.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

Argument & Computation, Volume 3, Issue 2-3, Page 83-86, June–September 2012.

ABSTRACTIn this paper I critically analyze the work of Shepard Fairey, the street artist better known as OBEY, as a multimodal discourse. After introducing the notion of street art, I analyze Fairey’s aesthetics, inspired in Pop Art and Soviet Constructivism, as well as his accounts on his own art, in order to unveil his ideology. I then discuss a particular case, concerning the pastiche of the Che Guevara’s image. I will show that the seemingly subversive nature of OBEY’s work, is (...) nothing more than marketing. Consequently, by industrially producing and commodifiying dissent, OBEY banalizes and deactivates it. According to the dichotomy between oppositional and emergent discourses, I conclude that OBEY enacts only an oppositional behavior. Moreover, by ‘manufacturing propaganda dissent’, OBEY performs protest, but in doing so he contributes to perpetuating the system he says he fights against. (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)

The purpose of this article is to present a case for the value of argumentation as an instrument of rational persuasion in doctor-patient (and general health professional–patient) communication. By doing so, I also emphasize the value of argumentation theory—as a body of knowledge devoted to the study of argumentation—both to enrich the study of doctor-patient communication and to enhance its quality by contributing to dedicated training courses for health professionals and patient education interventions. Argumentation is used in health professional–patient interactions, (...) and its significance in this context has been acknowledged in recent literature (see the collection of articles in Rubinelli and .. (shrink)

An important issue for visual argumentation is its relationship to propositions, since it has been argued that, in order to be arguments, images should be propositional. The first part of the paper will approach this debate from a theoretical perspective. After quickly surveying the field on the issue, I will address the relationship between images and propositions. Three specific questions will be examined: can propositions accurately account for the way images express arguments?; are verbal propositions necessary to reconstruct arguments that (...) images alone cannot convey, due to their lacking linguistic tools?; are images essentially non-propositional because they don’t have truth-value? The second part of the paper will include a detailed analysis of two posters. From these analyses, I will ultimately conclude that some images can display a visual argument without necessarily being propositional. (shrink)

This paper focuses on the inferential configuration of arguments, generally referred to as argument scheme. After outlining our approach, denominated Argumentum Model of Topics (AMT, see Rigotti and Greco Morasso 2006, 2009; Rigotti 2006, 2008, 2009), we compare it to other modern and contemporary approaches, to eventually illustrate some advantages offered by it. In spite of the evident connection with the tradition of topics, emerging also from AMT’s denomination, its involvement in the contemporary dialogue on argument schemes should not be (...) overlooked. The model builds in particular on the theoretical and methodological perspective of pragma-dialectics in its extended version, reconciling dialectic and rhetoric; nevertheless, it also takes into account numerous other contributions to the study of argument schemes. Aiming at a representation of argument schemes able to monitor the inferential cohesion and completeness of arguments, AMT focuses on two components of argument scheme that could be distinguished, readapting pragma-dialectical terms, as procedural and material respectively. The procedural component is based on the semantic-ontological structure, which generates the inferential connection from which the logical form of the argument is derived. The material component integrates into the argument scheme the implicit and explicit premises bound to the contextual common ground (Rigotti 2006). In this paper, the comparison of the AMT to other approaches focuses on the inferential configuration of arguments and not on the typologies of argument schemes and on the principles they are based on, which the authors intend to tackle in a further paper. (shrink)

This paper considers the cause for canonization of Gianna Beretta Molla, a pediatrician who died in 1962 because during her pregnancy she refused medical treatment that would have caused her to abort. The acts of Gianna’s cause contribute to the creation of a specific example mirroring and sustaining the position adopted by the Church in the 1960s and 1970s in matters of abortion, motherhood, family, and right to life. These issues were particularly delicate in those years, when the Catholic Church (...) was facing the rise of liberal and radical positions that contrasted with its doctrine; in particular, law n. 194 of 22 May 1978 constituted the first act of abortion legalization in Italy. In this context, the sanctification of Gianna had strategic importance for the Church as a way of presenting the faithful with the Catholic ideal of motherhood through a concrete example to follow. In this paper, I argue that the way in which the figure of Gianna is represented in the acts of her cause for canonization can be read as the figurativization of the axiology laid out in more abstract terms in Church texts with a normative value, such as the constitutions it issued during the Second Vatican Council and other official documents expressing the pontifical magisterium. (shrink)

This paper consists of a detailed analysis of how the participants in a debate build their emotional position during the interaction and how such a position is strongly related to the conclusion they defend. In this case study, teenage Mexican, students, arguing about access to drinking water, display extensive discursive work on the emotional tonality given to the issue. Plantin’s methodological tools are adopted to follow two alternative emotional framings produced by disagreeing students, starting from a common, highly negative, thymic (...) tonality. Through the analysis of four parameters we describe how the emotional dimension of schematization is argumentatively relevant. In authentic discourse, it is impossible to separate emotion from reason. The conclusion section discusses the implications for the design of argumentation-based pedagogical activities. (shrink)

This article deals with the relationship between argumentation and persuasion. It defends the idea that these two concepts are not as opposed as all too often said. If it is important to recognize their differences (there are argumentative discourses without persuasion and persuasive discourses without argumentation), there is nevertheless an overlap, in which characteristics are taken from both. We propose to call this overlap “persuasive argumentation”. In order to bridge argumentation and persuasion, we will first distinguish the latter from manipulation. (...) In the second part of this article, we will analyze four cases of persuasive argumentation: the enthymeme, a few rhetorical figures, narration and visual argumentation. (shrink)

Introduction Content Type Journal Article Pages 1-17 DOI 10.1007/s10503-011-9238-3 Authors Ana Laura Nettel, Law Department, Universidad Autónoma Metropolitana—Azcapotzalco (UAM-A), Amsterdam 180-403 Colonia Hipódromo Condesa, 06100 Mexico, DF, Mexico Georges Roque, Centre National de la Recherche Scientifique (CNRS), CRAL, EHESS/CNRS, 96 Bd. Raspail, 75006 Paris, France Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

In the introduction to his recent book outlining a "deep rhetoric" that can affirm rhetoric's "philosophical foundations," James Crosswhite celebrates a remark made by the late Henry Johnstone, the founding and long-time editor of Philosophy and Rhetoric. Johnstone, claims Crosswhite, "once suggested that rhetoric was an attempt to be 'philosophy without tears'". The passage to which Crosswhite refers appears in Johnstone's foreword to the book Rhetoric and Philosophy, a collection of essays edited by Richard Cherwitz. There, in a bungled bid (...) to praise rhetoric's "increased interest in philosophy during the past few decades," Johnstone attributes the "belief that [rhetoric] is 'philosophy without tears'"... (shrink)

Having discussed some political and philosophical stakes of the Greeks’ invention of the rhetorical art, the present research aims to show the great originality of Aristotle’s treatise in comparison to his precursors. Subsequently, the article illustrates the amazing scientific relevance of Aristotle’s work for the French -speaking world in the past half a century. Finally, the paper poses the question whether its underlying concepts can nowadays be of any significance from a practical point of view.

When Giambattista Vico wrote and rewrote the Scienza Nuova between 1725 and 1744, he all but completely occluded his own discipline – rhetoric. Professor of Latin Eloquence at the University of Nap...

This paper will question methods, theories and analysis categories which participate to the description and the interpretation of newspapers pictures about french presidential campaigns (2007 and 2012). How can pictures of french newspapers be tools for explain, understand and discuss about the republic presidential choice. Regarding theoretical and methodologic plans, social-constructivist, linguistic, phenomenological, social cognitive, semiological, psycho-social-cognitives approaches are relevant to give scientific and rational narration of media discourse about french presidential campaigns.

In this article we take the use of examples as a means to explore the processes of persuasion and consensus-construction involved in the legitimation of popular management knowledge. Examples, as concrete instances or events used to substantiate a wider argument, have been variedly regarded in different research traditions. Classical logic and rhetoric have considered them an inferior form of argument, useful for pedagogic or public debate but inadequate for higher forms of thought. This spirit still permeates much psychological research on (...) communication, where the great persuasive import of examples has been contrasted with more scientific and formal resources for argumentation. Considered in this light, the contingent and episodic nature of examples seems to make them cognitively inferior to explicit statements of general rules. However, various strands of research on the nature of scientific knowledge have shown that implicit forms of knowledge are an integral part of scientific expertise. Examples may thus be more central to disciplinary thought than the conventional normative view seems to allow. In this spirit, we explore the use of examples in a hotly contested field, that of popular discourse on business and management. The profusion of examples in this kind of writing has been often noted, and almost as often criticized. We seek to explore more fully how these examples are deployed, examining the discursive devices that mark examples within the development of the text, their function as rhetorical moves, and their role in presenting arguments that are never otherwise made explicit. (shrink)

Imagine the following situation: an act of violent assault has been committed. And there are only two possible suspects, of which one is a small and weak man and the other a big and strong man. The weak man will plead that he is not strong enough and therefore not likely to have committed the crime, which seems reasonable straight away. But there will also be a loophole for the strong man, as Aristotle tells us, who reports exactly that story (...) in book 2, chapter 24, of his Rhetoric. And he also has a name to assign to the inventor of that kind of argument (1402a17–20):The Art of Corax is composed of this topic. For if a man is not likely to be guilty of what he is accused of, for instance if, being weak, he is .. (shrink)

The paper deals with the problem of the nature of logic and its normativity in the context of the normativity of scientific knowledge in general. We proceed from a division between fundamental aspects of scientific knowledge which are related to the nature and subject matter of particular sciences, and its applied aspects which are related to the possible applications of sciences. This division fully applies to logic. The authors note that if we view logic as a completely objective discipline, devoid (...) of any "anthropological basis", then the only rational alternative to anti-realist approaches is an ontological (realistic) strategy to justify the logical ones that seek to justify a certain kind of being. To do this, it is necessary to abandon the normative interpretation of logical evaluations and logical systems. Logic can gain a true ontological foundation, based on the devoid of the normative color of understanding logical evaluations as a particular kind of object. Logic has both a deductive core, and various applied disciplines, modern informal logic among them. While formal deductive logic is concentrated on the systems of abstract logical entities (objects) such as truth values and logical functions, the main task of informal logic consist in studying a real argument, which people apply in communicative processes, by elaborating certain standards, criteria and procedures for their interpretation and evaluation. No science can be normative in its basic (fundamental) aspects, and so is logic. Nevertheless, any science is in some degree normative with respect to its applied aspects, and informal logic perfectly illustrates this in view of a normative evolving of applied systems of the modern theories of argumentation. In addition to denying the normativity of formal deductive logic as a fundamental theoretical discipline, the authors of this article demonstrate the fundamental possibility of normative measurement of logical knowledge, in particular in the applied aspect of the development of modern informal logic. (shrink)

La récente étude du R.P. Dubarle sur la dialectique hégélienne est trop riche pour être discutée ici dans son ensemble. Nous nous contentons par conséquent d'en relever une seule thèse, celle précisément qui rattache la philosophie moderne, ou plus exactement certaines des philosophies modernes, à la distinction entre la raison et l'entendement, qui s'est progressivement substituée au cours du XVIe s., du XVIIe s. et du XVIIIe s. à l'ancienne distinction, élaborée déjà par la Grèce antique, entre l'intellect et la (...) raison. Cette thèse joue un rôle fondamental dans l'étude du R.P. Dubarle qui se propose en dernier lieu la formalisation non pas de la logique hégélienne mais de la logique des termes inspirée par l'œuvre de Hegel. Nous ne discuterons pas ici la réalisation de ce projet. Notre propos présent n'est qu'une interrogation sur la correction de la présentation dubarlienne de la distinction en question, une confrontation, en rapport avec celle-ci, entre ce qu'on peut appeler « la philosophie de la raison » et « la philosophie de l'intellect », et, en conséquence, une suggestion sur la voie à suivre pour construire la théorie de la philosophie: la métaphilosophie. (shrink)

Post-war argumentation theorists have tended to regard argumentation as one thing and mathematical proof as another. Perelman (1958, 1969), for example, defined the word ‘argumentation’ stipulatively as a contrast term to ‘demonstration’: whereas mathematical reasoning as theorized by modern formal logic, he writes, is a matter of deducing theorems from axioms in accordance with stipulated rules of transformation, argumentation aims at gaining the adherence of minds (Perelman 1969, pp. 1–2). Toulmin (1958) contrasted his “jurisprudential model” of argument, according to which (...) the validity of an argument is a matter of its following proper procedure, with a “geometrical model” according to which validity is a matter of its having a proper shape comparable to the shape of a triangle (Toulmin 1958, p. 95). Johnson (2000, pp. 231–232) argues explicitly that a mathematical proof is not an argument.In the collection under review, Andrew Aberdein and Ian Dove have assembled a number of recent. (shrink)

Advances in genetic research have created the need to inform consumers. Yet, the communication of hereditary risk and of the options for how to deal with it is a difficult task. Due to the abstract nature of genetics, people tend to overestimate or underestimate their risk. This paper addresses the issue of how to communicate risk information on hereditary breast and ovarian cancer through an online application. The core of the paper illustrates the design of OPERA, a risk assessment instrument (...) that applies the UK National Institute of Health and Clinical Excellence's guidelines on the basis of (i) the number of relatives on the same side of the family with the same cancer or cancers that are known to run together; (ii) the ages of these relatives at diagnosis and (iii) the closeness of the family relationship with the person who is doing the assessment. By relying on the argumentation theory, we explain how the communication strategy that OPERA implements is essentially based on Perelman and Olbrechts-Tyteca's deductive argumentation by association. By using as premises “facts” (propositions about reality that can be assumed without further justification) and “truths” (propositions that make connections about facts), OPERA delivers its claims with an ex auctoritate causal link aimed at transferring the audience's acceptance of the cause to the effect. Overall, the design of OPERA rests on its capacity to induce users' active processing of risk information through an appeal to their reasoning faculty. In the conclusion, we present some results from a pilot evaluation of users' acceptance of OPERA. (shrink)

In this paper a unified theory of models and thought experiments is proposed by considering them as fictions, la Vaihinger. In order to reach this aim, the Hertzian and Botzmannian interpretation of theories as Bilder is reconsidered.

ABSTRACT This study explores the influence of the French Symbolist poet, novelist, and literary critic Remy de Gourmont on Chaïm Perelman and Lucie Olbrechts-Tyteca's conception of dissociation. It proposes translatio—the medieval trope describing a transfer of ideas—as a lens through which to read the significance of Gourmont's thought on the New Rhetoric Project. Thus forgoing more traditional comparative approaches such as intertextuality, this study argues that translatio serves here as a particularly valuable conceptual tool: it unveils the evolution of Perelman's (...) thought over time, and Olbrechts-Tyteca's significant contribution to it; it also provides a clearer understanding of the relationship between association and dissociation in the NRP than what is generally understood by scholars of the Traité. More importantly, translatio unveils the features that make their conception of dissociation one of the truly innovative aspects of the NRP. (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)

The ‘constructivist turn’ in political representation literature has clarified that representation is crucial in forging identities – through the creation of ideological and symbolic representations that mobilize and coalesce otherwise scattered and undefined social forces – and thus also why it is essentially an interpretative and performative activity. In this article I argue that, as a consequence of this emphasis on interpretation and performativity, this approach makes clear why the ethos of representatives is important in representation. To prove this, I (...) employ some insights from rhetoric. Rhetorical persuasion and democratic representation, indeed, call for a similar kind of judgment, as they both need to mediate between opposing exigencies: rhetoric between attentiveness to the specificity of the audience and the creation of new beliefs, and representation between being responsive to specific interests and giving them a new articulation. Mediating this tension requires an exercise of judgment that, being directed toward the future, inevitably introduces uncertainty into the relation. This is why both in rhetoric and representation the ethos is an essential element. However, as I argue in the conclusion, the personal qualities that should be considered relevant here are above political qualities, rather than technical or moral ones. (shrink)

This paper presents a theorisation of collaborative activity that was developed in the research field known as “collaborative learning”, in order to understand the processes of co-elaboration of meaning and knowledge. Collaboration, as distinguished from cooperation, coordination and collective activity, is defined as a continued and conjoined effort towards elaborating a “joint problem space” of shared representations of the problem to be solved. An approach to analysing the processes of co-construction of a joint problem space is outlined, in terms of (...) inter-discursive operations, together with approaches to defining different forms of cooperative activity. In conclusion, the specificity of this approach to defining collaboration is discussed in relation to other fields of research. (shrink)

ABSTRACT Lucie Olbrechts-Tyteca's 1974 chapter on dissociation in the comic furthers our understanding of the rhetorical possibilities of dissociation, revealing how the concept can dismantle old worldviews and create new ones through laughter. Thanks to issues with translation and the chapter's obscure examples, however, this text has been largely overlooked by scholars. This article grounds the chapter's theories in examples with more contemporary resonance as a necessary first step toward understanding the full scope of Olbrechts-Tyteca's contributions to the concept of (...) dissociation. Considering Olbrechts-Tyteca's chapter in light of other texts from the New Rhetoric Project also calls attention to the ways that translation practices have shaped scholars' reception and use of the Project's concepts. (shrink)

Topoi in Critical Discourse Analysis Topos is one of the most widely-used concepts from classical argumentation theory. It found its way not only in philosophy, sociology, anthropology, and linguistics; it found its way in everyday life and everyday conversation as well.In this article, I will examine the role that topoi play in Critical Discourse Analysis. Starting with definitions from Aristotle and Cicero, contrasting them with new conceptualisations by Perelman and Toulmin, and examining the superficial use of topoi in everyday conversation, (...) I will try to show that Critical Discourse Analysis relies mostly on simplified, unreflected use of topoi as found in everyday use, thus neglecting much more productive, theoretical elaborations of the concept. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

Feminists note an association of arguing with aggression and masculinity and question the necessity of this connection. Arguing also seems to some to identify a central method of philosophical reasoning, and gendered assumptions and standards would pose problems for the discipline. Can feminine modes of reasoning provide an alternative or supplement? Can overarching epistemological standards account for the benefits of different approaches to arguing? These are some of the prospects for argumentation inside and outside of philosophy that feminists consider. -/- (...) The further concern is that the academic study of argumentation – in philosophy and other disciplines – has failed to account for the type of reasoning needed for social justice movements. What resources for addressing these concerns can be found in informal logic and interdisciplinary argumentation theory? Since part of the perceived problem derives from assuming that arguing is a contest, are more collaborative epistemological frameworks better? Can regular politeness or civility hedge against undesirable tendencies of argumentation? Can “critical thinking” pedagogy involving argument educations answer the needs of social justice? (shrink)

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)

This paper presents what we call with Plantin an argumentative cell as an unit which is inspired by Toulmin’s layout of arguments, in order to analyse two major effects of pseudo-objectivity in argumentation. Four problems of Toulmin's layout will be tackled: Data are only described as facts, the definition of Backing is blurred, but it may be linked with sources of information and extended to Data, the dialectical component of the Rebuttal needs to be extended to concessions, and dealing with (...) complex argumentation within such a model is quite difficult. Treating these problems will highlight the rhetorical possibility of a "bias of objectivity": numerous arguments that use starting points which may appear to be objective or shared in order to impose a standpoint to the addressee. This bias can be seen in at least two rhetorical strategies: the first one is using facts as arguments without signs of evidentiality in grounds for the argument. The second one is delivering opinions as apparently collectively shared. (shrink)