Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 220 Seiten: 19-40.

Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 220 Seiten: 41-67.

This paper discusses the fundamental sense in which the components of an argument should be relevant to the intended audience. In particular, the evidence advanced should be relevant to the facts and assumptions that are manifest in the cognitive environment of the audience. A version of Sperber and Wilson's concept of the cognitive environment is applied to argumentative concerns, and from this certain features of audience-relevance are explored: that the relevance of a premise can vary with the audience; that irrelevant (...) premises can be made relevant; that evidence can be relevant by degrees; and that this notion of relevance will assist the argumentation analyst in the identification and assessment of hidden premises. (shrink)

Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...) are used to show that an equivalent present decision would also be justified. Both arguments are a type of argument by analogy. They differ in their structures and conditions of cogency, even though they often look the same in presentation. Their similar appearance poses a risk of miss-evaluation and fallacious use. Therefore a clearly theorized distinction is important. (shrink)

ABSTRACT Pharmacogenetics is a rapidly expanding area of research exploring the relationship between inter‐individual genetic variation and drug response, with the goal of developing genetically optimised therapies. Slippery slope arguments claim that a particular action should be rejected (or supported) because it might be the first step onto a slippery slope leading to undesirable (or desirable) consequences. In this article, several slippery slope arguments relevant to the context of pharmacogenetics are evaluated under consideration of underlying reasons for their popularity. The (...) author concludes that although the examined arguments are unconvincing as slippery slope arguments, they do matter in this context. While positive slippery slope arguments serve as a driving force to fuel the development of pharmacogenetics, their negative counterparts play an important role to sensitise policy makers and the public to potential problems. (shrink)

Even with the lack of consensus on the nature of an argument, the thesis that explanations and arguments are distinct is near orthodoxy in well-known critical thinking texts and in the more advanced argumentation literature. In this paper, I reconstruct two rationales for distinguishing arguments from explanations. According to one, arguments and explanations are essentially different things because they have different structures. According to the other, while some explanations and arguments may have the same structure, they are different things because (...) explanations are used for different purposes than arguments. I argue that both rationales fail to motivate a distinction between arguments and explanations. Since these are the only rationales for distinguishing arguments from explanations that I am prepared to take seriously, I don’t see why we should exclude explanations from being arguments. (shrink)

In their book Commitment in Dialogue, Walton and Krabbe claim that formal dialogue systems for conversational argumentation are “not very realistic and not easy to apply”. This difficulty may make argumentation theory less well adapted to be employed to describe or analyse actual argumentation practice. On the other hand, the empirical study of real-life arguments may miss or ignore insights of more than the two millennia of the development of philosophy of language, rhetoric, and argumentation theory. In this paper, we (...) propose a novel methodology for adapting such theories to serve as applicable tools in the study of argumentation phenomena. Our approach is both theoretically-informed and empirically-grounded in large-scale corpus analysis. The area of interest are appeals to ethos, the character of the speaker, building upon Aristotle’s rhetoric. Ethotic techniques are used to influence the hearers through the communication, where speakers might establish, but also emphasise, weaken or undermine their own or others’ credibility and trustworthiness. Specifically, we apply our method to Aristotelian theory of ethos elements which identifies practical wisdom, moral virtue and goodwill as components of speakers’ character, which can be supported or attacked. The challenges we identified in this case and the solutions we proposed allow us to formulate general guidelines of how to exploit rich theoretical frameworks to the analysis of the practice of language use. (shrink)

This paper is an exercise in intellectual history, an attempt to understand how a specific term—”informal logic”— came to be interpreted in so many different ways. I trace the emergence and development of “informal logic” to help explain the many different meanings, how they emerged and how they are related. This paper is also, to some degree, an account of a movement that developed outside the mainstream of philosophy, whose origins lie in a desire to make logic useful (echoing Dewey).

Used informally, the Reductio ad Absurdum (RAA) consists in reasoning appealing to the logically implied, absurd consequences of a hypothetical proposition, in order to refute it. This kind of reasoning resembles the Argument from Consequences, which appeals to causally induced consequences. These types of argument are sometimes confused, since it is not worked out how these different kinds of consequences should be distinguished. In this article it is argued that the logical consequences in RAA-argumentation can take different appearances and that (...) it therefore must be concluded that RAA cannot be characterised by a specific content, but must instead be characterised as an argument form. Furthermore, clues are provided to distinguish RAA reasoning from the Argument from Consequences. (shrink)

We all seem to have a sense of what good and bad arguments are, and there is a long history—focusing on fallacies—of trying to provide objective standards that would allow a clear separation of good and bad arguments. This contribution discusses the limits of attempts to determine the quality of arguments. It begins with defining bad arguments as those that deviate from an established standard of good arguments. Since there are different conceptualizations of “argument”—as controversy, as debate, and as justification—and (...) since arguments in each of these senses can be used for different purposes, a first problem is that we would need a large variety of standards for “good” arguments. After this, the contribution focuses in particular on proposals made in the literature on how to assess the quality of arguments in the sense of justification. It distinguishes three problems of assessment: How to determine whether reasons are acceptable, whether reasons are sufficient to justify the conclusion, and how to identify arguments in real-world speech acts and texts? It is argued that limitations of argument assessment result from unavoidable relativism: The assessment of many—if not most—arguments depends on the epistemic situation of the evaluator. (shrink)

In this paper, a survey is presented of the main approaches to the structure of argumentation. The paper starts with a historical overview of the distinctions between various types of argument structure. Next, the main definitions given in the various approaches are discussed as well as the methods that are proposed to deal with doubtful cases.

: In “What is a ‘Real’ Argument?” Geoff Goddu (2009) suggests and rejects four candidates for what a real argument is, concluding that argumentation theorists should abandon the idea that there is a theoretically significant sub-class of arguments that should be called real. In this paper, I argue against Goddu’s conclusion, finding that real arguments are arguments that are used or that have prospective use in the practice of thinking about matters that call for reasonable and reflective judgment concerning what (...) to believe or do. What makes these arguments theoretically distinct from arguments in general is that they are used or that they may be used in the pragmatic endeavor of attempting to establish good reasons for beliefs and actions. Real arguments are therefore the arguments that should be treated in a course that aims to improve the skills of argumentation that students might use outside of the classroom in real-life. (shrink)

Over the past 60 years there have been tremendous advances made in Argumentation Theory. One crucial advance has been the move from the investigation of static arguments to a concern with dialogic interactions in concrete contexts. This focus has entailed a slow shift toward involving both non-logical and non-discursive elements in the analysis of an argument. I argue that the traditional attitude Informal Logic has displayed toward emotion can be and ought be moderated. In particular, I examine the role of (...) emotion in everyday argumentation, and how Informal Logic can encompass it alongside the more traditional logical mode of communication. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

Ethotic arguments, such as arguments from expert opinion and ad hominem arguments, play an important role in communication practice. In this paper, we argue that there is another type of reasoning from ethos, in which people argue about actions in the world. These subspecies of ethotic arguments are very common in public debates: societies are involved in heated disputes about what should be done with monuments of historical figures such as Stalin or Colston: Should we demolish the building they funded? (...) Should we revere their statues? Should the street named after them be renamed?; and the general public vividly argue about what should be done with the legacy of producers, directors and actors in debates of the #MeToo movement: Should their new movies be distributed? Should their scenes be deleted from motion pictures? Should their stars from the Hollywood Walk of Fame be removed? Many arguments in these debates boil down to the character of the public figures: He was a slave trader!—But he is a part of our history; He harassed a young girl!—But he is an important actor. The reasoning step here is legitimised by the association between a person and an extra-linguistic object: the association between a historical figure and their statue or between an actor and their movie. The nature of this association is explained in the paper using Peirce’s theory of signs. We propose to extend an existing approach to patterns of reasoning from ethos that will help us to shed new light on ethotic argumentation and open an avenue for a systematic account of these unexplored argument forms. (shrink)

Argumentation logicians have recognized a specter of relativism to haunt their philosophy of argument. However, their attempts to dispel pernicious relativism by invoking notions of a universal audience or a community of model interlocutors have not been entirely successful. In fact, their various discussions of a universal audience invoke the context-eschewing formalism of Kant’s categorical imperative. Moreover, they embrace the Kantian method for resolving the antinomies that continually vacillates between opposing extremes – here between a transcendent universal audience and a (...) context-embedded particular audience. This tack ironically restores the very external mediation they thought to obviate in their aim to ‘dethrone’ the absolutism and totalitarianism of formal logic with a democratic turn to audience adherence, the acceptability of premises and inferential links, and a contextual, or participant-relative, notion of cogency. (shrink)

In this overview article, we first explain what we take informal logic to be, discussing misconceptions and distinguishing our conception of it from competing ones; second, we briefly catalogue recent informal logic research, under 14 headings; third, we suggest four broad areas of problems and questions for future research; fourth, we describe current scholarly resources for informal logic; fifth, we discuss three implications of informal logic for philosophy in particular, and take note ofpractical consequences of a more general sort.

This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and formalization, offers descriptions of the analytical and evaluative tools of informal logic, and highlights selected principles that argumentation theorists do and do not agree upon. In turn, the section on (...) linguistic approaches to argumentation focuses on the problem of distinguishing between explanation and argument, while also elaborating on the role of verbal indicators of argument schemes. All essays included in this volume point out notable recent developments in the study of argumentation. (shrink)

We are pleased to release this edition of Ralph Johnson’s The Rise of Informal Logic as Volume 2 in the series Windsor Studies in Argumentation. This edition is a reprint of the previous Vale Press edition with some typographical errors and other minor mistakes corrected. The prime motive for gathering Ralph H. Johnson’s essays under one cover is their clear articulation of the goals, concerns and problems of the discipline of informal logic. To my knowledge all of the published articles, (...) even of the 1980s, are still in print. But some are obtainable only by special request of a journal back issue. Their availability, even their existence, is not nearly widely enough known, and this volume is dedicated to remedying that disservice to those currently working in the field of informal logic, critical thinking, argumentation, and practical reasoning. Three of these sixteen pieces appear here in print for the first time. The previously published pieces have appeared from 1980 to 1992 as chapters in collective works or as articles in journals, and these in turn published in Canada, USA, The Netherlands and Belgium. It is hoped that gathering this hitherto scattered material under one cover will contribute to a greater understanding of what informal logic is, and to an enhanced sense of the impact of Johnson’s ideas. A discipline of informal logic might exist today without the writings of Johnson and his frequent co-author, J. Anthony Blair. But it would almost certainly be quite different from what it actually is. (shrink)

Informal logic is an attempt to develop a logic that can assess and analyze the arguments that occur in natural language discourse. Discussions in the field may address instances of scientific, legal, and other technical forms of reasoning, but the overriding aim has been a comprehensive account of argument that can explain and evaluate the arguments found in discussion, debate and disagreement as they manifest themselves in daily life — in social and political commentary; in news reports and editorials in (...) the mass media ; in advertising and corporate and governmental communications; and in personal exchange. (shrink)

Woods and Walton deserve credit for including a discussion of “economic reasoning” and its susceptibility to the “fallacy of composition.” Unfortunately, they did not sufficiently pursue the topic, and argumentation scholars have apparently ignored their pioneering effort. Yet, obviously, economic argumentation is extremely important, and economists constantly harp on this fallacy. This paper calls attention to this problem, elaborating my own approach, which is empirical, historical, and meta-argumentational.

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

An essential step to evaluating arguments is moving from the weight of individual premises to the weight of the conclusion. In order to perform this step, one must understand the relationship between the premises in the argument. In the past, analyzing premise relations in informal logic has been limited primarily to the linked-convergent distinction. This distinction has failed to resolve some of the basic problems in finding a definition because it has underestimated the degree to which premises interact with each (...) other in some complicated way. Embracing concepts from holistic epistemology, I argue that evaluating a premise involves considering a wide set of presuppositions and implications that that premise, if accepted, carries. I call this wide set the premise/world. The relationship between premises is then essentially just the relationship between these two premise/worlds. (shrink)

This paper examines whether philosophers of argument, in spite of their disavowing ‘timeless principles’, nevertheless embrace a set of principles, or axioms, to underlie argumentation theory. First, it reviews the thinking of some prominent philosophers of argument; second, it extracts some principles common to their philosophies; and third, it draws out possible consequences for argumentation theory and asks whether such theory has an underlying political posture.

In a recent paper, Groarke proposes a view of emotional arguments that seems too narrow. While his notion of pathos and emotional arguments may aid in the development of normative analysis, it is not sufficient in addressing all emotional arguments and is guilty of strictly adhering to the tradition’s conception of emotion’s place in argumentation. I suggest an alternative evaluation of emotional arguments - relying on Walton’s dialogue types and goals as its foundation.

The issue I address in this paper is the age-old problem of the relationship between logic and rhetoric. More specifically, I ask the question, how do logic and rhetoric differ in their approaches to the study of argumentation? What makes this question timely are the changes that logic has undergone in the last 25 years. In this paper, I develop the idea that an argument is the central event in what I call argumentative space. I present a conception of argumentative (...) space as a subspace within rational space and seek to provide a rough characterization of the main features of argumentative space as understood, on the one hand, by informal logic and, on the other hand, by rhetoric. (shrink)

I argue that a basic similarity analysis of analogical reasoning handles many apparent cases of visual analogy. I consider how the visual and verbal elements interact in analogical cases. Finally, I offer two analyses of visual elements. One analysis is evidential. The visual elements are evidence for their ver-bal counterparts. One is non-evidential: the visual elements link to verbal elements without providing evi-dence for those elements. The result is to make more room for the logical analysis of visual argumentation.

Recent work on multimodal argumentation has explored facets of argumentation which have no obvious analogue in the written arguments which were emphasized in traditional accounts of argument. One of these facets is prosody: the structure and quality of the sound of spoken language. Prosodic features include pitch, temporal structure, pronunciation, loudness and voice quality, rhythm, emphasis and accent. In this paper, we explore the ways that prosodic features may be invoked in arguing.