Arguing that our attachment to Aristotelian modes of discourse makes a revision of their conceptual foundations long overdue, the author proposes the consideration of unacknowledged factors that play a central role in argument itself. These are in particular the subjective imprint and the dynamics of argumentation. Their inclusion in a four-dimensional framework and the focus on thesis validity allow for a more realistic view of our discourse practice. Exhaustive analyses of fascinating historical and contemporary arguments are provided. These range from (...) Columbus’s advocacy of the Western Passage to India, over the trial of King Louis XVI during the French Revolution, to today’s highly charged controversies surrounding euthanasia and embryo research. Excavating foundational issues such as the purpose of argument itself and the contested role of argument as a generator of knowledge, the book culminates in a discussion of the relationship between rationality and reasonableness and criticizes the restrictions of ‘rational’ argument relying on fixed logical, economic or cultural criteria that in reality are mutable. Here, a true, open argument requires the infusion of Paul Lorenzen’s principle of ‘transsubjectivity’, which recognizes but transcends the partiality of the individual and which can be seen in the pragmatic and expanding consensus that humanity can control itself to safeguard the future of a fragile, damaged world. (shrink)

Twenty-five years ago, field theory was among the most contested issues in argumentation studies. Today, the situation is very different. In fact, field theory has almost disappeared from disciplinary debates, a development which might suggest that the concept is not a useful aspect of argumentation theory. In contrast, I argue that while field studies are rarely useful, field theory provides an essential underpinning to any close analysis of an argumentative controversy. I then argue that the conflicting approaches to argument fields (...) were in fact not inconsistent, but instead reflected different aspects of field practices. A coherent approach to field theory can be developed by considering the way that all aspects of argumentative practice develop based on the purposes of arguers in an argumentative context. I then extend that position to argue that a justifiable theory of argumentation, which makes claims beyond the descriptive, must have at its core an analysis of the way that purpose constrains argumentation practice. In this view, the ultimate justification of principles found in a prescriptive or evaluative theory of argument must be in the way those principles fulfill practical problem-solving purposes related to the epistemic function of argument. (shrink)

This paper is concerned with argumentation in legal proceedings, namely in criminal cases. My interest is to explore how in the legal realm different argumentation fields interact, the juridical field being just one of them. The paper lays out an approach of studying argumentation in the legal realm in the framework of an ethnographic methodology by identifying the “topical rules” the participants in criminal trials adhere to. Suggesting the notion of field-dependence as a good starting point for the analysis of (...) legal argumentation, I will give several examples of different fields of argumentation interacting in criminal proceedings. The examination of what counts as a good reason and how arguments are employed, negotiated, and evaluated within a criminal proceeding might shed light on the practice of constructing facts and arriving at decisions in court. It can furthermore point at the constitution of legal rationality and how it is produced in criminal trials. I argue that rationality in criminal proceedings is interactively accomplished by negotiating different standards of validity. (shrink)

Since Toulmin’s discovery of the field-dependency of arguments, and Perelman’s emphasis on audiences, argumentation theorists have developed the notion of “spheres of arguments” or “argument communities”. Since argument communities are communities of discourse guided by the participants’ cog-nitive experiences, they are also cognitive communities. “Cognitive breaks” between different argument communities will produce misunderstanding and futile argument. The paper will investigate “cognitive breaks” and describe in which ways they may obstruct reasonable argumentation between communities.

According to an everyday concept of 'argumentation' the presence of authority rules out the possibility for argumentation. However, in the case of appeal to authority, e.g., argumentation and authority coexist. The analysis of teacher-and-student interactions shows that a teacher's utterances are critically evaluated by the students, although these may lack relevant knowledge for adequate evaluation. The teacher cannot rely upon his authority alone; if the students accept what she says, the acceptance can be said to be the positive result of (...) a critical evaluation based on the students' knowledge about the subject. Therefore, a dialogical concept of argument acceptability, related to a conception of a genuine argumentativity of language use, is introduced which 1) states that acceptability is connected to the knowledge/information available to an addressee, and 2) can account for why appeals to authority are accepted as rational arguments. (shrink)