I motivate and characterize an intensional semantics for ‘ought’ on which it does not behave as a universal quantifier over possibilities. My motivational argument centers on taking at face value some standard challenges to the quantificational semantics, especially to the idea that ‘ought’-sentences satisfy the principle of Inheritance. I argue that standard pragmatic approaches to these puzzles are either not sufficiently detailed or unconvincing.

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)

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

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)

The 14 essays collected in this volume explore the various aspects of Augustine’s philosophy and its medieval reception: by considering his education and the development of his thought as conveyed by a series of philosophical images and styles, the volume reconstructs the recurring motifs of his intellectual journey (the anti-Manichean polemic, his political vision, the role of reason, and the theory of war) and their fortune in authors such as Thomas Aquinas, Nicole Oresme, Gregory of Rimini, and Robert Grosseteste.

The 14 essays collected in this volume explore the various aspects of Augustine’s philosophy and its medieval reception: by considering his education and the development of his thought as conveyed by a series of philosophical images and styles, the volume reconstructs the recurring motifs of his intellectual journey (the anti-Manichean polemic, his political vision, the role of reason, and the theory of war) and their fortune in authors such as Thomas Aquinas, Nicole Oresme, Gregory of Rimini, and Robert Grosseteste.

The 26 essays collected in this volume explore some crucial aspects of the philosophical and scientific traditions of the Middle Ages and the Renaissance. Using a historical-philological approach, the volume brings to light unpublished documents and offers new reconstructions of the intellectual paths of authors such as Meister Eckhart, Nicole Oresme, John Buridan, Siger of Brabant, William of Ockham, Peter Pomponazzi, and Giovanni Pico della Mirandola.

The 26 essays collected in this volume explore some crucial aspects of the philosophical and scientific traditions of the Middle Ages and the Renaissance. Using a historical-philological approach, the volume brings to light unpublished documents and offers new reconstructions of the intellectual paths of authors such as Meister Eckhart, Nicole Oresme, John Buridan, Siger of Brabant, William of Ockham, Peter Pomponazzi, and Giovanni Pico della Mirandola.

There are emotively powerful words that can modify our judgment, arouse our emotions and influence our decisions. This paper shows how the use of emotive meaning in argumentation can be explained by showing how their logical dimension, which can be analysed using argumentation schemes, combines with heuristic processes triggered by emotions. Arguing with emotive words is shown to use value-based practical reasoning grounded on hierarchies of values and maxims of experience for evaluative classification.

This study examines how evidence is used differently in argumentative discourse compared to individual arguments. Applying a 1×2 crossover study design, 37 secondary school students were asked either to discuss a social issue with their partner before individually writing an essay outlining their opinion or, vice versa, first to discuss and then to write. As background information, they were provided with pieces of evidence with different levels of quality. Dialogs and essays were analyzed regarding (a) the type of evidence and (...) (b) the way evidence was used. Results showed that in their essays students referred more often to the pieces of evidence provided to them (shared evidence). In contrast, they used evidence more often to address the opposing viewpoint in dialogs by incorporating it in a more elaborated (clearer) line of reasoning. Findings suggest that dialogues are a more effective tool than individual writing production, and the study provides first hints regarding how to design curricula that will encourage students to use evidence in a more sophisticated way in their argumentation. (shrink)

Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed at (...) explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

Statements about the future are central in everyday conversation and reasoning. How should we understand their meaning? The received view among philosophers treats will as a tense: in ‘Cynthia will pass her exam’, will shifts the reference time forward. Linguists, however, have produced substantial evidence for the view that will is a modal, on a par with must and would. The different accounts are designed to satisfy different theoretical constraints, apparently pulling in opposite directions. We show that these constraints are (...) jointly satisfied by a novel modal account of will. On this account, will is a modal but doesn't work as a quantifier over worlds. Rather, the meaning of will involves a selection function similar to the one used by Stalnaker in his semantics for conditionals. The resulting theory yields a plausible semantics and logic for will and vindicates our intuitive views about the attitudes that rational agents should have towards future-directed contents. (shrink)

Philosophy and Phenomenological Research, EarlyView.

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)

Provisional draft, pre-production copy of my book “The Modal Future” (forthcoming with Cambridge University Press).

In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are (...) argument structures underling moves made in strategic advocacy by both sides that function as platforms for different kinds of questionable argumentation tactics and moves that are in some instances tricky and deceptive. (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)

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)

Extended abstract presented at the AISC 2018 Conference, 15th International Conference of the Italian Association of Cognitive Science, Pavia.

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

Probabilistic theories of “should” and “ought” face a predicament. At first blush, it seems that such theories must provide different lexical entries for the epistemic and the deontic interpretations of these modals. I show that there is a new style of premise semantics that can avoid this consequence in an attractively conservative way.

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)

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

The notions of types of dialogue and dialectical relevance are central themes in Walton’s work and the grounds for a dialectical approach to many fallacies. After outlining the dialogue models constituting the background of Walton’s account, this article presents the concepts of dialectical relevance and dialogue shifts in their application to biased argumentation, fallacious moves, and illicit argumentative strategies. Showing the different dialectical proposals Walton advanced in several studies on argumentation as a development of a dialogical system, it has proved (...) possible to highlight the fundamental aspects of his theory in a comprehensive model of communication and interaction. (shrink)

Contrastivists view ought-sentences as expressing comparisons among alternatives. Deontic actualists believe that the value of each alternative in such a comparison is determined by what would actually happen if that alternative were to be the case. One of the arguments that motivates actualism is a challenge to the principle of agglomeration over conjunction—the principle according to which if you ought to run and you ought to jump, then you ought to run and jump. I argue that there is no way (...) of developing the actualist insight into a logic that invalidates the agglomeration principle without also invalidating other desirable patterns of inference. After doing this, I extend the analysis to other contrastive views that challenge agglomeration in the way that the actualist does. This motivates skepticism about the actualist’s way of challenging agglomeration. (shrink)

This paper motivates and develops a novel semantic framework for deontic modals. The framework is designed to shed light on two things: the relationship between deontic modals and substantive theories of practical rationality and the interaction of deontic modals with conditionals, epistemic modals and probability operators. I argue that, in order to model inferential connections between deontic modals and probability operators, we need more structure than is provided by classical intensional theories. In particular, we need probabilistic structure that interacts directly (...) with the compositional semantics of deontic modals. However, I reject theories that provide this probabilistic structure by claiming that the semantics of deontic modals is linked to the Bayesian notion of expectation. I offer a probabilistic premise semantics that explains all the data that create trouble for the rival theories. (shrink)

Why are personal attacks so powerful? In political debates, speeches, discussions and campaigns, negative character judgments, aggressive charges and charged epithets are used for different purposes. They can block the dialogue, trigger value judgments and influence decisions; they can force the interlocutor to withdraw a viewpoint or undermine his arguments. Personal attacks are not only multifaceted dialogical moves, but also complex argumentative strategies. They can be considered as premises for further arguments based on signs, generalizations or consequences. They involve tactics (...) for arousing emotions such as fear, hate or contempt, or for ridiculing the interlocutor. The twofold level of investigation presented in this paper is aimed at distinguishing the different roles that ad hominem have in a dialogue and bringing to light their hidden dimensions. The reasoning structure of each type of attack will be distinguished from the tactics used to increase its effectiveness and conceal its weaknesses. (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)

Judgment aggregation is naturally applied to the modeling of collective attitudes. In the individual case, we represent agents as having not just beliefs, but also as supporting them with reasons. Can the Judgment Aggregation help model a concept of collective reason? I argue that the resources of the standard judgment aggregation framework are insufficiently general. I develop a generalization of the framework that improves along this dimension. In the new framework, new aggregation rules become available, as well as a natural (...) account of collective reasons. (shrink)

I propose an account of the speech act of prediction that denies that the contents of prediction must be about the future and illuminates the relation between prediction and assertion. My account is a synthesis of two ideas: (i) that what is in the future in prediction is the time of discovery and (ii) that, as Benton and Turri recently argued, prediction is best characterized in terms of its constitutive norms.

Modus ponens is the argument from premises of the form If A, then B and A to the conclusion B. Nearly all participants agree that the modus ponens conclusion logically follows when the argument appears in this Basic form. However, adding a further premise can lower participants’ rate of agreement—an effect called suppression. We propose a theory of suppression that draws on contemporary ideas about conditional sentences in linguistics and philosophy. Semantically, the theory assumes that people interpret an indicative conditional (...) as a context-sensitive strict conditional: true if and only if its consequent is true in each of a contextually determined set of situations in which its antecedent is true. Pragmatically, the theory claims that context changes in response to new assertions, including new conditional premises. Thus, the conclusion of a modus ponens argument may no longer be accepted in the changed context. Psychologically, the theory describes people as capable of reasoning about broad classes of possible situations, ordered by typicality, without having to reason about individual possible worlds. The theory accounts for the main suppression phenomena, and it generates some novel predictions that new experiments confirm. (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)

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)

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)

UNESCO Universal Declaration on Cultural Diversity (2 November 2001) defines culture with an emphasis on cultural features: “culture should be regarded as the set of distinctive spiritual, material, intellectual and emotional features of society or a social group”, encompassing, “in addition to art and literature, lifestyles, ways of living together, value systems, traditions and beliefs”. Cultural traits are also the primitive of mathematical models of cultural transmission inspired by population genetics, imported and refined by economics. Any serious evaluation of the (...) notion of “cultural trait”, however, requires the interrogation of many disciplines, from cultural anthropology to linguistics, from psychology to archaeology to musicology. The very possibility of assuming the existence of cultural traits is not granted. In order to start a wide interdisciplinary confrontation, we need a sufficiently loose definition of a cultural trait as any trait whose production in individuals depends, to some extent, on social learning; and we need a deflationary interpretive horizon where cultural traits are not expected to provide an exhaustive theory of culture and cultural change. But from there, we can go a long way if each of the involved disciplines enters the debate with a self-presenting attitude, emphasizing its own methodological practices, and explaining whether and how cultural traits have a role in its own research programs and epistemic goals. Are there differences in aspects of culture that are studied by different disciplines? What definitions of cultural traits are on the table? How do we delimit a trait? How is the problem declined at different observational scales, and which scales are most in focus? Do traits travel in geographical space, and how? Are there other relevant spaces? How are traits modified in their diffusion? Is it possible and useful to build models of this diffusion? Only a strong multidisciplinary perspective can help to clarify these problems about cultural traits, by means of which we understand our precious heritage, cultural diversity. (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)

We advocate and develop a states-based semantics for both nominal and adjectival confidence reports, as in "Ann is confident/has confidence that it's raining", and their comparatives "Ann is more confident/has more confidence that it's raining than that it's snowing". Other examples of adjectives that can report confidence include "sure" and "certain". Our account adapts Wellwood's account of adjectival comparatives in which the adjectives denote properties of states, and measure functions are introduced compositionally. We further explore the prospects of applying these (...) tools to the semantics of probability operators. We emphasize three desirable and novel features of our semantics: (i) probability claims only exploit qualitative resources unless there is explicit compositional pressure for quantitative resources; (ii) the semantics applies to both probabilistic adjectives (e.g., "likely") and probabilistic nouns (e.g., "probability"); (iii) the semantics can be combined with an account of belief reports that allows thinkers to have incoherent probabilistic beliefs (e.g. thinking that A & B is more likely than A) even while validating the relevant purely probabilistic claims (e.g. validating the claim that A & B is never more likely than A). Finally, we explore the interaction between confidence-reporting discourse (e.g., "I am confident that...") and belief-reports about probabilistic discourse (e.g.,"I think it's likely that.."). (shrink)

This paper explores two non-standard supermajority rules in the context of judgment aggregation over multiple logically connected issues. These rules set the supermajority threshold in a local, context sensitive way—partly as a function of the input profile of opinions. To motivate the interest of these rules, I prove two results. First, I characterize each rule in terms of a condition I call ‘Block Preservation’. Block preservation says that if a majority of group members accept a judgment set, then so should (...) the group. Second, I show that one of these rules is, in a precise sense, a judgment aggregation analogue of a rule for connecting qualitative and quantitative belief that has been recently defended by Hannes Leitgeb. The structural analogy is due to the fact that Leitgeb sets thresholds for qualitative beliefs in a local, context sensitive way—partly as a function of the given credence function. (shrink)

I explore the motivation and logical consequences of the idea that we have some (limited) ability to know contingent facts about the future, even in presence of the assumption that the future is objectively unsettled or indeterminate. I start by formally characterizing skepticism about the future. This analysis nudges the anti-skeptic towards the idea that if some propositions about the future are objectively indeterminate, then it may be indeterminate whether a suitably positioned agent knows them. -/- Philosophical Perspectives, Volume 35, (...) Issue 1, Page 50-69, December 2021. (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 advances an approach to relevance grounded on patterns of material inference called argumentation schemes, which can account for the reconstruction and the evaluation of relevance relations. In order to account for relevance in different types of dialogical contexts, pursuing also non-cognitive goals, and measuring the scalar strength of relevance, communicative acts are conceived as dialogue moves, whose coherence with the previous ones or the context is represented as the conclusion of steps of material inferences. Such inferences are described (...) using argumentation schemes and are evaluated by considering 1) their defeasibility, and 2) the acceptability of the implicit premises on which they are based. The assessment of both the relevance of an utterance and the strength thereof depends on the evaluation of three interrelated factors: 1) number of inferential steps required; 2) the types of argumentation schemes involved; and 3) the implicit premises required. (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)

The reasoning process of analogy is characterized by a strict interdependence between a process of abstraction of a common feature and the transfer of an attribute of the Analogue to the Primary Subject. The first reasoning step is regarded as an abstraction of a generic characteristic that is relevant for the attribution of the predicate. The abstracted feature can be considered from a logic-semantic perspective as a functional genus, in the sense that it is contextually essential for the attribution of (...) the predicate, i.e. that is pragmatically fundamental (i.e. relevant) for the predica-tion, or rather the achievement of the communicative intention. While the transfer of the predicate from the Analogue to the analogical genus and from the genus to the Primary Subject is guaranteed by the maxims (or rules of inference) governing the genus-species relation, the connection between the genus and the predicate can be complex, characterized by various types of reasoning patterns. The relevance relation can hide implicit arguments, such as an implicit argument from classification , an evaluation based on values, consequences or rules, a causal relation, or an argument from practical reasoning. (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)

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 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 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)