Manipulation of quotation, shown to be a common tactic of argumentation in this paper, is associated with fallacies like wrenching from context, hasty generalization, equivocation, accent, the straw man fallacy, and ad hominem arguments. Several examples are presented from everyday speech, legislative debates and trials. Analysis using dialog models explains the critical defects of argumentation illustrated in each of the examples. In the formal dialog system CB, a proponent and respondent take turns in making moves in an orderly goal-directed sequence (...) of argumentation in which the proponent tries to persuade the respondent to become committed to a conclusion by asking questions and offering arguments. Analyzing quotation by using the notion of commitment in dialog, it is shown (a) how an arguer’s previous assertions can be brought to light in the course of a dialog to deal with problems arising from misquotation, (b) how the profile of dialog model allows a critic to analyse the fundamental effects misquotation brings about in a dialog, and (c) how the critic can use such an analysis to correct the problem. (shrink)

Is the flavor of mint reducible to the minty smell, the taste, and the menthol-like coolness on the roof of one’s mouth, or does it include something over and above these—something not properly associated with any one of the contributing senses? More generally, are there features of perceptual experiences—so-called novel features—that are not associated with any of our senses taken singly? This question has received a lot of attention of late. Yet surprisingly little attention has been paid to the question (...) of what it means to say that a feature is associated with a sensory modality in the first place. Indeed, there is only one fully developed proposal in the literature, due to Casey O’Callaghan. I argue that this proposal is too permissive to inform the debate over novel features. I go on to argue that all attempts to formulate a better proposal along these lines fail. The corollary of my arguments is that the question of the existence of novel features is poorly formed. Furthermore, the problem generalizes, with the result that we should not rely on our pre-theoretical notions of the senses as the basis of theorizing about the features of perceptual experiences. (shrink)

Hovering in the background of investigations into human physiology is the promise or threat, depending upon how one looks at the matter that human beings are complete physical-chemical systems and that all events taking place within their bodies and all movements of their bodies could be accounted for by physical causes if we but knew enough. In this paper I consider the important question whether our coming to believe that this "mechanistic" hypothesis is true would warrant our relinquishing our conception (...) of ourselves as beings who are capable of acting for reasons to achieve ends of our own choosing. This pessimistic thesis has been vigorously defended by Norman Malcolm in his "Conceivability of Mechanism" in The Philosophical Review, Jan. 1968. (shrink)

One of the goals of physiologists who study the detailed physical, chemical,and neurological mechanisms operating within the human body is to understand the intricate causal processes which underlie human abilities and activities. It is doubtless premature to predict that they will eventually be able to explain the behaviour of a particular human being as we might now explain the behaviour of a pendulum clock or even the invisible changes occurring within the hardware of a modern electronic computer. Nonetheless, it seems (...) fair to say that hovering in the background of investigations into human physiology is the promise or threat, depending upon how one looks at the matter that human beings are complete physical-chemical systems and that all events taking place within their bodies and all movements of their bodies could be accounted for by physical causes if we but knew enough. I am not concerned at the moment with whether or not this ’mechanistic’ hypothesis is true, assuming that it is clear enough to be intelligible, nor with whether or not we could ever know that it is true. I wish to consider the somewhat more accessible yet equally important question whether our coming to believe that the hypothesis is true would warrant our relinquishing our conception of ourselves as beings who are capable of acting for reasons to achieve ends of our own choosing. I use the word ’warrant’ to indicate that I will not be discussing the possibility that believing the mechanistic hypothesis might lead us, as a matter of psychological fact, to think of human beings as mere automata, as objects whose movements are to be explained only by causes rather than by reasons, as are the actions of a personal subject. I intend to consider only whether the acceptance of mechanism would in fact justify such a change in conception. (shrink)

In this paper I argue that composer John Cage’s so-called ‘silent piece’, 4’33”, is music. I first defend it against the charge that it does not involve the organization of sound, which has been taken to be a necessary feature of music. I then argue that 4’33” satisfies the only other condition that must be met for it to be music: it bears the right socio-historical connections to its predecessors within its tradition (Western art music). I argue further that one (...) cannot understand the organized sound condition and the socio-historical condition separately and that understanding their interaction has theoretical benefits—not least of which is providing a groundwork for a more culturally inclusive philosophy of music. Finally, I consider a number of outstanding questions concerning the content of the organized sound condition for Western art music in the wake of 4’33”. (shrink)

Berkeley, Hume, and Russell rejected the traditional analysis of substances in terms of qualities which are supported by an "unknowable substratum." To them the proper alternative seemed obvious. Eliminate the substratum in which qualities are alleged to inhere, leaving a bundle of coexisting qualities--a view that we may call the Bundle Theory or BT. But by rejecting only part of the traditional substratum theory instead of replacing it entirely, Bundle Theories perpetuate certain confusions which are found in the Substratum Doctrine. (...) I examine two major types of BT developed by Russell and by G. F. Stout with the intention of showing that (1) the seemingly innocuous concept of "a quality" employed by these versions cannot be used to state their theories coherently, and (2) the fatal problems that the BT encounters point to a more satisfactory and interesting alternative to both the Substratum Doctrine and the BT. This is a view that I call the Qualified Particulars Theory. In a final section I draw morals from this discussion that apply to the analogous Humean view that a mind is a "bundle of perceptions and sensations.". (shrink)

An important source of doubt about our knowledge of the "external world" is the thought that all of our sensory experience could be delusive without our realizing it. Such wholesale questioning of the deliverances of all forms of perception seems to leave no resources for successfully justifying our belief in the existence of an objective world beyond our subjective experiences. I argue that there is there is a fatal flaw in the very expression of philosophical doubt about the "external world." (...) Therefore, no such justification is necessary. The feature of skepticism which I believe renders it vulnerable is the assumption that each of us has a right to be certain of his own existence as a subject of conscious experience even in the face of comprehensive doubt about our empirical beliefs. (shrink)

In his Meditations Descartes concludes that he is a res cogitans, an unextended entity whose essence is to be conscious. His reasoning in support of the conclusion that he exists entirely distinct from his body has seemed unconvincing to his critics. I attempt to show that the reasoning which he offers in support of his conclusion. although mistaken, is more plausible and his mistakes more interesting than his critics have acknowledged.

I argue in this paper that philosophers have not clearly introduced the concept of a body in terms of which the problem of other minds and its solutions have been traditionally stated; that one can raise fatal objections to attempts to introduce this concept; and that the particular form of the problem of other minds which is stated in terms of the concept is confused and requires no solution. The concept of a "body" which may or may not be the (...) body of a person, which is required to state the traditional problem, is, on close examination, incoherent and cannot be introduced into a reasonable philosophical discussion. Also published in The Philosophy of the Body, Rejections of Cartesian Dualism, ed. Stuart F. Spicker. (shrink)

Much mischief concerning the concept of a human body is generated by the failure of philosophers to distinguish various important senses of the term 'body.' I discuss three of those senses and illustrate the issues they can generate by discussing the concept of a Lockean exchange of bodies as well as the brain-body switch.

The idea that we may continue to exist in a bodiless condition after our death has long played an important role in beliefs about immortality, ultimate rewards and punishments, the transmigration of souls, and the like. There has also been long and heated disagreement about whether the idea of disembodied existence even makes sense, let alone whether anybody can or does survive dissolution of his material form. It may seem doubtful that anything new could be added to the debate at (...) this late date, but I hope to show that this is not so. I will explore the problem of disembodiment from a somewhat different direction than has been tried before, one that leads to what seem to me more interesting and more definite conclusions about its unintelligibility. Furthermore, the approach I will be taking puts both the traditional mind-body problem and the competing claims of dualism and physicalism in a fresh light that can help us to understand better the nature of our embodied existence. (shrink)

I defend the thesis that psychological states can be literally ascribed only to living creatures and not to nonliving machines, such as sophisticated robots. Defenders of machine consciousness do not sufficiently appreciate the importance of the biological nature of a subject for the psychological significance of its behavior. Simulations of a computer-controlled, nonliving autonomous robot cannot carry the same psychological meaning as animate behavior. Being a living creature is an essential link between genuinely expressive behavior and justified psychological ascriptions.

Over three decades ago, in a brief but provocative essay, Paul Ziff argued for the thesis that robots cannot have feelings because they are "mechanisms, not organisms, not living creatures. There could be a broken-down robot but not a dead one. Only living creatures can literally have feelings."[i] Since machines are not living things they cannot have feelings. In the first half of my paper I review Ziff's arguments against the idea that robots could be conscious, especially his appeal to (...) our linguistic usage. In the second half of the essay I try to provide a deeper ontological understanding of why we ought not attribute minds to nonliving artifacts. I argue that inanimate mechanisms are incapable of genuinely active and purposive behavior. They are importantly different in kind from living human beings and animals. (shrink)

In his article "Thoughts" (MIND, July 1960) William Ginnane argues that "thought is pure intentionality," and that our thoughts are not embodied essentially in the mental imagery and other elements of phenomenology that cross our minds along with the thoughts. Such images merely illustrate out thoughts. In my discussion I resist this claim pointing out that our thoughts are often embodied in events that can be described in pheno¬menological terms, especially when our reports of our thinking are introduced by the (...) colorful phrases that Ginnane himself suggests, such as "It crossed my mind that.." or "It occurred to me that…" It is true that we also have a mode of speech in which we report what we have thought in well-formed sentences. Sometimes the very utterance of such sentences is what we call thinking out loud. More often than not, however, our thoughts are fragmentary enough so that if someone asks us what we were thinking, we must stop and rather carefully formulate the expression of those thoughts. In this case there has been nothing running through our minds which can be phenomenologically described as complete sentences, yet in formu¬lating the significance of what has been passing through our minds we do use complete sentences. It is true that one of the confusions we have been bothered by in the past is the idea that in describing the contents of our minds we must somehow find there a proto-type of the report we give in propositional form. The philosopher's phrase "entertaining a proposition" only encour¬ages this confusion, as it looks like an attempt to describe one's mental history phenomenologically. Nevertheless, the successive phenomenological events that occur in our minds often seem to be not merely illustrations accompanying our thoughts, but to embody what we say occurred to us. -/- . (shrink)

This paper is a response to Anthony Brueckner's critique of my essay "The Self-Defeating Character of Skepticism," which appeared in Philosophy and Phenomenological Research in 1992. In this reply I contend that the three main avenues by which one might plausibly account for one's self-awareness are unavailable to an individual who is restricted to the skeptic's epistemic ground rules. First, all-encompassing doubt about the world cancels our "external" epistemic access via perception to ourselves as material individuals in the world. Second, (...) one does not have direct cpistemic access to one's substantial self through introspection, since the self as such is not a proper object of inner awareness. Third, we cannot claim, as Descartes did, that we have indirect epistemic access to the substantial self by inference from the occurrence of experiences.The summary conclusion for which I argue is that, if we are to account for our self-knowledge, we cannot adopt the purely subjective epistemological stance that is at the heart of global skepticism. (shrink)

In his article "Thoughts" (MIND, July 1960) William Ginnane argues that "thought is pure intentionality," and that our thoughts are not embodied essentially in the mental imagery and other elements of phenomenology that cross our minds along with the thoughts. Such images merely illustrate out thoughts. In my discussion I resist this claim pointing out that our thoughts are often embodied in events that can be described in phenomenological terms, especially when our reports of our thinking are introduced by the (...) colorful phrases that Ginnane himself suggests, such as "It crossed my mind that.." or "It occurred to me that…" It is true that we also have a mode of speech in which we report what we have thought in well-formed sentences. Sometimes the very utterance of such sentences is what we call thinking out loud. More often than not, however, our thoughts are fragmentary enough so that if someone asks us what we were thinking, we must stop and rather carefully formulate the expression of those thoughts. In this case there has been nothing running through our minds which can be phenomenologically described as complete sentences, yet in formulating the significance of what has been passing through our minds we do use complete sentences. It is true that one of the confusions we have been bothered by in the past is the idea that in describing the contents of our minds we must somehow find there a proto-type of the report we give in propositional form. The philosopher's phrase "entertaining a proposition" only encourages this confusion, as it looks like an attempt to describe one's mental history phenomenologically. Nevertheless, the successive phenomenological events that occur in our minds often seem to be not merely illustrations accompanying our thoughts, but to embody what we say occurred to us. (shrink)

In _Leviathan_, Hobbes embraces three seemingly inconsistent claims: (i) the unity of a multitude is secured only by the unity of its representer, (ii) assemblies can represent other multitudes, and (iii) assemblies are, or are constituted by, multitudes. Together these claims require that a representative assembly, itself, be represented. If that representer is another assembly, it too will need a unifying representer, and so on. To stop a regress, we will need an already unified representer. But a multitude can only (...) speak or act through its representer, and an assembly is a multitude, so any representing done by the assembly is actually done by this already unified, regress-stopping representer. That is, if (i) and (iii) are true, (ii) cannot be. I will argue that this inconsistency is only apparent and that we can resolve it without rejecting any of these three claims. We do this by appealing to a representer-as-decision-procedure meeting certain criteria. Such a procedural representer breaks the transitivity of representation such that the assembly it represents can properly represent some further multitude. I proceed in my defense of the procedural representer view by addressing a series of problems it faces, the solutions to which give us a progressively clearer picture of the criteria this representer must meet. (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)

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)

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)

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has (...) the effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

This paper builds a nine-step method for determining whether a straw man fallacy has been committed in a given case or not, by starting with some relatively easy textbook cases and moving to more realistic and harder cases. The paper shows how the type of argument associated with the fallacy can be proved to be a fallacy in a normative argumentation model, and then moves on to the practical task of building a hands-on method for applying the model to real (...) examples of argumentation. Insights from linguistic pragmatics are used to distinguish the different pragmatic processes involved in reconstructing what is said and what is meant by an utterance, and to differentiate strong and weak commitments. In particular, the process of interpretation is analyzed in terms of an abductive pattern of reasoning, based on co-textual and contextual information, and assessable through the instruments of argumentation theory. (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)

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)

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)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (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.

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.

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.

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)

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)

This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out of (...) context. The theoretical tools employed in the analysis are pragmatic theories of meaning and a dialectical model of commitment, used to explain how and why a standpoint is distorted. The analysis is based on a conception of fallacies as deceptive strategic moves in a game of dialogue. As a consequence, our focus is not only on misquotations as distortions of meaning, but on how they are used as dialectical tools to attack an opponent or win a dispute. Wrenching from context is described as a fallacy of unfairly attributing a commitment to another party that he never held. Its power as a deceptive argumentation tactic is based on complex mechanisms of implicit commitments and on their misemployment to improperly suggest an attribution of commitment. (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)

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of the (...) terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

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)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (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)

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.

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)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

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)

Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends on how the arguer defines (...) his conclusion and what he considers to be in the paradigm of negated alternatives. If we negate only two of the several possible alternatives, even if they are the most probable, the conclusion will be weak. However, if we deny all possible alternatives, the reasoning will be strong, and even in some cases deductively valid. (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)

We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...) this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (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)

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)

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)

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)

With the advent of the semantic web, the problem of ambiguity is becoming more and more urging. Semantic analysis is necessary for explaining and resolving some sorts of ambiguity by inquiring into the relation between possibilities of predication and definition of a concept in order to solve problems such as interpretation and ambiguity. If computing is now approaching such problems of linguistic analysis, what is worth inquiring into is how the development of linguistic studies can be useful for developing the (...) theoretical background of ontologies. Our proposal is to develop a theory of definition alternative to the traditional metaphysical approach and the modern relativistic account. We interpret the ancient notion of essential definition in a dialectical perspective, and show how the dialectical definition by genus and difference corresponds to the semantic analysis of the definiendum. The dialectical definition is shown to be grounded on the deepest endoxa (shared knowledge) of a community, and to be the argumentatively strongest definition. After presenting the most common types of definition used in argumentation, the linguistic and logical characteristics of the notion of definition by genus and difference are set out in a pragmatic framework. (shrink)