Contents Acknowledgements Part 1--Medicine today 1 Why is medicine in trouble? 2 Conflicts of interest Part 2--Troublespots 3 The business of medicine 4 Sexual ...

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.

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 Bibliography of Douglas Walton’s Published Works, 1971-20.

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)

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)

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)

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)

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 "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)

Synthese: An International Journal for Epistemology, Logic and Philosophy of Science, 157, 2007, 197-240. Published version available at: http://www.springerlink.com/content/q9402gv46t415504/fulltext.pdf.

This study investigates the processes involved in the shaping of a society's economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines. The founder of modern economics, Adam Smith, likewise had a keen interest in this topic. However, with the development of economic science, scholarly assessment has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed morality of profit-making scale, the authors sought to understand how (...) respondents' economic ethical worldview shifts over time. Specifically, we theorized that the news media's copious negative coverage of the gasoline price crisis of 2006 would significandy impact individuals' MPM worldview. The results show that respondents' explicit attitudes toward MPM were significantly impacted. However, respondents' more deeply held, implicit economic ethical worldview was only slightly impacted. The authors argue that only patient, long-term explanation and argumentation can permanently affect a society's economic ethos. Implications and future research directions for business researchers are oudined. (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)

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

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.

This study utilizes an exploratory research design to investigate the influence of historical socialism and communism on the shaping of a society’s economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines including the founder of modern economics, Adam Smith. However, with the growth of economic science, academic consideration has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed Morality of Profit-Making scale, the authors sought (...) to understand how historical socialism and communism influences respondents’ economic ethical worldview utilizing an exploratory research design. Data were collected from respondents in the Czech Republic, Slovenia, Slovakia, Serbia, Poland, and Hungary. (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 aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s theory (...) is briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

A correct analysis of hierarchical selection processes must specify 1) the objects that succeed differentially as units, and 2) the properties that provide the causal bases for differential success. Here I illustrate how failing to recognize the units/bases distinction creates a contradiction in Elliott Sober's recent account of selection. A revised criterion for units of selection is developed and applied to examples at several biological levels. Criteria for bases of selection are discussed in terms of the degree of context-dependence and (...) directness of a property's effect on the success of units. The significance of previous work by Sober, Wimsatt and Brandon is thereby clarified. (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)

Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to a determination of whether an (...) argument in a specific case is relevant are not in these examples. The approach is based on a linguistic account of dialogue and text from congruity theory, and on the notion of a dialectical shift. Such a shift occurs where an argument starts out as fitting into one type of dialogue, but then it only continues to makes sense as a coherent argument if it is taken to be a part of a different type of dialogue. (shrink)

Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation.

This paper explains the importance of classifying argumentation schemes, and outlines how schemes are being used in current research in artificial intelligence and computational linguistics on argument mining. It provides a survey of the literature on scheme classification. What are so far generally taken to represent a set of the most widely useful defeasible argumentation schemes are surveyed and explained systematically, including some that are difficult to classify. A new classification system covering these centrally important schemes is built.

Puesto que la filosofía de Merleau-Ponty hasido presentada explícitamente como una filosofía de la ambigüedad, es necesario examinar el significado y el alcance de esta noción a lo largo de su desarrollo. En primer lugar, se contrapone la ambigüedad a la ambivalencia en razón de que ésta no nos permite alcanzar intelecciones claras, se diferencian sus dos sentidos -existencial y conceptual-, y se señala su asociación con la dialéctica. Luego el artículo continúa con el examen de las ambigüedades que caracterizaa (...) la relación entre cuerpo y espíritu,lenguaje y espíritu, e historia y coexistencia.Por último, se intenta mostrar la perspectiva para el humanismo que surge de una situación en que la contingencia tiene un papel decisivo, de modo que ningún principio explicativo puede eliminar las dificultades o la opacidad en la interacción social. (shrink)

Introduction. Flesh and its reversibility ; Defining the baroque ; 'Good looking' ; A cinema of baroque flesh -- 1. Flesh, cinema and the baroque : the aesthetics of reversibility. Baroque vision and painting the flesh ; Baroque flesh ; Analogous embodiments : the film's body ; Baroque vision and cinema ; Summation : face to face-feeling baroque deixis -- 2. Knots of sensation : co-extensive space and a cinema of the passions. Synaesthesia, phenomenology, and the senses ; Cinesthesia and (...) the Bel composto ; A passionate baroque : emotion, excess, and co-extensive space ; Assault and absorption : cruel baroque ; Summation : beside oneself -- 3. Baroque skin/semiotics. Chiasm : language and experience ; Baroque poetic language and the seventeenth-century infinite ; Baroque luxury ; Skin-deep : baroque texturology ; Tickles : baroque wit ; Summation : cine-mimesis -- 4. One hand films the other : baroque haptics. Touching-touched ; Haptic visuality and the baroque ; Baroque haptics and cinema ; Analogical assemblages : Baroque databases ; Summation: TEXXTURE -- Conclusion : or the baroque 'Beauty of the act'. (shrink)

El artículo argumenta que se puede trazar un paralelo entre la elaboración husserliana del imperativo categórico y la caracterización heideggeriana de la indicación formal en los tempranos cursos de Friburgo. Introduce la cuestión con una exposición de la distinción heideggeriana entre los niveles de objetualización teórica, objetivización formal y el “proto-algo”. El artículo se ocupa luego de comparar el sentido de contenido heideggeriano con la primera formulación del imperativo categórico como un motivo conductor para subsiguientes especificaciones. Esto proporciona una base (...) para considerar una ulterior semejanza entre el sentido de referencia y el desarrollo del imperativo con relación a un mundo de objetos, a un horizonte intersubjetivo y al pleno horizonte de la propia vida, en armonía con las nociones heideggerianas de mundo circundante, mundo compartido y mundo del sí-mismo. Además, se argumenta que el sentido de ejecución puede ser tomado como un modelo para el énfasis husserliano en el logro de un cumplimiento del imperativo. Por último, el “proto-algo”, que es indiferente a cualquier tipo particular de objeto, es considerado a la luz de las unidades hyléticas pre-objetivas de Husserl, que pueden ser convertidas en objetos perceptivos, emotivos o volitivos. (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)

This article is a translation, with accompanying comments, of an address given by Paulo Freire in 1985. Freire deals with his vision of the virtues necessary in a teacher. He considers eight virtue...

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 paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

This paper uses argument diagrams, argumentation schemes, and some tools from formal argumentation systems developed in artificial intelligence to build a graph-theoretic model of relevance shown to be applicable as a practical method for helping a third party judge issues of relevance or irrelevance of an argument in real examples. Examples used to illustrate how the method works are drawn from disputes about relevance in natural language discourse, including a criminal trial and a parliamentary debate.