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)

Argumentation is pervasive in everyday life. Understanding what makes a strong argument is therefore of both theoretical and practical interest. One factor that seems intuitively important to the strength of an argument is the reliability of the source providing it. Whilst traditional approaches to argument evaluation are silent on this issue, the Bayesian approach to argumentation (Hahn & Oaksford, 2007) is able to capture important aspects of source reliability. In particular, the Bayesian approach predicts that argument content and source reliability (...) should interact to determine argument strength. In this paper, we outline the approach and then demonstrate the importance of source reliability in two empirical studies. These experiments show the multiplicative relationship between the content and the source of the argument predicted by the Bayesian framework. (shrink)

In this article, we argue for the general importance of normative theories of argument strength. We also provide some evidence based on our recent work on the fallacies as to why Bayesian probability might, in fact, be able to supply such an account. In the remainder of the article we discuss the general characteristics that make a specifically Bayesian approach desirable, and critically evaluate putative flaws of Bayesian probability that have been raised in the argumentation literature.

Norms—that is, specifications of what we ought to do—play a critical role in the study of informal argumentation, as they do in studies of judgment, decision-making and reasoning more generally. Specifically, they guide a recurring theme: are people rational? Though rules and standards have been central to the study of reasoning, and behavior more generally, there has been little discussion within psychology about why (or indeed if) they should be considered normative despite the considerable philosophical literature that bears on this (...) topic. In the current paper, we ask what makes something a norm, with consideration both of norms in general and a specific example: norms for informal argumentation. We conclude that it is both possible and desirable to invoke norms for rational argument, and that a Bayesian approach provides solid normative principles with which to do so. (shrink)

Although contemporary dialectical logic recognizes an important role for the opponent in argumentation, it remains loyal to the idea that arguments are supportive. In this paper, it is argued that because of this dialectical logic does not take seriously its own dialogical perspective. Without acknowledging a substantial role for rebutting factors in argumentation, the role of the opponent remains secondary. Toulmin’s understanding of the rebuttal suggests a way to incorporate such a substantial role of the opponent.

This paper will examine chronically derailed church-state separation arguments in order to explore the extent to which rhetorical and dialectical approaches can be reconciled. I will consider broader conceptions of rhetoric than those employed to date in studies of strategic manoeuvring. While rhetorical appeals, such as claims of persecution, can terminally polarize church-state arguments, they may also serve as means for recovering from dialectical derailment.