I propose a way of understanding empathy on which it does not necessarily involve any-thing like thinking oneself into another’s shoes, or any imagining at all. Briefly, the empa-thizer uses an aspect of her own mental state as a sample, expressed by means of a phenomenal concept, to understand the other person. This account does a better job of explaining the connection between empathetic experiences and the objects of empathy than most traditional ones do. And it helps to clarify the (...) relations among different varieties of empathy and empathy-like experiences, including empathy with fictional characters. -/- . (shrink)

Prop oriented make-believe is make-believe utilized for the purpose of understanding what I call “props,” actual objects or states of affairs that make propositions “fictional,” true in the make-believe world. I, David Hills, and others have claimed that prop oriented make-believe lies at the heart of the functioning of many metaphors, and one variety of fictionalism in metaphysics invokes prop oriented make-believe to explain away apparent references to entities some find questionable or problematic (fictional characters, propositions, moral properties, numbers). Elisabeth (...) Camp has argued against my and David Hills’ views of metaphor. Her arguments, many of them echoed by Catharine Wearing, demolish a very implausible account of metaphor, but leave entirely untouched the views that Hills and I actually proposed. Clarifying what we say about metaphor serves also as a defense of fictionalist theories that invoke prop oriented make-believe. (shrink)

In this paper I consider Kendall Walton’s provocative views on the visual arts, including his approaches to understanding both figurative and nonfigurative painting. I introduce his central notion of fictionality, illustrating its advantages in explaining the phenomenon of ‘perceptual twofoldness’. I argue that Walton’s position treats abstract artwork reductively, and I outline two essential components of our aesthetic encounters with the nonfigurative that Walton excludes. I then offer some criticisms of his commitment to photographic realism, emphasising (...) its theoretical inconsistencies with his account of representation. My own proposal is that in our apprehension of non-figurative artworks, our attention is drawn to the underlying structures of both emotive and perceptual experience. In this way, paintings, particularly abstract ones, disclose human cognition in a manner that makes fictionality an inappropriate tool for their analysis. (shrink)

This paper analyzes Kendall Walton's theory of depiction and, more specifically, his notion of twofoldness. I argue that (1) Walton’s notion of twofoldness is, in spite of what Walton claims, very different from Richard Wollheim’s and (2) Walton’s notion of twofoldness is inconsistent with the rest of his theory of depiction.

Las soluciones a la paradoja de la ficción propuestas por Kendall Walton y Gregory Currie, a pesar de diferir en puntos de detalle importantes, suponen dos movimientos conceptuales comunes para entender la situación de quien está inmerso en una obra de ficción, a través del recurso a la noción de “cuasi-emociones” y de la idea de construcción de escenarios imaginarios. Aquí propondré que sus propuestas fallan en sus dos puntos centrales, a partir de problemas que son, sin embargo, (...) independientes. Por un lado, sus ideas sobre las emociones que sentimos al estar atrapados por una obra de ficción fallan al suponer una versión inaceptable de la tesis cognitivista acerca de las emociones. Por otro, sus ideas sobre la construcción de mundos imaginarios por parte de los “consumidores de ficción” fallan al suponer una dicotomía entre mundos de ficción y realidad. Finalmente, discutiré brevemente el modo en que ambos tipos de problemas repercuten sobre la viabilidad del planteo de la paradoja misma. (shrink)

Kendall Walton’s account of make-believe takes the social dimension of imagination into account. In this paper I aim to extend this suggestion and argue that works of fiction allow for encounters with concrete (yet fictitious) persons with a distinct point of view and a discernible perspective. These encounters allow us to contrast the perspective(s) that emerge from the work with one’s own. I will then discuss two moments of the social dimension: imagining fictional scenarios is a social practice, (...) a game we play together and in which we encounter others. Both of these moments shed light on the central role of fiction for the social community in which it is embedded and show how engaging with works of fiction can contribute to the inner cohesion and to the persistence of the group. (shrink)

Kendall Walton argues that photographs, like mirrors and microscopes, meet sufficient conditions to be considered a kind of prosthesis for seeing. Well aware of the controversiality of this claim, he offers three criteria for perception met by photographs like other perceptual aids which makes them transparent –that is, we see through them.1(II) Jonathan Cohen and Aaron Meskin attempt to refute the transparency thesis by arguing that photographs cannot be genuine prostheses for seeing because they fail to meet another (...) necessary condition, namely that of egocentric spatial information (ESI). Only devices that belong to a process type that carries ESI are, in principle, genuine prostheses for seeing.2 (III) I will offer a two- part refutation of the proposed disqualification of photographs by 1) offering an example of a case where another instance of the process-type to which photographs belong carries ESI, establishing the reliability of the process type that allegedly precluded photographs from qualifying (IV) and 2) offering another example to illustrate how photographs can meet the ESI condition. (V) . (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 study we offer a new way of applying Kendall Walton’s theory of make-believe to musical experiences in terms of psychologically inhibited games of make-believe, which Walton attributes chiefly to ornamental representations. Reading Walton’s theory somewhat against the grain, and supplementing our discussion with a set of instructive examples, we argue that there is clear theoretical gain in explaining certain important aspects of composition and performance in terms of psychologically inhibited games of make-believe consisting of (...) two interlaced game-worlds. Such complex games can accommodate a continuous rich spectrum of congruent modes of listening, which broaches both the formalist-type and the narrativist-type. We conclude that this sort of oblique reading of Walton’s original theory actually complements and completes Walton’s recent theoretic angle concerning thoughtwriting in music by way of affording it with a suitable conception for a mechanism of appropriation for music. (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)

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 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 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)

Are games essentially a form of make-believe, or essentially an act of struggling against obstacles? There have been several attempts to reduce one of these accounts to the other. Kendall Walton has argued for the primacy of the make-believe account of games. Even when we are struggling against obstacles in games, says Walton, we are engaged in a form of make-believe: we are making believe that these lines are real obstacles, that these points really matter. Bernard Suits (...) has argued for the primacy of the account of games as struggling against obstacles. Even when we are making believe in games, says Suits, we are still engaged in act act of struggling against obstacles. Usually we are struggling to keep the narrative going. I argue that Walton's and Suits' reductive attempts are both wrong: that there are two distinct activities, of making-believe and struggling against obstacles, neither of which is wholly reducible to a subset of the other. Importantly, in many games we are engaged in both making-believe and struggling against obstacles. But there are some games that are pure struggle with no make-believe (like games of real survival in the real wilderness). And there are games of pure make-believe, in which there are no obstacles or struggle. (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 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)

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)

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)

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 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)

I present and discuss a counterexample to Kendall Walton's necessary condition for fictionality that arises from considering serial fictions. I argue that although Walton has not in fact provided a necessary condition for fictionality, a more complex version of Walton's condition is immune from the counterexample.

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 I suggest that, over and above the need to explore and understand the technological newness of computer art works, there is a need to address the aesthetic significance of the changes and effects that such technological newness brings about, considering the whole environmental transaction pertaining to new media, including what they can or do offer and what users do or can do with such offerings, and how this whole package is integrated into our living spaces and activities. (...) I argue that, given the primacy of computer-based interaction in the new-media, the notion of ‘ornamentality’ indicates the ground-floor aesthetics of new-media environments. I locate ornamentality not only in the logically constitutive principles of the new-media (hypertextuality and interactivity) but also in their multiform cultural embodiments (decoration as cultural interface). I utilize Kendall Walton’s theory of ornamentality in order to construe a puzzle pertaining to the ornamental erosion of information in new-media environments. I argue that insofar as we consider new-media to be conduits of ‘real-life’, the excessive density of ornamental devices prevalent in certain new-media environments forces us to conduct our inquiries under conditions of neustic uncertainty, that is, uncertainty concerning the kind of relationship that we, the users, have to the propositional content mediated. I conclude that this puzzle calls our attention to a peculiar interrogatory complexity inherent in any game of knowledge-seeking conducted across the infosphere, which is not restricted to the simplest form of data retrieval, especially in mixed-reality environments and when the knowledge sought is embodied mimetically. (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)

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 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)

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 most well-known and controversial solution to the paradox of fiction is Kendall Walton’s, according to whom pity of (say) Anna Karenina is not genuine pity. Walton’s opponents argue that we can resolve the paradox of fiction while preserving the intuition that our response to Anna is ordinary, run-of-the-mill pity; and they claim that retaining this intuition explains more than Walton’s approach. In my view, the arguments of Walton’s opponents depend on idiosyncratic features of examples (...) involving purely fictional characters like Anna Karenina. What is really at issue is the fact that we respond emotionally to fiction in ways that are not explained by our beliefs, but instead by what we imagine. That this is the crux of the paradox of fiction becomes clear only when we consider fictions about real persons and events. And I contend that once we turn our attention to these cases, Walton’s theory proves significantly more explanatory than the opposition. (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)

Robert Kimball, in “What’s Wrong with Argumentum Ad Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

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)

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)

Ornamentality is pervasive in the new media and it is related to their essential characteristics: dispersal, hypertextuality, interactivity, digitality and virtuality. I utilize Kendall Walton's theory of ornamentality in order to construe a puzzle pertaining to the new media. the ornamental erosion of information. I argue that insofar as we use the new media as conduits of real life, the excessive density of ornamental devices which is prevalent in certain new media environments, forces us to conduct our inquiries (...) under conditions of neustic uncertainty, that is, uncertainty concerning the kind of relationship we, the users, have to the propositional content mediated. I suggest that this puzzle calls upon us to consider what would be a viable logic of virtual discovery. (shrink)

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)

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.

What does it mean for a proposition to be "true in a fiction"? According to the account offered by Kendall Walton in Mimesis as Make-Believe (1990), what is fictionally true, or simply fictional, is what a work of fiction invites or prescribes that we imagine. To say that it is fictional that Okonkwo kills Ikemefuna in Chinua Achebe's Things Fall Apart, for example, is to say that we are supposed to imagine that event. Yet Walton gives no (...) account of the kind of imagining relevant to understanding fictionality. In this paper I argue that the relevant kind of imagining is imagining a storyworld. I propose an account of this sort of imagining, as well as the nature of the invitations or prescriptions to imagine generated by fiction. I show that this account can be defended against various criticisms of Walton's original view, including his own argument in 2015 that prescriptions to imagine provide only necessary conditions for fictionality. (shrink)

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)

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)

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)

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)

Understanding everyday behavior relies heavily upon understanding our ability to improvise, how we are able to continuously anticipate and adapt in order to coordinate with our environment and others. Here we consider the ability of musicians to improvise, where they must spontaneously coordinate their actions with co-performers in order to produce novel musical expressions. Investigations of this behavior have traditionally focused on describing the organization of cognitive structures. The focus, here, however, is on the ability of the time-evolving patterns of (...) inter-musician movement coordination as revealed by the mathematical tools of complex dynamical systems to provide a new understanding of what potentiates the novelty of spontaneous musical action. We demonstrate this approach through the application of cross wavelet spectral analysis, which isolates the strength and patterning of the behavioral coordination that occurs between improvising musicians across a range of nested time-scales. Revealing the sophistication of the previously unexplored dynamics of movement coordination between improvising musicians is an important step towards understanding how creative musical expressions emerge from the spontaneous coordination of multiple musical bodies. (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 research behind this paper was motivated by Lyman Tower Sargent’s keynote address on Australian utopian literature, presented at the Demanding the Impossible: Utopia, Dystopia and Science Fiction conference, held at Monash University in 2007. 1 In the printed version of his paper, Sargent notes that the theme of religion “runs throughout Australian utopianism, but with extremely varied content.” 2 This is certainly true of the late Victorian era, when public discussion of issues relating to evolutionary theory and the role (...) of religion in society grew particularly intense. This paper will investigate some of the different treatments of science and religion in Australian utopian literature from 1870 to 1900. I will contend that an examination of this literature supports recent historiography, which contests the problematic science-versus-religion dichotomy that has often been used to characterise the Victorian “crisis of faith.” I will first consider the historical context of the late Victorian era and scholarly trends concerning the relationship between science and religion, before moving on to examine how some Australian utopian authors of the late nineteenth century approached the issues of science, Darwinism, eugenics, secularism, church reform, spiritualism, and agnosticism. Through a brief examination of selected contemporary utopian texts that focus on issues relating to science and religion, I intend to demonstrate the wide range of attitudes and beliefs influencing utopianism in late-nineteenth-century Australia. (shrink)

Robert Kimball, in “What’s Wrong with ArgumentumAd Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

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 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)