Argument from analogy in legal rhetoric

Artificial Intelligence and Law 21 (3):279-302 (2013)
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Abstract

This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels

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Author's Profile

Douglas Walton
Last affiliation: University of Windsor

References found in this work

Argumentation schemes.Douglas Walton, Chris Reed & Fabrizio Macagno - 2008 - New York: Cambridge University Press. Edited by Chris Reed & Fabrizio Macagno.
Argumentation Schemes.Douglas Walton, Christopher Reed & Fabrizio Macagno - 2008 - Cambridge and New York: Cambridge University Press. Edited by Chris Reed & Fabrizio Macagno.
A Theory of Human Action.Alvin Ira Goldman - 1970 - Englewood Cliffs, NJ, USA: Princeton University Press.

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