Douglas Walton

(? - 2020)

In the writings of Henry W. Johnstone, Jr. there can be found an evolving and gradually more sophisticated discussion of the relationship between rhetorical and dialectical argument. Johnstone's view on these matters was highly original, and at odds with the prevailing logical empiricism of the time, much like Toulmin's views on argumentation in The Uses of Argument (1958). In view of the rising importance of the issue of the relationship between rhetoric and informal logic, Johnstone's analysis of the argumentum ad hominem, and its relationship to Hamblin's notion of commitment, is especially worth careful consideration

This paper offers a dialogue theory of explanation. A successful explanation is defined as a transfer of understanding in a dialogue system in which a questioner and a respondent take part. The questioner asks a special sort of why-question that asks for understanding of something and the respondent provides a reply that transfers understanding to the questioner. The theory is drawn from recent work on explanation in artificial intelligence (AI), especially in expert systems, but applies to scientific, legal and everyday conversational explanations.

In this paper it is shown how tools developed in argumentation theory and artificial intelligence can be applied to the development of a new dialectical analysis of the speech act of making a proposal in a deliberation dialogue. These tools are developed, modified and used to formulate dialogue pre-conditions, defining conditions and post-conditions for the speech act of making a proposal in a deliberation dialogue. The defining conditions set out what is required for a move in a dialogue to count as the making of a proposal by one of the parties. What is required are the conditions that (1) the move fit the requirements of the argumentation scheme for practical reasoning, and (2) the premises are propositions describing common goals of both parties or propositions that they reasonably consider means to achieve these goals. The analysis goes beyond the standard speech act approach by specifying not only the normative requirements for making a well-formed proposal, but also the requirements for responding to it by questioning or criticizing it, and the requirements for defending it.

Even though tools for identifying and analyzing arguments are now in wide use in the field of argumentation studies, so far there is a paucity of resources for evaluating real arguments, aside from using deductive logic or Bayesian rules that apply to inductive arguments. In this paper it is shown that recent developments in artificial intelligence in the area of computational systems for modeling defeasible argumentation reveal a different approach that is currently making interesting progress. It is shown how these systems provide the general outlines for a system of argument evaluation that can be applied to legal arguments as well as everyday conversational arguments to assist a user to evaluate an argument.

The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are comparatively evaluated with the aim of working out a more comprehensive theory that can integrate the components of the argumentation structure on which they are based. It is shown that the notion of presumption has both a logical component and a dialectical component, and the new theory of presumption developed in the paper, called the dialogical theory, combines these two components.

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

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

Plausible (eikotic) reasoning known from ancient Greek (late Academic) skeptical philosophy is shown to be a clear notion that can be analyzed by argumentation methods, and that is important for argumentation studies. It is shown how there is a continuous thread running from the Sophists to the skeptical philosopher Carneades, through remarks of Locke and Bentham on the subject, to recent research in artificial intelligence. Eleven characteristics of plausible reasoning are specified by analyzing key examples of it recognized as important in ancient Greek skeptical philosophy using an artificial intelligence model called the Carneades Argumentation System (CAS). By applying CAS to ancient examples it is shown how plausible reasoning is especially useful for gaining a better understanding of evidential reasoning in law, and argued that it can also be applied to everyday argumentation. Our analysis of the snake and rope example of Carneades is also used to point out some ways CAS needs to be extended if it is to more fully model the views of this ancient philosopher on argumentation

The essence of the argument of the beard (so-called by some logic textbooks) is the tactic used by a respondent to reply to a proponent, "The criterion you used to define a key term in your argument is vague, therefore your use of this term in your argument is illegitimate, and your argument is refuted." This familiar kind of argument tactic is similar to the much more famous heap (sorites) argument of Eubulides, closely associated with the slippery slope argument. This article provides a system of classification for sorting out these three arguments, and related types of argument of interest in informal logic

_Arguments from Ignorance _explores the situations in which the argument from ignorance functions as a respectable form of reasoning and those in which it is indeed fallacious. Douglas Walton draws on everyday conversations on all kinds of practical matters in which the _argumentum ad ignorantiam _is used quite appropriately to infer conclusions. He also discusses the inappropriate use of this kind of argument, referring to various major case studies, including the Salem witchcraft trials, the McCarthy hearings, and the Alger Hiss case. This book makes an original contribution in the areas of argumentation theory and informal logic, contending that, despite its traditional classification as a fallacy, the argument from ignorance is a genuine, very common, and legitimate type of argumentation with an identifiable structure. But the book is also interdisciplinary in scope, explaining many widely interesting and controversial subjects in artificial intelligence, medical education, philosophy of science, and philosophy of law in a clear way that makes it accessible to a broad range of readers

In this paper, the traditional view that argumentum ad ignorantiam is a logical fallacy is challenged, and lessons are drawn on how to model inferences drawn from knowledge in combination with ones drawn from lack of knowledge. Five defeasible rules for evaluating knowledge-based arguments that apply to inferences drawn under conditions of lack of knowledge are formulated. They are the veridicality rule, the consistency of knowledge rule, the closure of knowledge rule, the rule of refutation and the rule for argument from ignorance. The basic thesis of the paper is that knowledge-based arguments, including the argument from ignorance, need to be evaluated by criteria for epistemic closure and other evidential rules that are pragmatic in nature, that need to be formulated and applied differently at different stages of an investigation or discussion. The paper helps us to understand practical criteria that should be used to evaluate all arguments based on knowledge and/or ignorance.

. A heuristic search procedure for inventing legal arguments is built on two tools already widely in use in argumentation. Argumentation schemes are forms of argument representing premise‐conclusion and inference structures of common types of arguments. Schemes especially useful in law represent defeasible arguments, like argument from expert opinion. Argument diagramming is a visualization tool used to display a chain of connected arguments linked together. One such tool, Araucaria, available free at , helps a user display an argument on the computer screen as an inverted tree structure with an ultimate conclusion as the root of the tree. These argumentation tools are applicable to analyzing a mass of evidence in a case at trial, in a manner already known in law using heuristic methods and Wigmore diagrams . In this paper it is shown how they can be automated and applied to the task of inventing legal arguments. One important application is to proof construction in trial preparation

Eight structural criteria are developed as part of a dialogical method by testing them against seven examples of arguments from negative consequences. The aim is to provide a method for evaluating the arguments in the examples as fallacious or not. It is shown that any method that can be satisfactorily used to evaluate such examples needs to be based on two techniques. The first is careful application of argumentation underlying shifts from one type of dialog to another schemes. The second is consideration of contextual factors concerning

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.

This paper offers a solution to the problem of understanding how a fallacious argument can be deceptive by “seeming to be valid”, or (better) appearing to be a better argument of its kind than it really is. The explanation of how fallacies are deceptive is based on heuristics and paraschemes. Heuristics are fast and frugal shortcuts to a solution to a problem that sometimes jump to a conclusion that is not justified. In fallacious instances, according to the theory proposed, this jump overlooks prerequisites of the defeasible argumentation scheme for the type of argument in question. Three informal fallacies, argumentum ad verecundiam , argumentum ad ignorantiam and fear appeal argument, are used to illustrate and explain the theory