The purpose of the article is, firstly, to explicate and give a critical assessment of the methodological, epistemological, and philosophical foundations that led to the “rhetorical turn” in modern philosophy, and, secondly, to answer the question of how justified the grounds for such a “rhetorical turn” are. The answer proposed is based on a reconstruction of Eugene Dupréel’s critical arguments that were directed against the “classical philosophy” and their reception in Chaim Perelman’s works during his “turning point” period (1947 – (...) 1949). The article proves that these two scholars’ critique of classical philosophy proceeds from a realistic position, therefore it does not apply to the epistemological principles of idealistic philosophy. Their criticism of the classical theory of progress and the ideal of universally valid knowledge is “axiological” in nature and boils down to a reassessment of all traditional values. As a result of this reassessment, the methodological principles of sophistry (subjectivism, pragmatism, pluralism, relativism, conventionalism, etc.) are actually rehabilitated. The criticism of philosophy that appeals to spoken language and everyday knowledge, is not justified, since it is based on a misunderstanding of the conceptual and constructive nature of the philosophical language. Although the rhetorical analysis of philosophical texts should be recognized as fruitful and useful, rhetoric cannot be an instrument of philosophizing, since the interpretation of values depends on their understanding, which is given by “classical philosophy”. (shrink)

Central to Perelman and Olbrechts-Tyteca’s philosophical revival of rhetoric and dialectic is the importance given to the temporal character of argumentation. Unlike demonstration, situated within the “empty time” of a single instant, the authors of The New Rhetoric understand argumentation as an action that unfolds within the “full time” of meaningful human life. By taking a broader view of his work beyond The New Rhetoric, I first outline Perelman’s understanding of time and temporality and the challenge that it poses for (...) the study of argumentation. Next, I emphasize the distinction between argumentation’s internal and external temporal structures, and then show how Perelman problematizes a static view of a number of basic argumentative concepts by bringing out their essentially temporal character. Finally, in clarifying what is at stake in Perelman’s account, I conclude by drawing attention to a number of issues in contemporary argumentation studies that may benefit from a reconsideration of Perelman’s analysis of time. (shrink)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 39.1 (2006) 45-71 [Access article in PDF] Presencing "Communion" in Chaïm Perelman's New Rhetoric Richard Graff Wendy Winn Department of RhetoricUniversity of MinnesotaOver the second half of his long and distinguished career, Chaïm Perelman reiterated the central themes of his theory of rhetoric many times. As the audience for his work expanded, Perelman was repeatedly invited to summarize the principles presented in La nouvelle rhétorique, his (...) magnum opus authored in collaboration with Lucie Olbrechts-Tyteca, which appeared in 1958. On these occasions, he would often attempt to clarify or refine the major concepts presented in that treatise. Nevertheless, even today many aspects of Perelman's work remain enigmatic. In outline, The New Rhetoric itself conveys a sense of structural and theoretical clarity, but for many readers this first impression evaporates when they confront the complexity and detail of the work's exposition. In the preface to their new study of Perelman, Alan Gross and Ray Dearin observe:The New Rhetoric is difficult to read, a task made even more difficult for American audiences because virtually all its examples and illustrations are from a literature in a foreign language.... Moreover, Perelman's later attempts to achieve clarity, in The Realm of Rhetoric, and numerous shorter articles, are equally puzzling. Consequently, some of Perelman's best ideas are virtually buried in a very long work, and therefore largely lost even to the most careful readers. In addition, on such central issues as the relationship between rhetoric and philosophy Perelman remains maddeningly obscure. (2003, ix) While Perelman's status as a pioneering figure in the rejuvenation of rhetorical study in Continental Europe is secure, as is his placement among the canonical twentieth-century theorists by American scholars, such difficulties constitute an impediment to contemporary understanding and future appreciation of his achievement; and the sprawling character of The New Rhetoric certainly has not helped to counteract the less [End Page 45] sympathetic reception his work has received in some corners of rhetorical and argumentation studies.1Gross and Dearin's volume joins several other recent studies that have contributed to the untangling of Perelman's thought and to the profitable application of his ideas.2 Still, some of Perelman's "best ideas" remain buried and sorely in need of excavation. Chief among these are considerations prompted by Perelman's use of the evocative yet mysterious term "communion." Although communion appears repeatedly among the panoply of concepts and argumentative techniques described in The New Rhetoric, explicit discussion of it there is brief and scattered, and the subject receives only glancing mention in Perelman's subsequent publications. In turn, communion has been all but ignored in the scholarship responding to or extending Perelman's work.3 This is even the case in studies where one would expect to see more serious engagement with Perelman's ideas on the subject—notably, in those that consider the status of values in argumentation and the role of rhetoric in the constitution and maintenance of community.4In this essay, we offer a detailed analysis of Perelman's conception of communion and, in the course of endowing the concept with greater "presence," aim to show its rich implications for these areas of inquiry. We argue that the idea of communion is a vital, if understated, component of Perelman's proposed "new rhetoric." Like other aspects of Perelman's theory, however, it is an expansive and somewhat slippery notion. In The New Rhetoric, communion is used in a very general sense as the term denoting a community's agreement on questions of value, but also, more narrowly, as an objective sought in certain forms of discourse and as an effect of specific linguistic-stylistic devices. The exegesis needed to indicate the subtle links between these senses will enable us to describe the manner in which Perelman endeavored to integrate the technical lore inherited from the classical tradition of rhetoric with a broadly social and determinedly pluralisticconception of argumentation.We begin by examining communion in relation to Perelman and Olbrechts-Tyteca's ideas... (shrink)

ABSTRACT This essay tells the story of Perelman and Olbrechts-Tyteca's “dissociation of concepts,” which they introduced in 1958 and is in use as a tool of criticism by many rhetorical critics. The story begins in England with John Locke's development of associative reasoning in 1770 and then moves to France, with Remy de Gourmont extending associative reasoning with the concept of dissociation in 1899. Gourmont's dissociation crosses the Atlantic and is then developed by Kenneth Burke in 1931. In turn, Perelman (...) and Olbrechts-Tyteca absorbed and expanded Locke, Gourmont, and Burke's theories of association and dissociation in 1958. They crafted a tool, the dissociation of concepts, that equips rhetorical reasoning with the capacity to navigate between the promise and perils of fission and fusion. Since 1958, many scholars have made productive use of Perelman and Olbrechts-Tyteca's innovation. The essay concludes with some possible futures for their dissociation of concepts. (shrink)

"The last third of the twentieth century," Gerard Hauser writes, was marked by "a flurry of intellectual work aimed at theorizing rhetoric in new terms" (2001, 1). The year 1958 was key in this flurry, with five major works appearing on a rhetorically inflected philosophy and theory of argumentation: Hannah Arendt's The Human Condition (on the relationship between the vita contemplativa and vita activa); Michael Polanyi's Personal Knowledge (on the role of tacit knowledge, emotion, and commitment in science); Stephen Toulmin's (...) Uses of Argument (on the use of argument in nonformal contexts); Walter Ong's Ramus, Method, and the Decay of Dialogue: From the Art of Discourse to the Art of Reason (on the history of the .. (shrink)