In this paper I recapitulate the ideas of Berman and Hafner (1993) regarding the role of teleology in legal argument. I show how these ideas can be used to address some issues arising from more recent work on legal argument, and how this relates to ideas associated with the New Rhetoric of Perelman. I illustrate the points with a discussion of the classic problem of which vehicles should be allowed in parks.

J. Anthony Blair is a prominent international figure in argumentation studies. He is among the originators of informal logic, an author of textbooks on the informal logic approach to argument analysis and evaluation and on critical thinking, and a founder and editor of the journal Informal Logic. Blair is widely recognized among the leaders in the field for contributing formative ideas to the argumentation literature of the last few decades. This selection of key works provides insights into the history of (...) the field of argumentation theory and various related disciplines. It illuminates the central debates and presents core ideas in four main areas: Critical Thinking, Informal Logic, Argument Theory and Logic, Dialectic and Rhetoric. (shrink)

This paper examines whether philosophers of argument, in spite of their disavowing ‘timeless principles’, nevertheless embrace a set of principles, or axioms, to underlie argumentation theory. First, it reviews the thinking of some prominent philosophers of argument; second, it extracts some principles common to their philosophies; and third, it draws out possible consequences for argumentation theory and asks whether such theory has an underlying political posture.

Argumentation logicians have recognized a specter of relativism to haunt their philosophy of argument. However, their attempts to dispel pernicious relativism by invoking notions of a universal audience or a community of model interlocutors have not been entirely successful. In fact, their various discussions of a universal audience invoke the context-eschewing formalism of Kant’s categorical imperative. Moreover, they embrace the Kantian method for resolving the antinomies that continually vacillates between opposing extremes – here between a transcendent universal audience and a (...) context-embedded particular audience. This tack ironically restores the very external mediation they thought to obviate in their aim to ‘dethrone’ the absolutism and totalitarianism of formal logic with a democratic turn to audience adherence, the acceptability of premises and inferential links, and a contextual, or participant-relative, notion of cogency. (shrink)

One of the most crucial questions in the philosophy of law deals with the very nature of legal reasoning. Does this reasoning belong to logic or to rhetoric? This debate, increasingly centered on rhetoric, is not merely a question of language use; it covers and indicates a more basic choice between formal legalism — focusing on rational deduction from the law — and pragmatic judiciarism — focusing on reasonable debate in the court.Today, it is necessary to circumscribe the respective fields (...) of logic and rhetoric in the language of law, while showing how they are sometimes complementary in the resolution of legal problems.But, even when we have acknowledged the need for a rhetoric accompanied by logic, we have to define that rhetoric cautiously. I confront a narrow rhetoric, often called argumentation, with a wider one of interrogative nature. There are two conceptions of rationality at stake. Their comparison enables us to raise the question of the foundation of law, as a locus to use arguments, as well as to solve social problems. (shrink)

Humanist concerns to empower human beings and to promote justice inspired the modern argumentation movement. Turning to audience adherence and acceptability of inferential links raised a spectre of pernicious relativism that undermines concerns for justice. Invoking Perelman’s universal audi-ence as a remedy only begs the question with ‘whose universal audience?’ and frustrates fulfilling the jus-tice commitment. Turning discourse toward the common good better addresses concerns of justice and social justice.

This essay discusses the developments and trends of research in legalargumentation of the last 25 years. The essay starts with a survey of thevarious approaches which can be distinguished: the logical approach, therhetorical approach, and the dialogical approach. Then it identifies varioustopics in the research, which constitute the various components of aresearch programme of legal argumentation: the philosophical component, thetheoretical component, the reconstruction component, the empiricalcomponent, and the practical component. It concludes with a discussion ofthe main trends in the research (...) of the last 25 years. (shrink)

Infusing logic with new rhetoric, dialogical pragmatics, and emphasizing argument context revolutionized the practice of logic. Critiquing oppressive practices and promoting justice, argumentationists empower participants to mediate their own argumentative situations. Against relativism to rescue the normative utility of good argument, argumentationists invoke the universal audience. Still, context-concerns eclipse its independence or resurrect rationalist absolutism. This vacillation imposes an external mediation that subverts establishing theoretical ground for promoting an empowering culture of justice.