An approach to argument macrostructure -- The dialectical nature of argument -- Toulmin's problematic notion of warrant -- The linked-convergent distinction, a first approximation -- Argument structure and disciplinary perspective : the linked-convergent versus multiple-co-ordinatively compound distinctions -- The linked-convergent distinction, refining the criterion -- Argument structure and enthymemes -- From analysis to evaluation.

The in-depth comparative analysis of political rhetoric in a Basque newspaper's editorials, published on 17/18 October 1997, and reporting similar events in Basque or Spanish, suggests that the use of these languages involved different constructions of the readership and strategies to express writer/reader communality. The Basque language editorial eventually conveyed an assertive we Basques, stressing the search of unity, differentiation and sovereignty. Conflict/differences between the Basques were omitted, backgrounded or ironised, while differences with the Spanish were foregrounded. The Spanish editorial (...) avoided using the rhetoric of we and blamed specific Basques for the repression of Basque secessionism. Subtle criticism against Euskadi Ta Askatasuna served to include it among the human victims. The implications of such fine-detailed differences are discussed as those linked to the struggle to strengthen a representative democracy patterned on Western models, which presuppose that since conflicting proposals can co-exist, the use of violence is unnecessary for the communities/political institutions’ implementation. (shrink)

This volume contains 12 papers addressed to researchers and advanced students in informal logic and related fields, such as argumentation, formal logic, and communications. Among the issues discussed are attempts to rethink the nature of argument and of inference, the role of dialectical context, and the standards for evaluating inferences, and to shed light on the interfaces between informal logic and argumentation theory, rhetoric, formal logic and cognitive psychology.

Topical Themes in Argumentation Theory brings together twenty exploratory studies on important subjects of research in contemporary argumentation theory. The essays are based on papers that were presented at the 7th Conference of the International Society for the Study of Argumentation in Amsterdam in June 2010. They give an impression of the nature and the variety of the kind of research that has recently been carried out in the study of argumentation. The volume starts with three essays that provide stimulating (...) theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. (shrink)

This volume focuses on dialogue and argumentation in contexts which are marked by truculence and discord. The contributors include well known argumentation scholars who discuss the issues this raises from the point of view of a variety of disciplines and points of view. The authors seek to address theoretically challenging issues in a way that is relevant to both the theory and the practice of argument. The collection brings together selected essays from the 2006 11th Wake Forest University Biennial Argumentation (...) Conference held at Florida Atlantic University in Boca Raton, Florida and the 2012 14th Wake Forest University Biennial Argumentation Conference held at Casa Artom in Venice, Italy. (shrink)

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.

Whether abduction is treated as an argument or as an inference, the mainstream view presupposes a tight connection between abduction and inference to the best explanation. This paper critically evaluates this link and supports a narrower view on abduction. Our main thesis is that merely the hypothesis-generative aspect, but not the evaluative aspect, is properly abductive in the sense introduced by C. S. Peirce. We show why equating abduction with IBE unnecessarily complicates argument evaluation by levelling the status of abduction (...) as a third reasoning mode. We also propose a scheme for abductive argument along with critical questions, and suggest retaining abduction alongside IBE as related but distinct categories. (shrink)

Rhetorician Kenneth Burke’s theory of identification usefully demonstrates how communities are able to engage with difficult, opposing viewpoints as they develop or maintain a sense of shared identity. Identification, “establishing a shared sense of values, attitudes, and interests with [an audience],” is promoted dialogically in the modern national museum in a way that it is difficult for classrooms to emulate. This article examines dialogic national identification particularly through the focus in museums on certain key objects that serve as what Burke (...) termed “mythic images” that ambiguously unify multiple perspectives and translate their debates from the abstract to the concrete. By promoting the reflective identification of one’s personal memories with the collective memory of nationhood, national museums provide an aesthetic/pragmatic space for the dialogical embrace of a public identity that is not merely reflected in its exhibits but also continually reshaped by its visiting individuals. I end with the possibilities, or cautions, these mythic images suggest for varying types of communal identification—a tension inherent as well in Gert Biesta’s arguments for the meaning of a “good” education. (shrink)

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)

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 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)

This article concerns the structure of defeasible arguments like: 'If Bob has red spots, Bob has the measles; Bob has red spots; therefore Bob has the measles.' The issue is whether such arguments have the form of modus ponens or not. Either way there is a problem. If they don't have the form of modus ponens, the common opinion to the contrary taught in leading logic textbooks is wrong. But if they do have the form of modus ponens, doubts are (...) raised about the conventional dogma that all arguments having the form of modus ponens are deductively valid. By carefully examining arguments on both sides of the issue, reasonable doubts are raised about the view that all arguments having a modus ponens form are valid. (shrink)

Rhetorical argumentation is a craft: collective, processual, and circulating, and it partakes in the indeterminate evolution of public norms. Official apologies can illustrate how rhetorical modalities over time can reflect change in civic sensibilities and effect collective moral reflection and evolution. Rhetorical citizenship, understood as encompassing both critical production and reception of publicly circulating arguments, is a way of conceptualizing the interaction between the individual and the collective in the ongoing discursive formation of the community and the norms that inform (...) it. (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 offers a review of the argumentation-theoretical literature on metaphor in argumentative discourse. Two methodologies are combined: the pragma-dialectical theory is used to study the argumentative functions attributed to metaphor, and distinctions made in metaphor theory and the three-dimensional model of metaphor are used to compare the conceptions of metaphor taken as starting point in the reviewed literature. An overview is provided of all types of metaphors distinguished and their possible argumentative functions. The study reveals that not all possible (...) argumentative functions of metaphor have been taken into account, such as the role of conventional direct metaphors in standpoint and starting point. Novel direct metaphor as part of an analogy argument has received most attention, while indirect metaphor can constitute argumentative moves as well, such as the introduction of a standpoint, starting point or connection premise. The overview also shows that certain combinations of variables seem to be impossible of unlikely to occur. These results have a bearing on the analysis of metaphors in argumentative discourse and show the omission in current studies of metaphor. Being aware of these dimensions of metaphor ánd of its potential in argumentation would enrich argumentation studies and metaphor studies alike. (shrink)

In ‘The making of argumentation theory’ van Eemeren and van Haaften describe the contributions made to the five components of a full-fledged research program of argumentation theory by four prominent approaches to the discipline: formal dialectics, rhetoric/pragmalinguistics, informal logic, and pragma-dialectics. Most of these approaches do not contribute to all components, but to some in particular. Starting from the pragma-dialectical view of the relationship between dialectical reasonableness and rhetorical effectiveness – the crucial issue in argumentation theory – van Eemeren and (...) van Haaften explain the positions taken by representatives from the approaches discussed and indicate where they differ from the pragma-dialectical approach. It transpires that approaches focusing on dialectical reasonableness are, next to pragma-dialectics, formal dialectics and informal logic; approaches focusing on rhetorical effectiveness are, next to pragma-dialectics, rhetoric and pragmalinguistics, and the informal logician Tindale. When it comes to the relationship between dialectical reasonableness and rhetorical effectiveness, some interest in it is shown in rhetoric and pragmalinguistics, but only in pragma-dialectics and in Tindale’s work is it a real focus. The main difference between Tindale’s view and the pragma-dialectical view is that in pragma-dialectics the decisive role in deciding about reasonableness is assigned to a code of conduct for reasonable argumentative discourse and in Tindale’s approach this role is assigned to Tindale’s interpretation of the Perelmanian universal audience. (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)

The paper reacts against the strict separation between dialectical and rhetorical approaches to argumentation and argues that argumentative discourse can be analyzed and evaluated more adequately if the two are systematically combined. Such an integrated approach makes it possible to show how the opportunities available in each of the dialectical stages of a critical discussion have been used strategically to further the rhetorical aims of the speaker or writer. The approach is illustrated with the help of an analysis of an (...) `advertorial' published by R. J. Reynolds Tobacco Company. (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)

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)

This theoretical expose explores the complex notion of argumentative style, which has so far been largely neglected in argumentation theory. After an introduction of the problems involved, the theoretical tools for identifying the properties of the discourse in which an argumentative style manifests itself are explained from a pragma-dialectical perspective and a theoretical definition of argumentative style is provided that does full justice to its role in argumentative discourse. The article concludes with a short reflection upon the next steps that (...) need to be taken in argumentation theory in further substantiating the notion of argumentative style. (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)

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.

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)

One manifestation of argumentation is in critical discussions where people genuinely strive cooperatively to achieve critical decisions. Hence, argumentation can be recognized as the process of advancing, supporting, modifying, and criticizing claims so that appropriate decision makers may grant or deny adherence. This audience-centered definition holds the assumption that the participants must willingly engage in public debate and discussion, and their arguments must function to open a critical space and keep it open. This essay investigates `ideological pronouncement,' a kind of (...) rhetoric that undermines and limits the possibility of critical discussion among target audiences, as an enemy of sound argumentation. First, the essential characteristics of sound argumentation are explained. Next, the typical characteristics of ideological rhetoric are described. At the same time, the Cardinal Principles of the National Entity of Japan, a Japanese wartime moral education textbook, is examined as a paradigm case of ideological rhetoric. Third, three key pronouncements of the Cardinal Principles are outlined and discussed. Finally, implications from the critical discussion are drawn. (shrink)

Few automated legal reasoning systems have been developed in domains of law in which a judicial decision maker has extensive discretion in the exercise of his or her powers. Discretionary domains challenge existing artificial intelligence paradigms because models of judicial reasoning are difficult, if not impossible to specify. We argue that judicial discretion adds to the characterisation of law as open textured in a way which has not been addressed by artificial intelligence and law researchers in depth. We demonstrate that (...) systems for reasoning with this form of open texture can be built by integrating rule sets with neural networks trained with data collected from standard past cases. The obstacles to this approach include difficulties in generating explanations once conclusions have been inferred, difficulties associated with the collection of sufficient data from past cases and difficulties associated with integrating two vastly different paradigms. A knowledge representation scheme based on the structure of arguments proposed by Toulmin has been used to overcome these obstacles. The system, known as Split Up, predicts judicial decisions in property proceedings within family law in Australia. Predictions from the system have been compared to those from a group of lawyers with favourable results. (shrink)

At a recent rally, Donald Trump resumed a habit he had developed during his election-rallies and read out the lyrics to a song. It tells the Aesopian fable of The Farmer and the Snake: A half frozen snake is taken in by a kind-hearted person but bites them the moment it is revived. Trump tells the fable to make a point about Islamic immigrants and undocumented immigrants from Southern and Central America: He claims the immigrants will cause problems and much (...) stricter immigration-policies are needed. I assume that Trump treats the fable as an argumentative device for supporting his stance on immigration. He uses it as a source-analogue both for the conclusion that immigrants will cause problems and for changing the frame in which immigrants and those willing to let them enter are seen. This gives me opportunity to examine the effect fables have as argumentative devices. Fables are a popular and effective choice for political argumentation. They are slimmed down, semi-abstract narratives, well suited for directing the audience's attention to a few properties of an otherwise complex situation. However, this also makes it easy to use them for manipulating an audience into oversimplifying complex contexts and stereotyping human beings. (shrink)

When a new theory of argumentation becomes available on the English-speaking market, such as it is happening now through the translation of Harald Wohlrapp’s The Concept of Argument, it is always interesting to work out how the new input will interact with the work that has otherwise been done in the field. This comment aims to determine whether rhetoric has a place in Wohlrapp’s account of argumentation.

Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...) are used to show that an equivalent present decision would also be justified. Both arguments are a type of argument by analogy. They differ in their structures and conditions of cogency, even though they often look the same in presentation. Their similar appearance poses a risk of miss-evaluation and fallacious use. Therefore a clearly theorized distinction is important. (shrink)

Arguments from thought experiment ask the reader to imagine some hypothetical, sometimes exotic, often fantastic, scenario for the sake of illustrating or countering some claim. Variously characterized as mental experimentation, imaginary cases, and even crazy cases, thought experiments figure into both scientific and philosophical arguments. They are often criticized for their fictive nature and for their lack of grounding. Nevertheless, they are common especially in arguments in ethics and philosophy of mind. Moreover, many thought experiments have spawned variations that attempt (...) to both affirm and refute their original arguments. These emended thought experiments exhibit a variety of styles, details, and embellishments. A rhetorical analysis of these variations suggests a reciprocal influence between the arguers' selection of details and their philosophical commitments. I offer examples of this relationship from the variations on John Searle's Chinese Room thought experiment and Judith Thomson's unconscious violinist thought experiment. (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)

In noting contemporary neglect of Mill's work on fallacy, Hansen and Pinto say that his account is tied more closely to scientific methodology than to problems of public discourse and everyday argumentation. This paper re-examines Mill's fallacies from a rhetorical perspective, assessing the extent to which his examples – drawn from the domains of popular superstition, science, philosophy, and public discussion – fit his theoretical structure. In articulating the relationship between Mill's philosophical assumptions and the discursive practices of the fields (...) from which he draws his examples, it will suggest the ambiguities in Mill's mentalistic, rationalistic, inductivist approach and the inescapable rhetoricity of his examples. (shrink)

In this article, I defend the idea that there are important differences between lying in politics and lying in general. My aim is to show that the issues with political lies do not have to do only with metaphysical or conceptual questions regarding what politics is or what the concept of the political means, or only with the validity of the excuses and justifications commonly offered in favor of political liars. I hold that the political lie is a special form (...) of lie due, first, to the peculiarity of the use of language in politics, and second, to the function that political lies play in political discussions: they undermine several epistemic conditions needed to impartially discuss social disagreements. In this work, however, I leave unanswered the question of what might be the best way to account for the epistemic conditions of democratic political discussion. (shrink)

Argument, in any full sense of the word, needs resources and assumptions that postmodernism does not provide. Postmodernism is not a phenomenon that emerged ‘after modernism,’ as it were, to replace it; postmodernism is just an ultimate expression of the nihilistic tendencies of modernism, tendencies which were present from its beginning and have continued to the present. A radical critique of modernism undercuts postmodernism as well and clears the way for a revival of realist foundations for argument and rhetoric.

In her 1996 and 2006 essays “Being and Becoming: Rhetorical Ontology in Early Greek Thought” and “The Task of the Bow: Heraclitus’ Rhetorical Critique of Epic Language,” Carol Poster was the first to argue for the historical and theoretical relevance of Heraclitus in the discipline of rhetoric. Despite the admonitions of Edward Schiappa (1999) and Thomas Cole (1991) against applying rhetorical theories that only emerged after the fourth century BCE to pre- or proto-rhetorical texts, Poster argues that Heraclitus merits the (...) attention of rhetorical as well as philosophical scholarship not only because Heraclitus had such a profound influence on the thought and work of thinkers who would later become the ancient .. (shrink)

Although he does not provide a general analysis of argumentation, Aristotle is a highly influential source of modern argumentation theory. In his treatises the Topics, the Sophistical Refutations and the Rhetoric, Aristotle presents complementary aspects of a theory of sound arguments that are seen as the most effective means of persuasion. Aristotle’s central notion of a deductive argument (sullogismos) does not include references to an addressee, the situative context or non-verbal aspects of communication, and thus differs from some modern views (...) on argumentation. A deductive argument in the Aristotelian sense is a sequence of intellectual steps where the conclusion follows of necessity from the premises. Aristotle does not relativize or relax this notion but takes other factors into account by providing supplementary theoretical elements. For example, he reflects on acceptable premises (endoxa), the adjustment of rhetorical arguments to the horizon of the audience, methods of finding premises on the basis of argumentative schemes (topoi), the use of non-argumentative means of persuasion, and a framework of implicit discourse rules. Many of these themes are, albeit under a different name, still discussed in modern argumentation theory. (shrink)

This paper takes up Berman and Hafner's (1993) challenge to model legal case-based reasoning not just in terms of factual similarities and differences but also in terms of the values that are at stake. The formal framework of Prakken and Sartor (1998) is applied to examples of case-based reasoning involving values, and a method for formalising such examples is proposed. The method makes it possible to express that a case should be decided in a certain way because that advances certain (...) values. The method also supports the comparison of conflicting precedents in terms of values, and it supports debates on the relevance of distinctions in terms of values. (shrink)

The four contributions in this special issue on Argumentation Through Languages and Cultures deals with clear cases of such argumentative situations as they develop in different cultures and language groups. One of these papers comes from the Inuit oral culture; three papers from written cultures, Chinese, Muslim and Indian cultures. Among written cultures, the Indian and Muslim cultures have developed sophisticated theories of argument, while the Chinese culture, according to Graham, combined “a sense of rigorous proof with the indifference to (...) logical forms”. (shrink)

Computational approaches to the law have frequently been characterized as being formalistic implementations of the syllogistic model of legal cognition: using insufficient or contradictory data, making analogies, learning through examples and experiences, applying vague and imprecise standards. We argue that, on the contrary, studies on neural networks and fuzzy reasoning show how AI & law research can go beyond syllogism, and, in doing that, can provide substantial contributions to the law.

Many public information documents attempt to persuade the recipients that they should engage in or refrain from specific behaviour. This is based on the assumption that the recipient will decide about his or her behaviour on the basis of the information given and a rational evaluation of the pros and cons. An analysis of 20 public information brochures shows that the argumentation in persuasive brochures is often not marked as such. Argumentation is presented as factual information, and in many instances (...) the task of making argumentational links and drawing conclusions is left to the reader. However, since the information offered does follow familiar argumentational schemes, readers can, in principle, reconstruct the argument. All the brochures make use of pragmatic argumentation (argumentation from consequences),i. e.,they formulate at least certain benefits of the desirable behaviour or disadvantages of the undesirable behaviour. In addition, they make regular use of argumentation from cause to effect and argumentation from example. Argumentation from rules and argumentation from authority are less frequently used. This empirical analysis of the use of argumentation schemes is a solid base for interesting and rich hypotheses about the cognitive processing of persuasive brochures. Central processing requires the reader to be able to reconstruct argumentation from informational texts and to identify and evaluate various types of argumentation. (shrink)