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The Concept Of Argument

Author: Harald R. Wohlrapp
Publisher: Springer
ISBN: 940178762X
Size: 34.15 MB
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Arguing that our attachment to Aristotelian modes of discourse makes a revision of their conceptual foundations long overdue, the author proposes the consideration of unacknowledged factors that play a central role in argument itself. These are in particular the subjective imprint and the dynamics of argumentation. Their inclusion in a four-dimensional framework (subjective-objective, structural-procedural) and the focus on thesis validity allow for a more realistic view of our discourse practice. Exhaustive analyses of fascinating historical and contemporary arguments are provided. These range from Columbus’s advocacy of the Western Passage to India, over the trial of King Louis XVI during the French Revolution, to today’s highly charged controversies surrounding euthanasia and embryo research. Excavating foundational issues such as the purpose of argument itself (assent of an audience or critical examination of validity claims) and the contested role of argument as a generator of knowledge, the book culminates in a discussion of the relationship between rationality and reasonableness and criticizes the restrictions of ‘rational’ argument relying on fixed logical, economic or cultural criteria that in reality are mutable. Here, a true, open argument requires the infusion of Paul Lorenzen’s principle of ‘transsubjectivity’, which recognizes but transcends the partiality of the individual and which can be seen in the pragmatic and expanding consensus that humanity can control itself to safeguard the future of a fragile, damaged world.

Applications Of Formal Philosophy

Author: Rafał Urbaniak
Publisher: Springer
ISBN: 331958507X
Size: 27.26 MB
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This book features mathematical and formal philosophers’ efforts to understand philosophical questions using mathematical techniques. It offers a collection of works from leading researchers in the area, who discuss some of the most fascinating ways formal methods are now being applied. It covers topics such as: the uses of probable and statistical reasoning, rational choice theory, reasoning in the environmental sciences, reasoning about laws and changes of rules, and reasoning about collective decision procedures as well as about action. Utilizing mathematical techniques has been very fruitful in the traditional domains of formal philosophy – logic, philosophy of mathematics and metaphysics – while formal philosophy is simultaneously branching out into other areas in philosophy and the social sciences. These areas particularly include ethics, political science, and the methodology of the natural and social sciences. Reasoning about legal rules, collective decision-making procedures, and rational choices are of interest to all those engaged in legal theory, political science and economics. Statistical reasoning is also of interest to political scientists and economists.

Handbook Of Legal Reasoning And Argumentation

Author: Giorgio Bongiovanni
Publisher: Springer
ISBN: 9048194520
Size: 49.91 MB
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This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

Logical Models Of Legal Argumentation

Author: H. Prakken
Publisher: Springer Science & Business Media
ISBN: 9401156689
Size: 48.48 MB
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In the study of forms of legal reasoning, logic and argumentation theory long followed separate tracks. `Legal logicians' tended to focus on a deductive reconstruction of justifying a decision, disregarding the dialectical process leading to the chosen justification. Others instead emphasized the adversarial and discretionary nature of legal reasoning, involving reasonable evaluation of alternative choices, and the use of analogical reasoning. Recently, however, developments in Artificial Intelligence and Law have paved the way for overcoming this separation. Logic has widened its scope to defensible argumentation, and informal accounts of analogy and dialectics have inspired the construction of computer programs. Thus the prospect is emerging of an integrated logical and dialectical account of legal argument, adding to the understanding of legal reasoning, and providing a formal basis for computer tools that assist and mediate legal debates while leaving room for human initiative. This book presents contributions to this development. From a logical point of view it covers topics such as evaluating conflicting arguments, weighing reasons, modelling legal disputes as a dialogue game, the role of the burden of proof, the relation between principles, rules, reasons and facts, and the relation between deductive and nondeductive arguments. Written by leading scholars in the field and building on recent developments in logic and Artificial Intelligence, the chapters provide a state-of-the-art account of research on the logical aspects of legal argument.

Argumentation Schemes For Presumptive Reasoning

Author: Douglas N. Walton
Publisher: Psychology Press
ISBN: 9780805820713
Size: 59.73 MB
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Recent concerns with the evaluation of argumentation in informal logic and speech communication center around nondemonstrative arguments that lead to tentative or defeasible conclusions based on a balance of considerations. Such arguments do not appear to have structures of the kind traditionally identified with deductive and inductive reasoning, but are extremely common and are often called "plausible" or "presumptive," meaning that they are only provisionally acceptable even when they are correct. How is one to judge, by some clearly defined standard, whether such arguments are correct or not in a given instance? The answer lies in what are called argumentation schemes -- forms of argument (structures of inference) that enable one to identify and evaluate common types of argumentation in everyday discourse. This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each. These two elements -- the scheme and the questions -- are then used to evaluate a given argument in a particular case in relation to a context of dialogue in which the argument occurred. In recent writings on argumentation, there is a good deal of stress placed on how important argumentation schemes are in any attempt to evaluate common arguments in everyday reasoning as correct or fallacious, acceptable or questionable. However, the problem is that the literature thus far has not produced a precise and user-friendly enough analysis of the structures of the argumentation schemes themselves, nor have any of the documented accounts been as helpful, accessible, or systematic as they could be, especially in relation to presumptive reasoning. This book solves the problem by presenting the most common presumptive schemes in an orderly and clear way that makes them explicit and useful as precisely defined structures. As such, it will be an indispensable tool for researchers, students, and teachers in the areas of critical thinking, argumentation, speech communication, informal logic, and discourse analysis.

Legal Argumentation And Evidence

Author: Douglas Walton
Publisher: Penn State Press
ISBN: 9780271048338
Size: 13.24 MB
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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.

Fallacies Arising From Ambiguity

Author: Douglas Walton
Publisher: Springer Science & Business Media
ISBN: 9401586322
Size: 26.32 MB
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We are happy to present to the reader the first book of our Applied Logic Series. Walton's book on the fallacies of ambiguity is firmly at the heart of practical reasoning, an important part of applied logic. There is an increasing interest in artifIcial intelligence, philosophy, psychol ogy, software engineering and linguistics, in the analysis and possible mechanisation of human practical reasoning. Continuing the ancient quest that began with Aristotle, computer scientists, logicians, philosophers and linguists are vigorously seeking to deepen our understanding of human reasoning and argumentation. Significant communities of researchers are actively engaged in developing new approaches to logic and argumentation, which are better suited to the urgent needs of today's applications. The author of this book has, over many years, made significant contributions to the detailed analysis of practical reasoning case studies, thus providing solid foundations for new and more applicable formal logical systems. We welcome Doug Walton's new book to our series.

Sourcebook On Rhetoric

Author: James Jasinski
Publisher: SAGE
ISBN: 9780761905042
Size: 54.70 MB
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This book is designed to introduce readers to the language of contemporary rhetorical studies. The book format is an alphabetized glossary (with appropriate cross listings) of key terms and concepts in contemporary rhetorical studies. An introductory chapter outlines the definitional ambiguities of the central concept of rhetoric itself. The primary emphasis is on the contemporary tradition of rhetorical studies as it has emerged in the discipline of speech communication. Each entry in the glossary ranges in length from a few paragraphs to a short essay of a few pages. Where appropriate, examples are provided to further illustrate the term or concept. Each entry will be accompanied by a list of references and additional readings to direct the reader to other materials of possible interest.

Historical Foundations Of Informal Logic

Author: Douglas N. Walton
Publisher: Ashgate Publishing
ISBN:
Size: 43.68 MB
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In just the last twenty years there has arisen a strong interest, especially among teachers of logic at the universities, in teaching techniques of applied logical reasoning and critical thinking. Many universities are now stressing these skills at an introductory level, and to meet the need, informal logic has begun to form and grow as a discipline in its own right.Like all subjects, it helps us to understand it if we can situate it in a context of historical development. This collection of essays provides the readings required to understand the development of a subject whose historical origins have been so far little studied.Many of the chapters are written by scholars in philosophy and speech communication who are themselves leading contributors to the subject, and their contemporary views throw light on how these earlier writers have influenced their thinking. This dimension gives an added interest to the essays, and indicates the way informal logic is currently evolving and seeking out its ancient historical origins.

Reflections On Theoretical Issues In Argumentation Theory

Author: Frans H. van Eemeren
Publisher: Springer
ISBN: 331921103X
Size: 16.48 MB
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This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and formalization, offers descriptions of the analytical and evaluative tools of informal logic, and highlights selected principles that argumentation theorists do and do not agree upon. In turn, the section on linguistic approaches to argumentation focuses on the problem of distinguishing between explanation and argument, while also elaborating on the role of verbal indicators of argument schemes. All essays included in this volume point out notable recent developments in the study of argumentation.