Douglas Walton

(? - 2020)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning.

This book offers a new theory of begging the question as an informal fallacy, within a pragmatic framework of reasoned dialogue as a normative theory of critical argumentation. The fallacy of begging the question is analyzed as a systematic tactic to evade fulfillment of a legitimate burden of proof by the proponent of an argument. The technique uses a circular structure of argument to block the further progress of dialogue and, in particular, the capability of the respondent to ask legitimate critical questions in reply to the argument. Walton analyzes the concept of burden of proof in argument, and provides chapters on the use of argument diagramming as a technique of argument reconstruction. This powerful method of argument analysis developed therein is then applied to more than 100 case studies of circular argumentation where the charge of begging the question is or has been thought to be an appropriate criticism. Throughout this work, Walton throws light on the relationship between the problem of circular reasoning and broader issues in the critical analysis of argumentation. Ground-breaking use is made of the pragmatic theory of argument as interactive dialogue. Rules for several kinds of dialogue framework provide standards of good reasoning to validate or to refute the criticism that a particular argument begs the question. This book is directed to students and professionals in the fields of speech communication, philosophy, linguistics, logic, dispute mediation, and education.

This is an introductory guide to the basic principles of constructing good arguments and criticizing bad ones. It is nontechnical in its approach, and is based on 150 key examples, each discussed and evaluated in clear, illustrative detail. The author explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound argument strategies for reasoned persuasion and critical questions for responding. Among the many subjects covered are: techniques of posing, replying to, and criticizing questions, forms of valid argument, relevance, appeals to emotion, personal attack, uses and abuses of expert opinion, problems in deploying statistics, loaded terms, equivocation, and arguments from analogy.

Walton's book is a study of several fallacies in informal logic. Focusing on question-answer dialogues, and committed to a pragmatic rather than a semantic approach, he attempts to generate criteria for evaluating good and bad questions and answers. The book contains a discussion of such well-recognized fallacies as many questions, black-or-white questions, loaded questions, circular arguments, question-begging assertions and epithets, ad hominem and tu quoque arguments, ignoratio elenchi, and replying to a question with a question. In addition, Walton develops several artificial dialogue games and has an excellent discussion of burden of proof in nonlegal contexts. The discussion is for the most part nontechnical and does not presuppose any training in formal logic. It is illustrated with many (sometimes overlong) examples of fallacies drawn from real life--mostly debates in the Canadian House of Commons. . . . Walton's book breaks new ground on a number of issues. Choice This first full-length study of logical fallacies, errors, faults, illicit attacks, blunders, and other critical deficiencies in interrogation and reply has been written in the tradition of informal fallacies in logic. It is especially valuable, readable, and interesting because of the 139 case studies it presents, many of these case studies come from political debates and some from interviews, legal cross-examinations, and other sources. Walton uses these challenging examples of tricky, aggressive, argumentative, or fallacious questions to develop coherent and pragmatic guidelines for criticizing questionable questions (and in some cases their replies) on logical grounds. Among the types of problematic questions analyzed are: the traditional so-called fallacy of many questions, illustrated by the famous Have you stopped beating your wife?; black and white questions; terminologically loaded questions; and questions containing personal attacks. These and other types of problematic questions as well as evasive replies and replying to a question with a question are studied. Critical errors of reasoning are identified and analyzed by developing context-based, normative models of reasonable dialogue in which a questioner must have freedom to ask informative and probing questions, and the respondent must be constrained to give reasonably direct, not overly evasive answers. In this era of negative and evasive political campaigning, with candidates employing skillful tactics of manipulating public opinion to assure election rather than taking clear stands and seriously debating issues in an informed and sincere manner, Question-Reply Argumentation is especially relevant reading for those who take democracy seriously. The methods used reflect a significant shift from earlier semantically based theories to current pragmatic, dialogue-based models, and will be of interest to logicians and linguists. The volume's conclusions should challenge some current preconceptions. Recommended reading for courses in logic, speech communications, linguistics, philosophy of language, areas of political science relating to political discourse and debate, courses on questioning in cognitive psychology, and courses on critical thinking in education.

The basic question of this monograph is: how should we go about judging arguments to be reasonable or unreasonable? Our concern will be with argument in a broad sense, with realistic arguments in natural language. The basic object will be to engage in a normative study of determining what factors, standards, or procedures should be adopted or appealed to in evaluating an argument as "good," "not-so-good," "open to criticism," "fallacious," and so forth. Hence our primary concern will be with the problems of how to criticize an argument, and when a criticism is reasonably justified.

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.

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.

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.

In some recent cases in Anglo-American law juries ruled contrary to an expert's testimony even though that testimony was never challenged, contradicted or questioned in the trial. These cases are shown to raise some theoretical questions about formal dialogue systems in computational dialectical systems for legal argumentation of the kind recently surveyed by Bench-Capon (1997) and Hage (2000) in this journal. In such systems, there is a burden of proof, meaning that if the respondent questions an argument, the proponent is obliged to offer some support for it give it up. But what should happen in a formal system of dialogue if the proponent puts forward an argument and the respondent fails to critically question it, and simply moves on to another issue? Is this some kind of fault that should have implications? Should it be taken to imply that, by default, the respondent has conceded the argument? What, if anything, should be the outcome of such a failure to question in a formal dialogue system of argumentation? These questions are considered by examining some legal cases of expert opinion testimony in relation rules for formal dialectical argumentation systems.

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.

SummaryThis paper studies some classic cases of the fallacy of begging the question based on appeals to testimony containing circular reasoning. For example, suppose agents a, b and c vouch for d’s credentials, and agents b, d, and e vouch for a’s credentials. Such a sequence of reasoning is circular because a is offering testimony for d but d is offering testimony for a. The paper formulates and evaluates restrictions on the use of testimonial evidence that might be used to deal with such problematic arguments. One is called the Non-repeater Rule: in an extended sequence of argumentation based on testimony, once a source x has been appealed to at any given point in the sequence, that same source x must never be appealed to again at any next point in the same sequence.

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

In this paper, the Carneades argumentation system is extended to represent a procedural view of inquiry in which evidence is marshalled to support or defeat claims to knowledge. The model is a sequence of moves in a collaborative group inquiry in which parties take turns making assertions about what is known or not known, putting forward evidence to support them, and subjecting these moves to criticisms. It is shown how this model of evaluating evidence in an inquiry is based on a defeasible logic using forms of argument that admit exceptions. It is contended that reasoning from absence of knowledge is as important to inquiry as positive reasoning from evidence to knowledge. The philosophical conflict between this view of reasoning about knowledge and the true-belief-plus view is explored by airing objections and replies on both sides

A new pragmatic approach, based on the latest developments in argumentation theory, analyzing appeal to expert opinion as a form of argument. Reliance on authority has always been a common recourse in argumentation, perhaps never more so than today in our highly technological society when knowledge has become so specialized—as manifested, for instance, in the frequent appearance of "expert witnesses" in courtrooms. When is an appeal to the opinion of an expert a reasonable type of argument to make, and when does it become a fallacy? This book provides a method for the evaluation of these appeals in everyday argumentation. Specialized domains of knowledge such as science, medicine, law, and government policy have gradually taken over as the basis on which many of our rational decisions are made daily. Consequently, appeal to expert opinion in these areas has become a powerful type of argument. Challenging an argument based on expert scientific opinion, for example, has become as difficult as it once was to question religious authority. Walton stresses that even in cases where expert opinion is divided, the effect of it can still be so powerful that it overwhelms an individual's ability to make a decision based on personal deliberation of what is right or wrong in a given situation. The book identifies the requirements that make an appeal to expert opinion a reasonable or unreasonable argument. Walton's new pragmatic approach analyzes that appeal as a distinctive form of argument, with an accompanying set of appropriate critical questions matching the form. Throughout the book, a historical survey of the key developments in the evolution of the argument from authority, dating from the time of the ancients, is given, and new light is shed on current problems of "junk science" and battles between experts in legal argumentation.

This paper addresses the problem posed by the current split between the two opposed hypotheses in the growing literature on the fallacy of begging the question the epistemic hypothesis, based on knowledge and belief, and the dialectical one, based on formal dialogue systems. In the first section, the nature of split is explained, and it is shown how each hypothesis has developed. To get the beginning reader up to speed in the literature, a number of key problematic examples are analyzed illustrating how both approaches can be applied. Useful tools are brought to bear on them, including the automated argument diagramming system Araucaria, and profiles of dialogue used to represent circular argumentation in a dialogue tableau format. These tools are used to both to model circular reasoning and to provide the contextual evidence needed to properly determine whether the circular reasoning in a given case is better judged fallacious or not. A number of technical problems that have impeded the development of both hypotheses are studied. One central problem is the distinction between argument and explanation. It is concluded that the best way to move forward and solve these problems is to reformulate the two hypotheses in such a way that they might be able to co-exist. On this basis, a unified methodology is proposed that allows each hypothesis to move forward as a legitimate avenue for research using the same tools.

This investigation uses the technique of the profile of dialogue as a tool for the evaluation of arguments from ignorance (also called lack-of-evidence arguments, negative evidence, ad ignorantiam arguments and ex silentio arguments). Such arguments have traditionally been classified as fallacies by the logic textbooks, but recent research has shown that in many cases they can be used reasonably. A profile of dialogue is a connected sequence of moves and countermoves in a conversational exchange of a type that is goal-directed and can be represented in a normative model of dialogue. Selected case studies are used to probe special features of using the profile technique as applied to arguments from ignorance of a kind that occur frequently in everyday conversational exchanges. One of these special features is the use of Gricean implicature. Another is the need to use negative profiles of argument