Douglas Walton

(? - 2020)

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.

There are emotively powerful words that can modify our judgment, arouse our emotions and influence our decisions. This paper shows how the use of emotive meaning in argumentation can be explained by showing how their logical dimension, which can be analysed using argumentation schemes, combines with heuristic processes triggered by emotions. Arguing with emotive words is shown to use value-based practical reasoning grounded on hierarchies of values and maxims of experience for evaluative classification.

Knowledge plays an important role in argumentation. Yet, recent work shows that standard conceptions of knowledge in epistemology may not be entirely suitable for argumentation. This paper explores the role of knowledge in argumentation, and proposes a notion of knowledge that promises to be more suitable for argumentation by taking account of: its dynamic nature, the defeasibility of our commitments, and the non-monotonicity of many of the inferences we use in everyday reasoning and argumentation.

This paper shows how the critical questions matching an argumentation scheme can be mod-eled in the Carneades argumentation system as three kinds of premises. Ordinary premises hold only if they are supported by sufficient arguments. Assumptions hold, by default, until they have been questioned. With exceptions the negation holds, by default, until the exception has been supported by sufficient arguments. By “sufficient arguments”, we mean arguments sufficient to satisfy the applicable proof standard.

Knowledge plays an important role in argumentation. Yet, recent work shows that standard conceptions of knowledge in epistemology may not be entirely suitable for argumentation. This paper explores the role of knowledge in argumentation, and proposes a notion of knowledge that promises to be more suitable for argumentation by taking account of: its dynamic nature, the defeasibility of our commitments, and the non-monotonicity of many of the inferences we use in everyday reasoning and argumentation

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning.

If one looks to the current textbook lore for reliable taxonomic and analytical information about the petitio principii, one is met with conceptual disarray and much too much nonsense. The present writers have recently attempted to furnish the beginnings of a theoretical reconstruction of this fallacy which is at once faithful to its formidable complexity yet useful as guide for its detection and avoidance. The fact is that the petitio has had a lengthy and interesting history, and in this paper we shall want to explore certain features of its development, such as it may have been. The principal origins of the concept of circular argument are to be found in Aristotle. The Aristotelian doctrine recurs with variations in the sophismata literature of the middle ages and in logic texts and manuals right up to the present day.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning.

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom

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.