"Walton makes a significant contribution to the understanding of
legal argumentation and to the concept of relevance in evidence
law. He goes beyond formal logic and adds an analysis of abduction
and plausible inference to fill gaps in what a deductive system
can accomplish. The resulting theory provides an important insight
into the relationships among the steps of a legal argument. The
dialogue structure on which it is based should prove to be of great
value in understanding strategy, either for the advocate, the evaluator
of evidence, or the student of the legal process."-Kevin Saunders,
University of Oklahoma Law School
"Legal Argumentation and Evidence is an original and important
contribution not only to legal reasoning but also to the development
of argumentation theory, critical thinking, and reasoning in general.
It will be of interest to legal scholars but also to argumentation
and reasoning theorists who want to keep abreast of the most recent
developments in the field."-Hans V. Hansen, University of Windsor
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.