By synthesizing the argumentation theory of new rhetoric with research on heuristics and motivated reasoning, we develop a conceptual view of argumentation based on reasoning motivations that sheds new light on the morality of decision-making. Accordingly, we propose that reasoning in eristic argumentation is motivated by psychological (e.g., anxiety reduction) or material (e.g., vested interests) gains that do not depend on resolving the problem in question truthfully. Contrary to heuristic argumentation, in which disputants genuinely argue to reach a practically rational (...) solution, eristic argumentation aims to defeat the counterparty rather than seeking a reasonable solution. Eristic argumentation is susceptible to arbitrariness and power abuses; therefore, it is inappropriate for making moral judgments with the exception of judgments concerning moral taboos, which are closed to argumentation by their nature. Eristic argumentation is also problematic for strategic and entrepreneurial decision-making because it impedes the search for the right heuristic under uncertainty as an ecologically rational choice. However, our theoretical view emphasizes that under extreme uncertainty, where heuristic solutions are as fallible as any guesses, pretense reasoning by eristic argumentation may be instrumental for its adaptive benefits. Expanding the concept of eristic argumentation based on reasoning motivations opens a new path for studying the psychology of reasoning in connection to morality and decision-making under uncertainty. We discuss the implications of our theoretical view to relevant research streams, including ethical, strategic and entrepreneurial decision-making. (shrink)

Deanna Kuhn's theory of informal argumentation (1991) evaluates arguments according to a theory/evidence model where subjects first articulate a theory and then must provide critical testing of alternatives on the basis of evidence. Using this model, Kuhn reports that many subjects fail to supply adequate evidence for their 'theories' and are often unable or unwilling to generate alternatives. In this paper an account of practical reasoning is provided that suggests an alternate interpretation for Kuhn's subjects' poor perfonnance. It is argued (...) that treating practical arguments as failed theoretical justifications causes Kuhn to misrepresent the contribution of many of her subjects' arguments. (shrink)

Many ethical issues facing managers of multinational corporations are polycentric problems. That is, they involve a number of distinct centers -- each of which define rights and obligations of a multiplicity of affected parties -- and resolving matters around one center typically creates unpredictable repercussions around one or more of the other centers. Polycentricity is a normative phenomenon especially unsuited for adjudication, often requiring recourse to alternative processes of contract (or reciprocal adjustment) and managerial direction. This study explores how such (...) concerns about the limits of adjudication (and its various moral counterparts) apply to international decisionmaking connected to human rights obligations of multinational companies. The focus is on ethical problems such as controlling child labor in LDCs such as Bangladesh, India and Pakistan; setting wages in developing countries like Honduras; and conducting business transactions with rights-violating regimes, such as the governments of Nigeria and Myanmar. (shrink)

Some conspicuous characteristics of argumentation as we all know this phenomenon from our shared everyday experiences are in my view vital to its theoretical treatment because they should have methodological consequences for the way in which argumentation research is conducted. To start with, argumentation is in the first place a communicative act complex, which is realized by making functional verbal communicative moves.

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

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)

Starting from a concept of reasonableness as well-consideredness, it is discussed in what way science could serve as a model for reasonable argumentation. It turns out that in order to be reasonable two requirements have to be fulfilled. The argumentation should comply with rules which are both problem-valid and intersubjectively valid. Geometrical and anthropological perspectives don't meet these criteria, but a critical perspective does. It is explained that a pragma-dialectical approach to argumentation which agrees with this critical perspective is indeed (...) problem-valid and that strong pragmatic and utilitarian arguments can be given for its intersubjective validity. Thus, conventional validity is promoted for a code of conduct for discussants who want to resolve their disputes reasonably by way of a critical discussion. (shrink)

Designing security measures often involves trade-offs between various types of objectives. Multiple stakeholders may have conflicting demands and may have different ideas on how to resolve the resulting design conflicts. This paper reports on an application of value-sensitive design. Based on argumentation theory and social values, the paper develops a structured approach for discussing design conflicts, called value-based argumentation. The application domain examined in the paper is concerned with physical safety and security issues that arise in cross-border shipments. We first (...) identify the kinds of dialogues that take place in this domain, in particular, audit dialogues to determine whether security measures comply with regulations. Based on argumentation theory we develop a formal language and a diagramming approach intended to facilitate parties in identifying, discussing and reaching agreement about security risks and corresponding mitigation measures. Trade-offs can be dealt with by making underlying values explicit. Using a stylized example, the approach was successfully taught to practitioners working with EU customs regulations. Practitioners generally found the approach helpful, in particular to bring out implicit underlying motivations. We conclude by discussing how our approach can be generalized to other kinds of dialogues involving design conflicts. (shrink)

Compliance is often achieved ‘by design’ through a coherent system of controls consisting of information systems and procedures. This system-based control requires a new approach to auditing in which companies must demonstrate to the regulator that they are ‘in control’. They must determine the relevance of a regulation for their business, justify which set of control measures they have taken to comply with it, and demonstrate that the control measures are operationally effective. In this paper we show how value-based argumentation (...) theory can be applied to the compliance domain. Corporate values motivate the selection of control measures (actions) which aim to fulfil control objectives, i.e. adopted norms (goals). In particular, we show how to formalize the audit dialogue in which companies justify their compliance decisions to regulators using value-based argumentation. The approach is illustrated by a case study of the safety and security measures adopted in the context of EU customs regulation. (shrink)

Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the presumption of innocence, fail.

In this paper I argue that to explain and resolve some kinds of disagreement we need to go beyond what logic alone can provide. In particular, following Perelman, I argue that we need to consider how arguments are ascribed different strengths by different audiences, according to how accepting these arguments promotes values favoured by the audience to which they are addressed. I show how we can extend the standard framework for modelling argumentation systems to allow different audiences to be represented. (...) I also show how this formalism can explain how some disputes can be resolved while in others the parties can only agree to differ. I illustrate this by consideration of a legal example. Finally, I make some suggestions as to where these values come from, and how they can be used to explain differences across jurisdictions, and changes in views over time. (shrink)

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.

There is an increasing need for norms to be embedded in technology as the widespread deployment of applications such as autonomous driving, warfare and big data analysis for crime fighting and counter-terrorism becomes ever closer. Current approaches to norms in multi-agent systems tend either to simply make prohibited actions unavailable, or to provide a set of rules which the agent is obliged to follow, either as part of its design or to avoid sanctions and punishments. In this paper we argue (...) for the position that agents should be equipped with the ability to reason about a system’s norms, by reasoning about the social and moral values that norms are designed to serve; that is, perform the sort of moral reasoning we expect of humans. In particular we highlight the need for such reasoning when circumstances are such that the rules should arguably be broken, so that the reasoning can guide agents in deciding whether to comply with the norms and, if violation is desirable, how best to violate them. One approach to enabling this is to make use of an argumentation scheme based on values and designed for practical reasoning: arguments for and against actions are generated using this scheme and agents choose between actions based on their preferences over these values. Moral reasoning then requires that agents have an acceptable set of values and an acceptable ordering on their values. We first discuss how this approach can be used to think about and justify norms in general, and then discuss how this reasoning can be used to think about when norms should be violated, and the form this violation should take. We illustrate how value based reasoning can be used to decide when and how to violate a norm using a road traffic example. We also briefly consider what makes an ordering on values acceptable, and how such an ordering might be determined. (shrink)

In this paper we consider persuasion in the context of practical reasoning, and discuss the problems associated with construing reasoning about actions in a manner similar to reasoning about beliefs. We propose a perspective on practical reasoning as presumptive justification of a course of action, along with critical questions of this justification, building on the account of Walton. From this perspective, we articulate an interaction protocol, which we call PARMA, for dialogues over proposed actions based on this theory. We outline (...) an axiomatic semantics for the PARMA Protocol, and discuss two implementations which use this protocol to mediate a discussion between humans. We then show how our proposal can be made computational within the framework of agents based on the Belief-Desire-Intention model, and illustrate this proposal with an example debate within a multi agent system. (shrink)

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...) for argument from fairness is shown to be based on a special principle in Perelman’s theory of justice. (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 approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or (...) equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law. (shrink)

The article discusses burden of proof rules in social criticism. By social criticism I mean an argumentative situation in which an opponent publicly argues against certain social practices; the examples I consider are discrimination on the basis of species and discrimination on the basis of one's nationality. I argue that burden of proof rules assumed by those who defend discrimination are somewhat dubious. In social criticism, there are no shared values which would uncontroversially determine what is the reasonable presumption and (...) who has the burden of proof, nor are there formal rules which would end the debate and determine the winner at a specific point. (shrink)

In some cases of disagreement, particularly in ethics and law, it is impossible to provide any conclusive demonstration. The role of argument in such cases is to persuade rather than to prove. Drawing on ideas ofPerelrnan, we argue that persuasion in such cases relies on a recognition that the strength of such arguments will vary according to their audience, and depends on the comparative weight that the audiences gives to the social values that it advances. To model this, we introduce (...) the notion of Value-based Argumentation Frameworks (VAFs), an extension of Argumentation Frameworks as originally introduced by Dung. We then describe a dialogue game based on VAFs, designed to model persuasive argumentation, which we illustrate with a widely discussed ethical problem. (shrink)

The centrality of argumentation in the judicial process is an age-old acquisition of research on legal discourse. Notwithstanding the deep insights provided by legal theoretical and philosophical works, only recently has judicial argumentation been tackled in its linguistic dimension. This paper aims to contribute to the development of linguistic studies of judicial argumentation, by shedding light on evaluation as a prominent aspect in the construction of the judge’s argumentative position. Evaluation as a deep structure of judicial argumentation is studied from (...) a discursive point of view entailing the analysis of a sample of authentic judicial language. Evaluative lexis is investigated within a single genre of judicial discourse, i.e. judgments, instantiated by a corpus of US Supreme Court judgments. Findings show that judges use diversified strategies to take stance as they organise their argumentative discourse: from easily recognisable verbal and adjectival tools to more finely-grained discourse elements such as the encapsulating pattern ‘this/these/that/those + labelling noun’. (shrink)

In this paper it is shown how certain defeasible argumentation schemes can be used to represent the logical structure of the most common types of argument used for statutory interpretation both in civil and common law. The method is based on an argumentation structure in which the conclusion, namely, the meaning attributed to a legal source, is modeled as a claim that needs that is be supported by pro and con defeasible arguments. The defeasible nature of each scheme is shown (...) by means of critical questions, which identify the default conditions for the accepting interpretative arguments and provide a method for evaluating a given argument as weak or strong. (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.

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.