Argument teachers and scholars have frequently invoked external justification-impressing one's viewpoint upon another-as the primary social function of argument. Pluralism and fundamental disagreement in contemporary democratic societies raise questions regarding the status of argument, including the functions argument should serve. In this essay, I suggest alternatives of agenda expansion, responsibility attribution, and identity formation as important functions of argument in diverse societies. Thesealternative functions are especially important under conditions of social inequality, since they allow less powerful individuals and groups to (...) confront more powerful actors in situations where decision making is not open to all. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 35.4 (2002) 345-367 [Access article in PDF] Imagining in the Public Sphere Robert Asen Contemporary public sphere scholarship has been motivated significantly by a concern to overcome historical and conceptual exclusions in public spheres. Recent theory and criticism has investigated direct and indirect exclusions. Direct exclusions expressly prevent the participation of particular individuals and groups in public discussions and debates. Prohibitions against women speaking in public, (...) for example, have served historically to inhibit women's participation in various forums (see, e.g., Landes 1998). Indirect exclusions function tacitly through discursive norms and practices that prescribe particular ways of interacting in public forums. Indirect exclusions compel participants to conform to established modes of discourse that effectively negate the perspectives and contributions of previously directly excluded individuals and groups. Calls for "objective" and "dispassionate" debate, for instance, sometimes have restricted public agendas by portraying culturally specific forms of address as universally practiced (see, e.g., Warner 1993). Indirect exclusions may regulate discourse in various forums even when direct exclusions have been counteracted. Scholarship seeking to overcome these exclusions has proceeded on two levels. On one level, scholars have recounted the efforts of excluded persons to participate in public life despite restrictions by developing alternative modes of publicity (see, e.g., Ryan 1990; Zaeske 2002). On a second level, theorists have proposed more inclusive conceptual models of the public sphere that may overcome historical exclusions of the bourgeois public sphere while retaining a commitment to critical publicity (see, e.g., Asen 1999; Benhabib 1996; Hauser 1999; Mouffe 2000).Practicing democratic discourse fairly and justly depends indispensably on enabling inclusion. Proponents of deliberative democracy argue that political legitimacy arises from processes of inclusive public debate. Seyla Benhabib asserts that "legitimacy in complex societies must be [End Page 345] thought to result from the free and unconstrained public deliberation of all about matters of common concern" (1996, 68). Others regard inclusive public discourse as crucial for the formation of affirmative individual and collective identities. Craig Calhoun faults bourgeois notions of publicity for treating "identity formation as essentially private and prior to participation in the idealized public sphere of rational-critical discourse" (1993, 274). Identity formation entails mutual recognition among members of diverse cultures, yet theorists have observed that truncated discursive processes may inhibit mutual recognition. Charles Taylor writes that practicing a politics of recognition requires an openness toward other cultures—a presumption of value tested through sustained engagement so that "what we have formerly taken for granted as the background to valuation can be situated as one possibility alongside the background of the formerly unfamiliar culture" (1994, 67). Inclusiveness is also important for individuals and groups seeking to advance self-fashioned interpretations of their interests and needs against interpretations imposed by others. Nancy Fraser explains that self-fashioning is necessary because in public debates and controversies "who gets to establish authoritative thick definitions of people's needs is itself a political stake" (1989, 164).Although inclusion is indispensable, exclusion is never total. Sometimes, people force their way into public forums and agendas. For example, participation by activists in discussions of AIDS research and treatment often has been limited by researchers' assertions of expert privilege in investigating scientific matters. Valeria Fabj and Matthew J. Sobnosky (1995) detail how AIDS activists have responded by engaging in discursive acts of redefinition and translation to gain entry into previously circumscribed forums. At other times, people surreptitiously access public arenas. Prison writing is one way that those officially banished from public view nevertheless continue to participate in oppositional discourses and movements. Gerard A. Hauser (2001) considers how dissident Adam Michnik remained a vibrant voice in Polish civil society through his writings even after his imprisonment in the 1980s by an authoritarian regime. At still other times, typically excluded people may be invited to participate in public discussions. Members of the AIDS activist group ACT UP occasionally have testified in the traditional setting of the congressional committee hearing as invited witnesses. Daniel C. Brouwer (2001) maintains that politically sympathetic committee chairs facilitated ACT UP's "official" appearances before members of Congress. Whether invited or... (shrink)

The last decade of the Qing dynasty and Republican period saw intensive efforts to revise the Qing Code, promulgate modern legal codes based on Japanese and German law, establish a modern system of courts, and develop a professional corps of lawyers and jurists. These institutional reforms were implemented as part of the drive to have extraterritoriality rescinded and safeguard the sovereignty of the Qing dynasty and then Republic of China. The reforms were accompanied by new categories within civil and criminal (...) law, new conceptions of legal knowledge and expertise, and rich discussions over sources of law which took place within the legal realm as well as the readership of Republican newspapers and journals. If, as Roger Berkowitz writes in his study of scientific codification in continental Europe, “in a legal system, there must be some way that the law comes to be known,” how did ways of knowing law change during this period of legal reform and broader intellectual change? Through a survey of jurisprudence textbooks and other legal publications, this paper argues that writers in early 20th-century China came to define jurisprudence in positivistic terms, ultimately using new conceptions of science and social science to identify its place within a new ordering of modern knowledge. (shrink)

The Great Recession of 2008 underscored the precarity of housing for many people living in the United States, as well as the unequal conditions that structure housing policy and practices. Victimized by predatory lending practices, many families lost their homes as a speculative housing bubble burst. Facing tremendous uncertainty, these families joined tens of thousands of others across the country who struggle with housing for a variety of reasons—leaving an abusive partner, struggling with medical and other unforeseen expenses, coping with (...) addiction and/or mental illness, and more. Indeed, as Melanie Loehwing explains in her important new book, “housed” and “unhoused” represent not fixed categories or stable life... (shrink)