Instances of the ad baculum argument (also known as the threat appeal argument or the argument from threat) are common in both private and public sphere discourse. Although contemporary argumentation scholarship recognizes these instances as contingently fallacious, the literature lacks not only a well-motivated ad baculum argument scheme but also a complete list of critical questions (CQs). In combining argument scheme and speech act theoretic elements, we formulate the felicity conditions of the speech act of threatening from the viewpoint of (...) a rational third party and use the recognition conditions of this speech act to construct the ad baculum argument scheme and its correctness conditions to construct the CQs. Results include revised felicity conditions of the speech act of threatening, a new ad baculum argument scheme, and a set of arguably complete, functionally distinct CQs. (shrink)

The concept of a witch hunt is frequently invoked, in recent times, to describe a kind of procedure for deciding the guilt of a person against whom an accusation has been made. But what exactly is a witch hunt? In this paper, ten conditions are formulated as a cluster of properties characterizing the witch hunt as a framework in which arguments are used: (1) pressure of social forces, (2) stigmatization, (3) climate of fear, (4) resemblance to a fair trial, (5) (...) use of simulated evidence, (6) simulated expert testimony, (7) nonfalsifiability characteristic of evidence, (8) reversal of polarity, (9) non-openness, and (10) use of the loaded question technique. The witch hunt, as characterized by these criteria, is shown to function as a negative normative structure for evaluating argumentation used in particular cases. (shrink)