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A Pragmatic View of the Burden of Proof

In Scott Jacobs, Sally Jackson, Frans Eemeren & Frans H. van Eemeren (eds.), Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics. Cham, Switzerland: Springer Verlag (2015)

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  1. Handbook of Argumentation Theory.Frans H. van Eemeren, Bart Garssen, Erik C. W. Krabbe, A. Francisca Snoeck Henkemans, Bart Verheij & Jean H. M. Wagemans - 2014 - Dordrecht, Netherland: Springer.
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  • Fallacies and Judgments of Reasonableness: Empirical Research Concerning the Pragma-Dialectical Discussion Rules.Frans Hendrik van Eemeren - 2009 - Dordrecht, Netherland: Springer.
    In Fallacies and Judgments of Reasonableness, Frans H. van Eemeren, Bart Garssen and Bert Meuffels report on their systematic empirical research of the conventional validity of the pragma-dialectical discussion rules. The experimental studies they carried out during more than ten years start from the pragma-dialectical theory of argumentation developed at the University of Amsterdam, their home university. In these studies they test methodically the intersubjective acceptability of the rules for critical discussion proposed in this theory by confronting ordinary arguers who (...)
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  • The Pragma-Dialectical Theory Under Discussion.Frans H. van Eemeren - 2012 - Argumentation 26 (4):439-457.
    During the past thirty years the pragma-dialectical theorizing has developed in various steps from designing an abstract ideal model for critical discussion to examining strategic manoeuvring in the various argumentative activity types in which argumentative discourse manifests itself in argumentative reality. The response to the theoretical proposals that have been made includes, next to approval, also various kinds of criticisms. This paper explores the nature and thrust of these criticisms. In doing so, a distinction is made between criticisms concerning the (...)
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  • Special Issue on Strategic Maneuvering in Institutional Contexts Dedicated to Peter Houtlosser (1956–2008).Frans H. van Eemeren - 2008 - Argumentation 22 (3):305-315.
  • Argumentation Theory Without Presumptions.Marcin Lewiński - 2017 - Argumentation 31 (3):591-613.
    In their extensive overview of various concepts of presumption Godden and Walton recognise “the heterogeneous picture of presumptions that exists in argumentation theory today”. I argue that this heterogeneity results from an epiphenomenal character of the notion of presumption. To this end, I first distinguish between three main classes of presumptions. Framework presumptions define the basic conditions of linguistic understanding and meaningful conversation. The “presumption of veracity” is their paradigm case. I argue that such presumptions are satisfactorily covered by the (...)
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  • Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics.Bart Garssen, Frans Eemeren & Frans H. van Eemeren (eds.) - 2015 - Cham, Switzerland: Springer Verlag.
    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.
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  • The Pragma-Dialectical Theory Under Discussion.Frans H. Eemeren - 2012 - Argumentation 26 (4):439-457.
    During the past thirty years the pragma-dialectical theorizing has developed in various steps from designing an abstract ideal model for critical discussion to examining strategic manoeuvring in the various argumentative activity types in which argumentative discourse manifests itself in argumentative reality. The response to the theoretical proposals that have been made includes, next to approval, also various kinds of criticisms. This paper explores the nature and thrust of these criticisms. In doing so, a distinction is made between criticisms concerning the (...)
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  • Strategic Manoeuvring with Linguistic Arguments in the Justification of Legal Decisions.Eveline Feteris - unknown
    Participants to a legal process often use linguistic arguments to support their claim. With a linguistic argument it is shown that the proposed interpretation of a rule is based on the meaning of the words used in the rule in ordinary or technical language. The reason why a linguistic argument is chosen as a support for a legal claim is that linguistic arguments are considered to have a preferred status in justifying a legal decision. However, this preferred status can also (...)
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  • Strategies for strengthening presumptions and generating ethos by manifestly ensuring accountability.Fred Kauffeld & Erik C. W. Krabbe - unknown
    In argumentation, as elsewhere, speakers strategically engage favourable presumptions by manifestly making themselves accountable for their communicative efforts. Such strategies provide the addressee with reasons to regard the speaker as accountable in specific ways and, via that regard for the speaker, with situation-specific rationales for responding positively to what the speaker says. This paper identifies some resources available to arguers for strengthening, elaborating, and focusing such special presumptions. The paper offers an analysis of Barbara Jordan’s “Statement on the Articles of (...)
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  • “You’re moving from irrelevant to irrational”—Critical Reactions in Internet Discussion Forums.Marcin Lewinski - unknown
    This paper scrutinizes some peculiarities of the culture of Internet argumentation: it is a qualitative pragma-dialectical study of different strategies arguers employ to question or attack argumentation of their opponents in online political discussion forums. The basic assumption of the paper is that this particular context of argumentation—or: argumentative activity type—creates special opportunities and constraints for critical reactions regarding propositional content and relevance of argumentation. These opportunities and constraints, it is argued, may lead online discussions to being endless, yet not (...)
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  • Commentary on Hansen.Peter Houtlosser - unknown
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  • Evaluating Qualified Standpoints.Assimakis Tseronis - unknown
    In this paper, I argue that an account of the effect that the use of adverbials such as ‘actually, in fact, clearly, obviously, perhaps, probably’ has, when qualifying an utterance that is reconstructed as a standpoint, contributes to a context-sensitive evaluation of argumentative discourse. The account provided draws from the concept of strategic manoeuvring developed within Pragma-dialectics. The effect of qualified standpoints on argumentative discussions is specified in terms of the protagonist’s management of the burden of proof.
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