An incidental extension of the central domain of argumentation theory with non-classical ways of constructing arguments seems to automatically raise a question that is otherwise rarely posed, namely whether or not it is useful to consider the sex of the arguer. This question is usually posed with regard to argumentation by women in particular. Do women rely more, or differently than men do on non-canonical modes of reasoning stemming from the realm of the emotional, physical and intuitive, instead of the (...) logical? One may simply refer this question to folk-linguistics. One may also take the question seriously, given the findings on women's linguistic behaviour, and for various other reasons that will be explained below.Section 1 sums up the most frequently quoted differences in language use between women and men. This is followed by a non-exhaustive, interdisciplinary review of studies on male/female differences in verbal and written argumentation.Section 2 discusses the role of language and texts in generating and maintaining ideas on gender. These gender messages not only influence the actual argumentation behaviour of women and men, but also the way such behaviour is valued.Section 3 subsequently shows that our ideas on rationality are gendered, and therefore also our ideas on the proper central domain of argumentation theory.Section 4 briefly reflects on why this kind of wrong question about the reasoning of women should sometimes be addressed seriously anyway. (shrink)

Disputational models of argumentation have been criticized as introducing adversariality into argumentation by mistakenly conceiving of it as minimally adversarial, and, in doing so, structurally incentivizing ancillary adversariality. As an alternative, non-adversarial models of argumentation like inquiry have been recommended. In this article I defend disputational, minimally adversarial models of disagreement-based argumentation. First, I argue that the normative kernel of minimal adversariality is properly located in the normative fabric of disagreement, not our practices of disputation. Thus, argumentation’s minimal adversariality is (...) a hereditary, rather than an acquired, trait. Second, I show how attempts to model disagreement-based argumentation non-adversarially, as co-inquiry, misrepresent the normative commitments of disagreers. Indeed, such attempts backfire in their efforts to make argumentation less adversarial, by removing the normative, discursive mechanisms by which we may hold each other to rational account for our commitments. Finally, I show how regulative models of disputation, like the Pragma-Dialectical critical discussion, are designed to minimize ancillary adversariality thereby preventing its escalation. (shrink)

Most dialectical models view argumentation as a process of critically testing a standpoint. Further, they assume that what we critically test can be analytically reduced to individual and bi-polar standpoints. I argue that these two assumptions lead to the dominant view of dialectics as a bi-partisan argumentative discussion in which the yes-side argues against the doubter or the no-side. I scrutinise this binary orientation in understanding argumentation by drawing on the main tenets of normative pragmatic and pragma-dialectical theories of argumentation. (...) I develop my argument by showing how argumentative practice challenges these assumptions. I then lay out theoretical reasons for this challenge. This paves the way for an enhanced conceptualisation of dialectical models and their standards of rationality in terms of multi-party discussions, or argumentative polylogues. (shrink)

In this paper, we closely examine the various ways in which a multi-party argumentative discussion—argumentative polylogue—can be analyzed in a dialectical framework. Our chief concern is that while multi-party and multi-position discussions are characteristic of a large class of argumentative activities, dialectical approaches would analyze and evaluate them in terms of dyadic exchanges between two parties: pro and con. Using as an example an academic committee arguing about the researcher of the year as well as other cases from argumentation literature, (...) we scrutinize the advantages and pitfalls of applying a dialectical framework to polylogue analysis and evaluation. We recognize two basic dialectical methods: interpreting polylogues as exchanges between two main camps and splitting polylogues into a multitude of dual encounters. On the basis of this critical inquiry, we lay out an argument expressing the need for an improved polylogical model and propose its basic elements. (shrink)

It has typically been assumed that affective and social components of disagreement, such as trust and fair treatment, can be handled separately from substantive components, such as beliefs and logical principles. This has freed us to count as “deep” disagreements only those which persist even between people who have no animosity towards each other, feel equal to one another, and are willing to argue indefinitely in search of truth. A reliance on such ideal participants diverts us from the question of (...) whether we have swept away the opportunity for some real arguers to have their voices heard, and for those voices to determine the real substance of the disagreement. If affective and social issues need to be assessed side by side with belief differences and reasoning paradigms, investigating trust may assist us to understand and make progress on the affective and social components that are involved in disagreement. (shrink)

Coalescent argumentation is a normative ideal that involves the joining together of two disparate claims through recognition and exploration of opposing positions. By uncovering the crucial connection between a claim and the attitudes, beliefs, feelings, values and needs to which it is connected dispute partners are able to identify points of agreement and disagreement. These points can then be utilized to effect coalescence, a joining or merging of divergent positions, by forming the basis for a mutual investigation of non-conflictual options (...) that might otherwise have remained unconsidered. The essay proceeds by defining and discussing ‘argument’, ‘position’ and ‘understanding’. These notions are then brought together to outline the concept of coalescent reasoning. (shrink)

A critic may attack an arguer personally by pointing out that the arguer’s position is pragmatically inconsistent: the arguer does not practice what he preaches. A number of authors hold that such attacks can be part of a good argumentative discussion. However, there is a difficulty in accepting this kind of contribution as potentially legitimate, for the reason that there is nothing wrong for a protagonist to have an inconsistent position, in the sense of committing himself to mutually inconsistent propositions. (...) If so, any such charge seems to be irrelevant. The questions to be answered in this essay are: what, if any, is the dialectical rationale for this type of criticism, and in what situations, if any, is this kind of charge dialectically legitimate? It will be shown that these attacks can be dialectically legitimate, in special circumstances, and that they can be seen as strategic␣manoeuvres where a party attempts to reconcile his dialectical and his rhetorical objectives. (shrink)

The introduction of the concept of strategic maneuvering into the pragma-dialectical theory makes it possible to formulate testable hypotheses regarding the persuasiveness of argumentative moves that are made in argumentative discourse. After summarizing the standard pragma-dialectical approach to argumentation, van Eemeren, Garssen, and Meuffels explain what the extension of the pragma-dialectical approach with strategic maneuvering involves and discuss the fallacies in terms of the extended pragma-dialectical approach as derailments of strategic maneuvering. Then they give an empirical interpretation of the extended (...) pragma-dialectical model in which they report the testing of three hypotheses which formulate preliminary conditions for effectiveness research within the framework of the extended pragma-dialectical theory and the results of the tests they consecutively carried out. (shrink)

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)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...) approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kinship:The Relationship Between Johnstone's Ideas about Philosophical Argument and the Pragma-Dialectical Theory of ArgumentationFrans H. van Eemeren and Peter Houtlosser1. Johnstone on the Nature of Philosophical ArgumentAs he himself declared in Validity and Rhetoric in Philosophical Argument (1978, 1), the late philosopher Henry W. Johnstone Jr. devoted a long period of his professional life to clarifying the nature of philosophical argument. His well-known view was that philosophical arguments are (...) sui generis, i.e., not to be judged by the standards of argumentation in science or everyday discourse. Philosophical arguments are not ad rem, but are based on premises that are expressed or implied commitments of a party in dialogue. This is why philosophical argumentation is, according to Johnstone, always ad hominem. In philosophical argumentation, every ad rem argument begs the question.Usually, ad hominem argumentation is dismissed as invalid. Johnstone, however, maintains that making use of argumentum ad hominem is the only way to establish a philosophical conclusion. In an argumentum ad hominem, inferences are drawn from propositions stated or implied by the other party and critical questions are raised about the conclusions that were drawn, so that it can be used to refute a philosophical position by showing that this position is inconsistent. As Walton (2001) rightly observes, this type of ad hominem argumentation boils down to arguing from commitments of the other party, i.e., ex concessis.The use of ad hominem argumentation as the criticism of a position in terms of its own presuppositions is, in Johnstone's view, the only valid argument in philosophy, if any philosophical argument is indeed valid. All philosophical polemic is in this perspective in fact addressed ad hominem. This applies not only to philosophical argumentation that concerns self-referential refutation but also to other ad hominem types of philosophical argumentation, including the tu quoque argument (1978, 11–12).According to Johnstone, there is no objective criterion for determining the validity of ad hominem argumentation. Validity must, says Johnstone in the [End Page 51] epilogue of his collected essays on philosophical argument, be viewed as "a regulative ideal" (135). Much earlier, Johnstone had already come to the conclusion that "the valid argument is the one that maintains philosophical discussion" (38). It is this self-perpetuating feature that is the distinctive rationality of philosophy. By forcing the interlocutor to elaborate his philosophical position rather than just repeat it, the gap between the interlocutors is bridged.In order to distinguish between constructive persuasive argumentation and mere repetition or other forms of paralyzing the discourse, the line must be drawn between responsible and irresponsible persuasion. This is a problem for Johnstone. Where the Ancients solved the problem by insisting that the persuader be virtuous, Johnstone proposed to base the distinction between responsible and irresponsible persuasion on the attitude of the philosopher and his interest in maintaining the philosophical enterprise. The philosopher is a critic who criticizes con amore. His intention to do so, however, is revealed "only in the way he goes about his work" (84).A more down to earth criterion for responsible persuasion that Johnstone proposed is that the discourse should not tend to degenerate. Logic, as the discipline concerned with reason, serves to prevent the discussion from degenerating, but it can do so only if the parties concerned have jointly committed themselves to certain logical principles. If in philosophical argument a defendant is under no obligation to acknowledge an inconsistency when the other party points out an inconsistency in his position, then the other party's criticism cannot count as valid. According to Johnstone, however, it will depend on the parties' presuppositions whether or not they consider two statements as being inconsistent. In other words, what is inconsistent for the one party may not be inconsistent for the other party.Few obligations are imposed on everyone; most obligations arise from commitments made by specific individuals or groups of individuals. As Johnstone says, "Even the cogent philosophical argument is not, of course, absolutely cogent; it is cogent only relatively to interlocutors who maintain the premises on which it depends" (27). Once we abandon the search for objective conditions under which philosophical arguments can be valid, according... (shrink)

In this article it is pointed out what kind of rules for communication and argumentation are required in order to make it possible to resolve disputes in an orderly way. In section 2, Gricean maxims and Searlean speech act conditions are integrated in such a way that five general rules for communication can be formulated. In section 3, starting from Lewis's definition of convention, it is argued that the interactional effect of accepting is conventionally linked with the complex communicative act (...) complex of argumentation. In section 4, the rules for argumentation are placed in a dialogical perspective. (shrink)

The problem with the pragma-dialectical view, it has been argued, is that it takes argumentation as aiming at consensus rather than truth or justified belief. The pragma-dialecticians often imply that an argumentative process aiming at consensus in a way constrained by the “Ten Commandments” will in the long run converge on epistemically favourable standpoints. I will argue that they are right provided (i) pragma-dialectics is construed, as they say, as a theory of criticism; (ii) pragma-dialectics and the other theories of (...) argumentation have in common the requirement to account for the fallacies. (shrink)

This contribution discusses some problems of Pragma-Dialectics and explains them by its consensualistic view of the function of argumentation and by its philosophical underpinnings. It is suggested that these problems can be overcome by relying on a better epistemology and on an epistemological theory of argumentation. On the one hand Pragma-Dialectics takes unqualified consensus as the aim of argumentation, which is problematic, (Sect. 2) on the other it includes strong epistemological and rationalistic elements (Sect. 3). The problematic philosophical underpinnings of (...) Pragma-Dialectics, specifically Critical Rationalism as well as Logical Constructivism and Dialogic Logic of the Erlangen School, are among the sources of this incoherence (Sect. 4). A detailed critique of the Pragma-Dialectical discussion rules shows the negative consequences of this foundation and indicates how they could be avoided (Sects. 5, 6). (shrink)

The pragma-dialectical research program begins with a philosophical estate, in which a conception of reasonableness is offered that must serve as ground for the theoretical estate. Pragma-dialectics has produced many important insights in the theoretical estate, including the ideal model and the rules for critical discussions. However, here I will argue that the conception of reasonableness that the pragma-dialecticians adopt in the philosophical estate, based on anti-dogmatism, assumption of fallibilism and willingness to engage in critical discussion, is too narrow to (...) support the whole system of pragma-dialectical rules. What the philosophical estate requires is a broad and rich conception of excellent performance in argumentative practice, which then the rules of the critical discussion are intended to capture systematically in the theoretical estate. In my view, a virtue approach to argumentation is the ideal framework for such a philosophical ground. Virtues such as intellectual empathy, intellectual honesty, faith in reason, or recognition of reliable authority, point towards aspects of a philosophical conception of excellent arguing that are absent in the pragma-dialectical view of reasonableness. Finally, I will argue that what pragma-dialecticians call “second-order conditions” for a critical discussion are better understood as minimal argumentative virtue, a basic degree of virtue that arguers are required to possess in order to be prepared to participate in a fruitful critical discussion. The possession of such a basic degree of argumentative virtue is, I believe, what we mean when we characterise someone as reasonable. (shrink)

In this paper the argument from coherence is submitted to a critical analysis. First, it is argued to be a complex form of coordinative argumentation, structured on various argumentative levels. Then, using the pragma-dialectical theory of argumentation a distinction is brought out between two basic forms of the argument from coherence: in one use this argument occurs as a sequence of two symptomatic arguments; in the other use we have a main symptomatic argument supported by a subordinate pragmatic argument. Finally, (...) from an evaluative point of view it is assessed whether the argument from coherence can be found acceptable as a tool for settling disputes. It is claimed that in general, we can welcome this argumentative structure as sound and fully acceptable provided that we are aware of the interpretative discretion its use implies. (shrink)

From a pragma-dialectical perspective, argumentation rules do not receive their normative import from any "metaphysical necessity." They are, pragmatically speaking, binding only to the extent that reasonable participants regard them as useful for res olving disputes. This may be misleading with regard to the second pragma-dialectical rule relating to the burden of proof. If the obligation to defend a proffered standpoint is a constitutive rule of competent speech, then the obligation denoted by the burden of proof is more binding upon (...) speakers than a pragmatic approach to the subject would have us believe. (shrink)