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123Jumping to a Conclusion: Fallacies and Standards of ProofInformal Logic 29 (2): 215-243. 2009.Five errors that fit under the category of jumping to a conclusion are identified: (1) arguing from premises that are insufficient as evidence to prove a conclusion (2) fallacious argument from ignorance, (3) arguing to a wrong conclusion, (4) using defeasible reasoning without being open to exceptions, and (5) overlooking/suppressing evidence. It is shown that jumping to a conclusion is best seen not as a fallacy itself, but as a more general category of faulty argumentation pattern underlying …Read more
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20A Dialectical Analysis of the Ad Baculum FallacyInformal Logic 34 (3): 276-310. 2014.This paper applies dialectical argumentation structures to the problem of analyzing the ad baculum fallacy. It is shown how it is necessary in order to evaluate a suspected instance of the this fallacy to proceed through three levels of analysis: an inferential level, represented by an argument diagram, a speech act level, where conditions for specific types of speech acts are defined and applied, and a dialectical level where the first two levels are linked together and fitted into formal dialo…Read more
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45The Basic Slippery Slope ArgumentInformal Logic 35 (3): 273-311. 2015.Although studies have yielded a detailed taxonomy of types of slippery slope arguments, they have failed to identify a basic argumentation scheme that applies to all. Therefore, there is no way of telling whether a given argument is a slippery slope argument or not. This paper solves the problem by providing a basic argumentation scheme. The scheme is shown to fit a clear and easily comprehensible example of a slippery slope argument that strongly appears to be reasonable, something that has als…Read more
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48Some Artificial Intelligence Tools for Argument Evaluation: An IntroductionArgumentation 30 (3): 317-340. 2016.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.…Read more
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73Begging the Question in Arguments Based on TestimonyArgumentation 19 (1): 85-113. 2005.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 probl…Read more
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30Is there a burden of questioning?Artificial Intelligence and Law 11 (1): 1-43. 2003.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 …Read more
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457Dichotomies and oppositions in legal argumentationRatio Juris 23 (2): 229-257. 2010.In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are argument structures underling…Read more
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46Reasoning about knowledge using defeasible logicArgument and Computation 2 (2-3). 2011.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 log…Read more
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83What is propaganda, and what exactly is wrong with it?Public Affairs Quarterly 11 (1997): 383-413. 1996.
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82Profiles of Dialogue for Evaluating Arguments from IgnoranceArgumentation 13 (1): 53-71. 1999.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…Read more
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94A Pragmatic Theory of FallacyUniversity Alabama Press. 2003.Although fallacies have been common since Aristotle, until recently little attention has been devoted to identifying and defining them. Furthermore, the concept of fallacy itself has lacked a sufficiently clear meaning to make it a useful tool for evaluating arguments. Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies. Walton uses case studies illustrating familiar arguments and tricky deceptions i…Read more
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6Journal of Applied Logic, to appear [uncorrected version posted].
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521Epistemic and Dialectical Models of Begging the QuestionSynthese 152 (2): 237-284. 2006.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 illustra…Read more
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735Argument from Analogy in Law, the Classical Tradition, and Recent TheoriesPhilosophy and Rhetoric 42 (2): 154-182. 2009.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, dialecti…Read more
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51Argument from analogy in legal rhetoricArtificial Intelligence and Law 21 (3): 279-302. 2013.This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity bet…Read more
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98Teleological Justification of Argumentation SchemesArgumentation 27 (2): 111-142. 2013.Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by th…Read more
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23An Automated System for Argument Invention in Law Using Argumentation and Heuristic Search ProceduresRatio Juris 18 (4): 434-463. 2005.. 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 f…Read more
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125Story Similarity in Arguments from AnalogyInformal Logic 32 (2): 190-221. 2012.In this paper a hybrid model of argument from analogy is presented that combines argumentation schemes and story schemes. One premise of the argumentation scheme for argument from analogy in the model claims that one case is similar to another. Story schemes are abstract representations of stories (narratives, explanations) based on common knowledge about how sequences of actions and events we are familiar with can normally be expected to unfold. Story schemes are used (a) to model similarity be…Read more
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9Studies in Communication Sciences, 6, 2006, 3-26 . [link to online version posted].
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377Presumptions in Legal ArgumentationRatio Juris 25 (3): 271-300. 2012.In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may be useful in …Read more
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9Hendrik Kaptein, Henry Prakken and Bart Verheij (eds): Review of legal evidence and proof: statistics, stories, logic: Farnham, Ashgate, Applied Legal Philosophy Series, 2009, 288 pp (review)Artificial Intelligence and Law 17 (4): 371-377. 2009.
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18Baseballs and arguments from fairnessArtificial Intelligence and Law 22 (4): 423-449. 2014.This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme f…Read more
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28This paper presents a formalization of informal logic using the Carneades Argumentation System, a formal, computational model of argument that consists of a formal model of argument graphs and audiences. Conflicts between pro and con arguments are resolved using proof standards, such as preponderance of the evidence. Carneades also formalizes argumentation schemes. Schemes can be used to check whether a given argument instantiates the types of argument deemed normatively appropriate for the type…Read more
Areas of Specialization
Logic and Philosophy of Logic |
Philosophy of Computing and Information |
Areas of Interest
Philosophy of Action |
Philosophy of Law |
Philosophy of Computing and Information |