This paper argues that the choice of backing to certify the authority of a warrant requires a legitimation inference. When brought into question, such an inference becomes a claim defended by showing sound reasons for the selection of backing pertinent to a shared context. Legitimation controversies ensue when an attributed consensus meets objection. It is argued that attention to legitimation controversies renders the Toulmin model a more useful critical paradigm for investigating the development and risks of communicative reasoning (...) in a public forum. The nomination of John Tower as Secretary of Defense is employed to illustrate how critical analysis of legitimation controversies reflexively expands the domain of inquiry for informal reasoning. (shrink)

We argue that Cohen’s concept of inductive or ampliative probability facilitates proper explication of sufficient strength for non-demonstrative arguments conforming to the Toulmin model. The data and claims of such arguments are singular statements. We may epistemically classify the warrants of such arguments as empirical (either physical or personal), institutional, or evaluative. Backing evidence and rebutting considerations vary with the epistemic type of warrant, but in each case the notion of ampliative probability for arguments with warrants of that (...) type can be characterized. We may then use ampliative probability to define sufficient strength and related notions for Toulmin arguments. (shrink)

In The Uses of Argument, Stephen Toulmin proposed a model for the layout of arguments: claim, data, warrant, qualifier, rebuttal, backing. Since then, Toulmin’s model has been appropriated, adapted and extended by researchers in speech communications, philosophy and artificial intelligence. This book assembles the best contemporary reflection in these fields, extending or challenging Toulmin’s ideas in ways that make fresh contributions to the theory of analysing and evaluating arguments.

Some solo verbal reasoning serves the function of arriving at a correct answer to a question from information at the reasoner’s disposal. Such reasoning is good if and only if its grounds are justified and adequate, its warrant is justified, and the reasoner is justified in assuming that no defeaters apply. I distinguish seven sources of justified grounds and state the conditions under which each source is trustworthy. Adequate grounds include all good relevant information practically obtainable by the reasoner. The (...) claim must follow from the grounds in accordance with a justified general warrant. If this warrant is not universal, the reasoner must be justified in assuming that no exception-making circumstances hold in the particular case to which it is applied. (shrink)

As a model for explaining the inwardness of mental life, a computer in the cortex is no improvement on an immaterial mind trapped wherever Descartes or Newton originally located it. For both models distract our attention from certain crucial differences between inwardness and interiority - that is, from certain crucial respects in which these two inherited ways of thinking about the inner mind diverge from one another. Clearly, interiority is an inescapable feature of our brains and of all the (...) physiological processes that go on in the central nervous system. There is no doubt at all that those processes are permanently located inside our bodies. So, if our mental lives were, properly speaking, trapped within our brains, they must be trapped there from birth. In this view, our minds must indeed operate permanently à huis clos: like prisoners who are born, live, and die in permanent deadlock. Yet the inwardness of mental life, as we know it and speak of it in everyday experience, is not like that at all. The things that mark so many of our thoughts, wishes, and feelings as inner or inward are not permanent, inescapable, lifelong characteristics. On the contrary, inwardness is in many respects an acquired feature of our experience, a product, in part, of cultural history but in part also of individual development. So understood, our mental lives are not essentially inner lives. Rather, they become inner because we make them so. And we do develop inner lives, in this direct, experiential sense, because we have reasons for doing so. Stephen Toulmin presented an earlier version of this essay as the Nora and Edward Ryerson Lecture at the University of Chicago on 30 April 1979. He is the author of, among other works, Foresight and Understanding, Human Understanding, Knowing and Acting, and Wittgenstein's Vienna. (shrink)

Toulmin’s (1958) model of argument was employed in the analysis of verbal protocols obtained during the solving of ill-structured problems. The participants were experts in the domain under study. For the analysis the Toulmin model was extended in order to enable description of lines of argument found in protocols as long as 10 paragraphs. Results included: (1) That while the protocol was comprised of a large number of specific arguments, the analysis provided for tracing a solver’s (...) line of argument. (2) On occasion datum and backing were difficult to distinguish. (3) Warrants essentially were not stated, although substantial backing was provided. However, as perhaps would be expected, the Toulmin model did not provide for delineation of components of the problem-solving process. A second analysis assuming a “higher level” problem-solving structure and a “lower level” argument structure produced an integrated problem-solving – argumentation structure depicting how reasoning is used in relation to particular task goals. Finally, at a more general level, problem solving was considered as a classical rhetorical structure. (shrink)

In The Uses of Argument, Toulmin proposed a distinction between fielddependent and field-invariant standards for argument appraisal that gave rise to a relativistic understanding of his theory. The main goal of this paper is to show that epistemological relativism is not a necessary consequence ofToulmin's model of argument. To this end, I will analyze the role that fields are to play within this model, given a certain conception of one of its key elements: the warrant of an (...) argument. (shrink)

A number of increasingly sophisticated technologies are now being used to support complex decision-making in a range of contexts. This paper reports on work undertaken to provide decision support in the discretionary domain of sentencing by referring to a recently created Toulmin argument based model that involves the interplay and weighting of relevant rule-based and discretionary factors used in a decisional process. Judicial discretion, particularly in the sentencing phase, is one of the mainstays of justice systems that favour (...) individualised justice. The study discusses the modelling process in Victorian courts in Australia, where the handing down of an appropriate custodial or non-custodial sentence requires the consideration of many factors. Tools and techniques used to capture relevant expert knowledge and display it both as a paper model and as an online prototype application are discussed. (shrink)

The article undertakes the problem of a Wittgensteinian background of Toulmin’s model of argument. While appreciating the original character of the investigations set out by Toulmin in The Uses of Argument, Wittgenstein’s ideas taken to be forerunners of both Toulmin’s philosophical method and the particular elements of the model of substantial argument are traced backward, to Toulmin’s earlier books: The Philosophy of Science (Toulmin, The philosophy of science. An introduction, Hutchinson University Library, London, (...) 1953) and An Examination of the Place of Reason in Ethics (Toulmin, An examination of the place of reason in ethics, Cambridge University Press, Cambridge, 1950). The technique of pinpointing the constituents of that model in the books preceding The Uses of Argument is superposing the layout of Toulmin’s model on the crucial arguments concerning the earlier books: the scientific one based on Newtonian optics and the moral one concerning keeping promises. Such a procedure allows identifying backing for warrants and argument fields with the methods of representation in The Philosophy of Science and with modes of reasoning in An Examination of the Place of Reason in Ethics. The former is traced to passages 6.3 ff of Wittgenstein’s Tractatus, while the latter—to the concept of word-games (the later Wittgenstein’s language games). The claim regarding Wittgenstein’s background is that in Toulmin’s view of Wittgenstein, some parts of Tractatus concerning representing are in line with Wittgenstein’s later reflections on language games; as well as that the overall method of The Uses of Argument goes along with Wittgenstein’s therapeutic approach to philosophical problems that have to be placed in the context of their ordinary use. (shrink)

Ferrari’s critique founders on two issues. Firstly, he does not always represent Toulmin’s view of mathematics and mathematical arguments accurately (indeed, he sometimes attributes to Toulmin positions Toulmin was actually attacking). More importantly, the view of mathematics and mathematical arguments that Toulmin defends in ‘The Uses of Argument’ has no bearing on the value of applying Toulmin’s model to mathematics education. The scholars who proposed this application paid little or no attention to Toulmin’s (...) wider philosophical views and nor should they have done; like many tools, Toulmin’s model found an application its inventor did not anticipate. (shrink)

This essay attempts to investigate the prospects for a certain model of rational argumentation, what we call a dialectical model. More specifically, we assess the utility of this model for the purposes of inquiry. Dialectical inquiry consists in a rule-governed discussion between two or more interlocutors in which the acceptability of a claim is determined by laying out and criticizing the support available for it. Models of dialectical argumentative discussion have been proposed before, and part of this (...) work consists in a critical outline of three relatively recent models, those of Rescher, Toulmin, and van Eemeren and Grootendorst. The remainder of the essay evaluates and defends a set of standards of dialectical adequacy. We defend cogency standards of acceptability, relevance, and sufficiency and pragmatic standards embodied in a set of rules of discussion. The impetus of the work is a desire to have a model through which we may rationally assess the acceptability of claims.Dept. of Philosophy. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis1990.J674. Source: Masterss International, Volume: 30-03, page: 0419. Thesis --University of Windsor, 1990. (shrink)

In “The Uses of Argument” Toulmin introduces a number of concepts that have become popular in argumentation theory, such as data, claim, warrant, backing, force, field, and, most fundamentally, the concept of a “logical type”. Toulmin never defines the concept of a logical type or a field very clearly, and different interpretations can be found in the literature, either reconstructing what Toulmin has in mind, or revising his concepts to suit other concerns. A natural history of these (...) concepts is not my concern. I will analyse logical types according to what Toulmin uses this concept for, namely to raise a problem with deductive logic and motivate its replacement with the Toulmin model. I will argue that a logical type and the distinction he draws between different logical types resembles distinctions made in logical positivism between the directly and the indirectly verifiable, and the problem raised is, in essence, the positivist’s problem of how indirect propositions can be justified on the basis of direct propositions. I will show that Toulmin makes a straw man of the positivists’ own solution to the problem and hence does not prove there to be an adequate motivation for replacing deductive logic with the Toulmin model. (shrink)

Toulmin’s formulation of “analytic arguments” in his 1958 book, The Uses of Argument, is opaque. Commentators have not adequately explicated this formulation, though Toulmin called it a “key” and “crucial” concept for his model of argument macrostructure. Toulmin’s principle “tests” for determining analytic arguments are problematic. Neither the “tautology test” nor the “verification test” straightforwardly indicates whether an argument is analytic or not. As such, Toulmin’s notion of analytic arguments might not represent such a key (...) feature of his model. Absent a clearer formulation of analytic arguments, readers of Toulmin should be hesitant to adopt this terminology. (shrink)

The Toulmin diagram layout is very familiar and widely used, particularly in the teaching of critical thinking skills. The conventional box-and-arrow diagram is equally familiar and widespread. Translation between the two throws up a number of interesting challenges. Some of these challenges (such as the relationship between Toulmin warrants and their counterparts in traditional diagrams) represent slightly different ways of looking at old and deep theoretical questions. Others (such as how to allow Toulmin diagrams to be recursive) (...) are diagrammatic versions of questions that have already been addressed in artificial intelligence models of argument. But there are further questions (such as the relationships between refutations, rebuttals and undercutters, and the roles of multiple warrants) that are posed as a specific result of examining the diagram inter-translation problem. These three classes of problems are discussed. To the first class are addressed solutions based on engineering pragmatism; to the second class, are addressed solutions drawn from the appropriate literature; and to the third class, fuller exploration is offered justifying the approaches taken in developing solutions that offer both pragmatic utility and theoretical interest. Finally, these solutions are explored briefly in the context of the Araucaria system, showing the ways in which analysts can tackle arguments either using one diagrammatic style or another, or even a combination of the two. (shrink)

The Toulmin diagram layout is very familiar and widely used, particularly in the teaching of critical thinking skills. The conventional box-and-arrow diagram is equally familiar and widespread. Translation between the two throws up a number of interesting challenges. Some of these challenges represent slightly different ways of looking at old and deep theoretical questions. Others are diagrammatic versions of questions that have already been addressed in artificial intelligence models of argument. But there are further questions that are posed as (...) a specific result of examining the diagram inter-translation problem. These three classes of problems are discussed. To the first class are addressed solutions based on engineering pragmatism; to the second class are addressed solutions drawn from the appropriate literature; and to the third class, fuller exploration is offered justifying the approaches taken in developing solutions that offer both pragmatic utility and theoretical interest. Finally, these solutions are explored briefly in the context of the Araucaria system, showing the ways in which analysts can tackle arguments either using one diagrammatic style or another, or even a combination of the two. (shrink)

In the academic community, predatory publishers are exploiting academic integrity and the open access publishing model. Academicians receive numerous spam e-mail messages inviting article submissions each day which deceive authors by promising fast review and publication. The content of these emails present arguments in a way to appear as legitimate and valid to grab the attention of authors. Therefore, the aim of this paper is to advance insights into the arguments deployed by fake journals in their attempt to convey (...) specific indexicalities of identity and truthfulness. As a result of thematic analysis of 50 email messages from such journals, this research drew on two main themes-explicit and implicit arguments and their most frequent subcategories which were formal lexicon/grammar and fast peer- reviewed process. These arguments were, further, mapped on to Toulmin’s Model of Argumentation to find out more about the strength of the information used to support their claim. Utilizing Toulmin’s model, the findings highlighted the fact that there were instances of discursive deviations or “hidden rebuttals” that revealed the predatory journals’ ingenuity. (shrink)

Toulmin’s DWC model recognizes a plurality of argument cultures through the thesis of field dependency: that the normative features of arguments vary from one field to the next. Yet, little consensus exists concerning the nature and foundations of argument fields. This paper explores the question of whether Toulminian fields have any useful role to play in the epistemic evaluation of arguments.

Toulmin’s scheme for the layout of arguments (1958, The Uses of Argument, Cambridge University Press, Cambridge) represents an influential tool for the analysis of arguments. The scheme enriches the traditional premises-conclusion model of arguments by distinguishing additional elements, like warrant, backing and rebuttal. The present paper contains a formal elaboration of Toulmin’s scheme, and extends it with a treatment of the formal evaluation of Toulmin-style arguments, which Toulmin did not discuss at all. Arguments are evaluated (...) in terms of a so-called dialectical interpretation of their assumptions. In such an interpretation, an argument’s assumptions can be evaluated as defeated, e.g., when there is a defeating reason against the assumption. The present work builds on recent research on defeasible argumentation (cf. e.g. the work of Pollock, Reiter, Loui, Vreeswijk, Prakken, Hage and Dung). More specifically, the author’s work on the dialectical logic DEFLOG and the argumentation tool ARGUMED serve as starting points. (shrink)

Toulmin is famously seen as the progenitor of informal logic and the related theory of argument and is first among many who seek to move the study of argument away from its roots in formal, especially mathematical, logic. Toulmin’s efforts, however, have been substantively criticized by Harvey Siegel, among others, for failing to offer the sort of foundation that, according to Siegel, even Toulmin sees to be required lest the theory of inquiry fall to impotent relativism. What (...) I will attempt to indicate in this paper is, that although Toulmin is correct in rejecting mathematical logic as standardly construed as an adequate theory of argument, and logical empiricist constructions as an adequate basis for the philosophical understanding of science, there is a significant role for metamathematics in the new logic. In particular, I will show how a formal model based on mature physical science rather than arithmetic furnishes crucial support to Toulmin, furnishing philosophical metaphors that afford the foundational support required for normativity and the clarification of key logical concepts required for a robust normative theory of argument in the context of inquiry. (shrink)

Primeiramente, oferecemos uma apresentação teórica da representação do pensamento prático, começando pela distinção entre silogismo dialético e silogismo demonstrativo. Fazemos referência à crítica de Toulmin contra o dedutivismo dominante de seu tempo. Em seguida, fornecemos argumentos para apoiar a relevância heurística do modelo de Toulmin para entender a discussão sobre a inclusão da lógica padrão na representação do pensamento comum. Afirmamos que o projeto analítico toulmaniano permite entender, com clareza metódica, a derrotabilidade dos argumentos do senso comum por (...) meio da investigação da noção modal de probabilidade na linguagem comum. First, we offer theoretical resemblance of the representation of practical reasoning, beginning with the distinction between demonstrative and dialectical syllogism. We make reference to the Toulmin’s critique against to the dominant deductivism in his time. Then we give arguments to sustain the heuristic relevance of Toulmin’s model to understand the discussion about the inclusion of default logics in the representation of ordinary reasoning. We assert that the Toulminian analytic design allows to understand, with methodical clarity, the defeasibility of common sense arguments by means of the investigation of the modal notion of probability in ordinary language. (shrink)

In a memorial essay on the philosopher Stephen Toulmin (1922–2009), the author discusses ideas that he and Toulmin drew, over the years, from their reading and coteaching of Tolstoy. He speculates that Toulmin's interest in Tolstoy may have been encouraged by Wittgenstein, Toulmin's teacher and a lover of Tolstoy. All three men understood philosophy as having taken a wrong turn with the rise of rationalism, which occasioned to the idea that social life could be shown to (...) conform to a hard science modeled on Newtonian physics. They saw the dream of a social science as entirely spurious, the superstition of the modern world. They found the idea—held by economists and disciplines inspired by their models—that social processes tend to a predictable optimality absurd, both because the hallmark of real life is imperfection and because (so far as predictability is concerned) time is open to alternatives. Although he did not use the term “casuistry,” which Toulmin revived, Tolstoy saw ethics as a matter of case-based reasoning irreducible to a system; and both thinkers regarded the realist novel as the natural home of ethics viewed this way. Anna Karenina also contains an argument about modernization and reform similar to the one that Toulmin advances in Return to Reason. Toulmin took a special, and evidently personal, delight in that novel's portrait of the shortcomings of intellectuals, for whom abstract theory and solidarity with other intellectuals count above all. Such intellectuals, portrayed in the novel and all too common in Toulmin's time, smugly dismiss truly independent thinkers as “reactionary,” unenlightened, or unable to rise above the messiness of lived experience to the theoretical world of which intellectuals are the masters. Such thinking, the essay concludes, assures intellectuals' sense of superiority but at the cost of real understanding. (shrink)

Argumentation is a dialogical attempt to bring about a desired change in the beliefs of another agent – that is, to trigger a specific belief revision process in the mind of such agent. However, so far formal models of belief revision widely neglected any systematic comparison with argumentation theories, to the point that even the simplest argumentation structures cannot be captured within such models. In this essay, we endeavour to bring together argumentation and belief revision in the same formal framework, (...) and to highlight the important role played by Toulmin’s layout of argument in fostering such integration. (shrink)

I discuss eight theses espoused or occasioned by Toulmin: The validity standard is nearly always the wrong standard for real-life reasoning. Little in good reasoning is topic neutral. The probability calculus distorts much probabilistic reasoning. Scant resources have a benign influence on human reasoning. Theoretical progress and conceptual change are connected. Logic should investigate the cognitive aspects of reasoning and arguing. Ideal models are unsuitable for normativity. The role of the Can Do Principle.

The claim that scientific explanation is deductive has been attacked on both systematic and historical grounds. This paper briefly defends the claim against the systematic attack. Essential to this defence is a distinction between perfect and imperfect explanation. This distinction is then used to illuminate the differences and similarities between Aristotelian (anthropomorphic) explanations of certain facts and those of classical mechanics. In particular, it is argued that when one attempts to fit classical mechanics into the Aristotelian framework the latter becomes (...) structurally incoherent. It is suggested that this, together with the fact that classical mechanics embodied the first piece of perfect knowledge, accounts, in part at least, for the historical fact of the rapid demise of the Aristotelian patterns as the new science developed. On the basis of this discussion, the inadequacies of the attack on the deductive model on historical grounds by Toulmin come to be seen. (shrink)

The claim that scientific explanation is deductive has been attacked on both systematic and historical grounds. This paper briefly defends the claim against the systematic attack. Essential to this defence is a distinction between perfect and imperfect explanation. This distinction is then used to illuminate the differences and similarities between Aristotelian (anthropomorphic) explanations of certain facts and those of classical mechanics. In particular, it is argued that when one attempts to fit classical mechanics into the Aristotelian framework the latter becomes (...) structurally incoherent. It is suggested that this, together with the fact that classical mechanics embodied the first piece of perfect knowledge, accounts, in part at least, for the historical fact of the rapid demise of the Aristotelian patterns as the new science developed. On the basis of this discussion, the inadequacies of the attack on the deductive model on historical grounds by Toulmin come to be seen. (shrink)

This thesis focuses on models of conceptual change in science and philosophy. In particular, I developed a new bootstrapping methodology for studying conceptual change, centered around the formalization of several popular models of conceptual change and the collective assessment of their improved formal versions via nine evaluative dimensions. Among the models of conceptual change treated in the thesis are Carnap’s explication, Lakatos’ concept-stretching, Toulmin’s conceptual populations, Waismann’s open texture, Mark Wilson’s patches and facades, Sneed’s structuralism, and Paul Thagard’s conceptual (...) revolutions. -/- In order to analyze and compare the conception of conceptual change provided by these different models, I rely on several historical reconstructions of episodes of scientific conceptual change. The historical episodes of scientific change that figure in this work include the emergence of the morphological concept of fish in biological taxonomies, the development of scientific conceptions of temperature, the Church-Turing thesis and related axiomatizations of effective calculability, the history of the concept of polyhedron in 17th and 18th century mathematics, Hamilton’s invention of the quaternions, the history of the pre-abstract group concepts in 18th and 19th century mathematics, the expansion of Newtonian mechanics to viscous fluids forces phenomena, and the chemical revolution. I will also present five different formal and informal improvements of four specific models of conceptual change. I will first present two different improvements of Carnapian explication, a formal and an informal one. My informal improvement of Carnapian explication will consist of a more fine-grained version of the procedure that adds an intermediate, third step to the two steps of Carnapian explication. I will show how this novel three-step version of explication is more suitable than its traditional two-step relative to handle complex cases of explications. My second, formal improvement of Carnapian explication will be a full explication of the concept of explication itself within the theory of conceptual spaces. By virtue of this formal improvement, the whole procedure of explication together with its application procedures and its pragmatic desiderata will be reconceptualized as a precise procedure involving topological and geometrical constraints inside the theory of conceptual spaces. My third improved model of conceptual change will consist of a formal explication of Darwinian models of conceptual change that will make vast use of Godfrey-Smith’s population-based Darwinism for targeting explicitly mathematical conceptual change. My fourth improvement will be dedicated instead to Wilson’s indeterminate model of conceptual change. I will show how Wilson’s very informal framework can be explicated within a modified version of the structuralist model-theoretic reconstructions of scientific theories. Finally, the fifth improved model of conceptual change will be a belief-revision-like logical framework that reconstructs Thagard’s model of conceptual revolution as specific revision and contraction operations that work on conceptual structures. -/- At the end of this work, a general conception of conceptual change in science and philosophy emerges, thanks to the combined action of the three layers of my methodology. This conception takes conceptual change to be a multi-faceted phenomenon centered around the dynamics of groups of concepts. According to this conception, concepts are best reconstructed as plastic and inter-subjective entities equipped with a non-trivial internal structure and subject to a certain degree of localized holism. Furthermore, conceptual dynamics can be judged from a weakly normative perspective, bound to be dependent on shared values and goals. Conceptual change is then best understood, according to this conception, as a ubiquitous phenomenon underlying all of our intellectual activities, from science to ordinary linguistic practices. As such, conceptual change does not pose any particular problem to value-laden notions of scientific progress, objectivity, and realism. At the same time, this conception prompts all our concept-driven intellectual activities, including philosophical and metaphilosophical reflections, to take into serious consideration the phenomenon of conceptual change. An important consequence of this conception, and of the analysis that generated it, is in fact that an adequate understanding of the dynamics of philosophical concepts is a prerequisite for analytic philosophy to develop a realistic and non-idealized depiction of itself and its activities. (shrink)

The paper discusses the role of systemic means of persuasion in argument evaluation. The core class of systemic means of persuasion is regress stoppers, whose fundamental function is to halt the infinite regress of justification by making claims, premises, or overall position expressed in a persuasive message more acceptable to a recipient. The paper explores how systemic means of persuasion contribute to the structure of arguments in the Toulmin model and serve as cues for heuristic processing of persuasive (...) messages. It also presents the results of the stylometric analysis and statistical data on the usage of systemic means of persuasion in three corpora which suggest that systemic means of persuasion constitute strategies independent of the strategy based on explicit argumentation marked by inference indicators. (shrink)

The paper discusses the role of systemic means of persuasion in argument evaluation. The core class of systemic means of persuasion is regress stoppers, whose fundamental function is to halt the infinite regress of justification by making claims, premises, or overall position expressed in a persuasive message more acceptable to a recipient. The paper explores how systemic means of persuasion contribute to the structure of arguments in the Toulmin model and serve as cues for heuristic processing of persuasive (...) messages. It also presents the results of the stylometric analysis and statistical data on the usage of systemic means of persuasion in three corpora which suggest that systemic means of persuasion constitute strategies independent of the strategy based on explicit argumentation marked by inference indicators. (shrink)

The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the (...) claim cannot be justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification 1 ; LJ 1 ); the other justifies its superiority over other eligible backings (legitimation justification 2 ; LJ 2 ). In this paper, we focus on LJ 1 and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ 1 refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ 2 and other subjustifications of LJ 1 will be discussed. (shrink)

Maps and mapping raise questions about models and modeling and in science. This chapter archives map discourse in the founding generation of philosophers of science (e.g., Rudolf Carnap, Nelson Goodman, Thomas Kuhn, and Stephen Toulmin) and in the subsequent generation (e.g., Philip Kitcher, Helen Longino, and Bas van Fraassen). In focusing on these two original framing generations of philosophy of science, I intend to remove us from the heat of contemporary discussions of abstraction, representation, and practice of science and (...) thereby see in a more distant and neutral light the many productive ways in which maps can stand in analytically for scientific theories and models. The chapter concludes by complementing the map analogy – i.e., a scientific theory is a map of the world – with a model analogy, viz., a scientific model is a vehicle for understanding. (shrink)

There is a vast literature on evidence-based practice in education. What function does evidence have in practical deliberations toward decisions about what to do? Most writers on EBP seem to think of evidence largely as quantitative data, serving as a foundation from which practice could and should be directly derived. In this paper I argue that we are better served by according a different and more indirect function to evidence in practical reasoning. To establish this claim I employ Toulmin’s (...) model of argumentation. On this model the evidence-as-foundation view amounts to evidence as data/grounds. The model also offers a different function for evidence, as backing of the warrant, and I argue in this paper that this is a more adequate understanding of the function of evidence in practical reasoning. (shrink)

Contemporary reasoning about health is infused with the work products of experts, and expert reasoning about health itself is an active site for invention and design. Building on Toulmin’s largely undeveloped ideas on field-dependence, we argue that expert fields can develop new inference rules that, together with the backing they require, become accepted ways of drawing and defending conclusions. The new inference rules themselves function as warrants, and we introduce the term “warranting device” to refer to an assembly of (...) the rule plus whatever material, procedural, and institutional resources are required to assure its dependability. We present a case study on the Cochrane Review, a new method for synthesizing evidence across large numbers of scientific studies. After reviewing the evolution and current structure of the device, we discuss the distinctive kinds of critical questions that may be raised around Cochrane Reviews, both within the expert field and beyond. Although Toulmin’s theory of field-dependence is often criticized for its relativism, we find that, as a matter of practical fact, field-specific warrants do not enjoy immunity from external critique. On the contrary, they can be opened to evaluation and critique from any interested perspective. (shrink)

Developing Instinctive Analytical Skills in Students Becoming a Critical Thinker: A User Friendly Manual trains students to distinguish high-quality, well-supported arguments from those with little or no evidence to support them. It develops the skills required to effectively evaluate the many claims facing them as citizens, learners, consumers, and human beings, and also to be effective advocates for their beliefs. Teaching and Learning Experience Personalize Learning - MyThinkingLabdelivers proven results in helping students succeed, provides engaging experiences that personalize learning, and (...) comes from a trusted partner with educational expertise and a deep commitment to helping students and instructors achieve their goals. Improve Critical Thinking - Coverage of persuasive speaking, decision-making, the Toulmin model of argumentation, and chapter-end writing and speaking exercisesall teach students to construct and present arguments so that they can gain skill and confidence. Engage Students - Becoming a Critical Thinker: A User Friendly Manual exposes students to a variety of contemporary and multicultural issues, engaging their understanding of analytical skills through the use of articles and varied examples. Support Instructors - Teaching your course just got easier! You can create a Customized Text or use our Instructor's Manual, Electronic “MyTest” Test Bank or PowerPoint Presentation Slides. PLUS, our new Instructor's Manual has been updated and expanded with revised tests and answer keys, a discussion of chapter exercises, and suggestions for teaching critical thinking concepts. Note: MyThinkingLab does no come automatically packaged with this text. To purchase MyThinkingLab, please visit www.MyThinkingLab.com or you can purchase a valuepack of the text + MyThinkingLab (VP ISBN-10: 0205176038, VO ISBN-13: 9780205176038). (shrink)

Denne artikkelen tar utgangspunkt i et skille mellom samfunnsstrukturer som avgrenser legers skjønnsmessige utfoldelse på den ene siden, og profesjonens tilrettelegging for kultiveringen av erkjennelsesmessige ferdigheter på den annen. Ved å videreføre H. Grimen og A. Molanders anvendelse av S.E. Toulmins modell for praktisk resonnering i en klinisk kontekst redegjør jeg for legeskjønnets multidimensjonale, epistemiske struktur. Gjennomgangen viser hvordan skjønnsanvendelse i legerollen kan analyseres i henhold til en fagteknisk, en distributiv og en relasjonell dimensjon. Mot denne bakgrunnen diskuterer jeg så (...) spenninger som oppstår i skjæringspunktet mellom strukturering og kultivering av skjønnets ulike dimensjoner. Diskusjonen tydeliggjør at den medisinske profesjonen ikke kan betraktes som en selvtilstrekkelig premissleverandør når det gjelder å sikre adekvat kultivering av medlemmenes skjønnsutøvelse i en klinisk kontekst. Ved å synliggjøre og vektlegge de relevante profesjonseksterne bidragene i profesjonens pågående selvregulering kan befolkningens berettigete tillit til profesjonen styrkes ytterligere.Nøkkelord: strukturelt skjønn, epistemisk skjønn, profesjon, selvregulering, tillitEnglish summary: In Between Structures of Society and Profession: On Delimitation, Cultivation and Premises for Adequately Exercising Judgment in the Role as PhysicianThe point of departure of this article is a distinction between societal structures that delimit the discretion of the physician on the one hand and the profession's arrangements for the cultivation of the physician's judgment on the other. By developing H. Grimen and A. Molander's application of S.E. Toulmin's model for practical reasoning in a clinical context, the multi-dimensional epistemic structure of the physician's judgment in terms of technical, distributive, and relational judgment is accounted for. Against this backdrop, tensions emerging in the intersection between delimitation and cultivation of professional judgment in its various dimensions are discussed. The discussion clarifies that the medical profession is not a self-sufficient provider when it comes to ensuring an adequate cultivation of its members' judgment in a clinical context. It is argued that by emphasising and implementing the relevant external contributions to the profession's ongoing self-regulation, the public's justified trust in the medical profession can be strengthened. (shrink)

James Tallmon has argued that my criticisms of Jonsen and Toulmin are ill founded. Tallmon argues that Jonsen and Toulmin argue for a method of rhetorical reasoning and not for a particular content. He argues that if one distinguishes the content and method of casuistry the Jonsen-Toulmin model can work. But Tallmon, like Jonsen and Toulmin, cannot escape the need for casuistry to have a content. Tallmon's response evidences that need since he assumes that there (...) is a ‘Medical Community’ which has a moral vision. Keywords: casuistry, content, Jonsen, method, rhetoric, Tallmon, Toulmin CiteULike Connotea Del.icio.us What's this? (shrink)

In this essay, Weinstein wants to address the issue of argument strength, of how strongly the premises of an argument support a conclusion. Using the framework of the Toulmin model, arguments have warrants which indicate some general connection between the premises and the conclusion of the argument. We may ask for the backing of the warrant, evidence for it. If the connection is an empirical generalization, the backing includes data supporting the generalization. But the backing may include theoretical (...) generalizations, which may explain the warrant. Furthermore, theories may be reduced by more comprehensive theories. A warrant then may ultimately be backed by some deep and very comprehensive theoretical explanation.Weinstein seeks to explicate the relation between the depth of backing for the warrant and the strength of the connection between premises and conclusion which the warrant indicates through the Model of Emerging Truth . Data relevant to confirming the theory have empir .. (shrink)

Taking a cue from remarks Thomas Kuhn makes in 1990 about the historical turn in philosophy of science, I examine the history of history and philosophy of science within parts of the British philosophical context in the 1950s and early 1960s. During this time, ordinary language philosophy's influence was at its peak. I argue that the ordinary language philosophers' methodological recommendation to analyze actual linguistic practice influences several prominent criticisms of the deductive-nomological model of scientific explanation and that these (...) criticisms relate to the historical turn in philosophy of science. To show these connections, I primarily examine the work of Stephen Toulmin, who taught at Oxford from 1949 to 1954, and Michael Scriven, who completed a dissertation on explanation under Gilbert Ryle and R.B. Braithwaite in 1956. I also consider Mary Hesse's appeal to an ordinary language-influenced account of meaning in her account of the role of models and analogies in scientific reasoning, and W.H. Watson's Wittgensteinian philosophy of science, an early influence on Toulmin. I think there are two upshots to my historical sketch. First, it fills out details of the move away from logical positivism to more historical- and practice-focused philosophies of science. Second, questions about linguistic meaning and the proper targets and aims of philosophical analysis are part and parcel of the historical turn, as well as its reception. Looking at the philosophical background during which so-called linguistic philosophers also had a hand in bringing these questions to prominence helps us understand why. (shrink)

Reading-to-write is an essential skill in academic writing, and reading-writing tasks have been widely adopted in standardized English tests. Much more recent literature on integrated reading-writing tasks has focused on writers’ use of source texts or the validity of integrated writing assessment, while little is known about whether the nature of the types of reading texts has any bearing on integrated reading-writing tasks. This study examines whether the types of reading texts (i.e., similar views or opposing views on a debatable (...) issue) have any influence on second language (L2) students’ argumentative writing in terms of the use of argument elements and its overall quality. Fifty-four Chinese second-year university students majoring in English language teaching were asked to write an argumentative essay after reading texts with either similar views or opposing views. Results show that students reading texts with opposing viewpoints presented more data and higher overall quality of argumentative essays than students reading texts with similar viewpoints, although the latter group presented more counterargument data. Pedagogical implications on teaching argumentative writing are discussed. (shrink)

In this paper, we want to explore the connection between premises' being acceptable and their being in some sense justified. The equivalence of premise acceptability and justification seems intuitively correct. But to argue for such a connection, we need to analyze the concepts of acceptability and justification. Such an analysis also seems necessary if this equivalence is to advance our understanding of premise acceptability. Following L. J. Cohen, we may say S believes that p when S is disposed to feel (...) it true that p, while S accepts that p when S takes that p as a premise for further deliberation or action. Reasons for belief are reasons for acceptance, and epistemological (as opposed to pragmatic) reasons for acceptance are reason for belief. Following William P. Alston, we may explicate being a justifying reason for belief through the notion of an adequate ground on which the belief is based. In turn, adequacy of ground means that the mechanism grounding the belief is reliable. Given these notions, we may define a concept of justification in terms of presumptive adequacy. (shrink)

Except in very poor mathematical contexts, mathematical arguments do not stand in isolation of other mathematical arguments. Rather, they form trains of formal and informal arguments, adding up to interconnected theorems, theories and eventually entire fields. This paper critically comments on some common views on the relation between formal and informal mathematical arguments, most particularly applications of Toulmin’s argumentation model, and launches a number of alternative ideas of presentation inviting the contextualization of pieces of mathematical reasoning within encompassing (...) bodies of explicit and implicit, formal and informal background knowledge. (shrink)

The paper considers the role of modality in the rational reconstruction of standpoints and arguments. The paper examines in what conditions modal markers can act as argumentative indicators and what kind of cues they provide for the reconstruction of argument. The paper critically re-examines Toulmin’s hypothesis that the meaning of the modals can be analyzed in terms of a field-invariant argumentative force and field-dependent criteria in the light of the Theory of Relative Modality developed within linguistic semantics, showing how (...) this theory can provide a more adequate model for exploiting the modals as indicators. The resulting picture confirms Toulmin’s intuition only in part: on the one hand the modals are always relational in nature and dependent on a contextual conversational background of propositions; on the other hand only epistemic-doxastic modals directly express a speech-act level inferential relation between a set of premises and a standpoint. Other modalities express relations (e.g. causal or final relations) better seen as part of the content of the argument whose argumentative relevance depends on the argumentation scheme employed. Thus non-epistemic modals function as argumentative indicators only indirectly. (shrink)