Douglas Walton

(? - 2020)

Scare Tactics, the first book on the subject, provides a theory of the structure of reasoning used in fear and threat appeal argumentation. Such arguments come under the heading of the argumentum ad baculum, the `argument to the stick/club', traditionally treated as a fallacy in the logic textbooks. The new dialectical theory is based on case studies of many interesting examples of the use of these arguments in advertising, public relations, politics, international negotiations, and everyday argumentation on all kinds of subjects. Many of these arguments are amusing, once you see the clever tactic used; others are scary. Some of the arguments appear to be quite reasonable, while others are highly suspicious, or even outrageously fraudulent. In addition to the examples taken from logic textbooks, other cases treated come from a variety of sources, including political debates, legal arguments, and arguments from media sources, like magazine articles and television ads. The purpose of this book is to explain how such arguments work as devices of persuasion, and to develop a method for analyzing and evaluating their reasonable and fallacious uses in particular cases. The book shows how such arguments share a common structure, revealing several distinctive forms of argument nested within each other. Based on its account of this cognitive structure, the new dialectical theory presents methods for identifying, analyzing, and evaluating these arguments, as they are used in specific cases. The book is a scholarly contribution to argumentation theory. It is written in an accessible style, and uses many colorful and provocative examples of fear and threat appeal arguments that are suitable for classroom discussions. The matters treated will be of interest to professionals and students in law, critical thinking, advertising, speech communication, informal logic, cognitive science, rhetoric, and media studies.

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.

Argument schemes are abstractions substantiating the inferential connection between premise(s) and conclusion in argumentative communication. Identifying such conventional patterns of reasoning is essential to the interpretation and evaluation of argumentation. Whether studying argumentation from a theory-driven or data-driven perspective, insight into the actual use of argumentation in communicative practice is essential. Large and reliably annotated corpora of argumentative discourse to quantitatively provide such insight are few and far between. This is all the more true for argument scheme corpora, which tend to suffer from a combination of limited size, poor validation, and the use of ad hoc restricted typologies. In the current paper, we describe the annotation of schemes on the basis of two distinct classifications: Walton’s taxonomy of argument schemes, and Wagemans’ Periodic Table of Arguments. We describe the annotation procedure for each, and the quantitative characteristics of the resulting annotated text corpora. In doing so, we extend the annotation of the preexisting US2016 corpus of televised election debates, resulting in, to the best of our knowledge, the two largest consistently annotated corpora of schemes in argumentative dialogue publicly available. Based on evaluation in terms of inter-annotator agreement, we propose further improvements to the guidelines for annotating schemes: the argument scheme key, and the Argument Type Identification Procedure.

This paper looks into the known evidence on the origins of the type of argument called the circumstantial ad hominemargument in modern logic textbooks, and introduces some new evidence. This new evidence comes primarily from recent historical work by Jaap Mansfeld and Jonathan Barnes citing many cases where philosophers in the ancient world were attacked on the grounds that their personal actions failed to be consistent with their philosophical teachings. On the total body of evidence, two hypotheses about the roots of the circumstantial ad hominem are considered. One is that it came from Aristotle through Locke. The other is that it may have had separate roots in these ancient philosophical writings that criticized philosophers for not practicing what they preached

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 93-112 [Access article in PDF] Enthymemes, Common Knowledge, and Plausible Inference Douglas Walton The study of enthymemes has always been regarded as important in logic, critical thinking, and rhetoric, but too often it is the formal or mechanistic aspect of it that has been in the forefront. This investigation will show that there is a kind of plausibilistic script-based reasoning, of a kind that has mainly been studied in artificial intelligence, that should have a much more important role to play in the study of enthymemes. But then curiously, as will also be shown, this plausibilistic type of reasoning was familiar in the ancient world, to the Sophists, as well as to leading philosophers such as Plato and Aristotle. By linking this ancient notion of plausibility to the modern notion used in computer science, this investigation reveals an important basis for the enthymeme that has a type of logical structure in its own right, but also has an informal aspect.An enthymeme, in current usage, is an argument that has one or more premises, or possibly a conclusion, not explicitly stated in the text, but that needs to have these propositions explicitly stated to extract the complete argument from the text. Sometimes enthymemes are described as arguments with "missing premises." That vocabulary is awkward, however, because the nonexplicit statement that needs to be added can be a conclusion, at least in a minority of cases. To make the exposition below smoother, the term nonexplicit assumption will be used to cover either the case of a nonexplicit premise or that of a nonexplicit conclusion. The problem with enthymemes is that if the nonexplicit assumptions in an argument are supposed to be propositions used by the arguer (as opposed to just the propositions needed to make the argument structurally correct, according to some standard), reasonable people can have differences of opinion on what the nonexplicit assumptions are supposed to be. The problem is that filling in the missing parts of enthymemes depends on interpreting the natural language [End Page 93] in which the argument was put forward to try to determine what the speaker meant to say.The solution to the problem comes through the recognition that enthymemes rest not only on formal (structural) criteria, but also on informal criteria. One of the most important of these informal criteria is something often called "common knowledge" (Govier 1992; Freeman 1995). But as shown below in a set of selected case studies of enthymemes, "common knowledge" is not really a kind of knowledge at all. It is really plausibility, or eikos, something well known in the ancient world and often misleadingly translated as "probability." Curiously, Aristotle's original doctrine of the enthymeme was based on this notion of plausibility. This historical fact has often been a source of puzzlement and confusion, and sometimes it has even been taken to indicate a defect or contradiction in Aristotle's treatment of the enthymeme. However, the goal of this investigation is not primarily historical. It is to work out one of the most important required steps toward a solution to the problem of enthymemes. But to do this, it is necessary to come back to the ancient notion of plausible inference. 1. The problem with enthymemes Once you have any formal theory of inference, like syllogistic, for example, you will be confronted by cases of arguments in everyday discourse that meet all the requirements for a structurally correct inference except that some part or parts, usually a premise or a conclusion, is missing. By "missing" is meant that the proposition in question has not been explicitly stated in the text of discourse, even though it may be clear enough that the speaker (writer) was relying on it, or including it, as part of the argument. The classic example is the following inference: All men are mortal; therefore, Socrates is mortal. To evaluate such an argument, surely some account of the "hidden" or "missing" assumption needs to be taken. The problem with enthymemes (Burke 1985; Gough and Tindale 1985; Hitchcock 1985) is that, if given carte...

An ancient argument attributed to the philosopher Carneades is presented that raises critical questions about the concept of an all-virtuous Divine being. The argument is based on the premises that virtue involves overcoming pains and dangers, and that only a being that can suffer or be destroyed is one for whom there are pains and dangers. The conclusion is that an all-virtuous Divine (perfect) being cannot exist. After presenting this argument, reconstructed from sources in Sextus Empiricus and Cicero, this paper goes on to model it as a deductively valid sequence of reasoning. The paper also discusses whet her the premises are true. Questions about the possibility and value of proving and disproving the existence of God by logical reasoning are raised, as well as ethical questions about how the cardinal ethical virtues should be defined.

The aim of this investigation is to explore the role of argumentation schemes in enthymeme reconstruction. This aim is pursued by studying selected cases of incomplete arguments in natural language discourse to see what the requirements are for filling in the unstated premises and conclusions in some systematic and useful way. Some of these cases are best handled using deductive tools, while others respond best to an analysis based on defeasible argumentations schemes. The approach is also shown to work reasonably well for weak arguments, a class of arguments that has always been difficult to analyze without the principle of charity producing a straw man.

Multimorbidity, the presence of multiple health conditions that must be addressed, is a particularly difficult situation in patient management raising issues such as the use of multiple drugs and drug-disease interactions. Clinical Guidelines are evidence-based statements which provide recommendations for specific health conditions but are unfit for the management of multiple co-occurring health situations. To leverage these evidence-based documents, it becomes necessary to combine them. In this paper, using a case example, we explore the use of argumentation schemes to reason and combine evidence-based recommendations from clinical guidelines, expected effects, conflicts stemming from said recommendations, and preferences regarding treatment goals. We compare the results of reasoning using the schemes for practical reasoning and argument from negative consequences in the Carneades Argumentation System with those of ASPIC-G, an extension of the artificial intelligence system ASPIC+.

This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and develop an account of the relationship between critical questions and burden of proof. Our ultimate aim is to initiate a reconciliation between dialectical and informal logic approaches to the schemes

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.

There are two views of the ad hominem argument found in the textbooks and other traditional treatments of this argument, the Lockean or ex concessis view and the view of ad hominem as personal attack. This article addresses problems posed by this ambiguity. In particular, it discusses the problem of whether Aristotle's description of the ex concessis type of argument should count as evidence that he had identified the circumstantial ad hominem argument. Argumentation schemes are used as the basis for drawing a distinction between this latter form of argument and another called argument from commitment, corresponding to the ex concessis argument

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems.

This article evaluates the strengths and weaknesses of arguments based on appeals to expertise. The intersection of two areas is explored: (i) the traditional argumentum ad verecundiam (literally, “appeal to modesty,” but characteristically the appeal to the authority of expert judgment) in informal logic, and (ii) the uses of expert systems in artificial intelligence. The article identifies a model of practical reasoning that underlies the logic of expert systems and the model of argument appropriate for the informal logic of the argumentum ad verecundiam

In this paper we show how dialogue-based theories of argumentation can contribute to the construction of effective systems of dispute resolution. Specifically we consider the role of persuasion in online dispute resolution by showing how persuasion dialogues can be functionally embedded in negotiation dialogues, and how negotiation dialogues can shift to persuasion dialogues. We conclude with some remarks on how persuasion dialogues might be modelled is such a way as to allow them to be implemented in a mechanical or computerized system of dialogue or dialogue management.

Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to identifying, analyzing, and evaluating the pro and con arguments put forward by both sides in a trial. In this chapter, it is shown how to apply argumentation schemes, such as argument from witness testimony, using argument diagrams applied to typical sequences of evidence-based legal reasoning in which there is a successive refinement of arguments displayed as the evidence comes into a case. It is shown how argument from applying rules to cases, teleological, argument from expert witness testimony, and abductive reasoning are centrally important for this purpose.

This paper compares the features and methods of the two leading implemented systems that offer a tool for helping a user to find or invent arguments to support or attack a designated conclusion, the Carneades Argumentation System and the IBM Watson Debater tool. The central aim is to contribute to the understanding of scholars in informal logic, rhetoric and argumentation on how these two software systems can be useful for them. One contribution of the paper is to explain to these potential users how the two tools are applicable to the task of inventing arguments by using some simple illustrative examples. Another is to redefine the structure of argument invention as a procedure.

The aims of this paper are to survey, explicate, compare, contrast, and critically evaluate a number of (mainly recent and technical) contributions (Kanger, Porn and Áqvist) to the logic of action locutions in connection with their treatment of the concept of an agent's bringing about a state of affairs. The discussion is primarily concerned with practical applications of these formalisms for the action theorist. It is suggested that these systems are best understood as capturing a strategic sense of bringing-about, and not a notion of actual bringing-about, which is merely presupposed by them. It is argued that the developments surveyed open up a new 'intensional' style of action theory, contrasted with the 'extensional' approach of Davidson. Yet because of the treatment of conditionals, they fail to capture a basic notion of 'bringing about' important for action theory. It is concluded that a study of the behavior of 'bringing-about' over non-standard conditionals would be a useful next step for intensional action logic.