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. (shrink)

Objective To develop an ethically, legally, and clinically appropriate ventilator allocation policy for AdventHealth Tampa and AdventHealth Carrollwood in Tampa, Florida, which could be enacted swiftly during the Covid-19 pandemic. Methods During Spring 2020, a subcommittee of the Medical Ethics Committee established consensus on the fundamental principles of the policy, then built on existing ethical, legal, and clinical guidance. Results The plan was finalized in May 2020. The plan triages patients based on exclusion criteria, prognosis and expected benefit of ventilation, (...) and change in prognosis over time. Decisions are made by committee in order to minimize moral distress among individual patient care providers. Conclusions Due to international concerns about healthcare resource shortages during the Covid-19 pandemic, hospitals need allocation policies informed by the crisis standard of care, the hospital’s ethical duty to plan for an emergency, and federal civil rights laws Policy Implications: This type of policy can serve as a model for other institutions to develop crisis standards of care resource allocation policies, which are a necessary component of disaster planning. (shrink)

The principal goal of Alex John London's For the Common Good is to "articulate a new vision for the philosophical foundations of research ethics" which "moves issues of justice from the periphery of the field to the very center." At the core of this new vision is an understanding of research as a "collaborative social activity between free and equal persons," which aims to develop the knowledge public institutions require to establish and maintain a social order in which people (...) may set and pursue their plans of life. Clinical and social scientific research are not therefore morally optional activities, in London's view, but rather the way public institutions acquire the knowledge they... (shrink)

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. (shrink)

We investigate the impact of informal arguments on judgments about thought experiment cases in light of Deutsch and Cappelen’s mischaracterization view, which claims that philosophers’ case judgments are primarily based on arguments and not intuitions. If arguments had no influence on case judgments, this would seriously challenge whether they are, or should be, based on arguments at all—and not on other cognitive sources instead, such as intuition. In Experiment 1, we replicated Wysocki’s (Rev Philos Psychol 8(2):477–499, 2017) pioneering study on (...) a Gettier-style case, and we confirmed that the informal arguments used by him had no significant effect. However, we also included an improved argument for ascribing knowledge, which did have a significant effect even in Wysocki’s original design. We therefore followed up with Experiment 2 on three Gettier-style cases, where we used a more natural dialogical format for presenting both case descriptions and informal arguments. Overall, we found a clear impact of prima facie good pro and con arguments on case judgments. The issue of argument impact is thus no obstacle to arguing about thought experiments. (shrink)

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing that the (...) requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

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. (shrink)

Some combinations of attitudes--of beliefs, credences, intentions, preferences, hopes, fears, and so on--do not fit together right: they are incoherent. A natural idea is that there are requirements of "structural rationality" that forbid us from being in these incoherent states. Yet a number of surprisingly difficult challenges arise for this idea. These challenges have recently led many philosophers to attempt to minimize or eliminate structural rationality, arguing that it is just a "shadow" of "substantive rationality"--that is, correctly responding to one's (...) reasons. -/- In *Fitting Things Together*, Alex Worsnip pushes back against this trend--defending the view that structural rationality is a genuine kind of rationality, distinct from and irreducible to substantive rationality, and tackling the most important challenges for this view. In so doing, he gives an original positive theory of the nature of coherence and structural rationality that explains how the diverse range of instances of incoherence can be unified under a general account, and how facts about coherence are normatively significant. He also shows how a failure to focus on coherence requirements as a distinctive phenomenon and distinguish them adequately from requirements of substantive rationality has led to confusion and mistakes in several substantive debates in epistemology and ethics. -/- Taken as a whole, Fitting Things Together provides the first sustained defense of the view that structural rationality is a genuine, autonomous, unified, and normatively significant phenomenon. (shrink)

Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes into (...) account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

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. (shrink)

Outside the philosophy classroom, global skeptics – skeptics about all (purported) knowledge of the external world – are rare. But there are people who describe themselves as “skeptics” about various more specific domains, including self-professed “skeptics” about the reality of anthropogenic climate change. There is little to no philosophical literature that juxtaposes the climate change skeptic with the external world skeptic. While many “traditional” epistemologists assume that the external world skeptic poses a serious philosophical challenge in a way that the (...) climate change skeptic doesn’t, many “applied” or “social” epistemologists assume that there isn’t much to be learned from debates about the external world skeptic, finding her challenge to be distant from both common sense and real-world concerns. I try to show that both of these views are mistaken. The external world skeptic raises deep questions that are important for our everyday deliberation about what to believe, and there are significant structural parallels between the arguments for external world skepticism and those for at least a form of climate change skepticism that is idealized – but not too idealized! – from the views of flesh-and-blood climate change skeptics. As such, we have strong reasons to think in parallel about how to reply to both skeptics’ challenges. I thus finish by (briefly) considering how different widespread responses to the external world skeptic might or might not generalize happily to the climate change skeptic’s challenge. (shrink)

In this volume, Douglas Yoder uses the tools of modern and postmodern philosophy and biblical criticism to elucidate the epistemology of the Tanakh, the collection of writings that comprise the Hebrew Bible. Despite the conceptual sophistication of the Tanakh, its epistemology has been overlooked in both religious and secular hermeneutics. The concept of revelation, the genre of apocalypse, and critiques of ideology and theory are all found within or derive from epistemic texts of the Tanakh. Yoder examines how philosophers (...) such as Spinoza, Hume, and Kant interacted with such matters. He also explores how the motifs of writing, reading, interpretation, image, and animals, topics that figure prominently in the work of Derrida, Foucault, and Nietzsche, appear also in the Tanakh. An understanding of Tanakh epistemology, he concludes, can lead to new appraisals of religious and secular life throughout the modern world. (shrink)

Especially but not exclusively in the United States, there is a significant gulf between expert opinion and public opinion on a range of important political, social, and scientific issues. Large numbers of lay people hold views contrary to the expert consensus on topics such as climate change, vaccines, and economics. Much political commentary assumes that ordinary people should defer to experts more than they do, and this view is certainly lent force by the literally deadly effects of many denials of (...) established science. But there are complex philosophical issues here, concerning, among other things, (i) what an expert is; (ii) what kind of deference is called for; (iii) and when deference is called for. This entry gives an overview of these three issues and recent work on them. It then examines some potential collective and pragmatic disadvantages of deference, before concluding with reflections on what we can say to those who distrust experts. (shrink)

Edward Wilson Averill By the phrase 'anthropocentric account of color' I mean an account of color that makes an assumption of the following form: two ...

This is volume One of texts (from sanskrit and Tibetan sources) of the two planned volumes on Buddhist Ligic (the second volume to be on topics and opponents).

Deceptive implicatures are a subtle communicative device for leading someone into a false belief. However, it is widely accepted that deceiving by means of deceptive implicature does not amount to lying. In this paper, we put this claim to the empirical test and present evidence that the traditional definition of lying might be too narrow to capture the folk concept of lying. Four hundred participants were presented with fourteen vignettes containing utterances that communicate conversational implicatures which the speaker believes to (...) be false. We further collected several potential proxy measures of lying, to get a better understanding of when a deceptive implicature is considered a case of lying. The results indicate that most implicatures (ten out of fourteen) were evaluated as lies and that lie ratings were closely tracked by the degree to which speakers were considered to have committed themselves to the truth of the content conveyed by their deceptive implicatures. (shrink)

This book provides a critical overview of the entirety of Marcuse's work and discusses his enduring importance. Kellner had extensive interviews with Marcuse and provides hitherto unknown information about his road to Marxism, his relations with Heidegger and Existentialism, his involvement with the Frankfurt School, and his reasons for appropriating Freud in the 1950s. In addition Kellner provides a novel interpretation of the genesis and structure of Marcuse's theory of one-dimensional society, of the development of his political theory, and of (...) the role of aesthetics in his critical theory. (shrink)

This essay examines a recent line of thought in aesthetics that challenges realist-leaning aesthetic theories. According to this line of thought, aesthetic diversity and disagreement are good, and our aesthetic judgments, responses, and attachments are deeply personal and even identity-constituting. These facts are further used to support anti-realist theories of aesthetic normativity. I aim to achieve two goals: (1) to disentangle arguments concerning diversity, disagreement, and personality; and (2) to offer realist-friendly replies to all three.

The typical kind of color realism is reductive: the color properties are identified with properties specified in other terms (as ways of altering light, for instance). If no reductive analysis is available — if the colors are primitive sui generis properties — this is often taken to be a convincing argument for eliminativism. That is, realist primitivism is usually thought to be untenable. The realist preference for reductive theories of color over the last few decades is particularly striking in light (...) of the generally anti-reductionist mood of recent philosophy of mind. The parallels between the mind—body problem and the case of color are substantial enough that the difference in trajectory is surprising. While dualism and non-reductive physicalism are staples, realist primitivism is by and large a recent addition to the color literature. And it remains a minority position, although one that is perhaps gaining support. In this paper, we investigate whether it should be accepted, and conclude it should not be. (shrink)

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

The term ‘coherence’ (and its antonym ‘incoherence’) is used in a bewildering variety of ways in epistemology (and in philosophy more broadly). This entry attempts to bring some discipline to uses of the term by offering a taxonomy of notions of coherence (and incoherence), and then surveying which of the resulting notions is (or should be) at work in the various different contexts in which it is deployed.

On September 1, 2023, Texas made important revisions to it its decades‐old statute granting legal safe harbor immunity to physicians who withhold or withdraw life‐sustaining treatment over the objection of critically ill patients’ surrogate decision‐makers. However, lawmakers left untouched glaring flaws in a key safeguard for patients—the transfer option. The transfer option is ethically important because, when no hospital is willing to accept the patient in transfer, that fact is taken as strong evidence that the surrogates’ treatment requests fall outside (...) accepted medical practice. But there are serious shortcomings in how the transfer option is carried out in Texas and many other states, which undermines the ethical usefulness of the process. We identify these shortcomings and recommend revisions to state statutes and professional guidelines to overcome them. (shrink)

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. (shrink)

The lack of access to gender-affirming surgery represents a significant unmet health care need within the transgender community, frequently resulting in depression and self-destructive behavior. While some transgender people may have access to gender reassignment surgery, an overwhelming majority cannot afford facial feminization surgery. The former may be covered as a “medical necessity,” but FFS is considered “cosmetic” and excluded from insurance coverage. This demarcation between “necessity” and “cosmetic” in transgender health care based on specific body parts is in direct (...) opposition to the scientific community’s understanding of gender dysphoria and professional guidelines for transgender health. GRS affects one’s ability to function in an intimate relationship, while FFS has the same impact on social interactions an, therefore may have a far greater implication for one’s quality of life. FFS is a cost-effective intervention that needs to be covered by insurance policies. The benefits of such coverage far exceed the insignificant costs. (shrink)

First published in 1984, Cultural Analysis is a systematic examination of the theories of culture contained in the writings of four contemporary social theorists: Peter L. Berger, Mary Douglas, Michel Foucault, and Jürgen Habermas. This study of their work clarifies their contributions to the analysis of culture and shows the converging assumptions that the authors believe are laying the foundation for a new approach to the study of culture. The focus is specifically on culture, a concept that remains subject (...) to ambiguities of treatment, and concentrates on questions concerning the definition and content of culture, its construction, its relations with social conditions, and the manner in which it may be changing. The books demonstrates how these writers have made strides towards defining culture as an objective element of social interaction which can be subjected to critical investigation. (shrink)

Marxism began with the repudiation of philosophy, yet Marxists have often resorted to distinctively philosophical modes of reasoning. In recent years, Western Marxism has been more concerned with philosophy than with research or political activity, and in this book Callinicos explores the ambivalent relationship between Marxism and philosophy. Beginning with Marx and the legacy of Hegelianism, he surveys the schools of Marxist philosophy from Engels and the Second International through the revolutionary Hegelianism, of the 1920s, the Frankfurt School, and the (...) anti-Hegelian Marxism of Adorno and Althusser. (shrink)

In this paper, we consider how certain longstanding philosophical questions about mental representation may be answered on the assumption that cognitive and perceptual systems implement hierarchical generative models, such as those discussed within the prediction error minimization framework. We build on existing treatments of representation via structural resemblance, such as those in Gładziejewski :559–582, 2016) and Gładziejewski and Miłkowski, to argue for a representationalist interpretation of the PEM framework. We further motivate the proposed approach to content by arguing that it (...) is consistent with approaches implicit in theories of unsupervised learning in neural networks. In the course of this discussion, we argue that the structural representation proposal, properly understood, has more in common with functional-role than with causal/informational or teleosemantic theories. In the remainder of the paper, we describe the PEM framework for approximate Bayesian inference in some detail, and discuss how structural representations might arise within the proposed Bayesian hierarchies. After explicating the notion of variational inference, we define a subjectively accessible measure of misrepresentation for hierarchical Bayesian networks by appeal to the Kullbach–Leibler divergence between posterior generative and approximate recognition densities, and discuss a related measure of objective misrepresentation in terms of correspondence with the facts. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

Traditionally, perceptual experiences—for example, the experience of seeing a cat—were thought to have two quite distinct components. When one sees a cat, one’s experience is “about” the cat: this is the representational or intentional component of the experience. One’s experience also has phenomenal character: this is the sensational component of the experience. Although the intentional and sensational components at least typically go together, in principle they might come apart: the intentional component could be present without the sensational component or vice (...) versa. (shrink)

Suicide is the 10th leading cause of death in the United States and the second cause of death among those ages 15–24 years. The current standard of care for suicidality management often involves an involuntary hospitalization deemed necessary by the attending psychiatrist. The purpose of this article is to reexamine the ethical tradeoffs inherent in the current practice of involuntary psychiatric hospitalization for suicidal patients, calling attention to the often-neglected harms inherent in this practice and proposing a path for future (...) research. With accumulating evidence of the harms inherent in civil commitment, we propose that the relative value of this intervention needs to be reevaluated and more efficacious alternatives researched. Three arguments are presented: (1) that inadequate attention has been given to the harms resulting from the use of coercion and the loss of autonomy, (2) that inadequate evidence exists that involuntary hospitalization is an effective method to reduce deaths by suicide, and (3) that some suicidal patients may benefit more from therapeutic interventions that maximize and support autonomy and personal responsibility. Considering this evidence, we argue for a policy that limits the coercive hospitalization of suicidal individuals to those who lack decision-making capacity. (shrink)

Philosophy of Medicine provides a fresh and comprehensive treatment of the topic. It offers a novel theory of the nature of medicine, and proposes a new attitude to medicine, aimed at improving the quality of debates between medical traditions and facilitating medicine's decolonization.

Priority monism is the view that the cosmos is the only independent concrete object. The paper argues that, pace its proponents, Priority monism is in conflict with the dependence of any whole on any of its parts: if the cosmos does not depend on its parts, neither does any smaller composite.

Traditionally, perceptual experiences—for example, the experience of seeing a cat—were thought to have two quite distinct components. When one sees a cat, one’s experience is “about” the cat: this is the representational or intentional component of the experience. One’s experience also has phenomenal character: this is the sensational component of the experience. Although the intentional and sensational components at least typically go together, in principle they might come apart: the intentional component could be present without the sensational component or vice (...) versa. (shrink)

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 in everyday conversation where the charge of (...) fallaciousness is at issue. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate arguments as fallacious. Walton looks at how an argument is used in the context of conversation. He defines a fallacy as a conversational move, or sequence of moves, that is supposed to be an argument that contributes to the purpose of the conversation but in reality interferes with it. The view is a pragmatic one, based on the assumption that when people argue, they do so in a context of dialogue, a conventionalized normative framework that is goal-directed. Such a contextual framework is shown to be crucial in determining whether an argument has been used correctly. Walton also shows how examples of fallacies given in the logic textbooks characteristically turn out to be variants of reasonable, even if defeasible or questionable arguments, based on presumptive reasoning. This is the essence of the evaluation problem. A key thesis of the book, which must not be taken for granted as previous textbooks have so often done, is that you can spot a fallacy from how it was used in a context of dialogue. This is an innovative and even, as Walton notes, "a radical and controversial" theory of fallacy. (shrink)

A growing interest in and concern about the adequacy and fairness of modern peer-review practices in publication and funding are apparent across a wide range of scientific disciplines. Although questions about reliability, accountability, reviewer bias, and competence have been raised, there has been very little direct research on these variables.The present investigation was an attempt to study the peer-review process directly, in the natural setting of actual journal referee evaluations of submitted manuscripts. As test materials we selected 12 already published (...) research articles by investigators from prestigious and highly productive American psychology departments, one article from each of 12 highly regarded and widely read American psychology journals with high rejection rates (80%) and nonblind refereeing practices.With fictitious names and institutions substituted for the original ones (e.g., Tri-Valley Center for Human Potential), the altered manuscripts were formally resubmitted to the journals that had originally refereed and published them 18 to 32 months earlier. Of the sample of 38 editors and reviewers, only three (8%) detected the resubmissions. This result allowed nine of the 12 articles to continue through the review process to receive an actual evaluation: eight of the nine were rejected. Sixteen of the 18 referees (89%) recommended against publication and the editors concurred. The grounds for rejection were in many cases described as “serious methodological flaws.” A number of possible interpretations of these data are reviewed and evaluated. (shrink)