Relevance

Relevance is a triadic relation between an item, an outcome or goal, and a situation. Causal relevance consists in an item's ability to help produce an outcome in a situation. Epistemic relevance, a distinct concept, consists in the ability of a piece of information (or a speech act communicating or requesting a piece of information) to help achieve an epistemic goal in a situation. It has this ability when it can be ineliminably combined with other at least potentially accurate information to achieve the goal. The relevance of a conversational contribution, premiss relevance and conclusion relevance are species of epistemic relevance thus defined. The conception of premiss relevance which results provides a basis for determining when the various arguments ad called fallacies of relevance are indeed irrelevant. In particular, an ad verecundiam appeal is irrelevant if the authority cited lacks expertise in a cognitive domain to which the conclusion belongs, the authority does not exercise its expertise in coming to endorse the conclusion, or the conclusion does not belong to a cognitive domain; otherwise the ad verecundiam is relevant.     

Classical rhetorical topics and contemporary historical discourse

This paper suggests a specific contribution of contemporary history and philosophy of science to the theory of history. The pragmatic in the technical sense of analysis of use and user aspects of scientific discourse, and the pragmatist, in the sense of a focus on utility as canon, dimensions of modern philosophy of science illumine the structure of historical inquiry. Simply put, the structure of writing produced by the historical discipline is argumentative. Further, the nature of the historical argumentative strategies is best described by reference to classical rhetorical, to topical modes of argument.     

Discrimination of multidimensional geometrical figures by chickens: categorization and pattern-learning

Japanese bantam hens were trained to discriminate between geometrical figures varying along four integral dimensions. Only one dimension predicted food: selections of sharp-cornered figures were reinforced, while selections of rounded figures were not. In experiment 1, hens were subsequently trained to discriminate between nine figure pairs in a simultaneous discrimination task. Because single pairs contained multiple redundant cues, whereas the relevant dimension was obvious only across stimulus pairs, the results revealed effects of both generalization and reversal learning. Accordingly, learning speed was enhanced for later discriminations. Experiment 2 tested the hens’ transfer performance to unknown pairs, following experience of 9 or 18 figure pairs. Four of seven hens showed reliable transfer after experience with 9 figures, but only three showed transfer after experience with 18 figures, indicating lower transfer with higher number of stimulus pairs learned. In experiment 3, hens were trained to discriminate 27 figure pairs. Discrimination ratios further decreased and the groups of pairs differed significantly in their ratios of discrimination. Individual hens’ pecking behaviour was analysed in relation to each dimension of single figures and in relation to relative differences in the levels of dimensions between paired figures. Hens were shown to be oriented towards irrelevant information and more towards relational and configurational than elemental and dimensional aspects. The results are discussed in the biological context of individual recognition in chickens’ dominance hierarchies, in which we suppose that chickens identify individual flock mates by representation of their visual pattern rather than by single characteristics. Received: 18 September 1998 / Accepted after revision: 23 December 1998     

Brightness contrast: a reinterpretation of compound cue and combined cue experiments with pigeons.

A group of three pigeons was trained on a 4-ply multiple schedule: a green color and a vertical line superimposed upon an achromatic background as positive stimuli, and a red color and a horizontal line on an achromatic background as negative stimuli. The pigeons were tested with the vertical line superimposed upon different achromatic background intensities, then with the vertical line superimposed upon different green background intensities, and finally with the vertical line and its training achromatic backgfound attenuated (and unattenuated) by a neutral density filter. The gradients peaked at the luminance of the achromatic background used during training and at the equivalent luminance for the green background when it was substituted for the achromatic background. The brightness contrast, not the background luminance, was the critical variable as the neutral density filter attenuated both the line and the background equally, leaving brightness contrast unchanged; there was no response decrement to this attenuated stimulus. Two other groups of three pigeons showed that they attended to line orientation as well as to brightness contrast. The brightness contrast hypothesis was extended to explain results of attention experiments and combined cue experiments which have used line stimuli in combinations with different backgrounds.     

A Survey of 25 Years of Research on Legal Argumentation

This essay discusses the developments and trends of research in legalargumentation of the last 25 years. The essay starts with a survey of thevarious approaches which can be distinguished: the logical approach, therhetorical approach, and the dialogical approach. Then it identifies varioustopics in the research, which constitute the various components of aresearch programme of legal argumentation: the philosophical component, thetheoretical component, the reconstruction component, the empiricalcomponent, and the practical component. It concludes with a discussion ofthe main trends in the research of the last 25 years.     

The Pragma-Dialectical Analysis and Evaluation of Teleological Argumentation in a Legal Context

In this article the author develops a framework for a pragma-dialectical reconstruction of teleological argumentation in a legal context. Ideas taken from legal theory are integrated in a pragma-dialectical model for analyzing and evaluating argumentation, thus providing a more systematic and elaborate framework for assessing the quality of teleological arguments in a legal context. Teleological argumentation in a legal context is approached as a specific form of pragmatic argumentation. The legal criteria that are relevant for the evaluation of teleological argumentation are discussed and translated in terms of critical questions that are relevant for the evaluation of the various forms of teleological argumentation.

Formal aspects of Legal reasoning

This paper discusses the functions of deductive justification in ideal reconstructions of judicial reasoning. It departs from the point of judicial reasoning: explaining and justifying the judicial decision. It argues that deductive validity is not enough for good judicial argument. On the other hand, deductive justification is necessary, not only for easy cases but for hard cases as well. It draws some consequences for the concept of jumps in legal reasoning and for the traditional distinction between internal and external justification.     

Argument and alternative dispute resolution systems

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (renta-judge), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.     

Exact distributions of intraclass correlation and Cronbach's alpha with Gaussian data and general covariance

Intraclass correlation and Cronbach's alpha are widely used to describe reliability of tests and measurements. Even with Gaussian data, exact distributions are known only for compound symmetric covariance (equal variances and equal correlations). Recently, large sample Gaussian approximations were derived for the distribution functions. New exact results allow calculating the exact distribution function and other properties of intraclass correlation and Cronbach's alpha, for Gaussian data with any covariance pattern, not just compound symmetry. Probabilities are computed in terms of the distribution function of a weighted sum of independent chi-square random variables. NewF approximations for the distribution functions of intraclass correlation and Cronbach's alpha are much simpler and faster to compute than the exact forms. Assuming the covariance matrix is known, the approximations typically provide sufficient accuracy, even with as few as ten observations. Either the exact or approximate distributions may be used to create confidence intervals around an estimate of reliability. Monte Carlo simulations led to a number of conclusions. Correctly assuming that the covariance matrix is compound symmetric leads to accurate confidence intervals, as was expected from previously known results. However, assuming and estimating a general covariance matrix produces somewhat optimistically narrow confidence intervals with 10 observations. Increasing sample size to 100 gives essentially unbiased coverage. Incorrectly assuming compound symmetry leads to pessimistically large confidence intervals, with pessimism increasing with sample size. In contrast, incorrectly assuming general covariance introduces only a modest optimistic bias in small samples. Hence the new methods seem preferable for creating confidence intervals, except when compound symmetry definitely holds. An earlier version of this paper was submitted in partial fulfillment of the requirements for the M.S. in Biostatistics, and also summarized in a presentation at the meetings of the Eastern North American Region of the International Biometric Society in March, 2001. Kistner's work was supported in part by NIEHS training grant ES07018-24 and NCI program project grant P01 CA47 982-04. She gratefully acknowledges the inspiration of A. Calandra's “Scoring formulas and probability considerations” (Psychometrika, 6, 1–9). Muller's work supported in part by NCI program project grant P01 CA47 982-04.     

A Pragma-Dialectical Approach of the Analysis and Evaluation of Pragmatic Argumentation in a Legal Context

This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and evaluation of pragmatic argumentation in a decision of the Dutch Supreme Court.