Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing these kinds (...) of evidence are introduced. (shrink)

Cette contribution témoigne de l’importance de la réception de la phénoménologie de langue française en Amérique Latine. En revisitant la thèse de la duplicité de l’apparaître – apparaître de la vie comme affect et comme force, apparaître du monde comme sens et distance –, Roberto J. Walton s’attache au concept fondamental de la phénoménologie de la vie, en mettant en avant des modalités dans lesquelles l’auto-affection opère sans hétéro-affection d’une manière avérée. Il précise d’emblée que cette auto-affection sans hétéro-affection (...) est définie par deux aspects : un premier « aspect de base » – ou rapport de fondation – en vertu duquel l’auto-affection est la condition de possibilité de toute intentionnalité ou ek-stase ; et un deuxième aspect « d’intensification ou d’excédence » qui renvoie à la phénoménologie de l’événement, en ceci que l’auto-affection y apparaît dans une sorte de plus-value, c’est-à-dire dans la condition de l’acte comme accroissement créateur. (shrink)

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. (shrink)

A practical manual for evaluating bias that will be useful to anyone who has to deal with arguments, whether in academic reading or writing, or in everyday conversation.

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.

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)

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)

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)

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. (shrink)

That photography is a supremely realistic medium may be the commonsense view, but—as Edward Steichen reminds us—it is by no means universal. Dissenters note how unlike reality a photograph is and how unlikely we are to confuse the one with the other. They point to “distortions” engendered by the photographic process and to the control which the photographer exercises over the finished product, the opportunities he enjoys for interpretation and falsification. Many emphasize the expressive nature of the medium, observing that (...) photographs are inevitably colored by the photographer’s personal interests, attitudes, and prejudices.1 Whether any of these various considerations really does collide with photography’s claim of extraordinary realism depends, of course, on how that claim is to be understood.Those who find photographs especially realistic sometimes think of photography as a further advance in a direction which many picture makers have taken during the last several centuries, as a continuation or culmination of the post-Renaissance quest for realism.2 There is some truth in this. Such earlier advances toward realism include the development of perspective and modeling techniques, the portrayal of ordinary and incidental details, attention to the effects of light, and so on. From its very beginning, photography mastered perspective. Subtleties of shading, gradations of brightness nearly impossible to achieve with the brush, became commonplace. Photographs include as a matter of course the most mundane details of the scenes they portray—stray chickens, facial warts, clutters of dirty dishes. Photographic images easily can seem to be what painters striving for realism have always been after. 2. See André Bazin, “The Ontology of the Photographic Image,” What is Cinema?, trans. Hugh Gray, vol. 1, p. 12; all further references to this work, abbreviated “OPI,” will be included in the text. See also Rudolf Arnheim, “Melancholy Unshaped,” Toward a Psychology of Art: Collected Essays, p. 186. Kendall L. Walton is professor of Philosophy at the University of Michigan. He is currently completing a book on representation in the arts. (shrink)

Appeals to emotion—pity, fear, popular sentiment, and _ad hominem_ attacks—are commonly used in argumentation. Instead of dismissing these appeals as fallacious wherever they occur, as many do, Walton urges that each use be judged on its merits. He distinguished three main categories of evaluation. First, is it reasonable, even if not conclusive, as an argument? Second, is it weak and therefore open to critical questioning for argument? And third, is it fallacious? The third category is a strong charge that (...) incurs a critical burden to back it up by citing evidence from the given text and context of dialogue. Walton uses fifty-six case studies to demonstrate that the problem of emotional fallacies is much subtler than has been previously believed. Ranging over commercial advertisements, political debates, union-management negotiations, and ethical disputes, the case studies reveal that these four types of appeals, while based on presumptive reasoning that are tentative and subject to default, are not always or necessarily fallacious types of argumentation. (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)

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. (shrink)

Strategies that motivate agrifood producers to adopt more sustainable practices are a critical component for a sustainable future. This case study examines farmer attitudes to a recently released New Zealand agricultural policy aimed at improving freshwater quality by restricting agricultural activities. Our study interprets interviews of nine individuals managing a range of dairy and sheep farming operations to explore how these farmers manage societal expectations of being a ‘good farmer’ in the context of the new regulations. Four themes were developed (...) to capture perceptions of participants: the vested interest of farmers in positive community engagement and being seen as a ‘good’ farmer; the need to manage farms prudently for future generations; the unique geographical and environmental conditions on each farm and their concerns about the lack of acknowledgment of differences across land types in New Zealand; and the unintended consequences of the new regulations for rural communities. Overall, the themes suggest that the way the policy was enacted conflicts with perceptions of a ‘good farmer’ and good farming practice, resulting in identity conflicts for the farming community and reduced motivation to adopt alternative practices. (shrink)

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and (...) rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth. (shrink)

El propósito del artículo es esclarecer el modo en que los principales problemas tratados por J. Iribarne giran en torno de cuestiones éticas. Se subrayan dos lados del problema ético. Por un lado, se muestra el papel del cuerpo propio, la habitualidad, la memoria y la creciente moralización en la constitución de la identidad personal. En este proceso, una teleología individual se dirige hacia grados más elevados de libertad por medio de actos autónomos y racionales. Por el otro, una teleología (...) intersubjetiva da lugar a un habitar ético en el mundo que exige tanto actuar del modo más correcto de acuerdo con nuestras particulares posibilidades como estar vinculado con los otros por medio de lazos de amor. Finalmente se intenta mostrar la relación entre ética y el sentido de la vida a través de un análisis de preguntas referidas a la finitud, la esperanza y la muerte.The purpose of the article is to shed light on the way in which the main problems examined by J. Iribarne turn on ethical issues. Two sides of the ethical problem are stressed. On the one hand, the role of the living body, habituality, memory, and increasing moralization in the constitution of personal identity is highlighted. In this process, an individual teleology is directed to higher degrees of freedom by means of autonomous and rational acts. On the other hand, an intersubjective teleology brings forth an ethical dwelling in the world that entails both acting in the most correct manner according to our particular possibilities and being linked with the others by bonds of love. Finally, an attempt is made to show the relationship between ethics and the meaning of life through an analysis of issues that concern finitude, death, and hope. (shrink)

El trabajo considera la fundamentación de un deber en relación con una situación moral vivida por Ramón Rodriguez, y destaca la interpretación husserliana de un caso análogo. El análisis presentado en la Segunda Parte de Fenómeno e interpretación sobre el “ser por mor de sí” del Dasein como condición de posibilidad de una personalidad moral tiene el gran mérito de ofrecer una sólida base y una fuerte motivación para esclarecer la relación entre Heidegger y Husserl. Esta posibilidad se presenta en (...) razón de que se ha destacado con mucha claridad la diferencia entre la pregunta por el modo de ser de un ente que es fin por sí mismo y la cuestión del comportamiento moral en que ese modo de ser se manifiesta. La distinción establecida entre los dos problemas ofrece la oportunidad para mostrar una semejanza y una diferencia entre ambos pensadores porque convergen en el primer punto y se separan en el segundo. (shrink)

_Arguments from Ignorance _explores the situations in which the argument from ignorance functions as a respectable form of reasoning and those in which it is indeed fallacious. Douglas Walton draws on everyday conversations on all kinds of practical matters in which the _argumentum ad ignorantiam _is used quite appropriately to infer conclusions. He also discusses the inappropriate use of this kind of argument, referring to various major case studies, including the Salem witchcraft trials, the McCarthy hearings, and the Alger (...) Hiss case. This book makes an original contribution in the areas of argumentation theory and informal logic, contending that, despite its traditional classification as a fallacy, the argument from ignorance is a genuine, very common, and legitimate type of argumentation with an identifiable structure. But the book is also interdisciplinary in scope, explaining many widely interesting and controversial subjects in artificial intelligence, medical education, philosophy of science, and philosophy of law in a clear way that makes it accessible to a broad range of readers. (shrink)

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

Transitioning to food systems that are equitable, resilient, healthy and environmentally sustainable will require the cultivation and diffusion of transformational sociotechnical innovations—and grassroots movements are an essential source of such innovations. Within the literature on strategic niche management, government-provided ‘protected spaces’ where niche innovations can develop without facing the pressures of the market is an essential part of sustainability transitions. However, because of their desire to _transform_ rather than _transition_ food systems, grassroots movements often struggle to acquire such protected spaces (...) and so must determine how and where to generate change whilst being marginalised and exposed to unprotected spaces. The aim of this research is to gain a precise view of the multiple touchpoints of marginalisation that exist across the grassroots-government interface and to apply a new framework for conceptual analysis of these touchpoints that can help to identify where and how grassroots movements might be able to push against this marginalisation. The study finds that, by applying a ‘who, what, where’ framework of analysis to policies across this interface, it is possible to find pathways forward for achieving small wins towards food systems transformation. (shrink)

It is shown that Aristotelian dialectic can be analyzed as having two parts: a core formal model that has a formal dialogue structure and a set of ten definable supplementary characteristics that lie outside the core structure. Some current argumentation tools used in artificial intelligence and multi-agent systems are applied to the task of extending the core formal model to include the supplementary characteristics. Using these tools it is explained how the structure of a dialogue can be mapped into an (...) argument diagram that can be analyzed and evaluated using standard argumentation techniques such as argumentation schemes, types of dialogue, critical questions and a dialectical concept of burden of proof. Disputed issues on how the elenchus fits the standard dialogue typology are discussed, and it is concluded that it fits best into a type of dialogue called examination dialogue that is closely related to persuasion dialogue. (shrink)

This article is an attempt to clarify the role of pregivenness by drawing on the accounts afforded by Eugen Fink both in the Sixth Cartesian Meditation and in the complementary writings to this study. Pregivenness is first situated, along with givenness and non-givenness, within the framework of the system of transcendental phenomenology. As a second step, an examination is undertaken of the dimensions of pregivenness in the natural attitude. Next, nonpregivenness in the transcendental sphere is examined with a focus upon (...) the way in which indeterminateness does not undermine the possibility of a transcendental foreknowledge in the natural attitude, and on the other hand implies the productive character of phenomenological knowledge. After showing how, with the reduction, the pregivennes of the world turns into the pregivenness of world-constitution, the paper addresses the problems raised by the nonpregivenness both of the depth-levels and the reach of transcendental life. By unfolding these lines of inquiry, transcendental phenomenology surmounts the provisional analysis of constitution at the surface level as well as the limitation of transcendental life to the egological sphere. Finally, it is contended that Fink’s account of pregivenness overstates apperceptive or secondary pregivenenness because is does not deal with the pregivenness that precedes acts and is the condition of possibility for primary passivity. Reasons for the omission of impressional or primary pregivenness are suggested. (shrink)

Musical improvisation is a natural case of human pattern formation, and Walton and colleagues investigate the way that different contextual constraints affect patterns of improvisation and their aesthetic quality. The authors find that coordination patterns are more diversified between two musicians when the musical space in which to improvise is relatively more constrained. They also find that listeners experience more diversified, complementary patterns between musicians as more enjoyable and harmonious.

That photography is a supremely realistic medium may be the commonsense view, but—as Edward Steichen reminds us—it is by no means universal. Dissenters note how unlike reality a photograph is and how unlikely we are to confuse the one with the other. They point to “distortions” engendered by the photographic process and to the control which the photographer exercises over the finished product, the opportunities he enjoys for interpretation and falsification. Many emphasize the expressive nature of the medium, observing that (...) photographs are inevitably colored by the photographer’s personal interests, attitudes, and prejudices.1 Whether any of these various considerations really does collide with photography’s claim of extraordinary realism depends, of course, on how that claim is to be understood.Those who find photographs especially realistic sometimes think of photography as a further advance in a direction which many picture makers have taken during the last several centuries, as a continuation or culmination of the post-Renaissance quest for realism.2 There is some truth in this. Such earlier advances toward realism include the development of perspective and modeling techniques, the portrayal of ordinary and incidental details, attention to the effects of light, and so on. From its very beginning, photography mastered perspective . Subtleties of shading, gradations of brightness nearly impossible to achieve with the brush, became commonplace. Photographs include as a matter of course the most mundane details of the scenes they portray—stray chickens, facial warts, clutters of dirty dishes. Photographic images easily can seem to be what painters striving for realism have always been after. 2. See André Bazin, “The Ontology of the Photographic Image,” What is Cinema?, trans. Hugh Gray, vol. 1 , p. 12; all further references to this work, abbreviated “OPI,” will be included in the text. See also Rudolf Arnheim, “Melancholy Unshaped,” Toward a Psychology of Art: Collected Essays , p. 186. Kendall L. Walton is professor of Philosophy at the University of Michigan. He is currently completing a book on representation in the arts. (shrink)

This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current (...) argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations. (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. (...) class='Hi'>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)

Gaston Bachelard distinguishes the radical novelty and newness of the imagination from pre-existing sensory impressions. In this article, I explore Bachelard's connections between time, the imagined image and poetic form, and I consider their implications for the cinema. Concentrating my analysis on Ildikó Enyedi's Testről és lélekről/ On Body and Soul — a film that alternates between doubled worlds, depictions of human and animal life — I draw out the temporality and the diversity of Bachelard's imagined images. Bringing Bachelard's instant, (...) vertical time and the crystalline to bear on Enyedi's film, I argue that, under the pretext of sleep, rest and dreaming, On Body and Soul engages the temporality and attentiveness of the Bachelardian imagination, together with its poetic effects. (shrink)

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. (shrink)

This book examines three areas in which abductive reasoning is especially important: medicine, science, and law. The reader is introduced to abduction and shown how it has evolved historically into the framework of conventional wisdom in logic. Discussions draw upon recent techniques used in artificial intelligence, particularly in the areas of multi-agent systems and plan recognition, to develop a dialogue model of explanation. Cases of causal explanations in law are analyzed using abductive reasoning, and all the components are finally brought (...) together to build a new account of abductive reasoning. By clarifying the notion of abduction as a common and significant type of reasoning in everyday argumentation, _Abductive Reasoning_ will be useful to scholars and students in many fields, including argumentation, computing and artificial intelligence, psychology and cognitive science, law, philosophy, linguistics, and speech communication and rhetoric. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 101-115 [Access article in PDF] Case Study of the Use of a Circumstantial Ad Hominem in Political Argumentation Douglas Walton In the 1860s, Northern newspapers attacked Lincoln's policies by attacking his character, using the terms drunk, baboon, too slow, foolish, and dishonest. Steadily on the increase in political argumentation since then, the argumentum ad hominem has been carefully refined as an instrument of (...) "oppo tactics" and "going negative" by the public relations experts who now craft political campaigns at the national level. It has been so prominently used in the major political campaigns, debates, and advertisements of the past few years that there has even been a reaction against it--a feeling that we have gone too far in this direction and that some kind of restraint is needed. 1 But there has been no evidence of such restraint in the argumentation used in recent campaigns. Perhaps what might be helpful is a better understanding on the part of voters and campaigners of how to evaluate ad hominem arguments critically.How does the ad hominem argument really work as a way of molding public opinion, why is it so often so effective, and how can it be defended against? How can it be evaluated as a clearly identifiable type of argument, by some kind of objective standards, in a way that can be applied to particular cases? These appear to be tough questions, but recent research has made some not inconsiderable progress toward answering them.The purpose of this article is to present a new case study of a type of argument commonly used in political discourse, a case study that makes use of the dialectical normative framework for identifying and evaluating personal attack (ad hominem) arguments that is developed in a series of works by Henry W. Johnstone Jr. (1952); Alan Brinton (1985, 1995); Frans H. van Eemeren and Rob Grootendorst (1984, 1995); Erik C. W. Krabbe and Douglas N. Walton (1993), Walton (1989, chap. 6; 1998); and van Eemeren, Grootendorst, Francisca Snoeck Henkemans et al. (1996). This particular case, although typical of so many ad hominem arguments currently [End Page 101] in use in political discourse, has some special features that turn out to be quite interesting not only in showing how the dialectical framework applies to cases, but also in advancing our knowledge of how the ad hominem type of argument works in political argumentation in a democratic system for which the media reportage of events is a big factor in influencing voting. 1. Framework for analysis and evaluation Although the argumentum ad hominem, or personal attack argument, has been traditionally treated as a fallacy in logic, recent research in argumentation (as cited above) shows that, in many cases,--including cases in political argumentation--ad hominem arguments, as used in conversational arguments, are not fallacious. Research has shown that, while some personal attack arguments can definitely be judged fallacious, many others are quite reasonable (when evaluated in the appropriate context), while still others should be evaluated as weak (insufficiently supported) but not fallacious. As shown in this case study, the real function of an ad hominem argument (when properly used) is to attack an arguer's credibility in order to criticize the argument she advocates.Before going any further, it is necessary to define some terminology brought to use in the research cited above. An ad hominem argument is the use of personal attack in a dialogue exchange between two parties, where the one party attacks the character of the other party as bad, in some respect, and then uses this attack as a basis for criticizing the other party's argument. An argument is fallacious if it is a special baptizable (Johnson 1987) type of argument that is used by one party in a dialogue exchange in such a way that it blocks or interferes with the collaborative realization of the goal of the type of dialogue in which the two participants are supposed to be engaged (Walton 1995). Thus, there is a difference between a weak... (shrink)

El trabajo tiene como hilo conductor la diferenciación efectuada por P. Ricoeur respecto del lenguaje entre la lengua, el discurso oral, la escritura y la lectura. Cada uno de estos modos de lenguaje puede ser examinado según los fenómenos de la temporalidad, la subjetividad, el mundo y la intersubjetividad. Siguiendo a M. Presas, este esquema se aplica al arte y a su función de dejar que las cosas se manifiesten en su plena presencia. Se destaca su énfasis en la liberación (...) efectuada por el arte respecto de la limitación fáctica de nuestra situación finita. Esto se logra mediante la apertura a la verdad de una existencia posible que no se identifica con una evasión de la realidad. Los análisis de Presas se centran en P. Klee y F. Marc, y destacan los rasgos distintivos relacionados con los mencionados fenómenos. En el intento de ofrecer un complemento a este examen, se mencionan las interpretaciones de Merleau-Ponty sobre P. Cézanne, de M. Henry sobre V. Kandinsky y de J.-C. Marion sobre G. Courbet. Se muestra que en ellas también se encuentran explicitaciones de lo que Presas ha afirmado sobre la discordia, el ser insular y la ausencia de apremio. (shrink)

Understanding everyday behavior relies heavily upon understanding our ability to improvise, how we are able to continuously anticipate and adapt in order to coordinate with our environment and others. Here we consider the ability of musicians to improvise, where they must spontaneously coordinate their actions with co-performers in order to produce novel musical expressions. Investigations of this behavior have traditionally focused on describing the organization of cognitive structures. The focus, here, however, is on the ability of the time-evolving patterns of (...) inter-musician movement coordination as revealed by the mathematical tools of complex dynamical systems to provide a new understanding of what potentiates the novelty of spontaneous musical action. We demonstrate this approach through the application of cross wavelet spectral analysis, which isolates the strength and patterning of the behavioral coordination that occurs between improvising musicians across a range of nested time-scales. Revealing the sophistication of the previously unexplored dynamics of movement coordination between improvising musicians is an important step towards understanding how creative musical expressions emerge from the spontaneous coordination of multiple musical bodies. (shrink)

The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of (...) many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines under what conditions an arguer is obliged to support a claim with an argument that backs it up and how strong that argument needs to be to prove the claim in question. (shrink)

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)

This book provides an argumentation model for means-end reasoning, a distinctive type of reasoning used for problem-solving gand decision-making. Means-end reasoning is modeled as goal-directed argumentation from an agent's goals and known circumstances, and from an action selected as a means, to a decision to carry out the action. Goal-based reasoning for argumentation provides an argumentation model for this kind of reasoning, showing how it is employed in settings of intelligent deliberation where agents try to collectively arrive at a conclusion (...) on what they should do to move forward in a set of circumstances. The book explains how this argumentation model can help build more realistic computational systems of deliberation and decision-making and shows how such systems can be applied to solve problems posed by goal-based reasoning in numerous fields, from social psychology and sociology, to law, political science, anthropology, cognitive science, artificial intelligence, multi-agent systems, and robotics." -- Back cover. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

The twelve essays by Kendall Walton in this volume address a broad range of issues concerning the arts. Walton introduces an innovative account of aesthetic value, and explores relations between aesthetic value and values of other kinds. His classic 'Categories of Art' is included, as is 'Transparent Pictures', his controversial account of what is special about photographs. A new essay investigates the fact that still pictures are still, although some of them depict motion. New postscripts have been added (...) to several of the reprinted essays. (shrink)