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 (...) class='Hi'>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)

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)

Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method (...) is inductive, bottom-up, gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (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)

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)

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)

Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method (...) is inductive, bottom-up, gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (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)

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.

An argumentation profile is defined as a methodological instrument for analyzing argumentative discourse considering distinct and interrelated dimensions: the types of argument used, their quality, and the emotions triggered. Walton’s theoretical contributions are developed as a coherent analytical and multifaceted toolbox for capturing these aspects. Argumentation schemes are used to detect and quantify the types of argument. Fallacy analysis and the assessment of the implicit premises retrieved through the schemes allow evaluating arguments. Finally, the frequency of emotive words signals the (...) most common emotions aroused. This method is illustrated through a corpus of argumentative tweets of three politicians. (shrink)

In Mind as Metaphor, Adam Toon interprets folk psychological discourse metaphorically. Based on Kendall Walton’s theory of metaphor, he argues that folk psychology ought to be understood in terms of prop-oriented make-believe that relies on representationally essential metaphors. Toon insists that this fictionalist view of everyday mental talk preserves what we commonly think folk psychology can achieve: it does not only rationalize but explains behavior causally. In this paper, first we raise concerns about Toon’s characterization of folk psychology as (...) metaphorical. Then we proceed to show that representationally essential metaphors are incompatible with genuine causal explanation. And finally, we argue that no construal of mental fictionalism can preserve the epistemic virtues we commonly ascribe to folk psychological discourse. (shrink)

Some examples suggest that religious credences respond to evidence. Other examples suggest they are wildly unresponsive. So the examples taken together suggest there is a puzzle about whether descriptive religious attitudes respond to evidence or not. I argue for a solution to this puzzle according to which religious credences are characteristically not responsive to evidence; that is, they do not tend to be extinguished by contrary evidence. And when they appear to be responsive, it is because the agents with those (...) credences are playing what I call The Evidence Game, which in fundamental ways resembles the games of make-believe described by Walton's theory of make-believe. (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)

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)

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)

On various occasions, Kendall Walton has put forward a theory of depiction based on the notion of make-believe: P depicts something only if in virtue of having a perception of P, one makes believe that that very experience is the perception of P’s subject. As a consequence, if an individual is not able to make believe, whatever they face in their perception does not count as a depiction for her. Yet there are many evidences from developmental psychology that show (...) that very little children still unable to make believe can grasp a picture’s figurative value. As a result, Walton’s theory of depiction seems to be inadequate from an empirical point of view. Moreover, it also appears to be inadequate from a conceptual point of view. Walton’s ambition is to account in pretence-theoretical terms of what the twofold experience of seeing-in, which Wollheim took to be a necessary condition of depiction, amounts to. Yet relying on make-believe, hence on imagination, does not account for the genuinely perceptual character of the “seeing-in” experience. No treatment of imagination in terms of visualization seems to achieve such a purpose. (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)

According to Millianism, the meaning of a name is exhausted by its referent. According to anti-realism about fictional entities, there are no such entities. If there are no fictional entities, how can we explain the apparent meaningfulness of fictional names? Our best theory of fiction, Walton’s theory of make-believe, makes the same assumptions but lacks the theoretical resources to answer the question. In this paper, I propose a pragmatic solution in terms of two main dimensions of meaning, a (...) subjective, psychological dimension and an intersubjective, public dimension. The psychological dimension builds on the notion of mental files; the public dimension builds on Stalnaker’s notion of common ground. The account is coherent with two main theoretical principles, parsimony and uniformity. Furthermore, it satisfies three explanatory conditions posed by the intentionality of our thought and discourse about fiction, object-directedness, counterfictional imagining and intersubjective identification. (shrink)

Building upon the role values take in Walton’s theory of practical reasoning, this paper will frame the question of how values should be evaluated into the broader question of what reasonable practical argumentation is. The thesis argued for is that if a positive evaluation of practical reasoning argumentation requires that the argument avoid a morally negative conclusion, then the role of values should be given a central, rather than supportive, position in practical argument evaluation.

It is widely acknowledged that categories play significant roles in the appreciation of artworks. This paper argues that the correct categories of artworks are institutionally established through social processes. Section 1 examines the candidates for determining correct categories and proposes that this question should shift the focus from category membership to appreciative behaviour associated with categories. Section 2 draws on Francesco Guala’s theory of institutions to show that categories of artworks are established as rules-in-equilibrium. Section 3 reviews the explanatory (...) benefits of this institutional theory of the correct category. [Winner of the 2022 Debates in Aesthetics Essay Prize]. (shrink)

According to theological fictionalism, God has the same status as a fictional character in a novel or a movie. Such a claim has been defended by Robin Le Poidevin on the basis of Kendall Walton’s theory of make believe. But it is not only a philosophical esoteric account of religious beliefs, it is now an exoteric view, sometimes accepted by "believers" themselves, and so could even be considered a postmodern heresy. But theological fictionalism does not work: faith is real (...) assent and not make believe; belief is different from acceptance; belief and faith are dispositional, but make believe seems to presuppose an account of beliefs as occurrent states; we cannot anymore imagine at will than we can believe at will. (shrink)

Douglas Walton’s work is extremely vast, multifaceted, and interdisciplinary. He developed theoretical proposals that have been used in disciplines that are not traditionally related to philosophy, such as law, education, discourse analysis, artificial intelligence, or medical communication. Through his papers and books, Walton redefined the boundaries not only of argumentation theory, but also logic and philosophy. He was a philosopher in the sense that his interest was developing theoretical models that can help explain reality, and more importantly interact with (...) it. For this reason, he proposed methods that have been used for analyzing different types of dialogical interactions, and modeling procedures for regulating them. (shrink)

Any philosophy of science ought to have something to say about the nature of mathematics, especially an account like constructive empiricism in which mathematical concepts like model and isomorphism play a central role. This thesis is a contribution to the larger project of formulating a constructive empiricist account of mathematics. The philosophy of mathematics developed is fictionalist, with an anti-realist metaphysics. In the thesis, van Fraassen's constructive empiricism is defended and various accounts of mathematics are considered and rejected. Constructive empiricism (...) cannot be realist about abstract objects; it must reject even the realism advocated by otherwise ontologically restrained and epistemologically empiricist indispensability theorists. Indispensability arguments rely on the kind of inference to the best explanation the rejection of which is definitive of constructive empiricism. On the other hand, formalist and logicist anti-realist positions are also shown to be untenable. It is argued that a constructive empiricist philosophy of mathematics must be fictionalist. Borrowing and developing elements from both Philip Kitcher's constructive naturalism and Kendall Walton's theory of fiction, the account of mathematics advanced treats mathematics as a collection of stories told about an ideal agent and mathematical objects as fictions. The account explains what true portions of mathematics are about and why mathematics is useful, even while it is a story about an ideal agent operating in an ideal world; it connects theory and practice in mathematics with human experience of the phenomenal world. At the same time, the make-believe and game-playing aspects of the theory show how we can make sense of mathematics as fiction, as stories, without either undermining that explanation or being forced to accept abstract mathematical objects into our ontology. All of this occurs within the framework that constructive empiricism itself provides the epistemological limitations it mandates, the semantic view of theories, and an emphasis on the pragmatic dimension of our theories, our explanations, and of our relation to the language we use. (shrink)

In "Rethinking Sadomasochism," Patrick Hopkins challenges the "radical" feminist claim that sadomasochism is incompatible with feminism. He does so by appeal to the notion of "simulation." I argue that Hopkins's conclusions are generally right, but they cannot be inferred from his "simulation" argument. I replace Hopkins's "simulation" with Kendall Walton's more sophisticated theory of "make-believe." I use this theory to better argue that privately conducted sadomasochism is compatible with feminism.

Kendall Walton explains pictures in terms of games of perceptual make-believe. Pictures or depictions are props that draw us to participate in games of make-believe where we imagine seeing what a picture depicts. Walton proposes that one imagines of one’s perceptual experience of the coloured canvas that it is a different perceptual experience. The issue is whether perception and imagination can combine the way Walton suggests. Can one imagine a perception to be different? To get a clearer understanding of the (...) unified perceptual-imaginative experience Walton posits, the paper turns to competing theories that explain perceptual experience in terms of contents, relations to objects, or both contents and relations. Walton appeals to theories of perceptual content and cognitive penetration. But it is also important to examine whether his view fits with recent theories that explain perception only in terms of relations or in terms of both contents and relations. The paper argues that Walton’s view is compatible with content theories of perception and can be defended from some objection once we look at the detail these theories offer. Walton’s view is not compatible with pure relational theories of perception but it can be explained by hybrid content-relational theories of perception that posit de re senses. (shrink)

In this paper I propose an account of representation for scientific models based on Kendall Walton’s ‘make-believe’ theory of representation in art. I first set out the problem of scientific representation and respond to a recent argument due to Craig Callender and Jonathan Cohen, which aims to show that the problem may be easily dismissed. I then introduce my account of models as props in games of make-believe and show how it offers a solution to the problem. Finally, I (...) demonstrate an important advantage my account has over other theories of scientific representation. All existing theories analyse scientific representation in terms of relations, such as similarity or denotation. By contrast, my account does not take representation in modelling to be essentially relational. For this reason, it can accommodate a group of models often ignored in discussions of scientific representation, namely models which are representational but which represent no actual object. (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)

To vindicate morality against skeptical doubts, Kant must show that agents can be moved to act independently of their sensible desires. Kant must therefore answer a motivational question: how does an agent get from the cognition that she ought to act morally to acting morally? Affectivist interpretations of Kant hold that agents are moved to act by feelings, while intellectualists appeal to cognition alone. To overcome the significant shortcomings of each view, I develop a hybrid theory of motivation. My (...) central interpretive claim is that Kant is a special kind of motivational internalist: on his view, agents are moved to act by a feeling of intellectual pleasure at the prospect of accomplishing a task they have set for themselves, a feeling that originates in free choice. The resulting theory is immune to the challenges facing intellectualism and affectivism, thus strengthening the prospects of Kant’s justification of morality. (shrink)

The Introduction provides an overview of Kendall Walton’s make-believe framework for a variety of representations and his arguments that such representations are dependent on their social or historical context. Walton argues that diverse representations involve our capacities for imagination and make-believe with props; they overlap with the fictional. Focusing on make-believe with props explains paradigmatic representational arts such as paintings and novels, theater and film. But this perspective reaches beyond the arts: it explains pictures and photographs in general not only (...) artistic ones; stories in general as well as literary and performing arts; music; metaphors, and even the claims we make about fictional entities and existence. The first section explains the main points of the make-believe framework in Mimesis as Make-Believe, and it reconstructs Walton’s argument in “Categories of Art” that some aesthetic properties depend on the perceptible and historical categories of art to which a work belongs. The second section outlines Walton’s specific proposals about literary fiction, fictional characters, poetry, pictures, photographs, music and negative existential claims. These explanations are integrated with summaries of the papers. The third section examines Walton’s implicit view of two much-discussed issues: the ontology of art and definitions of art. This discussion clears away some misunderstandings of Walton’s contextualism or historicism and relates Walton’s work to Arthur Danto’s and Frank Sibley’s. (shrink)

Recent philosophy of science has seen a number of attempts to understand scientific models by looking to theories of fiction. In previous work, I have offered an account of models that draws on Kendall Walton’s ‘make-believe’ theory of art. According to this account, models function as ‘props’ in games of make-believe, like children’s dolls or toy trucks. In this paper, I assess the make-believe view through an empirical study of molecular models. I suggest that the view gains support when (...) we look at the way that these models are used and the attitude that users take towards them. Users’ interaction with molecular models suggests that they do imagine the models to be molecules, in much the same way that children imagine a doll to be a baby. Furthermore, I argue, users of molecular models imagine themselves viewing and manipulating molecules, just as children playing with a doll might imagine themselves looking at a baby or feeding it. Recognising this ‘participation’ in modelling, I suggest, points towards a new account of how models are used to learn about the world, and helps us to understand the value that scientists sometimes place on three-dimensional, physical models over other forms of representation. (shrink)

The descriptions and theoretical laws scientists write down when they model a system are often false of any real system. And yet we commonly talk as if there were objects that satisfy the scientists’ assumptions and as if we may learn about their properties. Many attempt to make sense of this by taking the scientists’ descriptions and theoretical laws to define abstract or fictional entities. In this paper, I propose an alternative account of theoretical modelling that draws upon Kendall Walton’s (...) ‘make-believe’ theory of representation in art. I argue that this account allows us to understand theoretical modelling without positing any object of which scientists’ modelling assumptions are true. (shrink)

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

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)

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)

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)

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)

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)

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)

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)

A problem for dialogue models of argumentation is to specify a set of conditions under which an opponent’s claims, offered in support of a standpoint under dispute, ought to be challenged. This project is related to the issue of providing a set of acceptability conditions for claims made in a dialogue. In this paper, we consider the conditions of suspicion and trust articulated by Jacobs (Alta, 2003), arguing that neither are acceptable as general conditions for challenge. We propose a third (...) condition that attempts to mark a middle ground between suspicion and trust. (shrink)

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)

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)

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)

Davidson’s theory of agency aims to solve the dilemma that the same action can be both intentional and not intentional. He explains primitive actions using primarily bodily movements and argues that event-causality can be described through the “accordion effect”, but not agent-causality. And Davidson uses reasons as causes to explain the actions and responds to five objections. In this paper, I critique Davidson’s argument, pointing out that he ignores certain factors in the belief-desire model, such as emotions. And his (...) sentence holism has a problem because individual words that express complete thoughts can explain actions in language games. As a result, Davidson’s criticism of Wittgenstein is not reasonable. (shrink)

Dmitri Nikulin is one of the few contemporary philosophers to have devoted books to the topic of dialogue and the dialogical self, especially in the last fifteen years. Yet his work on dialogue and the dialogical has received scant attention by philosophers, and this neglect has hurt the ongoing development of contemporary philosophical work on dialogicality. I want to address this lacuna in contemporary philosophical scholarship on dialogicality and suggest that, although Nikulin’s account is no doubt insightful and thought-provoking, it (...) is problematic for two main reasons: first, his account fails to recognize the proper relationship between dialogue and agency; and second, his enumeration of the necessary and sufficient conditions for dialogue contains conceptual inconsistencies. (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)

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)

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 I offer an alternative interpretation of Immanuel Kant’s theory of laughter that can meet the challenges left behind by the interpretations that have so far been given. I argue that laughter is a reaction to the dissolution of nonsense, which takes the form of realizing our own misconceptions about the object. Laughter reveals something about our cognitive and rational system: namely, that it is insufficient to explain all of our experiences and perceptions of the world and (...) that we often need to revise our expectations in order to make sense of the world. In this respect, laughter stands in a direct opposition to Kant’s notion of the sublime. (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)