Domain constraint, the requirement that analogues be selected from "the same category," inheres in the popular saying "you can't compare apples and oranges" and the textbook principle "the greater the number of shared properties, the stronger the argument from analogy." I identify roles of domains in biological, linguistic, and legal analogy, supporting the account of law with a computer word search of judicial decisions. I argue that the category treatments within these disciplines cannot be exported to general informal logic, (...) where the relevance of properties, not their number, must be the logically prior criterion for evaluating analogical arguments. (shrink)
Philosophical defenders of animal liberation believe that we have direct duties to animals. Typically a presumption of that belief is that animals have the capacity to experience pain and suffering. Notoriously, however, a strand of Western scientific and philosophical thought has held animals to be incapable of experiencing pain, and even today one frequently encounters in discussions of animal liberation expressions of scepticism about whether animals really experience pain. -/- The AnalogicalArgument for Animal Pain responds to this (...) scepticism by claiming that it is just as reasonable for me to believe that animals feel pain, given my only evidence for this is shared behaviour and physiology, as it is for me to believe that other humans feel pain on the basis of similar evidence. In this paper I expound and defend this Argument. (shrink)
Analogies must be symmetric. If a is like b, then b is like a. So if a has property R, and if R is within the scope of the analogy, then b (probably) has R. However, analogical arguments generally single out, or depend upon, only one of a or b to serve as the basis for the inference. In this respect, analogical arguments are directed by an asymmetry. I defend the importance of this neglected – even when explicitly (...) mentioned – feature in understanding analogical arguments. (shrink)
Although historians have carefully examined exactly what role the analogy between artificial and natural selection might have played in Charles Darwin's discovery of natural selection, philosophers have not devoted much attention to the way Darwin employed the analogy to justify his theory. I suggest that philosophers tend to belittle the role that analogies play in the justification of scientific theories because they don't understand the special nature of analogical inference. I present a novel account of analogicalargument (...) developed by Julian Weitzenfeld and then use it to carry out an in-depth analysis of Darwin's argument from artificial selection. (shrink)
Following a Toulmian account of argument analysis and evaluation, I offer a general unitary schema for, so called, deductive and inductive types of analogical arguments. This schema is able to explain why certain analogical arguments can be said to be deductive, and yet, also defeasible.
The paper provides a qualified defence of Bruce Waller’s deductivist schema for a priori analogical arguments in ethics and law. One crucial qualification is that the schema represents analogical arguments as complexes composed of one deductive inference (hence “deductivism”) but also of one non-deductive subargument. Another important qualification is that the schema is informed by normative assumptions regarding the conditions that an analogicalargument must satisfy in order for it to count as an optimal instance of (...) its kind. Waller’s schema (in qualified form) is defended from criticisms formulated by Trudy Govier, Marcello Guarini and Lilian Bermejo-Luque. (shrink)
Bruce Waller has defended a deductive reconstruction of the kinds of analogical arguments found in ethics, law, and metaphysics. This paper demonstrates the limits of such a reconstruction and argues for an alternative. non-deductive reconstruction. It will be shown that some analogical arguments do not fit Waller's deductive schema, and that such a schema does not allow for an adequate account of the strengths and weaknesses of an analogicalargument. The similarities and differences between the account (...) defended herein and the Trudy Govier's account are discussed as well. (shrink)
Both the defenders and the challengers of the indispensability argument seem to ignore the obvious fact that it is meant to be an analogical inference. In this note, I shall draw attention to this fact so as to avoid unnecessary confusions in any future discussion of the indispensability argument. For this purpose, I shall criticize Maddy’s version of the indispensability argument. After having noted that Quinean holism does not have to be one of the necessary premises, (...) I shall suggest alternative formulations of the indispensability argument as an analogical inference. Also, some further reflections on how to evaluate Maddy’s objections to the indispensability argument will be in due order. (shrink)
Philosophical debate about the ethics of abortion has reached stalemate on two key issues. First, the claim that foetuses have moral standing that entitles them to protections for their lives has been neither convincingly established nor refuted. Second, the question of a pregnant woman's obligation to allow the gestating foetus the use of her body has not been resolved. Both issues are deadlocked because philosophers addressing them invariably rely on intuitions and analogies, and such arguments have weaknesses that make them (...) unfit for resolving the abortion issue. Analogical arguments work by building a kind of consensus, and such a consensus is virtually unimaginable because (1) intuitions are revisable, and in the abortion debate there is great motive to revise them, (2) one's position on abortion influences judgments about other issues, making it difficult to leverage intuitions about other ethical questions into changing peoples' minds about abortion, and (3) the extent of shared values in the abortion debate is overstated. Arguments by analogy rely on an assumption of the commensurability of moral worldviews. But the abortion debate is currently unfolding in a context of genuinely incommensurable moral worldviews. The article ends by arguing that the default position must be to permit abortion as a consequence of the freedom of conscience protected in liberal societies. (shrink)
Used informally, the Reductio ad Absurdum (RAA) consists in reasoning appealing to the logically implied, absurd consequences of a hypothetical proposition, in order to refute it. This kind of reasoning resembles the Argument from Consequences, which appeals to causally induced consequences. These types of argument are sometimes confused, since it is not worked out how these different kinds of consequences should be distinguished. In this article it is argued that the logical consequences in RAA-argumentation can take different appearances (...) and that it therefore must be concluded that RAA cannot be characterised by a specific content, but must instead be characterised as an argument form. Furthermore, clues are provided to distinguish RAA reasoning from the Argument from Consequences. (shrink)
In this paper, I try to accomplish two goals. The first is to provide a general characterization of a method of proofs called — in mathematics — the diagonal argument. The second is to establish that analogical thinking plays an important role also in mathematical creativity. Namely, mathematical research make use of analogies regarding general strategies of proof. Some of mathematicians, for example George Polya, argued that deductions is impotent without analogy. What I want to show is that (...) there exists a direct line leading from Cantor’s diagonal argument to constructions that underlies of the proofs of several important theorems of the mathematical logic (in particular, Church’s theorem concerning the undecidability of formal arithmetic, Gödel’s theorem concerning the incopleteness of formal arithmetic, Tarski’s theorem concerning truth, and Turing’s theorem concerning the Halting Problem), and that the line could be described as an analogical mapping. In other words, Cantor’s diagonal argument and the proofs of the limitative theorems are structurally the same. Hence they can be represented as instances (or special cases) of the same general scheme. (shrink)
A slippery slope argument is an argument to this twofold effect. First, that if a policy or practice P is permitted, then we lack the dialectical resources to demonstrate that a similar policy or practice P* is not permissible. Since P* is indeed not permissible, we should not endorse policy or practice P. At the heart of such arguments is the idea of dialectical impotence, the inability to stop the acceptance of apparently small deviations from a heretofore secure (...) policy or practice from leading to apparently large and unacceptable deviations. Using examples of analogical arguments and sorites arguments I examine this phenomenon in the context of collapsing taboos. (shrink)
There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.
ABSTRACT: In this essay I characterize arguments by analogy, which have an impor- tant role both in philosophical and everyday reasoning. Arguments by analogy are dif- ferent from ordinary inductive or deductive arguments and have their own distinct features. I try to characterize the structure and function of these arguments. It is further discussed that some arguments, which are not explicit arguments by analogy, nevertheless should be interpreted as such and not as inductive or deductive arguments. The result is that (...) a presumed outcome of a philosophical dispute will have to be reconsidered. (shrink)
One form of argument from analogy is identified and Stephen Barker's remarks about a second kind of argument from analogy, non-inductive (and non-deductive) argument from analogy, are used as a springboard to identify a second form. That form is then refined, explained, exemplified, and related to the first form. It is argued that there is a spectrum of different forms of argument from analogy, with the two forms identified being end points on the spectrum. Except in (...) terms of form, however, there is no reason to speak of two different kinds of argument from analogy. (shrink)
In this article the author is concerned with the justification of the knowledge of other minds by virtue of statements of other people's feelings based upon inductive arguments of any ordinary pattern as being inferences from the observed to the unobserved of a familiar and accepted form. The author argues that they are not logically peculiar or invalid, When considered as inductive arguments. The author also proposes that solipsism is a linguistically absurd thesis, While at the same time stopping to (...) explain why it is a thesis which tempts those who confuse epistemological distinctions with logical distinctions. (staff). (shrink)
Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation (...) and how the criteria for evaluating analogy argumentation can be used to reconstruct these types of complex analogy argumentation in Dutch case law. The critical questions in the argumentation scheme do not only serve as a tool for analyzing arguments justifying analogy argumentation, but are also helpful in analyzing arguments against a specific analogy argumentation. (shrink)
Analogical arguments -- Philosophical theories -- Computational theories -- The articulation model -- Analogies in mathematics -- Similarity and patterns of generalization -- Analogy and epistemic values -- Analogy and symmetry -- A wider role for analogies.
In order to make scientific results relevant to practical decision making, it is often necessary to transfer a result obtained in one set of circumstances—an animal model, a computer simulation, an economic experiment—to another that may differ in relevant respects—for example, to humans, the global climate, or an auction. Such inferences, which we can call extrapolations, are a type of argument by analogy. This essay sketches a new approach to analogical inference that utilizes chain graphs, which resemble directed (...) acyclic graphs (DAGs) except in allowing that nodes may be connected by lines as well as arrows. This chain graph approach generalizes the account of extrapolation I provided in my (2008) book and leads to new insights that integrate the contributions of the other participants of this symposium. More specifically, this approach explicates the role of “fingerprints,” or distinctive markers, as a strategy for avoiding an underdetermination problem having to do with spurious analogies. Moreover, it shows how the extrapolator’s circle, one of the central challenges for extrapolation highlighted in my book, is closely tied to distinctive markers and the Markov condition as it applies to chain graphs. Finally, the approach suggests additional ways in which investigations of a model can provide information about a target that are illustrated by examples concerning nanomaterials in sunscreens and Wendy Parker’s discussion of fingerprints in climate science. (shrink)
In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means (...) of episode schemes, we can get a clearer idea of how it integrates with the use of argument from classification and argument from precedent in case-based reasoning by using a dialogue structure. (shrink)
In this paper, William Alston's argument from religious experience in Perceiving God is characterized and assessed as an indirect analogy-argument. Such arguments, I propose, should establish two similarities between sense perception (SP) and religious experience (CMP): a structural and a functional. I argue that Alston neglects functional similarity, and that SP and CMP actually perform different functions within the practices they belong to. Alston's argument is therefore significantly weaker than generally assumed. Finally, I argue that regardless of (...) whether an increased emphasis on fruits could strengthen indirect analogy-arguments or not, this is not a strategy available to Alston as long as he retains his commitments to religious exclusivism and a religious metaphysical realism. (Published Online July 10 2006). (shrink)
I offer a defense of ana-logical accounts of scientific models by meeting certain logical objections to the legitimacy of analogical reasoning. I examine an argument by Joseph Agassi that purports to show that all putative cases of analogical inference succumb to the following dilemma: either (1) the reasoning remains hopelessly vague and thus establishes no conclusion, or (2) can be analyzed into a logically preferable non-analogical form. In rebuttal, I offer a class of scientific models for (...) which (a) there is no satisfactory non-analogical analysis, and (b) we can gain sufficient clarity for the legitimacy of the inference to be assessed. This result constitutes an existence proof for a class of analogical models that escape Agassi’s dilemma. (shrink)
A reply to hyslop and jackson, American philosophical quarterly, April 1972: I argue that the argument form analogy begs the question, Much as does the inductive justification of induction, Of which it is a version.
If the argument from analogy is an argument for other minds it must rely on a single case, The correlation of your mind with your body. If instead it only attempts to show that certain sorts of experiences are associated with other bodies, It can rely on innumerable correlations of your experiences with your behavior. Having determined in this way that ostensive memories are associated with another body and that they are the kind one would expect if one (...) mind had been associated with this body throughout its existence, You can then offer another argument to this effect--And you could do so even if your own memories associated your own experiences with a succession of different bodies. (shrink)
This paper identifies a type of multi-source (case-based) reasoning and differentiates it from other types of analogical reasoning. Work in cognitive science on mental space mapping or conceptual blending is used to better understand this type of reasoning. The type of argument featured herein will be shown to be a kind of source-blended argument. While it possesses some similarities to traditionally conceived analogical arguments, there are important differences as well. The triple contract (a key development in (...) the usury debates of the fifteenth and sixteenth centuries) will be shown to make use of source-blended arguments. (shrink)
The works of the Tibetan logician Phya pa Chos kyi seng ge (1109–1169) make abundant use of a particular type of argument that I term ‘argument by parallels’. Their main characteristic is that the instigator of the argument, addressing a thesis in a domain A, introduces a parallel thesis in an unrelated domain B. And in the ensuing dialogue, each of the instigator’s statements consists in replicating his interlocutor’s previous assertion, mutatis mutandis, in the other domain (A (...) or B). I show that such a dialogue involves two parallel arguments that develop in an intersecting zigzag pattern, and discuss the principles involved in the establishment of the conclusion from the perspective of parity of reasoning and analogicalargument. I examine the overall rhetorical strategy directing the use of arguments by parallels and the pedagogical and explanatory functions they can serve. I also evaluate the plausibility of their use in Phya pa Chos kyi seng ge’s works mirroring a contemporary practice of oral debate, and reflect on the status of such arguments in the framework of Indo-Tibetan logic. (shrink)
This paper discusses the method when an argument is refuted by a parallel argument since the flaw of the parallel argument is clearly displayed. The method is explicated, examined and compared with two other general methods.
La tesis central de este artículo es que la argumentación por analogía consiste en la transferencia de un argumento de un dominio a otro con la pretensión de que el argumento término será bueno si lo es el argumento fuente. El examen de algunos argumentos filosóficos tradicionalmente considerados analógicos lleva a distinguir dos tipos de transferencia analógica. Cuando la transferencia se justifica con un principio abductivo como a casos similares, explicaciones similares, el argumento término es más débil que el argumento (...) fuente, pero cuando se aduce que en los dos dominios valen las mismas razones, la fuerza de los dos argu-mentos es proporcional.I contend that analogical argumentations transfer an argument from one domain to another, intending that the target argument will be good if the source argument is good. After analysis of some philosophical arguments traditionally taken to be analogical, I conclude that there are two kinds of analogical transfer. When some abductive principle like similar cases should have similar explanations is used, the target argument is weaker than the source argument; when it is claimed that the same reasons hold in both domains the strength of both arguments is proportional. (shrink)
Conditions are stated under which the "argument by analogy" is consistent with the principle of inverse probability. It is contended that the argument by analogy, in conjunction with a crucial test, has a legitimate place in scientific logic. As an example the astrophysical problem of solar granulation is discussed in detail and other examples are mentioned more briefly.
The Australian bioethicist Peter Singer has presented an intriguing argument for the opinion that it is quite proper (morally) to deem the lives of certain individuals not worth living and so to kill them. The argument is based on the alleged analogy between the ordinary clinical judgement that a life with a broken leg is worse than a life with an intact leg (other things being equal), and that the broken leg therefore ought to be mended, on the (...) one hand, and the judgement that the lives of some individuals, for example, severely disabled infants, are not worth living and therefore ought to be terminated, on the other. In the present article it is argued that Singer's argument is flawed, intellectually and/or ethically. (shrink)
The purpose of this article is to determine whether analogical reasoning can supply a basis for believing that we have a moral obligation to rescue strangers. The paper will focus on donating cadaver organs. I construct a moral analogicalargument involving an easy rescue case and organ donation. Various alleged relevant differences between the cases are examined and rejected. Finally, what I cal l “the ownership dilemma” is introduced and I conclude that this dilemma is inescapable. Thus, (...)analogical reasoning, however convincing it might appear, is virtually worthless as a strategy of rationality persuading people that they have a duty to donate blood, cadaver organs, or, more generally, a duty to give up any property to aid strangers. (shrink)
In his theory of rational discourse, Habermas has made essential use of the concept of 'force of the better argument'. He does not explicitly discuss the theories of meaning and of inference that must underpin this concept, but usually construes it in terms of univocal meaning and propositional inference. These assumptions are challenged by means of examples from the use of metaphor and analogicalargument in science, and it is suggested that a generalisation of such arguments applies (...) to philosophical discourse also. Habermas's conception of modes of argument as monotonically directed towards truth should therefore be replaced by dialogue and dialectics, but it does not follow from this that argument is without rational rules. (shrink)
At the outset of this discussion, I undertook to present an argument from design which would follow Swinburne's example in making use of a priori judgments, while avoiding some of the objections which have been posed in response to his treatment of these issues. So we need to ask: how does this approach to the question of design compare with Swinburne's?Swinburne argues that a chaotic world is a priori more likely than an ordered world: this consideration provides one central (...) reason, on his account, for giving an explanation of some sort for the world's regularity. The other central argument he advances for this claim is the argument from analogy (in terms of the coins) which we noted earlier. The approach I have taken offers an alternative route to this same conclusion. In particular, it substitutes the simpler a priori judgments recorded in (i) and (ii) for the rather difficult and contentious claim that chaos is a priori more likely than order. In place of this claim, I have offered the judgment that order, or recurrence, is more likely given the activity of a common source or common kind of source than otherwise: this proposal does not commit us to a view either way on the question of whether order is a priori likely per se. Moreover, in place of Swinburne's analogicalargument, I have offered an a priori approach, with the advantages I have noted.Given that recurrence is to be explained, we might ask: why offer an explanation in terms of design? On this point, Swinburne argues, for instance, that no other explanation of temporal regularity is even possible a priori. Again, the a priori principles which I have used, in (iv) and (v), may be less ambitious, but at the same time more persuasive. In support of this same idea, Swinburne also cites various ideas to do with the predictive power of the idea of design. I have tried to bring out the role of this sort of consideration in terms of my principle (v). Principle (iv) has no place in Swinburne's account, in view of his reliance on the principle of simplicity as a measure of prior probability.Lastly, we may ask: if we are to cite a designer, are there reasons for attributing to this agent more powers than are needed for the production of the effect to be explained? On this point, Swinburne cites the principle of simplicity. Again, my approach avoids what has proved to be a relatively controversial judgment about the nature of a priori probabilities, offering in place of the principle of simplicity the less ambitious principle recorded in (iii). At this point, I have moreover inverted the logical sequence of Swinburne's argument: it seems to me that, in the ways I have indicated, it is helpful to consider the extent of the powers of the source of recurrence before addressing the question of design.In these various ways, I hope I have made good my undertaking to present an argument which avoids some of the controversy surrounding the particular measures of a priori probability which figure in Swinburne's argument. Moreover, I hope that this approach provides an indication of how a priori judgments may function in a relatively unproblematic way within an argument from design, in so far as (i)–(v) are all rather modest proposals. In sum, the argument I have presented is distinguished by its explicit use of the a priori judgments recorded in (i)–(v), by its attempt to buttress in this fashion analogical forms of argument, and by the logical role it gives to the idea that the source of regularity possesses more powers than are required for the production of this effect.Lastly, we might ask: how persuasive is this argument? Of course, the cogency of the idea of design depends upon the balance of debate in other areas of the philosophy of religion, especially upon our ability to provide some account of the existence of evil. In this paper, I have been concerned to argue simply that recurrence by kind provides evidence for design: I have not addressed the question of whether other features of the world provide good evidence against the idea of (benevolent) design. However, if we confine our attention to this one phenomenon, there is it seems to me good evidence for the idea of design, (i) and (ii) suggest that recurrence surely calls for some explanation; (iii), together with the existence in nature of statistical irregularities, suggests that whatever provides this explanation could have brought about other effects besides; and design seems the only clear explanation of why this effect should have been brought about, if (as I have argued) analogies drawn from vegetable and animal reproduction fail, and if we cannot explain the effect satisfactorily by reference to the conditions of observation. Moreover, I have argued that there are reasons for supposing that the probability a priori of design is relatively high in relation to the probability a priori of any rival hypothesis of equivalent predictive power. In brief, this is because the design hypothesis (unlike the hypothesis of theism) can cite an agent of relatively indeterminate power in order to account for the phenomenon to be explained. In this regard, it is less ‘precisely defined’ than any rival hypothesis of equivalent predictive power. If all of this is so, then as philosophers from early times have supposed, temporal regularity provides the basis for a powerful argument in favour of design. It remains true, of course, that its import can be judged in full only when we have taken into account the relevance of other phenomena, many of which are apparently less favourable to the idea of design. (shrink)
J.L. Schellenberg’s Argument from Divine Hiddenness maintains that if a perfectly loving God exists, then there is no non-resistant non-belief. Given that such nonbelief exists, however, it follows that there is no perfectly loving God. To support the conditional claim, Schellenberg presents conceptual and analogical considerations, which we subject to critical scrutiny. We also evaluate Schellenberg’s claim that the belief that God exists is logically necessary for entering into a relationship with the Divine. Finally, we turn to possible (...) variants of Schellenberg’s case, and argue that the modifications necessary to accommodate our criticismas leave those variants with much less of a sting than originally suggested by his provocative formulation. (shrink)
The famous “slingshot argument” developed by Church, Gödel, Quine and Davidson is often considered to be a formally strict proof of the Fregean conception that all true sentences, as well as all false ones, have one and the same denotation, namely their corresponding truth value: the true or the false . In this paper we examine the analysis of the slingshot argument by means of a non-Fregean logic undertaken recently by A.Wóitowicz and put to the test her claim (...) that the slingshot argument is in fact circular and presupposes what it intends to prove. We show that this claim is untenable. Nevertheless, the language of non-Fregean logic can serve as a useful tool for representing the slingshot argument, and several versions of the slingshot argument in non-Fregean logics are presented. In particular, a new version of the slingshot argument is presented, which can be circumvented neither by an appeal to a Russellian theory of definite descriptions nor by resorting to an analogous “Russellian” theory of λ–terms. (shrink)
A central tactic in Philo’s criticism of the design argument is the introduction of several alternative hypotheses, each of which is alleged to explain apparent design at least as well as Cleanthes’ analogical inference to an intelligent designer. In Part VI, Philo proposes that the world “…is an animal, and the Deity is the soul of the world, actuating it, and actuated by it” (DNR 6.3; 171); in Part VII, he suggests that “…it is a palpable and egregious (...) partiality” to favour reason as a probable cause of apparent design over other principles such as instinct , generation , vegetation , and “… a hundred others which lie open to our conjecture” (DNR 7.11; 178); and in Part VIII, he offers an ‘Epicurean’ hypothesis according to which the appearance of design is due to matter itself. It is widely agreed that by the end of Part VIII, Philo has convincingly shown that the empirical evidence considerably underdetermines the conclusion Cleanthes purported it to establish. Philo, at any rate, declares a sceptical triumph: “A total suspense of judgement is here our only reasonable resource” (DNR 8.12; 186-7). (shrink)
Nineteenth and twentieth century philosophies of science have consistently failed to identify any rational basis for the compelling character of scientific analogies. This failure is particularly worrisome in light of the fact that the development and diffusion of certain scientific analogies, e.g. Darwin’s analogy between domestic breeds and naturally occurring species, constitute paradigm cases of good science. It is argued that the interactivist model, through the notion of a partition epistemology, provides a way to understand the persuasive character of compelling (...) scientific analogies without consigning them to an irrational or arational context of discovery. (shrink)
I argue that an examination of the analogy between the notion of a bug and that of a genetic defect supports an analogy not just between a computer program and DNA, but between a computer program designed by a programmer and DNA. This provides an analogical teleological argument for the existence of a highly intelligent designer.
I argue that an examination of the analogy between the notion of a bug and that of a genetic defect supports an analogy not just between a computer program and DNA, but between a computer program designed by a programmer and DNA.Â This provides an analogical teleological argument for the existence of a highly intelligent designer.
This article describes recent jurisprudential accountsof analogical legal reasoning andcompares them in detail to the computational modelof case-based legal argument inCATO. The jurisprudential models provide a theoryof relevance based on low-levellegal principles generated in a process ofcase-comparing reflective adjustment. Thejurisprudential critique focuses on the problemsof assigning weights to competingprinciples and dealing with erroneously decidedprecedents. CATO, a computerizedinstructional environment, employs ArtificialIntelligence techniques to teach lawstudents how to make basic legal argumentswith cases. The computational modelhelps students test legal hypotheses againsta (...) database of legal cases, draws analogiesto problem scenarios from the database, andcomposes arguments by analogy with a setof argument moves. The CATO model accountsfor a number of the important featuresof the jurisprudential accounts, includingimplementing a kind of reflective adjustment.It also avoids some of the problems identifiedin the critique; for instance, it deals withweights in a non-numeric, context-sensitivemanner. The article concludes by describingthe contributions AI research can make tojurisprudential investigations of complexcognitive phenomena of legal reasoning. Forinstance, unlike the jurisprudential models,CATO provides a detailed account of how togenerate multiple interpretations of a citedcase, downplaying or emphasizing the legalsignificance of distinctions in terms of thepurposes of the law as the argument contextdemands. (shrink)