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  1. Argument and alternative dispute resolution systems.Gregg B. Walker & Steven E. Daniels - 1995 - Argumentation 9 (5):693-704.
    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.
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  • Rhetoric and the Reception Theory of Rationality in the Work of Two Buddhist Philosophers.Sara L. McClintock - 2008 - Argumentation 22 (1):27-41.
    Although rhetoric is not a category of ancient Indian philosophy, this paper argues that Śāntarakṣita and Kamalaśīla, 2 eighth-century Indian Buddhist philosophers, can nonetheless be seen to embrace a rhetorical conception of rationality. That is, while these thinkers are strong proponents of rational analysis and philosophical argumentation as tools for attaining certainty, they also uphold the contingent nature of all such processes. Drawing on the categories of the New Rhetoric, this paper argues that these Buddhist thinkers understand philosophical argumentation to (...)
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  • Reasonable and Rational: Renewed Loci for Rhetorical Justice.Don J. Kraemer - 2016 - Philosophy and Rhetoric 49 (2):173-195.
    Normative philosophy believes that argumentation concerning values is rational because there is a deeper value to which all are committed. Citing Ronald Dworkin’s 1977’s Taking Rights Seriously, Will Kymlicka suggests that this “ultimate value” is equality. Having a standard enables rationality because it enables competing theories to show “that one of the theories does a better job living up to the standard that they all recognize”. The measure for whether an argument weighs as much as it claims is how well (...)
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  • Interpreting Perelman’s Universal Audience: Gross vs. Crosswhite. [REVIEW]Charlotte Jørgensen - 2007 - Argumentation 23 (1):11-19.
    While still subject to differing interpretations Perelman’s theory of audience has potential as an evaluative tool in rhetorical criticism as demonstrated by Gross and Crosswhite. I compare their explanations of how politicians address the universal audience and the respective implications for evaluating the argumentation and then argue that although Gross provides a more immediately applicable theory, Crosswhite’s interpretation recommends itself by virtue of its wider scope in regard to deliberative rhetoric.
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  • The conception of audience in Perelman and Isocrates: Locating the ideal in the real. [REVIEW]David Douglas Dunlap - 1993 - Argumentation 7 (4):461-474.
    The author compares two theoretical models which develop constructs of an ideal audience. Chaim Perelman's universal audience serves a methodological function within the New Rhetoric which provides for the examination of philosophical arguments on values. Implicit within the work of Isocrates is a competing image which asserts that the ideal audience is empowered by the conditions of argument to engage the advocate in discursive praxis to construct and embody a consensus on contingency-driven value debates. The author concludes that the concept (...)
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  • Interpreting Perelman’s Universal Audience: Gross vs. Crosswhite.Charlotte Jorgensen - 2007 - In Christopher W. Tindale Hans V. Hansen (ed.), Dissensus and the Search for Common Ground. Ossa.
    While still subject to differing interpretations Perelman’s theory of audience has potential as an evaluative tool in rhetorical criticism as demonstrated by Gross and Crosswhite. I compare their explanations of how politicians address the universal audience and the respective implications for evaluating the argumentation and then argue that although Gross provides a more immediately applicable theory, Crosswhite’s interpretation recommends itself by virtue of its wider scope in regard to deliberative rhetoric.
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  • The Rhetorical Theory of Argument is Self-Defeating.Scott F. Aikin - 2011 - Cogency: Journal of Reasoning and Argumentation 3 (1).
    The rhetorical theory of argument, if held as a conclusion of an argument, is self-defeating. The rhetorical theory can be refined, but these refinements either make the theory subject to a second self- defeat problem or tacitly an epistemic theory of argument.
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  • Rationality in Argumentation.Amy Ohler - unknown