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  1. Pragmatic Maxims and Presumptions in Legal Interpretation.Fabrizio Macagno, Douglas Walton & Giovanni Sartor - 2018 - Law and Philosophy 37 (1):69-115.
    The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...)
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  • The Nature and the Place of Presumptions in Law and Legal Argumentation.Raymundo Gama - 2017 - Argumentation 31 (3):555-572.
    This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...)
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  • Implicatures and hierarchies of presumptions.Fabrizio Macagno - 2011 - In Frank Zenker (ed.), Argument Cultures: Proceedings of the 8th International Conference of the Ontario Society for the Study of Argumentation (OSSA) (University of Windsor, ON 18-21 May 2011). OSSA. pp. 1-17.
    Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.
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  • Crying Foul to Counter Questionable Tactics.Beth Innocenti - unknown
    How do crying foul strategies, such as accusing an opponent of trying to “terrify” into a decision, pressure arguers to argue well? I submit that they work by making a norm determinate and making manifest the badness of the tactic. I explain why they generate pressure to repair or abandon questionable tactics, particularly when the norms converge with those of a broader political culture.
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  • Ruinous Arguments: Escalation of disagreement and the dangers of arguing.Fabio Paglieri - unknown
    People argue to reconcile differences of opinion, but reconciliation may fail to happen. In these cases, most theorists assume arguers are left with the same disagreement from which they started. This is too optimistic, since disagreement might instead escalate, and this may happen because of the argumentative practice, not in spite of it. These dangers depend on epistemological, pragmatic, and cultural factors, and show why arguers should be careful in picking their dialogical fights.
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  • A Modern Theory of Stasis.Michael J. Hoppmann - 2014 - Philosophy and Rhetoric 47 (3):273-296.
    Stasis theory has been the backbone of rhetorical theory ever since its full development by Hermagoras of Temnos in the second century BCE.1 Although Hermagoras’s original work was lost, the main parts of his theory were reconstructed in the twentieth century,2 thanks mainly to the major role stasis theory played in nearly all the important works of rhetorical theory until as late as the nineteenth century.3 Stasis theory aims at providing a toolset for the identification of vital issues in cases (...)
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  • Argument Has No Function.Jean Goodwin - 2007 - Informal Logic 27 (1):69-90.
    Douglas Walton has been right in calling us to attend to the pragmatics of argument. He has, however, also insisted that arguments should be understood and assessed by considering the functions they perform; and from this, I dissent. Argument has no determinable function in the sense Walton needs, and even if it did, that function would not ground norms for argumentative practice. As an alternative to a functional theory of argumentative pragmatics, I propose a design view, which draws attention to (...)
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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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  • The Presumptions of Meaning. Hamblin and Equivocation.Fabrizio Macagno - 2011 - Informal Logic 31 (4):367-393.
    When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...)
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  • Strategies of Character Attack.Fabrizio Macagno - 2013 - Argumentation 27 (4):1-33.
    Why are personal attacks so powerful? In political debates, speeches, discussions and campaigns, negative character judgments, aggressive charges and charged epithets are used for different purposes. They can block the dialogue, trigger value judgments and influence decisions; they can force the interlocutor to withdraw a viewpoint or undermine his arguments. Personal attacks are not only multifaceted dialogical moves, but also complex argumentative strategies. They can be considered as premises for further arguments based on signs, generalizations or consequences. They involve tactics (...)
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  • Presumptive Reasoning in Interpretation. Implicatures and Conflicts of Presumptions.Fabrizio Macagno - 2012 - Argumentation 26 (2):233-265.
    This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...)
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  • How to make and defend a proposal in a deliberation dialogue.Douglas Walton - 2006 - Artificial Intelligence and Law 14 (3):177-239.
    In this paper it is shown how tools developed in argumentation theory and artificial intelligence can be applied to the development of a new dialectical analysis of the speech act of making a proposal in a deliberation dialogue. These tools are developed, modified and used to formulate dialogue pre-conditions, defining conditions and post-conditions for the speech act of making a proposal in a deliberation dialogue. The defining conditions set out what is required for a move in a dialogue to count (...)
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  • Epistemic Norms for Public Political Arguments.Christoph Lumer - 2024 - Argumentation 38 (1):63-83.
    The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...)
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  • Presupposition as Argumentative Reasoning.Fabrizio Macagno - 2015 - In Alessandro Capone & Jacob L. Mey (eds.), Interdisciplinary Studies in Pragmatics, Culture and Society. Cham: Springer. pp. 465-487.
    Presuppositions are pragmatically considered as the conditions of the felicity of a speech act, or discourse move; however, the decision of setting the conditions of a move, which the hearer needs to accept in order to continue the dialogue, can be thought of as a speech act of a kind. The act of presupposing depends on specific conditions and in particular on the possibility of the hearer to reconstruct and accept the propositional content. These pragmatic conditions lead to epistemic considerations: (...)
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  • Handbook of Argumentation Theory.Frans H. van Eemeren, Bart Garssen, Erik C. W. Krabbe, A. Francisca Snoeck Henkemans, Bart Verheij & Jean H. M. Wagemans - 2014 - Dordrecht, Netherland: Springer.
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  • On Presumptions, Burdens of Proof, and Explanations.Petar Bodlović - 2020 - Informal Logic 40 (2):255-294.
    On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...)
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  • Recognizing Argument Types and Adding Missing Reasons.Christoph Lumer - 2019 - In Bart J. Garssen, David Godden, Gordon Mitchell & Jean Wagemans (eds.), Proceedings of the Ninth Conference of the International Society for the Study of Argumentation (ISSA). [Amsterdam, July 3-6, 2018.]. Sic Sat. pp. 769-777.
    The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...)
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  • The Pragmatic Force of Making an Argument.Jean Goodwin & Beth Innocenti - 2019 - Topoi 38 (4):669-680.
    Making arguments makes reasons apparent. Sometimes those reasons may affect audiences’ relationships to claims (e.g., accept, adhere). But an over-emphasis on audience effects encouraged by functionalist theories of argumentation distracts attention from other things that making arguments can accomplish. We advance the normative pragmatic program on argumentation through two case studies of how early advocates for women’s suffrage in the U.S. made reasons apparent in order to show that what they were doing wasn’t ridiculous. While it might be possible to (...)
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  • Accounting for the force of the appeal to authority.Jean Goodwin & Raymie McKerrow - unknown
    As appeals to expert authority shift from “fallacies” to “argument schemes,” argumentation theorists are called on to provide critical questions for assessing them. I argue that current treatments focus too heavily on assessing expertise, and not enough on judging trustworthiness. I propose instead a norma-tive pragmatic account of the rational force of the appeal to expert authority, one that emphasizes the ex-pert's actions in constructing his/her own legitimate trustworthiness.
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  • Strategies for strengthening presumptions and generating ethos by manifestly ensuring accountability.Fred Kauffeld & Erik C. W. Krabbe - unknown
    In argumentation, as elsewhere, speakers strategically engage favourable presumptions by manifestly making themselves accountable for their communicative efforts. Such strategies provide the addressee with reasons to regard the speaker as accountable in specific ways and, via that regard for the speaker, with situation-specific rationales for responding positively to what the speaker says. This paper identifies some resources available to arguers for strengthening, elaborating, and focusing such special presumptions. The paper offers an analysis of Barbara Jordan’s “Statement on the Articles of (...)
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  • Commentary on Kock.Fred J. Kauffeld - unknown
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  • A Normative Pragmatic Perspective on Appealing to Emotions in Argumentation.Beth Innocenti Manolescu - 2006 - Argumentation 20 (3):327-343.
    Is appealing to emotions in argumentation ever legitimate and, if so, what is the best way to analyze and evaluate such appeals? After overviewing a normative pragmatic perspective on appealing to emotions in argumentation, I present answers to these questions from pragma-dialectical, informal logical, and rhetorical perspectives, and note positions shared and supplemented by a normative pragmatic perspective. A normative pragmatic perspective holds that appealing to emotions in argumentation may be relevant and non-manipulative; and that emotional appeals may be analyzed (...)
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  • Accounting for the Appeal to the Authority of Experts.Jean Goodwin - 2011 - Argumentation 25 (3):285-296.
    Work in Argumentation Studies (AS) and Studies in Expertise and Experience (SEE) has been proceeding on converging trajectories, moving from resistance to expert authority to a cautious acceptance of its legitimacy. The two projects are therefore also converging on the need to account for how, in the course of complex and confused civic deliberations, nonexpert citizens can figure out which statements from purported experts deserve their trust. Both projects recognize that nonexperts cannot assess expertise directly; instead, the nonexpert must judge (...)
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  • On the Differences Between Practical and Cognitive Presumptions.Petar Bodlović - 2020 - Argumentation 35 (2):287-320.
    The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...)
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  • Just Following the Rules: Collapse / Incoherence Problems in Ethics, Epistemology, and Argumentation Theory.Patrick Bondy - 2020 - In J. Anthony Blair & Christopher W. Tindale (eds.), Rigour and Reason: Essays in Honour of Hans Vilhelm Hansen. University of Windsor. pp. 172-202.
    This essay addresses the collapse/incoherence problem for normative frameworks that contain both fundamental values and rules for promoting those values. The problem is that in some cases, we would bring about more of the fundamental value by violating the framework’s rules than by following them. In such cases, if the framework requires us to follow the rules anyway, then it appears to be incoherent; but if it allows us to make exceptions to the rules, then the framework “collapses” into one (...)
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  • One Question, Two Answers.Jean Goodwin - unknown
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  • Negotiation and Deliberation: Grasping the Difference.Constanza Ihnen Jory - 2016 - Argumentation 30 (2):145-165.
    Negotiation and deliberation are two context types or genres of discourse widely studied in the argumentation literature. Within the pragma-dialectical framework, they have been characterised in terms of the conventions constraining the use of argumentative discourse in each of them. Thanks to these descriptions, it has become possible to analyse the arguers’ strategic manoeuvres and carry out more systematic, context-sensitive evaluations of argumentative discussions. However, one issue that still must be addressed in the pragma-dialectical theory—and other contextual approaches to argumentation—is (...)
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  • Assertion and Certainty.Alexander Dinges - 2023 - Philosophical Quarterly 74 (1):169-186.
    Assertions have a curious relationship to certainty. On the one hand, it seems clear that we can assert many everyday propositions while not being absolutely certain about them. On the other hand, it seems odd to say things like ‘p, but I am not absolutely certain that p’. In this paper, I aim to solve this conundrum. I suggest a pretense theory of assertion, according to which assertions of p are proposals to act as if the conversational participants were absolutely (...)
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  • Grice without the Cooperative Principle.Fred J. Kauffeld - unknown
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  • The Burden of Proof and Its Role in Argumentation.Ulrike Hahn & Mike Oaksford - 2007 - Argumentation 21 (1):39-61.
    The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...)
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  • Norms of Public Argumentation and the Ideals of Correctness and Participation.Frank Zenker, Jan Albert van Laar, B. Cepollaro, A. Gâţă, M. Hinton, C. G. King, B. Larson, M. Lewiński, C. Lumer, S. Oswald, M. Pichlak, B. D. Scott, M. Urbański & J. H. M. Wagemans - 2024 - Argumentation 38 (1):7-40.
    Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...)
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  • Henry Johnstone, Jr.'s Still-Unacknowledged Contributions to Contemporary Argumentation Theory.Jean Goodwin - 2001 - Informal Logic 21 (1).
    Given the pragmatic tum recently taken by argumentation studies, we owe renewed attention to Henry Johnstone's views on the primacy of process over product. In particular, Johnstone's decidedly non-cooperative model is a refreshing alternative to the current dialogic theories of arguing, one which opens the way for specifically rhetorical lines of inquiry.
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  • Grice’s Analysis of Utterance-Meaning and Cicero’s Catilinarian Apostrophe.Fred J. Kauffeld - 2009 - Argumentation 23 (2):239-257.
    The pragmatics underlying Paul Grice’s analysis of utterance-meaning provide a powerful framework for investigating the commitments arguers undertake. Unfortunately, the complexity of Grice’s analysis has frustrated appropriate reliance on this important facet of his work. By explicating Cicero’s use of apostrophe in his famous “First Catilinarian” this essay attempts to show that a full complex of reflexive gricean speaker intentions in essentially to seriously saying and meaning something.
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  • Teleological Justification of Argumentation Schemes.Douglas Walton & Giovanni Sartor - 2013 - Argumentation 27 (2):111-142.
    Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...)
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  • The Uses of Argument in Communicative Contexts.Robert C. Pinto - 2003 - Argumentation 24 (2):227-252.
    This paper challenges the view that arguments are (by definition, as it were) attempts to persuade or convince an audience to accept (or reject) a point of view by presenting reasons for (or against) that point of view. I maintain, first, that an arguer need not intend any effect beyond that of making it manifest to readers or hearers that there is a reason for doing some particular thing (e.g., for believing a certain proposition, or alternatively for rejecting it), and (...)
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  • Presumptions, and How They Relate to Arguments from Ignorance.Petar Bodlović - 2019 - Argumentation 33 (4):579-604.
    By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. (...)
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  • Presumptions in argument: Epistemic versus social approaches.David Godden & Harvey Siegel - unknown
    This paper responds to Kauffeld’s 2009 OSSA paper, considering the adequacy of his “commitment-based” approach to “ordinary presumptive practices” to sup-ply an account of presumption fit for general application in normative theories of argument. The central issue here is whether socially-grounded presumptions are defeasible in the right sorts of ways so as to pro-duce “truth-tropic” presumptive inferences.
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  • Where is the reasonable? Objectivity and bias of practical argument.Lewinski Marcin - unknown
    The paper offers a theoretical investigation regarding the sources of normativity in practical argument from the following perspective: Do we need objectively-minded, unbiased arguers or can we count on “good” argumentative processes in which individual biases cancel each other out? I will address this problem by analysing a detailed structure of practical argument and its varieties. I will argue that given the structure proposed, biased advocacy upholds reasonableness whenever the argumentative activity is adequately designed.
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  • The Presumption of Veracity in Testimony and Gossip.Fred J. Kauffeld & John E. Fields - unknown
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  • Trust, relevance, and arguments.Fabio Paglieri & Cristiano Castelfranchi - 2014 - Argument and Computation 5 (2-3):216-236.
    This paper outlines an integrated approach to trust and relevance with respect to arguments: in particular, it is suggested that trust in relevance has a central role in argumentation. We first distinguish two types of argumentative relevance: internal relevance, i.e. the extent to which a premise has a bearing on its purported conclusion, and external relevance, i.e. a measure of how much a whole argument is pertinent to the matter under discussion, in the broader dialogical context where it is proposed. (...)
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  • Demanding a halt to metadiscussions.Beth Innocenti - 2022 - Argumentation 36 (3):345-364.
    How do social actors get addressees to stop retreating to metadiscussions that derail ground-level discussions, and why do they expect the strategies to work? The question is of both theoretical and practical interest, especially with regard to ground-level discussions of systemic sexism and racism derailed by qualifying “not all men” and “not all white people” perform the sexist or racist actions that are the topic of discussion. I use a normative pragmatic approach to analyze two exemplary messages designed to halt (...)
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  • Belarus’s Sound Body.Justin Eckstein - 2024 - Philosophies 9 (5):141.
    This study delves into the creative protest tactics of Belarusian activists in 2011, highlighting their use of “sound bodies” created through clapping to challenge authoritarian constraints. The research posits that these ethereal sound bodies exert significant normative pressure on the regime by challenging the regime’s legitimacy. By analyzing the clapping protests as civil disobedience, this study illustrates the effectiveness of this non-visual form of protest in compelling the authoritarian regime to address the collective call for change. Through this lens, this (...)
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  • Dialectical tier argumentation as structured by proposing and advising.Fred J. Kauffeld - unknown
    This paper discusses the parameters of an arguer's duties on the "dialectical tier of argument appraisal." Argumentative burdens incurred in making proposals will be compared with probative obligations which may be taken on in advising. The burdens t ypically incurred in these two kinds of illocutionary acts are strikingly different; accordingly, the arguer's obligation to response to objections would be circumscribed differently depending on which speech acts initiates the dialogue. This claim has i mplications for how we delimit a "good (...)
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  • A normative pragmatic model of making fear appeals.Beth Innocenti - 2011 - Philosophy and Rhetoric 44 (3):273-290.
    Broadly speaking, it seems plausible to say that fear appeals are designed to induce action—to generate persuasive force for addressees to act in order to avoid a fearful outcome (Walton 2000, 1-2, 20, 22, 143; Witte 1994, 113; Witte 1992, 329). Because a fear appeal is a kind of argument about harmful consequences, and because arguments about harmful consequences are commonplace in deliberations, fear appeals are practically inevitable in civic discourse. And, as some scholars have recently confirmed, making fear appeals (...)
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  • Presumptions in Speech Acts.Cristina Corredor - 2017 - Argumentation 31 (3):573-589.
    The aim of this paper is to explore the viability of accounting for presumptions as a subtype of verdictives, within the framework of the Austinian approach to speech acts. The available set of felicity conditions is examined and worked out, in order to try and account in particular for a main feature of presumptions, namely, their function in shifting the burden of proof. In order to extend the Austinian framework as required, the notion of pragmatic presupposition accommodation is shown to (...)
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  • Commentary on Jean Goodwin, "Objectivity in controversial science communication: a case study of Kevin Folta".Patrick Bondy - unknown
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  • The Public Sphere and the Norms of Transactional Argument.Jean Goodwin - 2005 - Informal Logic 25 (2):151-165.
    An outsider to argument theory, should she look through the rich outpouring of our recent work, might be amused to find us theorists not following our own prescriptions. We propound our ideas, but we don't always interact with each other--we don't argue. The essays by William Rehg and Robert Asen make promising start on rectifying this difficulty. I want to discuss them, first, to show how they acknowledge in exemplary fashion a pair of challenges I think we should all be (...)
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  • The Persuasive Force of Demanding.Beth Innocenti & Nichole Kathol - 2018 - Philosophy and Rhetoric 51 (1):50-72.
    A paradigm case of demanding involves making utterances designed to influence addressees to accede.1 It would be incoherent to say, "I demand that you do x, but I am not saying that you ought to do x," or "I demand that you do x, although I am fully aware that you cannot do x." The extraordinary nature of demanding may be gleaned from anomalous utterances such as "employees may demand time off by notifying scheduling managers at least one month in (...)
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  • Commentary on “Where is the reasonable?”.Jean Goodwin - unknown
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  • Designing Soundscapes for Argumentation.Justin Eckstein - 2018 - Philosophy and Rhetoric 51 (3):269-292.
    Arguments do not occur against silent backdrops. From the drone of televisions to the music in a retail space to the symphony of combustion engines on the street, we are perpetually immersed in sound. We live in a noisy world. The combined sounds of these environments, or soundscapes, provide the very conditions of social interaction. Charles Hirschkind remarked that soundscapes are as necessary "to politics and public reason as are markets, associations, formal institutions, and information networks". These soundscapes are far (...)
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