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.

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another's words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker's statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis.

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.

This book examines the nature of evidence for character judgments, using a model of abductive reasoning called Inference To The Best Explanation. The book expands this notion based on recent work with models of reasoning using argumentation theory and artificial intelligence. The aim is not just to show how character judgments are made, but how they should be properly be made based on sound reasoning, avoiding common errors and superficial judgments.

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.

This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches (including President Obama's Nobel Peace Prize address) and legal arguments, the book offers a systematic study of emotive language in argumentation, rhetoric, communication, political science and public speaking.

During a recent visit to China to give an invited lecture on legal argumentation I was asked a question about conventional opinion in western countries. If legal r- soning is thought to be important by those both inside and outside the legal prof- sion, why does there appear to be so little attention given to the study of legal logic? This was a hard question to answer. I had to admit there were no large or well-established centers of legal logic in North America that I could recommend as places to study. Going through customs in Vancouver, the customs officer asked what I had been doing in China. I told him I had been a speaker at a conf- ence. He asked what the conference was on. I told him legal logic. He asked 1 whether there was such a thing. He was trying to be funny, but I thought he had a good point. People will question whether there is such a thing as legal logic, and some recent very prominent trials give the question some backing in the common opinion. But having thought over the question of why so little attention appears to be given to legal logic as a mainstream subject in western countries, I think I now have an answer. The answer is that we have been looking in the wrong place."

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.

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."

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.

Bridging the gap between applied ethics and ethical theory, Ethical Argumentation draws on recent research in argumentation theory to develop a more realistic model of how ethical justification actually works. Douglas Walton presents a new model of ethical argumentation in which ethical justification is analyzed as a defeasible form of argumentation considered in a balanced dialogue. Walton's new model employs techniques such as: asking the appropriate critical questions, probing accepted values, finding nonexplicit assumptions in an ethical argument, and deconstructing emotive terms and persuasive definitions. This book will be of significant interest to scholars and advanced students in applied ethics and theory.

In Relevance in Argumentation, author Douglas Walton presents a new method for critically evaluating arguments for relevance. This method enables a critic to judge whether a move can be said to be relevant or irrelevant, and is based on case studies of argumentation in which an argument, or part of an argument, has been criticized as irrelevant. Walton's method is based on a new theory of relevance that incorporates techniques of argumentation theory, logic, and artificial intelligence. The work uses a case-study approach with numerous examples of controversial arguments, strategies of attack in argumentation, and fallacies. Walton reviews ordinary cases of irrelevance in argumentation, and uses them as a basis to advance and develop his new theory of irrelevance and relevance. The volume also presents a clear account of the technical problems in the previous attempts to define relevance, including an analysis of formal systems of relevance logic and an explanation of the Grecian notion of conversational relevance. This volume is intended for graduate and advanced undergraduate courses in those fields using argumentation theory--especially philosophy, linguistics, cognitive science and communication studies, in addition to argumentation. The work also has practical use, as it applies theory directly to familiar examples of argumentation in daily and professional life. With a clear and comprehensive method for determining relevance and irrelevance, it can be convincingly applied to highly significant practical problems about relevance, including those in legal and political argumentation.

In Relevance in Argumentation, author Douglas Walton presents a new method for critically evaluating arguments for relevance. This method enables a critic to judge whether a move can be said to be relevant or irrelevant, and is based on case studies of argumentation in which an argument, or part of an argument, has been criticized as irrelevant. Walton's method is based on a new theory of relevance that incorporates techniques of argumentation theory, logic, and artificial intelligence. The work uses a case-study approach with numerous examples of controversial arguments, strategies of attack in argumentation, and fallacies. Walton reviews ordinary cases of irrelevance in argumentation, and uses them as a basis to advance and develop his new theory of irrelevance and relevance. The volume also presents a clear account of the technical problems in the previous attempts to define relevance, including an analysis of formal systems of relevance logic and an explanation of the Grecian notion of conversational relevance. This volume is intended for graduate and advanced undergraduate courses in those fields using argumentation theory--especially philosophy, linguistics, cognitive science and communication studies, in addition to argumentation. The work also has practical use, as it applies theory directly to familiar examples of argumentation in daily and professional life. With a clear and comprehensive method for determining relevance and irrelevance, it can be convincingly applied to highly significant practical problems about relevance, including those in legal and political argumentation.

Bridging the gap between applied ethics and ethical theory, Ethical Argumentation draws on recent research in argumentation theory to develop a more realistic model of how ethical justification actually works. Douglas Walton presents a new model of ethical argumentation in which ethical justification is analyzed as a defeasible form of argumentation considered in a balanced dialogue. Walton's new model employs techniques such as: asking the appropriate critical questions, probing accepted values, finding nonexplicit assumptions in an ethical argument, and deconstructing emotive terms and persuasive definitions. This book will be of significant interest to scholars and advanced students in applied ethics and theory.

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.

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.

Informal Logic is an introductory guidebook to the basic principles of constructing sound arguments and criticizing 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. Among the many subjects covered are: forms of valid argument, defeasible arguments, relevance, appeals to emotion, personal attack, straw man argument, jumping to a conclusion, uses and abuses of expert opinion, problems in drawing conclusions from polls and statistics, loaded terms, equivocation, arguments from analogy, and techniques of posing, replying to, and criticizing questions. This new edition takes into account many new 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 recent 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.

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.

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.

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.

This book provides an argumentation model for means end-reasoning, a distinctive type of reasoning used for problem-solving and decision-making. Means end-reasoning is modelled 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 of 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.

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.

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.

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. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation.

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.