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  1. The Balancing Exercise and the Resolution of Rhetorical Antinomies in Judicial Decision‐Making.Anita Soboleva - 2024 - Ratio Juris 37 (2):161-183.
    The “balancing exercise” engaged in by judges in cases involving conflicts of rights can be analysed in rhetorical terms as a process for resolving rhetorical antinomies, where an antinomy is understood as a contradiction between two equally justifiable conclusions drawn from two or more equally applicable rules or principles. By investigating the possible responses to antinomies and identifying their types, we can better understand the process of judicial decision‐making and the ways which international and national courts justify their decisions.
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  • Suspending Belief and Suspending Doubt: The Everyday and the Virtual in Practices of Factuality. [REVIEW]Nicolas J. Zaunbrecher - 2012 - Human Studies 35 (4):519-537.
    From an ethnomethodological perspective, this article describes social actors’ everyday and virtual stances in terms of their practices of provisional doubt and belief for the purpose of fact-establishment. Facts are iterated, reinforced, elaborated, and transformed via phenomenal practices configuring relations of equipment, interpretation, and method organized as “other” than, but relevant to, the everyday. Such practices in scientific research involve forms of suspended belief; in other areas they can instead involve forms of suspended doubt. As an illuminating example of this (...)
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  • Adaptation to context.Charles Arthur Willard - 1991 - Argumentation 5 (1):91-107.
    Argument theorists often stress the idea of adaptation to context as an alternative to seeing argument as linked propositions. But adaptation is not a clear idea. It is in fact a complicated puzzle. Though many aspects of this puzzle are obscure, one clear conclusion is that the question-answer pair is not a good way to conceptualize adaptation to situation.
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  • Rhetoric and Argumentation: An Introduction.Joseph W. Wenzel - 1993 - Informal Logic 15 (1).
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  • Place, Image and Argument: The Physical and Nonphysical Dimensions of a Collective Ethos.Jianfeng Wang - 2020 - Argumentation 34 (1):83-99.
    “Place” as an argumentative domain, which has been taken for granted and treated by theorists of argumentation simply as a physical notion designating the occasion where an argumentation takes place, carries far more complex meanings beyond its traditionally assumed domain in the following three dimensions: as a geographical locale; as a concept, an idea, a history or a notion with its own disputable narratives and presumptions; and as an imaginative geography. Similarly, an image or a character projected through argumentative discourse (...)
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  • Place, Image and Argument: The Physical and Nonphysical Dimensions of a Collective Ethos.Jianfeng Wang - 2020 - Argumentation 34 (1):83-99.
    “Place” as an argumentative domain, which has been taken for granted and treated by theorists of argumentation simply as a physical notion designating the occasion where an argumentation takes place, carries far more complex meanings beyond its traditionally assumed domain in the following three dimensions: as a geographical locale; as a concept, an idea, a history or a notion with its own disputable narratives and presumptions; and as an imaginative geography. Similarly, an image or a character projected through argumentative discourse (...)
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  • Perils of a modern Cassandra: Rhetorical aspects of public indifference to the population explosion.Craig Waddell - 1994 - Social Epistemology 8 (3):221 – 237.
    (1994). Perils of a modern Cassandra: Rhetorical aspects of public indifference to the population explosion. Social Epistemology: Vol. 8, Public Indifference to Population Issues, pp. 221-237.
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  • Caught between history and imagination: Vico's ingenium for a rhetorical renovation of citizenship.Alessandra Beasley Von Burg - 2010 - Philosophy and Rhetoric 43 (1):pp. 26-53.
    In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...)
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  • Caught Between History and Imagination: Vico's Ingenium for a Rhetorical Renovation of Citizenship.Alessandra Beasley Von Burg - 2010 - Philosophy and Rhetoric 43 (1):26-53.
    In lieu of an abstract, here is a brief excerpt of the content:Caught Between History and ImaginationVico's Ingenium for a Rhetorical Renovation of CitizenshipAlessandra Beasley Von BurgCitizenship is usually thought of as synonymous with nationality and the rights and duties associated with the people who live, work, and participate politically, socially, and economically within the borders of their nation-state. In this conception, the main criterion used to decide who is and who is not a citizen is nationality. As the nature (...)
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  • A cognitive framework for understanding genre.Carla Vergaro - 2018 - Pragmatics and Cognition 25 (3):430-458.
    The purpose of this paper is to apply theEntrenchment-and-Conventionalization Model(EC-Model hereafter; seeSchmid 2014,2015,2016,2017,2018;Schmid & Mantlik 2015) of language knowledge to genre, with the aim of showing how a unified theory of the relation between usage and linguistic knowledge and convention can shed light on the way genre knowledge becomes entrenched in the individual and shared conventional behavior in communities. The EC-Model is a usage-based and emergentist model of language knowledge and convention rooted in cognitive linguistics and usage-based approaches. It sees (...)
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  • Criticism in Need of Clarification.Jan Albert van Laar - 2014 - Argumentation 28 (4):401-423.
    It furthers the dialectic when the opponent is clear about what motivates and underlies her critical stance, even if she does not adopt an opposite standpoint, but merely doubts the proponent’s opinion. Thus, there is some kind of burden of criticism. In some situations, there should an obligation for the opponent to offer explanatory counterconsiderations, if requested, whereas in others, there is no real dialectical obligation, but a mere responsibility for the opponent to cooperate by providing her motivations for being (...)
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  • Political rhetoric and its relationship to context: a new theory of the rhetorical situation, the rhetorical and the political.Nick Turnbull - 2017 - Critical Discourse Studies 14 (2):115-131.
    ABSTRACTPolitical rhetoric is underpinned by its relationship to context. Scholars have struggled to articulate this relationship by relying upon an ontological perspective of rhetoric and situation. This paper utilizes a new, problematological philosophy of rhetoric in context that overcomes these limitations. This approach employs a logic of question and answer which articulates the contingency of rhetoric as well as the structuring effects of context, conceived as social distance. This paper makes three conceptual innovations; philosophically redefining the rhetorical situation via a (...)
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  • Pragmatics and Pragmatic Considerations in Explanation.Mark Dietrich Tschaepe - 2009 - Contemporary Pragmatism 6 (2):25-44.
    I provide a brief history of pragmatics as it relates to explanation, highlighting the great neglect of pragmatics and pragmatic considerations in regard to explanation during the mid-twentieth century. In order to understand pragmatic considerations regarding explanation, I utilize the work of Bas C. van Fraassen, Peter Achinstein, and Jan Faye. These thinkers provide crucial tools for understanding pragmatics, especially with regard to concepts such as context and exigence. The work of these thinkers provides the platform from which I compose (...)
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  • Cicero on Pompey’s Command: Heuristic Rhetoric and Teaching the Art of Strategic Reasoning.Gabor Tahin - 2018 - Topoi 37 (1):143-154.
    Through the example of a paradigmatic deliberative speech from classical oratory, the paper addresses two fundamental questions of teaching rhetorical reasoning. First, the paper shows that a speech from ancient Greek and Roman political or judicial oratory could provide effective means to teach a variety of argumentation skills, the recognition of fallacies and an awareness of biases in the target audience. Second, the paper uses the speech to consider an elusive problem of rhetorical or critical reasoning instruction, namely how students (...)
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  • Without a World: The Rhetorical Potential and "Dark Politics" of Object-Oriented Thought.Scott Sundvall - 2018 - Philosophy and Rhetoric 51 (3):217-244.
    I talked to my chair for hours, without it responding—and then I heard its voice, its desire, its rhetoric: sit in me.A new specter of materialist thought, conveniently cloaked in "realism," now haunts philosophy and rhetoric—object-oriented ontology and object-oriented rhetoric.1 Ostensibly, OOO arrives as the logical next step for theories of anti-, extra-, and post-humanism that have, over the past several decades, sought to destabilize the privileged position of human exceptionalism....
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  • Migrating across disciplinary boundaries: The case of the periodicity paper of David Raup and John Sepkoski.Dale L. Sullivan - 1995 - Social Epistemology 9 (2):151 – 164.
    (1995). Migrating across disciplinary boundaries: The case of the periodicity paper of David Raup and John Sepkoski. Social Epistemology: Vol. 9, Boundary Rhetorics and the Work of Interdisciplinarity, pp. 151-164.
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  • John Dewey and the question of artful criticism.Scott R. Stroud - 2011 - Philosophy and Rhetoric 44 (1):27-51.
    Defining “criticism” is a simple—but bedeviling—task. No less a critic and theorist than Edwin Black begins with the simple statement that “criticism is what critics do.” While he admits that this seems like an empty definition, Black does note that it has one redeeming feature—“It compels us to focus on the critic” (1978, 4). Criticism and those who engage in it are integrally connected, and any account of critical activity must deal with both the activity and its actor. In this (...)
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  • News as a Rhetorical Act.Barbara Sobczak - 2016 - Acta Universitatis Lodziensis. Folia Litteraria Polonica 35 (5):43-58.
    This article presents television news as a rhetorical act. Television news is understood as an account of an event usually comprising of a short introduction and a few minutes of film footage, created as a result of the work of reporters, broadcast on television, usually as one of the elements in the structure of a news magazine, but also as an element of the programme blocks of news television channels. Television news functions in the media as one of the elements (...)
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  • Persuasion in Romans 5:12-21.Andries Snyman - 2016 - HTS Theological Studies 72 (3).
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  • Uniting the Pre-Health Humanities with the Introductory Composition Course.Amy Rubens - 2017 - Journal of Medical Humanities 38 (4):361-371.
    Drawing on my experiences at a teaching-focused university, I show how locating the health humanities in first-year or introductory composition courses improves learning and offers an economical, flexible, and far-reaching approach to bringing a health humanities education to all baccalaureate-level learners, regardless of whether they aspire to careers in the health professions. In terms of improving learning, health humanities composition courses support the disciplinary aims of both fields. Accessible, relevant issues in the health humanities, such as interventions in health debates (...)
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  • Introduction: Multimodality in argumentation.Andrea Rocci & Chiara Pollaroli - 2018 - Semiotica 2018 (220):1-17.
    Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 220 Seiten: 1-17.
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  • Economic-financial jounralists as argumentative intermediaries.Andrea Rocci & Margherita Luciani - 2016 - Journal of Argumentation in Context 5 (1):88-111.
    The paper offers a single-case analysis of newsmaking discourse, considering the source, the writing process and the news product from the vantage point of argumentation. The case study examines how a journalist of the business-finance desk of a generalist newspaper copes with the argumentative and persuasive nature of the corporate press releases on financial results on which he depends for his reporting. The paper contributes to the understanding of journalistic practices in the economy-finance desk showing that even within the constrained (...)
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  • Rhetoric, Cogency, and the Radically Social Character of Persuasion: Habermas's Argumentation Theory Revisited.William Rehg - 2013 - Philosophy and Rhetoric 46 (4):465-492.
    What can rhetoric tell us about good arguments? The answer depends on what we mean by “good argument” and on how we conceive rhetoric. In this article I examine and further develop Jürgen Habermas’s argumentation theory as an answer to the question—or as I explain, an expanded version of that question. Habermas places his theory in the family of normative approaches that recognize (at least) three evaluative perspectives on all argument making: logic, dialectic, and rhetoric, which proponents loosely align with (...)
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  • Cogency in Motion: Critical Contextualism and Relevance. [REVIEW]William Rehg - 2009 - Argumentation 23 (1):39-59.
    If arguments are to generate public knowledge, as in the sciences, then they must travel, finding acceptance across a range of local contexts. But not all good arguments travel, whereas some bad arguments do. Under what conditions may we regard the capacity of an argument to travel as a sign of its cogency or public merits? This question is especially interesting for a contextualist approach that wants to remain critically robust: if standards of cogency are bound to local contexts of (...)
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  • Dwelling Narratively: Exploring Heideggerian Perspectives in the Narrative Paradigm.Mads Qvortrup & Esben Bjerggaard Nielsen - 2019 - Philosophy and Rhetoric 52 (2):142-162.
    ABSTRACT Walter Fisher's narrative paradigm has sparked intense debate about the role of narratives in rhetorical scholarship. The theory has subsequently been followed up by numerous criticisms and revisions. This article argues that especially the latter can benefit from a complementary phenomenological perspective that Fisher himself placed within the original paradigm. Through the Heideggerian concepts of building and dwelling, rhetoric within the narrative paradigm may be seen as a primary means for engaging with both individual and communal goals and exigencies, (...)
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  • Preface.Chiara Pollaroli, Sara Greco, Steve Oswald, Johanna Miecznikowski-Fuenfschilling & Andrea Rocci - 2019 - Informal Logic 39 (4):287-300.
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  • A Place for Figures of Speech in Argumentation Theory.Christian Plantin - 2009 - Argumentation 23 (3):325-337.
    This paper deals with the treatment of figures of speech in Perelman’s and Olbrechts-Tyteca’s Treatise on Argumentation (TA), and, more broadly, with the place of figures in argumentation theory. The contrast between two conceptions (or two domains)\n of rhetoric, “a rhetoric of figures” and “a rhetoric of argument” can be traced back to Ramus, and it has been revived in\n the seventies through the perception of an incommensurability between Perelman’s “New Rhetoric” and the École de Liège’s “General\n Rhetoric”. Modern theories (...)
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  • Multiple Audiences as Text Stakeholders: A Conceptual Framework for Analyzing Complex Rhetorical Situations.Rudi Palmieri & Sabrina Mazzali-Lurati - 2016 - Argumentation 30 (4):467-499.
    In public communication contexts, such as when a company announces the proposal for an important organizational change, argumentation typically involves multiple audiences, rather than a single and homogenous group, let alone an individual interlocutor. In such cases, an exhaustive and precise characterization of the audience structure is crucial both for the arguer, who needs to design an effective argumentative strategy, and for the external analyst, who aims at reconstructing such a strategic discourse. While the peculiar relevance of multiple audience is (...)
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  • Post-truth as Symptom: The Emergence of a Masculine Hysteria.Jason David Myres - 2018 - Philosophy and Rhetoric 51 (4):392-415.
    What is the love of truth?To date, scholarship on "post-truth" concentrates on truth's status as a philosophical concept and as a touchstone of political culture in the twenty-first century. In this scholarship, post-truth has become a way of synthesizing the antecedents of President Donald J. Trump's election and a banner under which public reason stages its dramatic last stand. Writing for Philosophy & Rhetoric in the immediate aftermath of Trump's election, for instance, Elizabeth S. Goodstein observes "a sea change is (...)
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  • On Rhetoric and the School of Philosophy Without Tears.Stuart J. Murray - 2017 - Philosophy and Rhetoric 50 (4):528-551.
    In the introduction to his recent book outlining a "deep rhetoric" that can affirm rhetoric's "philosophical foundations," James Crosswhite celebrates a remark made by the late Henry Johnstone, the founding and long-time editor of Philosophy and Rhetoric. Johnstone, claims Crosswhite, "once suggested that rhetoric was an attempt to be 'philosophy without tears'". The passage to which Crosswhite refers appears in Johnstone's foreword to the book Rhetoric and Philosophy, a collection of essays edited by Richard Cherwitz. There, in a bungled bid (...)
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  • Opportunity, opportunism, and progress:Kairos in the rhetoric of technology. [REVIEW]Carolyn R. Miller - 1994 - Argumentation 8 (1):81-96.
    As the principle of timing or opportunity,kairos serves both as a powerful theme within technological discourse and as an analytical concept that explains some of the suasory force by which such discourse maintains itself and its position in our culture. This essay makes a case for a rhetoric of technology that is distinct from the rhetoric of science and illustrates the value of the classical vocabulary for understanding contemporary rhetoric. This case is made by examining images and models of technological (...)
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  • Immanence, Governmentality, Critique: Toward a Recovery of Totality in Rhetorical Theory.Jamie Merchant - 2014 - Philosophy and Rhetoric 47 (3):227-250.
    Conceptualization should not be founded on a theory of the object—the conceptualized object is not the single criterion of a good conceptualization. We have to know the historical conditions which motivate our conceptualization. We need a historical awareness of our present circumstance.The materialist doctrine focusing upon transformation in circumstances and thus in education forgets that circumstances are changed by men and that the educator must himself be educated. (translation modified)If we take Raymie McKerrow’s seminal essay “Critical Rhetoric: Theory and Praxis” (...)
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  • Piero Gobetti and the rhetoric of liberal anti-fascism.James Martin - 2007 - History of the Human Sciences 20 (4):107-127.
    This article examines the anti-fascist rhetoric of the self-proclaimed `revolutionary liberal', Piero Gobetti, in Italy in the early 1920s. Gobetti is interesting from a rhetorical perspective for two reasons: first, for his efforts to redefine liberalism as an emancipatory ethic of struggle that extended to the revolutionary worker's movement; and second, for his rejection of fascism as essentially continuous with the anti-conflictual tendencies of the liberal parliamentary regime. An exemplary `ideological innovator', Gobetti's `paradiastolic' redescription of liberalism and his metaphorical reading (...)
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  • The Dialogical Force of Implicit Premises. Presumptions in Enthymemes.Fabrizio Macagno & Giovanni Damele - 2013 - Informal Logic 33 (3):361-389.
    The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...)
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  • Affecting Argumentative Action: The Temporality of Decisive Emotion.Prins Marcus Valiant Lantz - 2021 - Argumentation 35 (4):603-627.
    This paper explores the interrelations between temporality and emotion in rhetorical argumentation. It argues that in situations of uncertainty argumentation affects action via appeals that invoke emotion and thereby translate the distant past and future into the situated present. Using practical inferences, a threefold model for the interrelation of emotion and time in argumentation outlines how argumentative action depends on whether speakers provide reasons for the exigence that makes a decision necessary, the contingency of the decision, and the confidence required (...)
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  • Pandemic Stories: Rhetorical Motifs in Journalists’ Coverage of Biomedical Risk.Tess Laidlaw - 2019 - Minerva 57 (4):433-451.
    This paper argues that journalists’ discursive actions in an outbreak context manifest in identifiable rhetorical motifs, which in turn influence the delivery of biomedical information by the media in such a context. Via a critical approach grounded in rhetorical theory, I identified three distinct rhetorical motifs influencing the reportage of health information in the early days of the H1N1 outbreak. A public-health motif was exhibited in texts featuring a particular health official and offering the statements of such an official as (...)
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  • Defining Rhetorical Argumentation.Christian Kock - 2013 - Philosophy and Rhetoric 46 (4):437-464.
    If there is a specifically rhetorical approach to argumentation, I believe it is one that studies argumentation that is specifically rhetorical. So if we want to ask, “What is the rhetorical approach to argumentation?” we should first ask, “What is rhetorical argumentation?” It is worthwhile focusing on this question because various misleading definitions of rhetorical argumentation have been in circulation for almost as long as rhetoric has existed. Some misleading definitions see the defining property of rhetorical argumentation in the arguer’s (...)
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  • Choice is Not True or False: The Domain of Rhetorical Argumentation. [REVIEW]Christian Kock - 2009 - Argumentation 23 (1):61-80.
    Leading contemporary argumentation theories such as those of Ralph Johnson, van Eemeren and Houtlosser, and Tindale, in their attempt to address rhetoric, tend to define rhetorical argumentation with reference to (a) the rhetorical arguer’s goal (to persuade effectively), and (b) the means he employs to do so. However, a central strand in the rhetorical tradition itself, led by Aristotle, and arguably the dominant view, sees rhetorical argumentation as defined with reference to the domain of issues discussed. On that view, the (...)
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  • Influence Opportunities and the Development of Argumentation Competencies in Childhood.Susan L. Kline - 1998 - Argumentation 12 (3):367-386.
    Whether argumentation competencies are associated with the kind of influence opportunities children have in their lives is the focus of this study. The hypothesis is that when children have the opportunity to initiate and evaluate arguments, hear others make and examine arguments, and participate equally in resolving disputes, children are able to develop their argument skills. Four argumentation competencies associated with critical discussions of proposals are identified: creating consensus about problematic situations, advocating proposals, facilitating behavioral commitment, and integrating identities. Second, (...)
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  • Strategies of Visual Argumentation in Slideshow Presentations: The Role of the Visuals in an Al Gore Presentation on Climate Change. [REVIEW]Jens E. Kjeldsen - 2013 - Argumentation 27 (4):425-443.
    The use of digital presentation tools such as PowerPoint is ubiquitous; however we still do not know much about the persuasiveness of these programs. Examining the use of visual analogy and visual chronology, in particular, this article explores the use of visual argumentation in a Keynote presentation by Al Gore. It illustrates how images function as an integrated part of Gores reasoning.
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  • The Study of Visual and Multimodal Argumentation.Jens E. Kjeldsen - 2015 - Argumentation 29 (2):115-132.
    IntroductionIf we were to identify the beginning of the study of visual argumentation, we would have to choose 1996 as the starting point. This was the year that Leo Groarke published “Logic, art and argument” in Informal logic, and it was the year that he and David Birdsell co-edited a special double issue of Argumentation and Advocacy on visual argumentation . Among other papers, the issue included Anthony Blair’s “The possibility and actuality of visual arguments”. It was also the year (...)
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  • The phenomenology of the disaster: Toward a rhetoric of tragedy.Robert Wade Kenny - 2006 - Philosophy and Rhetoric 39 (2):97-124.
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  • The Phenomenology of the Pipe Organ.Michael R. Kearney - 2020 - Phenomenology and Practice 15 (2):24-38.
    An extended illustration from Merleau-Ponty’s Phenomenology of Perception describes the interplay of habit, sedimentation, and intersubjectivity in the practice and performance of a skilled organist. This paper takes up Merleau-Ponty’s example in order to describe some of the phenomenological characteristics of embodied musical performance. These characteristics point toward an intersubjective event of “consecration,” as Merleau-Ponty describes it, in which the musician adopts the role of rhetor, inviting the audience into a shared dwelling place.
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  • Thought, utterance, power: Toward a rhetoric of magic.Edward Karshner - 2011 - Philosophy and Rhetoric 44 (1):52-71.
    Going back as far as the Old Kingdom, ancient Egyptian speculative thinkers had already developed a complex understanding of the relationship between personal agency, power, and the role of magic. What is more, these early philosophers saw that this world and the other operated according to the same principles. The rules by which one secured power were the same whether one was a peasant or a god. Through perception, the heart/mind would design an idea, the mouth would speak it and, (...)
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  • Rhetoric, Dialectic and Logic: The Wild-Goose Chase for an Essential Distinction.Charlotte Jørgensen - 2014 - Informal Logic 34 (2):152-166.
    Taking Blair’s recent contribution to the debate about the triad as its starting point, the article discusses and challenges attempts to reduce the intricate relationship between rhetoric, dialectic and logic to a trichotomy with watertight compartments or to separate them with a single clear-cut criterion. I argue that efforts to pinpoint an essential difference, among the various typical differences partly grounded in disciplinary traditions, obscure the complexities within the fields. As a consequence, crosscutting properties of the fields as well as (...)
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  • Controlling the discourse: interviews with Secretary of State Condoleezza Rice.Jason Jones - 2010 - Critical Discourse Studies 7 (2):127-141.
    Iran's nuclear program has garnered a great deal of media attention for nearly a decade, yet critical discourse scholars have been relatively silent on the matter. To spur more scholarship on the nuclear controversy, this study examines the language of nine interviews with former US Secretary of State Condoleezza Rice. Analyzing the opening questions of topic shifts, the relationship of scope and topic, and Secretary Rice's portrayal of the US and Iran, I argue that Rice used her media access as (...)
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  • Nonfallacious Rhetorical Strategies: Lyndon Johnson’s Daisy Ad. [REVIEW]Scott Jacobs - 2006 - Argumentation 20 (4):421-442.
    The traditional concepts of rhetorical strategy and argumentative fallacy cannot be readily reconciled. Doing so requires escaping the following argument: All argumentation involves rhetorical strategies. All rhetorical strategies are violations of logical or dialectical ideals. All violations of logical or dialectical ideals are fallacies. Normative pragmatics provides a perspective in which rhetorical strategies can be seen to have the potential for constructive contributions to argumentation and in which fallacies are not simply violations of ideals. One kind of constructive contribution, framing (...)
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  • When Evaluative Adjectives Prevent Contradiction in a Debate.Thierry Herman & Diane Liberatore - 2022 - Argumentation 36 (2):155-176.
    This paper argues that some words are so highly charged with meaning by a community that they may prevent a discussion during which each participant is on an equal footing. These words are indeed either unanimously accepted or rejected. The presence of these adjectival groups pushes the antagonist to find rhetorical strategies to circumvent them. The main idea we want to develop is that some propositions are not easily debatable in context because of some specific value-bearing words, and one of (...)
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  • Revelation and Rhetoric: A Critical Model of Forensic Discourse. [REVIEW]Chris Heffer - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):459-485.
    Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for (...)
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  • Trial and Error – Failing and Learning in Criminal Proceedings.Kati Hannken-Illjes, Livia Holden, Alexander Kozin & Thomas Scheffer - 2006 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 20 (2):159-190.
    This paper addresses the selective mechanisms by which criminal proceedings produce strong arguments. It does so by focusing on the failing of argument themes (topoi) in the course of criminal proceedings, rather than on their career. In a further step, the notion of failing is bound to learning: different forms of failing point at different ways and places of learning. The study is comparative, relating cases from four different legal regimes (England, USA, Italy and Germany) that are taken from four (...)
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