front cover of Abductive Reasoning
Abductive Reasoning
Douglas Walton
University of Alabama Press, 2005
A study of the role of abductive inference in everyday argumentation and legal evidence

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.
 
[more]

front cover of Ad Hominem Arguments
Ad Hominem Arguments
Douglas Walton
University of Alabama Press, 2009

A vital contribution to legal theory and media and civic discourse

In the 1860s, northern newspapers attacked Abraham 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, or personal attack argument, has now been carefully refined as an instrument of "oppo tactics" and "going negative" by the public relations experts who craft political campaigns at the national level. In this definitive treatment of one of the most important concepts in argumentation theory and informal logic, Douglas Walton presents a normative framework for identifying and evaluating ad hominem or personal attack arguments.

Personal attack arguments have often proved to be so effective, in election campaigns, for example, that even while condemning them, politicians have not stopped using them. In the media, in the courtroom, and in everyday confrontation, ad hominem arguments are easy to put forward as accusations, are difficult to refute, and often have an extremely powerful effect on persuading an audience.

Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation. His analysis classifies the ad hominem argument into five clearly defined subtypes—abusive (direct), circumstantial, bias, "poisoning the well," and tu quoque ("you're just as bad") arguments—and gives methods for evaluating each type. Each subtype is given a well-defined form as a recognizable type of argument. 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 argumentation as fallacious or not in particular cases.




 
[more]

front cover of A Pragmatic Theory of Fallacy
A Pragmatic Theory of Fallacy
Douglas Walton
University of Alabama Press, 1995
Takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies
 
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.
 
[more]

front cover of Presumptions and Burdens of Proof
Presumptions and Burdens of Proof
An Anthology of Argumentation and the Law
Edited by Hans V. Hansen, Fred J. Kauffeld, James B. Freeman, and Lilian Bermejo-Luque
University of Alabama Press, 2019
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof

In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law—including politics, science, religion, philosophy, and interpersonal communication—have been the object of study since the nineteenth century.

However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today.

The collection’s first half contains historical sources and begins with excerpts from Aristotle’s Topics and goes on to include the locus classicus chapter from Bishop Whately’s crucial Elements of Rhetoric as well as later reactions to Whately’s views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
[more]


Send via email Share on Facebook Share on Twitter