The paper analyses the role played by the concept of ‘common ground’ in argumentation theories. If a common agreement on all the rules of a discursive exchange is required, either at the beginning or at the end of an argumentative practice, then no violation of the rules is possible. The paper suggests an alternative understanding of ‘common ground’ as something that can change during the development of the argumentative practice, and in particular something that can change without the practice being (...) stopped, just as one sometimes violates the rule of a game without stopping playing. The analysis of some historical examples shows that the violation of rules sometimes leads to a consensual change of a set of beliefs and values. The argumentative rationality thus needs to be reconsidered in the light of the analysis of the conditions under which it would be legitimate to change the rules of an argumentative practice: ‘common ground’ and the right to disagreement, even radical or violent, could then be defended as essential components of argumentative rationality. (shrink)

Eristic has been studied more and more intensively in recent years in philosophy, law, communication theory, logic, proof theory, and A.I. Nevertheless, the modern origins of eristic, which almost all current researchers see in the philosopher Arthur Schopenhauer, are considered to be a theory of the illegitimate use of logical and rhetorical devices. Thus, eristic seems to violate the norms of discourse ethics. In this paper, I argue that this interpretation of eristic is based on prejudices that contradict the original (...) intention of modern eristic. Eristic is not an art of being right or winning an argument, but an art of protecting oneself from the one who deliberately violates norms of discourse ethics to gain argumentative acceptance. For this reason, eristic must be seen as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Especially in the age of alternative facts and post-factual politics, this makes eristic a valuable discipline. (shrink)

El objetivo de este artículo es poner atención a una concepción desacreditada de la dialéctica, que pretendió recrear la consideración de Aristóteles. El artículo enfatiza el trasfondo filosófico del arte de obtener lo mejor de un oponente en disputa de Schopenhauer, e identifica especialmente tanto las viejas reglas griegas de discusión como los problemas positivos y originales de esta consideración moderna.