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Full-Text Articles in Arts and Humanities
Contested Cases Of Statutory Interpretation, Douglas Walton, G. Sartor, F. Macagno
Contested Cases Of Statutory Interpretation, Douglas Walton, G. Sartor, F. Macagno
CRRAR Publications
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 …
Classifying The Patterns Of Natural Arguments, Fabrizio Macagno, Douglas Walton
Classifying The Patterns Of Natural Arguments, Fabrizio Macagno, Douglas Walton
CRRAR Publications
The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not …
Advances In The Theory Of Argumentation Schemes And Critical Questions, Douglas Walton
Advances In The Theory Of Argumentation Schemes And Critical Questions, Douglas Walton
CRRAR Publications
This paper begins a working-through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and …