In this paper, close attention is paid to the argumentative patterns resulting from combining pragmatic argumentation in which a recommendation is made with arguments in which the majority is invoked. I focus on such argumentative patterns as employed by European parliamentary committees of inquiry conducting inquiries into the activity of the Equitable Life Assurance Society. By incorporating legal and political insights about the activity of these parliamentary committees of inquiry into a pragma-dialectical argumentative approach, an analysis will be given of (...) the selected argumentative pattern. This analysis will reveal which standpoints are supported by which arguments and how these arguments relate to each other to increase the acceptability of the recommendation made. In addition, the analysis will explain the arguer’s argumentative choices in the pattern employed. (shrink)

In this paper, the author examines the use of pragmatic argumentation in European practices of political accountability in which the politicians explain and justify a future course of action which they plan to undertake in order to solve an existing problem. The author explains some vital institutional characteristics of the practices under discussion and demonstrates how these institutional characteristics constrain the use of pragmatic argumentation. In addition, the author shows which criteria arguers commonly invoke in practices of political accountability to (...) make their pragmatic arguments acceptable to critics. (shrink)

The European Union is making increased efforts to find simpler and more effective ways to function adequately in the eyes of its citizens by using ‘soft law’ instruments such as recommendations. Although they have no legally binding force, recommendations have practical and legal effects occurring partly due to their normative content in which a course of action is prescribed and further supported by arguments intended to persuade the addressees of a political position. Although recommendations function as persuasive instruments due to (...) their argumentation, the characteristics of argumentation and how it is employed to convince the addressee to comply with certain measures have not been investigated at all. The main goal of the paper is to explain how arguments are used by the European Commission when recommending Member States to follow a new course of action. First, we will unravel the justificatory reasons employed by the Commission in order to make Member States comply with new measures and we will show how these reasons are combined into an argumentative pattern : 1–23, 2016; J Argum Context 6: 3–26, 2017). This pattern basically prescribes a course of action to Member States, which is further supported by arguments in which the necessity and advantages of following the proposed course of action are justified. Second, we will explain how and why the way in which the arguments are combined in this complex pattern could be potentially persuasive for the Member States despite the legally non-binding character of recommendations. We will show that the European Commission tries to persuade the Member States to take new measures by evading the burden of proof imposed by the legislative framework. At a more specific level of analysis, we will delve into the implicit premises in the argumentation, which enable us to identify cases of evasion of the burden of proof due to the Commission’s use of implicit starting points which might not be accepted by the Member States. (shrink)

In this paper, the author examines the burden of proof in the argu- mentative confrontations taking part in practices of political accountability. She does so by explaining how politicians maneuver strategically with the burden of proof in an attempt at winning the discussion in which they are involved. After making clear the role of the burden of proof in defining the difference of opinion in argumentative confrontations, the author outlines the constraints imposed by practices of political accountability on the burden (...) of proof. Finally, she analyzes in detail a concrete case in which a politician maneuvers in such a way that his burden of proof is significantly diminished. (shrink)

The use of numerical arguments has become part and parcel of evidence-based policymaking, serving increasingly as scientific evidence which is used to back up policy decisions and to convince citizens of the acceptability of those decisions. But numerical arguments and their quality and potential persuasive role in the specific institutional context of policymaking have received little treatment within argumentation theory. This paper endeavours to explain the forms, functions, and quality of numerical arguments in policymaking.

The use of numerical arguments has become part and parcel of evidence-based policymaking, serving increasingly as scientific evidence which is used to back up policy decisions and to convince citizens of the acceptability of those decisions. But numerical arguments and their quality and potential persuasive role in the specific institutional context of policymaking have received little treatment within argumentation theory. This paper endeavours to explain the forms, functions, and quality of numerical arguments in policymaking.