Christian Kock’s essays show the essential interconnectedness of practical reasoning, rhetoric and deliberative democracy. They constitute a unique contribution to argumentation theory that draws on – and criticizes – the work of philosophers, rhetoricians, political scientists and other argumentation theorists. It puts rhetoric in the service of modern democracies by drawing attention to the obligations of politicians to articulate arguments and objections that citizens can weigh against each other in their deliberations about possible courses of action.

Despite Vancil’s (1979) proclamation over twenty years ago that topoi have been abandoned in argument theory, this essay contends that topoi should have a vital role in contemporary argumentation theory. Four key areas are identified where topoi are (or can be) essential tools for argumentation: Locating argument, building argument, development of critical thinking, and argument pedagogy. As a result, teachers and students of argument can both benefit from a (re)discovery of topoi.

Drawing on insights from contemporary studies on conceptual metaphor and multimodal metaphor, the present study proposes a tentative analysis of multimodal metaphorical argument from the perspective of the extended theory of pragma-dialectics. A case, Liqun Commercial, is presented as an illustration. This commercial proves to use a conceptual metaphor, life is a journey, that underlies a multimodal metaphorical argument. The conceptual metaphor is highly acceptable in the cultural context of the Chinese target audience. Due to the restrictions imposed by the (...) institutional context, the commercial tries to convince the audience by using implicit argumentative means. In this endeavor, multimodal metaphorical argument is used to enhance the commercial’s effectiveness by foregrounding through framing the aspects the protagonist desires to show and by using a strategy to evade sanctions for ignoring institutional constraints. (shrink)

A strong argument culture is characterized by at least five productive tensions, between: commitment and contingency, partisanship and restraint, personal conviction and sensitivity to the audience, reasonableness and subjectivity, and decision and non-closure. Differences in how communities manage these tensions explain why there are multiple argument cultures and, hence, why we need to understand arguing both within and among different cultures. The paper elaborates these five productive tensions, offers some examples of argument cultures that negotiate them in various ways, and (...) considers what it means to argue across cultures in a world that is both increasingly diverse and increasingly atomized. (shrink)

Although political argumentation is not institutionalized in a formal sense, it does have recurrent patterns and characteristics. Its constraints include the absence of time limits, the lack of a clear terminus, heterogeneous audiences, and the assumption that access is open to all. These constraints make creative strategic maneuvering both possible and necessary. Among the common types of strategic maneuvering are changing the subject, modifying the relevant audience, appealing to liberal and conservative presumptions, reframing the argument, using condensation symbols, employing the (...) locus of the irreparable, and argumentative use of figures and tropes. It is difficult to evaluate strategic maneuvering in political argumentation, however, because the activity types dictate wide latitude for the arguers, so there are few cases of unquestionable derailment. (shrink)

Persuasive definitions – those that convey an attitude in the act of naming – are frequently employed in discourse and are a form of strategic maneuvering. The dynamics of persuasive definition are explored through brief case studies and an extended analysis of the use of the “war” metaphor in responding to terrorism after September 11, 2001. Examining persuasive definitions enables us to notice similarities and differences between strategic maneuvering in dialectical and in rhetorical argument, as well as differences between the (...) role of strategic maneuvering in normatively ideal argument and in actually existing argument. This will avoid the double standard of comparing ideal dialectic with actual rhetoric, or vice versa. The results of the analysis suggest possibilities for a rapprochement between dialectical and rhetorical approaches to argumentation. (shrink)

Safe Safety arguments are key components in a safety case. Too often, safety arguments are constructed without proper reasoning. To address this, we argue that informal logic argument schemes have important roles to play in safety argument construction and reviewing process. Ten commonly used reasoning schemes in computer system safety domain are proposed. The role of informal logic dialogue games in computer system safety arguments reviewing is also discussed and the intended work in this area is proposed. It is anticipated (...) that this work will contribute toward the development of computer system safety arguments, and help to move forward the interplay between research in informal logic and research in computer system safety engineering. (shrink)

This article asks whether Perelman’s concepts of the audience can help us achieve a better understanding of the Internet Audience in the specific context of the recent French and American presidential elections. It concludes that Perelman’s notion of “argumentation before a single hearer” is most useful for that purpose. Applying it to Internet audience allows us to discern some of the communicative devices, such as appeal to participation and appeal to proximity, used by candidates in order to achieve a higher (...) degree of involvement on the part of the surfers and potential voters, which in turn is translated to action by the surfers/voters on behalf of the candidate. The application of Perelman’s concept shows that on the Web the interaction between the candidate and the surfer shifts from an argumentative situation per se to a context in which what appears to be a dialogue or conversation invites connivance between rhetor and audience. (shrink)

Within the framework of pragma-dialectics, this paper analyzes the use of dissociations in the spokespersons’ replies at the press conferences held by the Chinese Ministry of Foreign Affairs between 2015 and 2017. As shown in the research results, to cut down the authority of their opponents in criticizing China and to convince the international general public of the Chinese standpoints, four subtypes of dissociation are used, which can be differentiated as: “distorted” Term I versus “authentic” Term II, “ambiguous” Term I (...) versus “univocal” Term II, “broadened” Term I versus “exact” Term II, and “narrowed” Term I versus “exact” Term II. The strategic maneuvering carried out by the spokespersons in confronting their immediate opponents by means of the various subtypes of dissociation is in the first place directed at their primary audience, i.e. the international general public. To make a convincing case, in using dissociations the spokespersons not only adapt in their strategic maneuvering to the demands of their primary audience but also in their selection from the topical potential and the presentational devices. (shrink)

As the world has increasingly embraced globalization, temptations to encroach on traditional boundaries of state sovereignty for reasons of self-interest mount. Argumentation studies provide an important lens for examining the public discourse used to justify such moves. This essay examines the Bush administration’s strategic use of the definitional processes of association and dissociation to build its public case for regime change in Afghanistan. After exploring how the Bush administration’s early rhetoric after 9/11 failed to actually provide the Taliban a choice (...) to remain in power, the essay reveals three combinations of the terrorism/state relationship that functioned as an argument by definition to gain support for the US campaign to overthrow the regime. (shrink)

Mercier & Sperber (M&S) argue for their argumentative theory in terms of communicative abilities. Insights can be gained by extending the discussion beyond human reasoning to rodent and robot navigation. The selection of arguments and conclusions that are mutually reinforcing can be cast as a form of abductive reasoning that I argue underlies the construction of cognitive maps in navigation tasks.

This project tackles the problem of analyzing a specific form of reasoning called ‘sunk costs’ in economics and ‘argument from waste’ in argumentation theory. The project is to build a normative structure representing the form of the argument, and then to apply this normative structure to actual cases in which the sunk costs argument has been used. The method is partly structural and partly empirical. The empirical part is carried out through the analysis of case studies of the sunk costs (...) argument found in business decision-making, as well as other areas like medical decision-making and everyday conversational argumentation. The structural part is carried out by using existing methods and techniques from argumentation theory, like argumentation schemes. The project has three especially significant findings. First, the sunk costs argument is not always fallacious, and in many cases it can be seen to be a rational precommitment strategy. Second, a formal model of argumentation, called practical reasoning, can be constructed that helps a rational critic to judge which sunk costs arguments are fallacious and which are not. Third, this formal model represents an alternative model of rationality to the cost-benefit model based on Bayesian calculation of probabilities. This alternative model is called the argumentation model, and it is based on interpersonal reasoning in dialogue as the model of rational thinking. This model in turn is based on the underlying notion of commitment in dialogue. (shrink)

In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

This paper takes an argumentation approach to find the place of trust in a method for evaluating arguments from expert opinion. The method uses the argumentation scheme for argument from expert opinion along with its matching set of critical questions. It shows how to use this scheme in three formal computational argumentation models that provide tools to analyse and evaluate instances of argument from expert opinion. The paper uses several examples to illustrate the use of these tools. A conclusion of (...) the paper is that from an argumentation point of view, it is better to critically question arguments from expert opinion than to accept or reject them based solely on trust. (shrink)

Using persuasive definitions and persuasive language generally to put a spin on an argument has often held to be suspicious, if not deceptive or even fallacious. However, if the purpose of a persuasive definition is to persuade, and if rational persuasion can be a legitimate goal, putting forward a persuasive definition can have a legitimate basis in some cases. To clarify this basis, the old subject of definitions is reconfigured into a new dialectical framework in which, it is argued, a (...) definition should be evaluated in light of its purpose as a speech act. But if persuasive definitions are so often thought to be suspect, misleading, or even fallacious, how can individual cases be judged on some objective basis? In this paper, a new dialectical method of evaluating such definitions on a case-by-case basis is proposed, showing how abusive as well as reasonable uses of persuasive language can properly be identified, analyzed and evaluated. (shrink)

This paper has three dimensions, historical, theoretical and social. The historical dimension is to show how the Ciceronian system of dialectical argumentation served as a precursor to computational models of argumentation schemes such as Araucaria and Carneades. The theoretical dimension is to show concretely how these argumentation schemes reveal the interdependency of rhetoric and logic, and so the interdependency of the normative with the empirical. It does this by identifying points of disagreement in a dialectical format through using argumentation schemes (...) and critical questions. The social dimension is to show how the Ciceronian dialectical viewpoint integrates with the use of computational tools that can be used to support the principle of reason-based deliberation and facilitate deliberative democracy. (shrink)

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...) for argument from fairness is shown to be based on a special principle in Perelman’s theory of justice. (shrink)

The aim of this investigation is to explore the role of argumentation schemes in enthymeme reconstruction. This aim is pursued by studying selected cases of incomplete arguments in natural language discourse to see what the requirements are for filling in the unstated premises and conclusions in some systematic and useful way. Some of these cases are best handled using deductive tools, while others respond best to an analysis based on defeasible argumentations schemes. The approach is also shown to work reasonably (...) well for weak arguments, a class of arguments that has always been difficult to analyze without the principle of charity producing a straw man. (shrink)

In this paper, we show that God is portrayed in the Hebrew Bible and in the Rabbinic literature—some of the very Hebrew texts that have influenced the three major world religions of Judaism, Christianity, and Islam—as One who can be argued with and even changes his mind. Contrary to fundamentalist positions, in the Hebrew Bible and other Jewish texts God is omniscient but enjoys good, playful argumentation, broadening the possibilities for reasoning and reasonability. Arguing with God has also had a (...) profound influence upon Jewish humor, demonstrating that humans can joke with God. More specifically, we find in Jewish literature that humor’s capacity to bisociate between different domains of human experience can share a symbiotic relationship with argumentation’s emphasis on producing multiple, contested perspectives. Overall, once mortals realize that figures such as God can accept many perspectives through humor, teasing, arguing, criticism, and in at least one case, even lawsuits, a critical point emerges: citizens should learn to live, laugh, and reason with others with whom they disagree. (shrink)

The aim of this paper is to indicate the systematic place of arguments based on the concept of analogy within the theoretical framework of the Periodic Table of Arguments, a new method for describing and classifying arguments that integrates traditional dialectical accounts of arguments and fallacies and rhetorical accounts of the means of persuasion (logos, ethos, pathos) into a comprehensive framework. The paper begins with an inventory of existing approaches to arguments based on analogy, similarity and adjacent concepts. Then, the (...) theoretical framework of the table will be expounded and several concrete examples of arguments based on these concepts will be analyzed in terms of the framework. Finally, the results of these analyses will be summarized and it will be indicated how they can be refined in further research related to the Periodic Table of Arguments. (shrink)

Inferential or epistemic conditional sentences represent a blueprint of someone’s reasoning process from premise to conclusion. Declerck and Reed (2001) make a distinction between a direct and an indirect type. In the latter type the direction of reasoning goes backwards, from the blatant falsehood of the consequent to the falsehood of the antecedent. We first present a modal reinterpretation in terms of Argumentation Schemes of indirect inferential conditionals (IIC’s) in Declerck and Reed (2001). We furthermore argue for a distinction between (...) epistemic-modal strong and deontic-modal weak IIC’s. In addition, we extend the category of the indirect inferential conditionals in order to include several other deontic-modal subtypes. On the basis of the undesirability of the consequent the hearer in these cases infers that the antecedent is also undesirable. In this way the rhetoric-argumentative strategy of Reductio ad Absurdum is extended from the realm of deductive reasoning to that of practical reasoning. (shrink)

This paper describes an approach to legal logic based on the formal analysis of argumentation schemes. Argumentation schemes a notion borrowed from the .eld of argumentation theory - are a kind of generalized rules of inference, in the sense that they express that given certain premises a particular conclusion can be drawn. However, argumentation schemes need not concern strict, abstract, necessarily valid patterns of reasoning, but can be defeasible, concrete and contingently valid, i.e., valid in certain contexts or under certain (...) circumstances. A method is presented to analyze argumentation schemes and it is shown how argumentation schemes can be embedded in a formal model of dialectical argumentation. (shrink)

This paper explores the possibilities for strategic maneuvering of the argumentative technique that Perelman and Olbrechts-Tyteca (The New Rhetoric. A Treatise on Argumentation, University of Notre Dame Press, Notre Dame/London, 1969) called dissociation. After an exploration of the general possibilities that dissociation may have for enhancing critical reasonableness and rhetorical effectiveness, the use of dissociation in the successive stages of a critical discussion is examined. For each stage, first, the dialectical moves that dissociation can be employed in are specified, then, (...) the specific ways in which dissociation contributes to fulfilling the dialectical tasks that are associated with these moves are delineated, and, finally, the rhetorical gain that␣dissociation can bring in the fulfillment of these tasks is discussed. Some general conclusions are drawn for research that aims at understanding the potential of an argumentative technique for strategic maneuvering. (shrink)

According to van Eemeren, argumentation theory is a hybrid discipline, because it requires a multidisciplinary, if not interdisciplinary approach, combining descriptive and normative insights. He points out that modern argumentation theorists give substance to the discipline by relying either on a dialectical perspective, concentrating on the reasonableness of argumentation, or on a rhetorical perspective, concentrating on its effectiveness. Both the dialectical and the rhetorical perspective are interpreted in ways related to how they were viewed by Aristotle, but in modern argumentation (...) theory the relationship between the two, captured in Aristotle’s term antistrophos, is lost. According to van Eemeren, this relationship, which he considers crucial to a full-fledged argumentation theory, has been recovered in extended pragma-dialectics with the help of the theoretical notion of ‘strategic manoeuvring.’. (shrink)

According to pragma-dialectical methodology, a party in an argumentative discussion can be assumed to manoeuvre strategically between dialectical and rhetorical objectives. One confrontational form of strategic manoeuvring occurs when a critic charges an arguer with advancing a standpoint that has socially harmful consequences. In special situations this form of manoeuvring can be dialectically sound, for example when the standpoint is advanced in a way that damages the dialectical process. The boundary between fallacious and dialectically sound applications of this form of (...) manoeuvring is examined by looking for the manoeuvring’s soundness conditions. (shrink)

David Hitchcock and Bart Verheij (eds): Arguing on the Toulmin Model. New Essays in Argument Analysis and Evaluation Content Type Journal Article Pages 1-13 DOI 10.1007/s10503-011-9214-y Authors Lester C. van der Pluijm, University of Amsterdam, Amsterdam, The Netherlands Jacky C. Visser, University of Amsterdam, Amsterdam, The Netherlands Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X.

To illustrate the development of argumentation theory, the paper traces the journey of the pragma-dialectical theory as it widened its scope, step by step, from an abstract model of critical discussion to the complexities of actual argumentative discourse. It describes how, having contextualized, empiricalized and formalized their approach, pragma-dialecticians are now putting the theory’s analytical instruments to good use in identifying prototypical argumentative patterns in specific communicative activity types in the various communicative domains. This means that they can now start (...) answering the crucial question about the typical characteristics of their discourse asked by interested lawyers, politicians, academics and other practitioners of argumentation. (shrink)

The extended pragma-dialectical argumentation theory assumes that people engaged in argumentative discourse manoeuvre strategically. In argumentative reality, the strategic manoeuvring is often carried out according to an argumentative strategy. Language users make an effort to present their strategic manoeuvres in a specific way and the analysis of the stylistic choices in actual argumentative discourse is the most important basis for identification and analysis of argumentative strategies. In this article, it is shown what requirements must be satisfied by a systematic stylistic (...) analysis of argumentative discourse, and the results of such an analysis are illustrated by means of a case study. (shrink)

Modern public relations practices have been dominated by appeals to impulses, desires, and images that affect publics defined predominantly in demographic terms. This paper argues that abandoning basic rhetorical assumptions about the ability of ordinary people to engage in practical reason has serious ethical implications for the marketplace as well as for society in general. The study applies recent rhetorical scholarship on issues of public discourse and rhetorical culture to public relations practices, considering how rhetoric can contribute to more effective (...) and ethical public discourse in our dominant modes of marketplace communication. (shrink)

Computer-mediated communication (CMC) raises anew traditional questions of truth and trust. Challenges to communicating with truth and trust are exacerbated by qualities of CMC which encourage users to communicate mindlessly, particularly its capacity to evoke a sense of being present to an Other, despite different locations in time or space. Rhetorical presence and dialogic presentness are used to explore the communication dynamics of CMC and delineate some of the challenges of truthful and trustworthy CMC.

This paper aims at showing how the New Rhetoric’s insights allow for an integration of argumentation studies in linguistic investigation, and more specifically in discourse analysis. Claiming that argumentativity is a constitutive feature of discourse, it endeavors to explore logos as both reason and language by analyzing patterns of reasoning in their discursive actualization. In this approach, the attempt at influencing the audience’s representations is analyzed in the complexity of a discourse explored in its formal and socio-institutional dimensions.

This paper discusses some of the ways recent models have brought rhetoric into argumentation theory. In particular, it explores the rationale for and role of rhetoric in the strategic maneuvering project of pragma-dialectics and compares it with the author’s own implementation of rhetorical features. A case is made for considering the active ways audiences influence the strategies of arguers and for seeing the role of rhetoric in argumentation as both fundamental and reasonable on its own terms.

The article focuses on the new rhetoric category of quasi-logical arguments, defined as arguments similar to logical or mathematical demonstrations, and therefore having an effect on the audience. Connecting the similarity of arguments to formal demonstrations with the claim of effect on audience is conceived in this article as the thesis of effectiveness of quasi-logical arguments. The components of the thesis are reconstructed and analyzed, and their precise definitions are proposed. The analysis shows that the category of quasi-logical arguments is (...) ambiguously defined and currently includes three different concepts based on a different understanding of similarity. Subsequently, it is showed that based on Perelman and Olbrechts-Tyteca’s works, the explanation of quasi-logical arguments’ effect on an audience can be offered in terms of socially shared standards of community or in terms of individual processing of arguments. It is shown that these explanations can be in conflict each other regarding the assumption of the addressee’s acquaintance with formal principles. (shrink)

The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...) evaluation is the best basis for a satisfying explanation. (shrink)

Cases—be they real or fictional—are commonplace both in the medical ethics literature and in the public media. Cases take on a variety of forms: from streamlined to book length narratives. They also serve a variety of different purposes, from illustration, to decision making, and from debunking to heuristics. Drawing on the rhetorical analysis of « exemplum », I shall describe what cases are, and what their role is in the practice of clinical ethics. I identify two basic ways in which (...) cases can be brought to bear on ethical thinking and practice: a « tamed » and a « wild » way, and show how « wild cases » can serve a useful heuristic function despite their appeal to emotions and their unusual and striking character. In conclusion, I will argue that cases, both in their wild and their tamed form, are not only useful pedagogical tools, but can serve as a legitimate empirical basis for medical ethics. (shrink)

This article explores how older adults negotiate and partially counter normative expectations of “health citizenship” that stress individual responsibility for maintaining health and preventing health problems. Based on interviews with 55 participants in Canada and the U.K. about what healthy living means to them in their everyday lives, we examine how the dominant discourse of personal responsibility in participants’ responses is counterpointed by a more muted, yet significant, alternative critical perspective on the relative roles and responsibilities of government and citizens (...) in making healthy living possible. Drawing on Hauser’s (1999) concept of vernacular rhetoric along with recent theories of environmental citizenship, we analyze how participants exercise their civic-political judgment by using a logic of dissociation to argue that what government says about the importance of healthy living is incompatible with what government does to support citizens’ abilities to eat healthily and live actively. By deploying this technique of argumentation to address structural-political-economic dimensions of healthy living, participants enact, in modest ways, an alternative, critical-collective mode of health citizenship that complicates and, at least partially, disrupts neoliberal constructions of the individually responsible, “good” health citizen. (shrink)

This article investigates the uneasy process of integrating midwifery’s alternative, women-centered model of childbirth care within the medically-dominated healthcare system in Canada. It analyses the impure processes of rhetorical identification and differentiation that characterized the debate about how to regulate midwifery in Ontario by examining a selection of submissions from diverse health care groups with vested interest in the debate’s outcome. In divergent ways, these groups strategically appeal to the value of the “public interest” in order to advance professional concerns. (...) The study considers the implications of this rhetorical process for re-defining midwifery’s distinctive professional identity in relation to other health professions, to the state, and to the women for whom midwives care. Likewise, it suggests the relevance of rhetorical analysis for understanding the discursive formation and re-formation of health models, values, and professions in Western culture. (shrink)

Short abstract (98 words). Reasoning is generally seen as a means to improve knowledge and make better decisions. However, much evidence shows that reasoning often leads to epistemic distortions and poor decisions. This suggests that the function of reasoning should be rethought. Our hypothesis is that the function of reasoning is argumentative. It is to devise and evaluate arguments intended to persuade. Reasoning so conceived is adaptive given humans’ exceptional dependence on communication and vulnerability to misinformation. A wide range of (...) evidence in the psychology of reasoning and decision making can be reinterpreted and better explained in the light of this hypothesis. (shrink)

Contemporary professional restaurant reviews have consequences beyond the dinner plate. They now face challenges from the democratizing efforts of blogs and crowd-sourced reviews. Thus an analysis seems appropriate for determining how they are written and what might be lost should they be replaced. Restaurant reviews are presumed to be a species of art and literary criticism and as such have evolved as a rhetorical genre. Through genre analysis we inductively construct the form of the professional restaurant review and then apply (...) it deductively to recent reviews to discover any substantive and stylistic differences that have arisen in the evolution of this genre of writing. We conclude with a critique of this genre that reveals ethical implications for the uses of metaphors in professional restaurant reviews. (shrink)

In my paper I will analyze decisions of the Russian Constitutional Court and courts of general jurisdiction, in which they interpret ordinary and seemingly unambiguous words and phrases. In a number of cases this interpretation is made in a manner, which is suspect from a linguistic point of view. The analysis shows that there is no consistency in the application by Russian courts of the “plain language” rule and that literal interpretation may be used selectively as a means of legitimizing (...) the decisions made on non-linguistic grounds. Though literal interpretation can be often incompatible with the concept of justice and therefore judges should also take into account other criteria, there are examples of court decisions, in which literal interpretation would have been more appropriate from the perspective of justice, separation of powers and human rights. The article shows how use and misuse of language by judges is employed as a tool in judicial decision-making. (shrink)

The wording of major human rights texts—constitutions and international treaties—is very similar in those provisions, which guarantee everyone the right to family, privacy, protection against discrimination and arbitrary detention, and the right to access the court. However, judges of lower national courts, constitutional judges and judges of the European Court of Human Rights often read the same or seemingly the same texts differently. This difference in interpretation gives rise not only to disputes about the hierarchy of interpretative authorities, but to (...) more general disputes about limits of judicial construction and validity of legal arguments. How it may happen, that the national courts, which apply constitutional provisions or provisions of national legislative acts, which are seemingly in compliance with the international human rights standards, come to different results with the international judges? Do they employ different interpretative techniques, share different values or develop different legal concepts? Do international judges ‘write’ rather than ‘read’ the text of the Convention? Who is, in Plato’s terms, a name-giver and who has a power to define the ‘correctness’ of names? The answers to these questions from the rhetorical and semiotic perspectives are exemplified by the texts of the judicial decisions on the rights of persons with mental disabilities. (shrink)

We discuss several aspects of legal arguments, primarily arguments about the meaning of statutes. First, we discuss how the requirements of argument guide the specification and selection of supporting cases and how an existing case base influences argument formation. Second, we present,our evolving taxonomy of patterns of actual legal argument. This taxonomy builds upon our much earlier work on argument moves and also on our more recent analysis of how cases are used to support arguments for the interpretation of legal (...) statutes. Third, we show how the theory of argument used by CABARET, a hybrid case-based/rule-based reasoner, can support many of the argument patterns in our taxonomy. (shrink)

The work of cognitive psychologists, philosophical naturalists, post-modernists, and other such epistemic subversives conspires to endanger the well being of traditional analytic epistemology. Stephen Stich ( et tu Stich) has contributed his design for epistemology's coffin. I look hard at his proposed radical revision of epistemology. The ostensible target of Stich's analysis is the traditional enterprise of analytic epistemology. It is, however, the conceptual pillars that underpin both the traditional analytic and naturalist epistemologies that are the primary focus. It is (...) a conceptual domain neutral to the priorists and naturalists which Stich calls normative cognitive monism . Normative cognitive monism is the view that there is a unique system of cognitive processes that people should use. The point of Stich's analytical exercise is to disabuse us of the belief that there is such a unique and global set of standards by which cognitive performance is to be evaluated. He argues that all the evidence, both empirical and conceptual, leads away from this ultimately chauvinistic view and converges on normative cognitive pluralism which is the denial of monism. The same evidence that informs normative cognitive monism confirms normative cognitive pluralism. The empirical evidence is provided by the results of celebrated experiments on reasoning, or as Stich calls it, cognitive performance. The conceptual evidence derives from the failure of naturalistic accounts of intentional content. Stich's (1983) derisive view of theories of intentional content adumbrated in From Folk Psychology to Cognitive Science is now the linchpin of his pragmatic theory of cognitive evaluation. (shrink)

This paper explores The New Rhetoric’s concept of universal audience in the contexts of philosophical and traditional rhetorical discourse. It argues that, since Perelman’s final English-language article, published in 1984 to clarify misunderstandings among rhetorical scholars about his theory, rhetorical scholars have persisted in three primary misconceptions of the concept of universal audience: appeals to the real are made only to universal audiences, only universal audiences are qualified to establish the reasonableness of arguments, and only universal audiences prevent The New (...) Rhetoric’s rhetorical theory from degenerating into relativism. It explains why each of these misconceptions is inaccurate and provides a corrected view of universal audience that places it exclusively in the province of philosophical discourse. Finally, it questions whether constructed audiences in general add explanatory power to rhetorical analyses or are merely unnecessary constructs that should be dispensed with for the sake of theoretical parsimony. (shrink)

This paper is concerned with rethinking the nature of social life in terms of how it appears — not to us academics at the centre of it, as consisting in a system, or a plurality of systems -but how it might appear from a position more in on the margins, at those moments when ordinary people must relate themselves to each other, unsystematically and practically. To do this, we must also rethink the nature of language and thought as possessing within (...) these moments, a formative or creative character — for it must have the ability to create practical connections between aspects of people's lives, as required, on the spot. This is to privilege the role of rhetoric in these regions over that of logic. This also leads to a rethinking of ideology and power: as being to do with, not ideas, but the practical shaping (or not) — in moments when in practical communication with others — of collective, sharable forms of life. Where it is in such moments, in which different people meet each other in socially constructing their lives together, that political struggles are their most intense, and where ideology can be detected at work. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.3 (2001) 260-274 [Access article in PDF] Second Thoughts on the Critiques of Big Rhetoric Edward Schiappa This note is divided into three parts. First, I explore some answers to the question "How did Rhetoric get so Big?" Second, I review some of the more important criticisms of a "globalized" or "universalized" view of rhetorical studies. Finally, I contend that the critiques of Big Rhetoric do (...) not withstand scrutiny and ought to be dismissed for insufficient evidence. While there certainly are important issues for scholars of rhetorical studies to consider about how to enhance the quality and importance of our work, such issues should not include the concern that rhetoric has grown too "big."By "Big Rhetoric" I refer only to the theoretical position that everything, or virtually everything, can be described as "rhetorical." I refer to the growth of rhetorical scholarship in communication studies and other disciplines as the "popularization" of rhetorical studies. 1 Theories associated with Big Rhetoric are credited with popularizing or at least rationalizing what Herbert W. Simons (1990) calls the "rhetorical turn" in a variety of disciplines. Within the journals and conventions of members of the National Communication Association (NCA), popularization is often characterized by studies of the form "the rhetoric of X," where X could literally be anything. Outside of the NCA-defined parameters of communication studies, popularization is evidenced by the apparently ever-increasing ranks of scholars who use "rhetoric" as a relevant and important term of art within their scholarship. By either measure, it can be argued fairly convincingly that "rhetoric" has become a widely used construct in scholarship. What I wish to engage is the disputed desirability of broad definitions and the related popularization of rhetoric. [End Page 260] 1. Whence big rhetoric? There are a number of narratives on the rise of Big Rhetoric already in print in communication studies (Simons 1990; Gaonkar 1990), rhetoric and composition (Berlin 1987; Young and Goggin 1993), and interdisciplinary publications (Roberts and Good 1993; Mailloux 2000; Nelson, Megill, and McCloskey 1987). Many accounts identify the 1960s as a turning point. For better or for worse, there was a confluence of changing rhetorical practices, expanding rhetorical theories, and opportunities for rhetorical criticism. The cultural clashes of the 1960s were felt perhaps most acutely on college campuses. The sufficiency of deliberative argument and public address can be said to have been called into question, whether one was an antiwar activist who hated LBJ's war in Vietnam or a pro-establishment stalwart trying to make sense of the rhetoric of protest and demonstration. Years later, scholars would characterize war itself as rhetorical. What counted as rhetorical practice was up for grabs.At about the same time, our understanding of rhetorical theory was being expanded. Here we can identify two main strands of thought. For ease of reference I will call one the symbolic interactionist rationale and the other the epistemological rationale. The symbolic interactionist rationale can be boiled down to a syllogism: All persuasive actions are rhetorical. All symbol/language-use is persuasive. Therefore: All symbol/language-use is rhetorical. Perhaps the two most significant pronouncements of this approach--for my generation of rhetoric scholars, at any rate--are by Richard Weaver and Kenneth Burke. Weaver claims that "language is sermonic" in the sense that whenever we offer a description or label a phenomenon, we are "preaching" a particular way of making sense of it (1970, 201-25). Burke, of course, has two famous (or infamous) statements in Rhetoric of Motives: first, that rhetoric is "the use of language as a symbolic means of inducing cooperation in beings that by nature respond to symbols" (1950, 43); and second, that "something of the rhetorical motive comes to lurk in every 'meaning,' however purely 'scientific' its pretensions. Wherever there is persuasion, there is rhetoric. And wherever there is 'meaning,' there is 'persuasion'" (1950, 172). Obviously, such pronouncements serve as encouragement to [End Page 261] those who would define rhetoric broadly, and arguably fueled the popularization of rhetorical studies within the ranks of NCA.The epistemological rationale is fueled... (shrink)