Some conspicuous characteristics of argumentation as we all know this phenomenon from our shared everyday experiences are in my view vital to its theoretical treatment because they should have methodological consequences for the way in which argumentation research is conducted. To start with, argumentation is in the first place a communicative act complex, which is realized by making functional verbal communicative moves.

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

In modern argument theory argumentative practice is often analyzed and evaluated in terms of its correspondences with or deviations from a normative model. Such a methodology implies that there are three moments at which evaluations takes place which are not guided by the norms of the model itself because they imply an interpretation of the model by the analyst. This is demonstrated by an analogy with legal practice. this implies that an evaluation of an argumentative practice is not only relative (...) to choice of the normative model as such, but also relative to the threefold interpretation of the model. (shrink)

semantic minimalism and moderte contextualism.

To illustrate the development of argumentation theory, the paper traces the journey of the pragma-dialectical theory as it widened its scope, step by step, from an abstract model of critical discussion to the complexities of actual argumentative discourse. It describes how, having contextualized, empiricalized and formalized their approach, pragma-dialecticians are now putting the theory’s analytical instruments to good use in identifying prototypical argumentative patterns in specific communicative activity types in the various communicative domains. This means that they can now start (...) answering the crucial question about the typical characteristics of their discourse asked by interested lawyers, politicians, academics and other practitioners of argumentation. (shrink)

In this paper, the author describes a dialogical approach tolegal argumentation from the perspective of argumentationtheory. In a pragma-dialectical approach of legalargumentation, the argumentation is considered to be part of acritical discussion aimed at the rational resolution of thedispute. The author describes how a pragma-dialecticalanalysis and evaluation of legal argumentation can be carriedout.

According to the pragma-dialectical approach to argumentation, for analysing argumentative discourse, a normative reconstruction is required which encompasses four kinds of transformations. It is explained in this paper how speech act conditions can play a part in carrying out such a reconstruction. It is argued that integrating Searlean insights concerning speech acts with Gricean insights concerning conversational maxims can provide us with the necessary tools. For this, the standard theory of speech acts has to be amended in several respects and (...) the conversational maxims have to be translated into speech act conditions. Making use of the rules for communication thus arrived at, and starting from the distribution of speech acts in a critical discussion as specified in the pragma-dialectical model, it is then demonstrated how indirect speech acts are to be transformed when reconstructing argumentative discourse. (shrink)