the premises and concepts that are left unexpressed in their arguments. The theoretical insights advanced in this paper are illustrated through selected examples taken from activities concerning predictive claims on scientific issues. (shrink)

The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises in (...) students’ argumentative reasoning and retrieving the background beliefs that are the basis of their arguments. On this perspective, the process of premise reconstruction is followed by a heuristic reasoning process aimed at discovering the students’ previous intuitions that can explain the premises and concepts that are left unexpressed in their arguments. The theoretical insights advanced in this paper are illustrated through selected examples taken from activities concerning predictive claims on scientific issues. (shrink)

We argue that common knowledge, of the kind used in reasoning in law and computing is best analyzed using a dialogue model of argumentation (Walton & Krabbe 1995). In this model, implicit premises resting on common knowledge are analyzed as endoxa or widely accepted opinions and generalizations (Tardini 2005). We argue that, in this sense, common knowledge is not really knowledge of the kind represent by belief and/or knowledge of the epistemic kind studied in current epistemology. This paper takes a (...) different approach, defining it in relation to a common commitment store of two participants in a rule-governed dialogue in which two parties engage in rational argumentation (Jackson & Jacobs 1980; van Eemeren & Grootendorst 2004). A theme of the paper is how arguments containing common knowledge premises can be studied with the help of argumentation schemes for arguments from generally accepted opinion and expert opinion. It is argued that common knowledge is a species of provi- sional acceptance of a premise that is not in dispute at a given point in a dia- logue, but may later be defeated as the discussion proceeds . (shrink)

In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme (...) is shown by means of critical questions, which identify the default conditions for the accepting interpretative arguments and provide a method for evaluating a given argument as weak or strong. (shrink)

A background assumption of this paper is that the repertoire of inference schemes available to humanity is not fixed, but subject to change as new schemes are invented or refined and as old ones are obsolesced or abandoned. This is particularly visible in areas like health and environmental sciences, where enormous societal investment has been made in finding ways to reach more dependable conclusions. Computational modeling of argumentation, at least for the discourse in expert fields, will require the (...) possibility of modeling change in a stock of schemes that may be applied to generate conclusions from data. We examine Randomized Clinical Trial, an inference scheme established within medical science in the mid-20th Century, and show that its successful defense by means of practical reasoning allowed for its black-boxing as an inference scheme that generates (and warrants belief in) conclusions about the effects of medical treatments. Modeling the use of a scheme is well-understood; here we focus on modeling how the scheme comes to be established so that it is available for use. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it is even possible to (...) arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in (...) argumentation, dialectical studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (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 (...) class='Hi'>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)

This paper is aimed at combining the advances in argumentation theory with the models used in the field of education to address the issue of improving students’ argumentative behavior by interacting with an expert. The concept of deeper or more sophisticated argumentative strategy is theoretically defined and used to advance two new coding schemes, based on the advances in the argumentation studies and aimed at capturing the dialectical, or structural, behavior, and the argumentative content of each dialogue unit. These (...) coding schemes are then applied for a qualitative analysis of a study designed to investigate how students’ argumentative behavior can be influenced by the interaction with an expert, who used specific types of attacks to the interlocutors’ positions. The twofold coding shows at which dialogical level expert–peer interactions can directly and more stably affect students’ argumentative behavior, and what effects such more sophisticated strategies can have on the discussion and the analysis of disagreements. In particular, this paper shows how a specific type of deep-level attack, the underminer, can open dialogues of a different level, focused on unveiling and debating background beliefs underlying a specific position. (shrink)

This paper argues that Davidson's argument against conceptual schemes fail against so-called "Applied Relativisms", i.e. theories of conceptual relativism found outside philosophy such as Whorf's. These theories make no metaphysical claims, which Davidson seems to assume. Ultimately, the misunderstanding (and resulting strawman argument) illustrates (the effect of) differences in conceptual schemes more than that it undermines it.

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In (...) the second section, Walton’s theory is briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through (...) the analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight on (...) the conclusion. For this reason, presumptions shift the burden of providing evidence or explanations onto the interlocutor. The latter can provide new information or fail to do so: whereas in the first case the new information rebuts the presumption, in the second case, the absence of information that the interlocutor could reasonably provide strengthen the conclusion of the presumptive reasoning. In both cases the result of the presumption is to strengthen the conclusion of the reasoning from lack of evidence. As shown in the legal cases, the effect of presumption is to shift the burden of proof to the interlocutor; however, the shift a presumption effects is only the shift of the evidential burden, or the burden of completing the incomplete knowledge from which the conclusion was drawn. The burden of persuasion remains on the proponent of the presumption. On the contrary, reasoning from definition in law is a conclusive proof, and shifts to the other party the burden to prove the contrary. This crucial difference can be applied to everyday argumentation: natural arguments can be divided into dialectical and presumptive arguments, leading to conclusions materially different in strength. -/- . (shrink)

Formal logic has often been seen as uniquely placed to analyze mathematical argumentation. While formal logic is certainly necessary for a complete understanding of mathematical practice, it is not sufficient. Important aspects of mathematical reasoning closely resemble patterns of reasoning in nonmathematical domains. Hence the tools developed to understand informal reasoning, collectively known as argumentation theory, are also applicable to much mathematical argumentation. This chapter investigates some of the details of that application. Consideration is given to the many contrasting meanings (...) of the word “argument”; to some of the specific argumentation-theoretic tools that have been applied to mathematics, notably Toulmin layouts and argumentation schemes; to some of the different ways that argumentation is implicated in mathematical practices; and to the social aspects of mathematical argumentation. (shrink)

In this paper, we present a survey of the development of the technique of argument diagramming covering not only the fields in which it originated - informal logic, argumentation theory, evidence law and legal reasoning – but also more recent work in applying and developing it in computer science and artificial intelligence. Beginning with a simple example of an everyday argument, we present an analysis of it visualised as an argument diagram constructed using a software tool. In (...) the context of a brief history of the development of diagramming, it is then shown how argument diagrams have been used to analyze and work with argumentation in law, philosophy and artificial intelligence. (shrink)

A growing body of recent work in informal logic investigates the process of argumentation. Among other things, this work focuses on the ways in which individuals attempt to understand written or verbalised arguments in light of the fact that these are often presented in forms that are incomplete and unmarked. One of its aims is to develop general procedures for natural language argument recognition and reconstruction. Our aim here is to draw on this growing body of knowledge in informal (...) logic in order to take preliminary steps towards developing an architecture for computer systems that are able to recognise and reconstruct natural language arguments. This architecture aims to structure research of an applied and computational nature that strives to implement linguistic systems of various sorts, and to analyse problems in a way that both yields manageable and relatively independent components and also highlights how implementations can interact with existing resources from natural language processing. (shrink)

I draw attention to how one of Donald Davidson’s arguments against the claim that others have an alternative conceptual scheme does not look compatible with his rejection of analytic truths – how his rejection of the third dogma of empiricism depends on accepting the first. The appendix contests Davidson’s approach to organizing the Pacific Ocean.

At the end of the 19th century, most professional historians – wherever they existed – deemed history to be a form of knowledge ruled by a method that bears no resemblance with those most commonly traceable in the natural sciences. The bulk of the historian’s task was then frequently regarded as being the application of procedures frequently referred to as ‘historical method’. In the context of such an emerging interest on historical methods and methodology, at least three textbooks stand out: (...) Johann Gustav Droysen’s Grundriss der Historik (Outline of the Theory of History), Ernst Bernheim’s Lehrbuch der historischen Methode (Handbook of Historical Method), and Charles Langlois and Charles Seignobos’s Introduction aux études historiques (Introduction to the Study of History). These books were quite influential in Germany, France, and elsewhere, and they very much helped promote a general idea of historical method that would become relatively consensual among historians of many nationalities by the early 20th century. Such a relative agreement on historical method sponsored both the communication and the development of a sense of disciplinary identity among historians trained within different and sometimes conflicting national traditions. It was then partially extended, partially challenged, and surely made more complex when, from the 1920s on, social and economic historians became a good part of the historiographical establishment in many countries. -/- The three books by Droysen, Bernheim, and Langlois and Seignobos were already pieced together by Rolf Torstendahl, who studied them as a group of texts that, despite their differences, contributed to shape the developments outlined above. However, Torstendahl’s primary aim was to show how Droysen, Bernheim, and Seignobos all resorted to ‘method’ as a way to circumvent skepticism against the possibility of historical knowledge, rather than investigate the internal interrelationships between the three texts. In this chapter I follow precisely this latter, not yet taken, road, focusing on crucial cross-references between the Grundriss, the Lehrbuch, and the Introduction. I intend to show that, at a general level, the schemes of historical method found in these texts are largely convergent, and that this convergence is due to Bernheim’s reading of Droysen and to Langlois and Seignobos’s reading of Bernheim. I will attempt to do it through a regressive approach that starts with an analysis of the Introduction. Aspects of the editorial history and circulation of the three texts will also be briefly addressed, as a way to illustrate their special importance within the framework of early 20th century historical theory. Because my argument calls for a focus on the most general lines of Droysen’s, Bernheim’s, and Langlois and Seignobos’s schemes of historical method, I will, for the sake of consistency, refrain from analysing in-depth the complex epistemological and ontological arguments in which those schemes are nested. (shrink)

This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using (...) two real examples, we show how applying the three types of schemes to a cluster of practical argumentation allows an argument analyst to reconstruct the tacit premises presupposed and evaluate the argumentative reasoning steps involved. This approach will be shown to overcome the limitations of the existing models of practical reasoning arguments within the BDI and commitment theoretical frameworks, providing a useful tool for discourse analysis and other disciplines. In particular, applying this method brings to light the crucial role of classification in practical argumentation, showing how the ordering of values and preferences is only one of the possible areas of deep disagreement. (shrink)

ABSTRACT The logic of humor has been acknowledged as an essential dimension of every joke. However, what is the logic of jokes, exactly? The modern theories of humor maintain that jokes are characterized by their own logic, dubbed “pseudo,” “playful,” or “local,” which has been the object of frequent criticisms. This article intends to address the limitations of the current perspectives on the logic of jokes by proposing a rhetorical approach to humorous texts. Building on the traditional development of Aristotle’s (...) almost neglected view of jokes as surprising enthymemes, the former are analyzed as rhetorical arguments. Like enthymemes, jokes are characterized by natural inferences that can be represented as topics, and quasi-formalized in argumentation theory as argumentation schemes. Like rhetorical arguments, jokes express a reason in support of different types of conclusions and proceed from distinct kinds of reasoning and semantic relations. (shrink)

In this paper, we use concepts, structure and tools from argumentation theory to show how conversational implicatures are triggered by conflicts of presumptions. Presumptive implicatures are shown to be based on defeasible forms of inference used in conditions of lack of knowledge, including analogical reasoning, inference to the best explanation, practical reasoning, appeal to pity, and argument from cause. Such inferences are modelled as communicative strategies to knowledge gaps that shift the burden of providing the missing contrary evidence to (...) the other party in a dialogue. Through a series of illustrative examples, we show how such principles of inference are based on common knowledge about the ordinary course of events shared by participants in a structured dialogue setting in which they take turns putting forward and responding to speech acts. (shrink)

Donald Trump’s speeches and messages are characterized by terms that are commonly referred to as “thick” or “emotive,” meaning that they are characterized by a tendency to be used to generate emotive reactions. This paper investigates how emotive meaning is related to emotions, and how it is generated or manipulated. Emotive meaning is analyzed as an evaluative conclusion that results from inferences triggered by the use of a term, which can be represented and assessed using argumentation schemes. The evaluative (...) inferences are regarded as part of the connotation of emotive words, which can be modified and stabilized by means of recontextualizations. The manipulative risks underlying the misuse and the redefinition of emotive words are accounted for in terms of presuppositions and implicit modifications of the interlocutors’ commitments. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation (...) schemes are classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

Metaphors are considered as instruments crucial for persuasion. However, while their emotive, communicative and persuasive effects are the focus of different studies and discussions, the core of their persuasive function, namely their argumentative dimension, is almost neglected. This paper addresses the problem of explaining how metaphors can communicate arguments, and how it is possible to reconstruct and justify them. To this purpose, a distinction is drawn between the arguments that are communicated metaphorically and reconstructed “top down,” namely based on relevance (...) considerations, and the ones that are triggered implicitly by the use of a metaphorical expression. In both cases, metaphorical arguments are reconstructed through different patterns of argument, called argumentation schemes (Walton, Reed & Macagno 2008). However, while the purpose of a metaphorical sequence of discourse (called metaphorical move) can guide and justify the reconstruction of the argument that can sufficiently support the intended conclusion in a persuasive move, a more complex analysis is needed for analyzing the inferences that a metaphorical move can trigger. These inferences are claimed to represent part of the connotation of the metaphorical expression and can be captured through its most frequent collocations, determinable using some tools of the corpus linguistics. (shrink)

This paper analyzes selected examples of uses of argumentation tactics that exploit emotive language, many of them criticized as deceptive and even fallacious by classical and recent sources, including current informal logic textbooks. The analysis is based on six argumentation schemes, and an account of the dialectical setting in which these schemes are used. The three conclusions are (1) that such uses of emotive language are often reasonable and necessary in argumentation based on values, (2) but that they (...) are defeasible, and hence need to be seen as open to critical questioning (3) and that when they are used fallaciously, it is because they interfere with critical questioning or conceal the need for it. The analysis furnishes criteria for distinguishing between arguments based on the use of emotive words that are reasonable tools of persuasion, and those that are fallacious tactics used to conceal and distort information. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and (...) quasilogical connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

Arguments for a theory about the nature of the ontological categories, the relations that determine them and their epistemic role in the construction of different kinds of limited, but true knowledge of reality in itself.

Presuppositions are pragmatically considered as the conditions of the felicity of a speech act, or discourse move; however, the decision of setting the conditions of a move, which the hearer needs to accept in order to continue the dialogue, can be thought of as a speech act of a kind. The act of presupposing depends on specific conditions and in particular on the possibility of the hearer to reconstruct and accept the propositional content. These pragmatic conditions lead to epistemic considerations: (...) How can the speaker know that the hearer can reconstruct and accept a presupposition? A possible answer can be found in an argumentative approach grounded on the notion of presumptive reasoning. On this perspective, by presupposing the speaker advances a tentative conclusion about what the hearer may accept, hold, or know proceeding from factual, linguistic, and epistemic rules of presumption. (shrink)

The detection of hate speech and fake news in political discourse is at the same time a crucial necessity for democratic societies and a challenge for several areas of study. However, most of the studies have focused on what is explicitly stated: false article information, language that expresses hatred, derogatory expressions. This paper argues that the explicit dimension of manipulation is only one – and the least problematic – of the risks of political discourse. The language of the unsaid is (...) much more dangerous and incomparably more difficult to detect, hidden in different types of fallacies and inappropriate uses of emotive language. Through a threefold coding scheme based on the instruments of argumentation theory and pragmatics, a corpus of argumentative tweets published by 4 politicians (Matteo Salvini, Donald Trump, Jair Bolsonaro, and Joseph Biden) within 6 months from their taking office (corresponding to the official end of their election campaign) is analyzed, detecting the types of argument, the fallacies, and the uses and misuses of “emotive words.” This coding results in the argumentation profiles of the speakers, which are compared statistically to show their different implicit strategies and deceptive tactics. (shrink)

The purpose of this paper is to show whether the two crucial dimensions used for assessing the quality of argumentation, argument-as-a-product (argument structure) and argument-as-a-process (relevance), are interrelated, and how they can be used to assess the effect of argumentative mode on students’ arguments. To this purpose, a twofold coding scheme will be developed, aimed at capturing: a) the argumentative function of evidence use and b) the dialogical relevance of evidence use. A study will be described in (...) which students’ use of evidence is elicited in two distinct argumentative modes (dialogical vs. non-dialogical). According to the results, in the dialogical mode students tended to use evidence in a more sophisticated way from both argument evaluation perspectives. (shrink)

Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on the (...) other hand, the listener reconstructs the propositions taken for granted and assesses them against the shared presumptions. The possibility of reconstructing a presupposition is distinguished from its assessment, where the consistency of the presupposition with the shared or common ground is evaluated, and its reasonableness established. The analysis of presuppositions from an argumentative perspective provides an instrument for evaluating the reasonableness of a presupposition and understanding its dialogical effect. On this view, the dialogical force of a presupposition lies in its presumptive nature, which sets and shifts the burden of proving its unacceptability or unreasonableness. (shrink)

This article analyses letters to the editor written on or about Muslims printed in a British broadsheet newspaper. The pragma-dialectical theory of argumentation is applied as a model for explaining and understanding the arguments employed in the sampled letters. Our presentation of pragma-dialectical theory focuses on argumentative reasonableness. More specifically, we introduce the four dialectical stages through which any argument must pass and explain the ten rules of critical discussion that participants must follow throughout if they are to resolve (...) the argument. The article focuses in particular on the letter writers' use of argument schemes-that is, the manner in which these writers use arguments to support their standpoints. We conclude by highlighting the role that unreasonable arguments can play in perpetuating racialized inequalities and hence the importance of analyzing argumentation. (shrink)

In one of his influential works ‘One the Very Idea of a Conceptual Scheme’, Donald Davidson argues against conceptual relativism. According to Davidson, ‘we could not be in a position to judge that others had concepts or beliefs radically different from our own’. Davidson’s thesis seems to have a consequence for comparative philosophy, particularly in a comparative study between Chinese and Western traditions of philosophy which are often considered to differ conceptually. If Davidson is correct, it is not clear whether (...) or not we can have insight into how and why concepts differ between these traditions. -/- In this paper, I philosophically reflect on Davidson’s argument against conceptual relativism. Though this paper retains the backbone of his argument, I reject Davidson’s thesis that different ways of conceptualisation cannot be compared. I do this through a discussion of the comparative studies conducted by David Hall and Roger Ames. In conclusion, I self-reflectively examine the nature of the demarcation between different traditions of philosophy and show how the activities of comparative philosophy can proceed. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments (...) based on classification is framed in a structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

Philosophers of science have given up on the quest for a silver bullet to put an end to all pseudoscience, as such a neat formal criterion to separate good science from its contenders has proven elusive. In the literature on critical thinking and in some philosophical quarters, however, this search for silver bullets lives on in the taxonomies of fallacies. The attractive idea is to have a handy list of abstract definitions or argumentation schemes, on the basis of which (...) one can identify bad or invalid types of reasoning, abstracting away from the specific content and dialectical context. Such shortcuts for debunking arguments are tempting, but alas, the promise is hardly if ever fulfilled. Different strands of research on the pragmatics of argumentation, probabilistic reasoning and ecological rationality have shown that almost every known type of fallacy is a close neighbor to sound inferences or acceptable moves in a debate. Nonetheless, the kernel idea of a fallacy as an erroneous type of argument is still retained by most authors. We outline a destructive dilemma we refer to as the Fallacy Fork: on the one hand, if fallacies are construed as demonstrably invalid form of reasoning, then they have very limited applicability in real life. On the other hand, if our definitions of fallacies are sophisticated enough to capture real-life complexities, they can no longer be held up as an effective tool for discriminating good and bad forms of reasoning. As we bring our schematic “fallacies” in touch with reality, we seem to lose grip on normative questions. Even approaches that do not rely on argumentation schemes to identify fallacies fail to escape the Fallacy Fork, and run up against their own version of it. (shrink)

The analysis of multimodal argumentation in advertising is a crucial and problematic area of research. While its importance is growing in a time characterized by images and pictorial messages, the methods used for interpreting and reconstructing the structure of arguments expressed through verbal and visual means capture only isolated dimensions of this complex phenomenon. This paper intends to propose and illustrate a methodology for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, pragmatics, (...) and argumentation theory. An advertisement is processed through a five-step path. The analysis of its context, text genre, and images leads to a first representation of the messages that it encodes both pictorially and verbally (step 1). These first semantic representations are further enriched by including their polyphonic articulations and presuppositions (step 2), their explicatures (step 3), and their dialogical functions and illocutionary forces (step 4). These pragmatic steps retrieve the commitment structure of the ad, which allows a further argument analysis conducted through argumentation schemes (step 5). (shrink)

When the phrase “playing God” is used in debates concerning the use of new technologies, such as cloning or genetic engineering, it is usually interpreted as a warning not to interfere with God’s creation or nature. I think that this interpretation of “playing God” arguments as a call to non-interference with nature is too narrow. In this paper, I propose an alternative interpretation of “playing God” arguments. Taking an argumentation theory approach, I provide an argumentation scheme and accompanying critical questions (...) that capture the moral concerns expressed by “playing God” arguments. If I am right, then “playing God” arguments should be understood, not as a warning to leave God’s creation or nature alone, but rather as an invitation to think carefully about all the ways in which the use of new technologies could go seriously wrong. (shrink)

This paper examines Hilary Putnam’s arguments against what he calls metaphysical realism and in favour of internal realism. A key notion is the one of conceptual scheme, whose role is to explain how we inevitably find ourselves adopting one viewpoint among possible others. To ensure the possibility of agreement between all inquirers for some basic issues, is Putnam committed to having just one conceptual scheme for all human inquirers? The paper argues that the answer is no, on condition that all (...) inquirers are assumed to have a kind of cognitive faculty that is common to all. (shrink)

The traditional view of evidence in mathematics is that evidence is just proof and proof is just derivation. There are good reasons for thinking that this view should be rejected: it misrepresents both historical and current mathematical practice. Nonetheless, evidence, proof, and derivation are closely intertwined. This paper seeks to tease these concepts apart. It emphasizes the role of argumentation as a context shared by evidence, proofs, and derivations. The utility of argumentation theory, in general, and argumentation schemes, in (...) particular, as a methodology for the study of mathematical practice is thereby demonstrated. Argumentation schemes represent an almost untapped resource for mathematics education. Notably, they provide a consistent treatment of rigorous and non-rigorous argumentation, thereby working to exhibit the continuity of reasoning in mathematics with reasoning in other areas. Moreover, since argumentation schemes are a comparatively mature methodology, there is a substantial body of existing work to draw upon, including some increasingly sophisticated software tools. Such tools have significant potential for the analysis and evaluation of mathematical argumentation. The first four sections of the paper address the relationships of evidence to proof, proof to derivation, argument to proof, and argument to evidence, respectively. The final section directly addresses some of the educational implications of an argumentation scheme account of mathematical reasoning. (shrink)

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)

The article presents the first comprehensive interpretation of the ergon argument in Aristotle’s Protrepticus. It further argues that Aristotle in this argument distinguishes the ergon of an entity from the ergon of its virtue thus presenting a complicated argumentative structure which is explicitly simplified in the Eudemian Ethics. Based on the latest attempts to reconstruct the Protrepticus, the article shows the relation of the ergon argument to its other versions in both Ethics. This account not only clarifies (...) the relation of the Protrepticus to Aristotle’s other ethical writings, it shows that Aristotle intends the argument as a transition between describing what human being does and what a good human being does well, namely a natural transition from the descriptive to the normative. (shrink)

In ethical reflections on new technologies, a specific type of argument often pops up, which criticizes scientists for “playing God” with these new technological possibilities. The first part of this article is an examination of how these arguments have been interpreted in the literature. Subsequently, this article aims to reinterpret these arguments as symbolic arguments: they are grounded not so much in a set of ontological or empirical claims, but concern symbolic classificatory schemes that ground our value judgments (...) in the first place. Invoking symbolic arguments thus refers to how certain new technologies risk undermining our fundamental symbolic distinctions by which we organize and evaluate our interactions with the world and in society. Such symbolic distinctions, moreover, tend to be resilient against logical argumentation, mainly because they themselves form the basis on which we argue in the cultural and ethical sphere in the first place. Therefore, effective strategies to evaluate and counter these arguments require another approach, showing that these technologies either do not challenge these classifications or, if they do, how they can be accompanied by the proper actions to integrate these technologies into our society. (shrink)

Virtue theories have lately enjoyed a modest vogue in the study of argumentation, echoing the success of more far-reaching programmes in ethics and epistemology. Virtue theories of argumentation (VTA) comprise several conceptually distinct projects, including the provision of normative foundations for argument evaluation and a renewed focus on the character of good arguers. Perhaps the boldest of these is the pursuit of the fully satisfying argument, the argument that contributes to human flourishing. This project has an independently (...) developed epistemic analogue: eudaimonistic virtue epistemology. Both projects stress the importance of widening the range of cognitive goals beyond, respectively, cogency and knowledge; both projects emphasize social factors, the right sort of community being indispensable for the cultivation of the intellectual virtues necessary to each project. This paper proposes a unification of the two projects by arguing that the intellectual good life sought by eudaimonistic virtue epistemologists is best realized through the articulation of an account of argumentation that contributes to human flourishing. (shrink)