The rhetorical theory of argument, if held as a conclusion of an argument, is self-defeating. The rhetorical theory can be refined, but these refinements either make the theory subject to a second self- defeat problem or tacitly an epistemic theory of argument.

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and (...) this element of truth is not obviated by the more powerful logical techniques that are now available. (shrink)

George MacDonald Ross; Philosophy in Schools, Journal of Philosophy of Education, Volume 22, Issue 2, 30 May 2006, Pages 207–219, https://doi.org/10.1111/j.1467.

The BankXX system models the process of perusing and gathering information for argument as a heuristic best-first search for relevant cases, theories, and other domain-specific information. As BankXX searches its heterogeneous and highly interconnected network of domain knowledge, information is incrementally analyzed and amalgamated into a dozen desirable ingredients for argument (called argument pieces), such as citations to cases, applications of legal theories, and references to prototypical factual scenarios. At the conclusion of the search, BankXX outputs the set of argument (...) pieces filled with harvested material relevant to the input problem situation.This research explores the appropriateness of the search paradigm as a framework for harvesting and mining information needed to make legal arguments. In this article, we describe how legal research fits the heuristic search framework and detail how this model is used in BankXX. We describe the BankXX program with emphasis on its representation of legal knowledge and legal argument. We describe the heuristic search mechanism and evaluation functions that drive the program. We give an extended example of the processing of BankXX on the facts of an actual legal case in BankXX's application domain — the good faith question of Chapter 13 personal bankruptcy law. We discuss closely related research on legal knowledge representation and retrieval and the use of search for case retrieval or tasks related to argument creation. Finally we review what we believe are the contributions of this research to the understanding of the diverse disciplines it addresses. (shrink)

This paper takes up Berman and Hafner's (1993) challenge to model legal case-based reasoning not just in terms of factual similarities and differences but also in terms of the values that are at stake. The formal framework of Prakken and Sartor (1998) is applied to examples of case-based reasoning involving values, and a method for formalising such examples is proposed. The method makes it possible to express that a case should be decided in a certain way because that advances certain (...) values. The method also supports the comparison of conflicting precedents in terms of values, and it supports debates on the relevance of distinctions in terms of values. (shrink)

Dialogues and dialectics have come to playan important role in the field of ArtificialIntelligence and Law. This paper describes thelegal-theoretical and logical background of this role,and discusses the different services into whichdialogues are put. These services include:characterising logical operators, modelling thedefeasibility of legal reasoning, providing the basisfor legal justification and identifying legal issues,and establishing the law in concrete cases. Specialattention is given to the requirements oflaw-establishing dialogues.

That bootstrapping and Moorean reasoning fail to instantiate persuasive argumentation is an often informally presented but not systematically developed view. In this paper, I will argue that this unpersuasiveness is not determined by principles of justification transmission but by two straightforward principles of rationality, understood as a concept of internal coherence. First, it is rational for S to believe the conclusion of an argument because of the argument, only if S believes sufficiently many premises of the argument. Second, if S (...) doubts that a source O is reliable and believes that information i is delivered by O, then S rationally suspends judgment about the truth of i. This paper aims to accomplish two tasks. First, it provides a thorough analysis of why bootstrapping argumentation is not an instance of rational persuasion. Second, it contains a more general theory about preconditions and limits of persuasive argumentation. (shrink)

“Is every definition persuasive?” If essentialist views on definition are rejected and a pragmatic account adopted, where defining is a speech act which fixes the meaning of a term, then a problem arises: if meanings are not fixed by the essence of being itself, is not every definition persuasive? To address the problem, we refer to Douglas Walton’s impressive intellectual heritage—specifically on the argumentative potential of definition. In finding some non-persuasive definitions, we show not every definition is persuasive. The persuasiveness (...) lies not in syntactic or semantic properties, but the context. We present this pragmatic account and provide rules for analysing and evaluating persuasive definition—a promising direction for further research. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.

This paper explores the interrelations between temporality and emotion in rhetorical argumentation. It argues that in situations of uncertainty argumentation affects action via appeals that invoke emotion and thereby translate the distant past and future into the situated present. Using practical inferences, a threefold model for the interrelation of emotion and time in argumentation outlines how argumentative action depends on whether speakers provide reasons for the exigence that makes a decision necessary, the contingency of the decision, and the confidence required (...) to act. Experiences and choices from the past influence the emotions experienced in the present and inform two intertemporal mechanisms that allow speakers and audiences to take the leap of faith that defines decision-making under uncertainty: retrospective forecasting and prospective remembering. Retrospective forecasting establishes a past–future–present link, whereas prospective remembering establishes a future-past-present link, and, together, the two mechanisms provide a situated presence that transcends the temporal constraints of uncertainty. Finally, the applicability of the model is illustrated through an analysis of a speech delivered by Danish Prime Minister Mette Frederiksen at the outset of the COVID-19 pandemic, a time where the need for decisive, yet argumentative action was crucial. (shrink)

The aim of this article is to show how modifications of meaning can influence argumentation. I present the basic concept of so-called ‘semantic argumentation,’ its definition, and its different variants. I analyse the various kinds of argument in which meanings of terms are modified in support of a persuasive goal. The analysis of different semantic arguments reveals certain structures and patterns that are needed to construct a typology of such arguments. I thus outline a basic concept of argumentation based on (...) modifications of meaning, before presenting various examples of such arguments together with an analysis of their structures, and then, finally, constructing a typology for them. (shrink)

The informal logic movement began as an attempt to develop – and teach – an alternative logic which can account for the real life arguing that surrounds us in our daily lives – in newspapers and the popular media, political and social commentary, advertising, and interpersonal exchange. The movement was rooted in research and discussion in Canada and especially at the University of Windsor, and has become a branch of argumentation theory which intersects with related traditions and approaches (notably formal (...) logic, rhetoric and dialectics in the form of pragma-dialectics). In this volume, some of the best known contributors to the movement discuss their views and the reasoning and argument which is informal logic’s subject matter. Many themes and issues are explored in a way that will fuel the continued evolution of the field. Federico Puppo adds an insightful essay which considers the origins and development of informal logic and whether informal logicians are properly described as a “school” of thought. In considering that proposition, Puppo introduces readers to a diverse range of essays, some of them previously published, others written specifically for this volume. (shrink)

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 (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

This article discusses how the study of metaphoric and more generally, figurative language use contributes to critical discourse analysis. It shows how cognitive linguists’ recognition of metaphor as a fundamental means of concept- and argument-building can add to CDA's account of meaning constitution in the social context. It then discusses discrepancies between the early model of conceptual metaphor theory and empirical data and argues that discursive-pragmatic factors as well as sociolinguistic variation have to be taken into account in order to (...) make cognitive analyses more empirically and socially relevant. In conclusion, we sketch a modified cognitive approach informed by Relevance Theory within CDA. (shrink)

We report on an exploratory study of the way eight mid-level undergraduate mathematics majors read and reflected on four student-generated arguments purported to be proofs of a single theorem. The results suggest that mid-level undergraduates tend to focus on surface features of such arguments and that their ability to determine whether arguments are proofs is very limited -- perhaps more so than either they or their instructors recognize. We begin by discussing arguments (purported proofs) regarded as texts and validations of (...) those arguments, i.e., reflections of individuals checking whether such arguments really are proofs of theorems. We relate the way the mathematics research community views proofs and their validations to ideas from reading comprehension and literary theory. We then give a detailed analysis of the four student-generated arguments and finally analyze the eight students' validations of them. (shrink)

In public communication contexts, such as when a company announces the proposal for an important organizational change, argumentation typically involves multiple audiences, rather than a single and homogenous group, let alone an individual interlocutor. In such cases, an exhaustive and precise characterization of the audience structure is crucial both for the arguer, who needs to design an effective argumentative strategy, and for the external analyst, who aims at reconstructing such a strategic discourse. While the peculiar relevance of multiple audience is (...) often emphasized in the argumentation literature and in rhetorical studies, proposals for modelling multi-audience argumentative situations remain scarce and unsystematic. To address this gap, we propose an analytical framework which integrates three conceptual constructs: Rigotti and Rocci’s notion of communicative activity type, understood as the implementation of an interaction scheme into a piece of institutional reality, named interaction field; the stakeholder concept, originally developed in strategic management and public relations studies to refer to any actor who affects and/or is affected by the organizational actions and who, accordingly, carries an interest in them; the concept of participant role as it emerges from Goffman’s theory of conversation analysis and related linguistic and media studies. From this integration, we derive the notion of text stakeholder for referring to any organizational actor whose interest becomes an argumentative issue which the organizational text must account for in order to effectively achieve its communicative aim. The text stakeholder notion enables a more comprehensive reconstruction and characterization of multiple audience by eliciting the relevant participants staged in a text and identifying, for each of them, the interactional role they have, the peculiar interest they bear and the related argumentative issue they create. Considering as an illustrative case the defense document issued by a corporation against a hostile takeover attempt made by another corporation, we show how this framework can support the analysis of strategic maneuvering by better defining the audience demand and, so, better explaining how real arguers design and adapt their topical and presentational choices. (shrink)

In this paper, I argue that, other things being equal, simpler arguments are better. In other words, I argue that, other things being equal, it is rational to prefer simpler arguments over less simple ones. I sketch three arguments in support of this claim: an argument from mathematical proofs, an argument from scientific theories, and an argument from the conjunction rule.

Taking Blair’s recent contribution to the debate about the triad as its starting point, the paper discusses and challenges the effort to reduce the intricate relationship between rhetoric, dialectic, and logic to a single criterion or watertight trichotomy. I argue that such efforts obscure the complexities within the fields, their differences being partly due to disciplinary traditions. They neglect the intermingling properties of the fields as well as the possibilities for theoretical bridging between them.

Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to a determination of whether an (...) argument in a specific case is relevant are not in these examples. The approach is based on a linguistic account of dialogue and text from congruity theory, and on the notion of a dialectical shift. Such a shift occurs where an argument starts out as fitting into one type of dialogue, but then it only continues to makes sense as a coherent argument if it is taken to be a part of a different type of dialogue. (shrink)

Archimedes of Syracuse has long provided a touchstone for considering how we make and acquire knowledge. Since the early Roman chroniclers of Archimedes’ life, and especially intensively since Descartes, scholars have described, sought, or derided the Archimedean point, defining and redefining its epistemic role. “Knowledge,” at least within modernity, is rhetorically tied to the figure of the Archimedean point, a place somewhere outside a regular and constrained world of experience. If this figure still leads to useful ways of thinking about (...) knowing, we are left with the question of how different modes of making knowledge approach their “Archimedean” points. The question is especially important today as a renewed .. (shrink)

Feminists note an association of arguing with aggression and masculinity and question the necessity of this connection. Arguing also seems to some to identify a central method of philosophical reasoning, and gendered assumptions and standards would pose problems for the discipline. Can feminine modes of reasoning provide an alternative or supplement? Can overarching epistemological standards account for the benefits of different approaches to arguing? These are some of the prospects for argumentation inside and outside of philosophy that feminists consider. -/- (...) The further concern is that the academic study of argumentation – in philosophy and other disciplines – has failed to account for the type of reasoning needed for social justice movements. What resources for addressing these concerns can be found in informal logic and interdisciplinary argumentation theory? Since part of the perceived problem derives from assuming that arguing is a contest, are more collaborative epistemological frameworks better? Can regular politeness or civility hedge against undesirable tendencies of argumentation? Can “critical thinking” pedagogy involving argument educations answer the needs of social justice? (shrink)

This short paper appears in a volume of original essays, On Philosophy in American Law (Francis J. Mootz III ed., Cambridge Univ. Press 2009). I argue that the undeniable rift between philosophy and law is more than a simple dichotomy of theory and practice. Instead, the sharp distinction between philosophy and law occurred when both disciplines built insular guilds that employed distinctive vocabularies to distinguish themselves from rhetoric, and it is by returning to their roots in rhetoric that philosophy and (...) law might find their common ground in the elucidation of rhetorical knowledge. (shrink)

In this paper, we show that God is portrayed in the Hebrew Bible and in the Rabbinic literature—some of the very Hebrew texts that have influenced the three major world religions of Judaism, Christianity, and Islam—as One who can be argued with and even changes his mind. Contrary to fundamentalist positions, in the Hebrew Bible and other Jewish texts God is omniscient but enjoys good, playful argumentation, broadening the possibilities for reasoning and reasonability. Arguing with God has also had a (...) profound influence upon Jewish humor, demonstrating that humans can joke with God. More specifically, we find in Jewish literature that humor’s capacity to bisociate between different domains of human experience can share a symbiotic relationship with argumentation’s emphasis on producing multiple, contested perspectives. Overall, once mortals realize that figures such as God can accept many perspectives through humor, teasing, arguing, criticism, and in at least one case, even lawsuits, a critical point emerges: citizens should learn to live, laugh, and reason with others with whom they disagree. (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 purpose of this paper is to defend and justify the hypothesis that Perelman’s New Rhetoric can enable the French school of Discourse Analysis to readjust its theoretical positions concerning the ethics of discourse. While it is no longer necessary, in the wake of linguists such as Benveniste and Kerbrat-Orecchioni, to point out the founding role of the inscription of subjectivity in language, it is, paradoxically, still necessary to justify the legitimacy of choosing the axiological dimension of discourse and its (...) ethical issues as a scientific object. Indeed, very few linguists view Perelman’s New Rhetoric as a logic and a “pragmatics” of values; most of them prefer to view it as a technical reservoir of types of arguments (Cf. concerning the critical enumeration and classification of references to the NR, raised in approximately forty linguistic works, Koren 2002: 197–228). So far, the notions of “guarantee” and “commitment” are integrated in pragmatic linguistic theories; but these notions have mostly to do with a “commitment” vis-à-vis a referential truth. Truth is still considered as the ultimate value, as the normative reference to every questioning on discursive rectitude. We are thus left with an epistemological lacuna, namely the integration of the responsibility for value judgments in linguistic theories, that could be partially answered for by the New Rhetoric. An editorial from Le Monde will be analyzed to illustrate this point of view. (shrink)

Despite Vancil’s (1979) proclamation over twenty years ago that topoi have been abandoned in argument theory, this essay contends that topoi should have a vital role in contemporary argumentation theory. Four key areas are identified where topoi are (or can be) essential tools for argumentation: Locating argument, building argument, development of critical thinking, and argument pedagogy. As a result, teachers and students of argument can both benefit from a (re)discovery of topoi.

A strong argument culture is characterized by at least five productive tensions, between: commitment and contingency, partisanship and restraint, personal conviction and sensitivity to the audience, reasonableness and subjectivity, and decision and non-closure. Differences in how communities manage these tensions explain why there are multiple argument cultures and, hence, why we need to understand arguing both within and among different cultures. The paper elaborates these five productive tensions, offers some examples of argument cultures that negotiate them in various ways, and (...) considers what it means to argue across cultures in a world that is both increasingly diverse and increasingly atomized. (shrink)

Arguments about fallacies generally attempt to distinguish real from apparent modes of argumentation and reasoning. To examine the structure of these arguments, this paper develops a theory of dialectical distinction. First, it explores the connection between Nicholas Rescher's concept of distinction as a "dialectical countermove" and Chaim Perelman and L. Olbrecht-Tyteca's "dissociation of ideas." Next, it applies a theory of distinction to Aristotle's extended arguments about fallacies in De Sophisticis Elenchis, primarily with a view to analyzing its underlying strategies of (...) argumentation. Finally, it examines how second-order distinctions (those designed to challenge previously formulated distinctions) underpin current arguments against the Aristotelian or "Standard Treatment" of the fallacies. (shrink)

While still subject to differing interpretations Perelman’s theory of audience has potential as an evaluative tool in rhetorical criticism as demonstrated by Gross and Crosswhite. I compare their explanations of how politicians address the universal audience and the respective implications for evaluating the argumentation and then argue that although Gross provides a more immediately applicable theory, Crosswhite’s interpretation recommends itself by virtue of its wider scope in regard to deliberative rhetoric.

Perelman’s view of the role of persons in argument is one of the most distinctive features of his break with Cartesian assumptions about reasoning. Whereas the rationalist paradigm sought to minimize or eliminate personal considerations by dismissing them as distracting and irrelevant, Perelman insists that argumentation inevitably does and ought to place stress on the specific persons engaged in an argument and that the relationship between speaker and what is spoken is always relevant and important. In taking this position, Perelman (...) implicitly revives the classical conception of proof by character (ethos or “ethotic” argument), but despite an extended discussion of act and person in argument, The New Rhetoric does not give much consideration to the classical concept and confuses differing approaches to it within the tradition. The result is that Perelman treats the role of the speaker in argument only by reference to abstract techniques and does not recognize the importance of examining particular cases in order to thicken understanding of how ethotic argument works in the complex, situated context of its actual use. Consequently, Perelman’s account of the role of persons in argument should be supplement by reference to case studies, and to that end, I consider ethotic argument in W.E.B. Du Bois’ famous essay “Of Mr. Booker T. Washington and Others”. (shrink)

This article asks whether Perelman’s concepts of the audience can help us achieve a better understanding of the Internet Audience in the specific context of the recent French and American presidential elections. It concludes that Perelman’s notion of “argumentation before a single hearer” is most useful for that purpose. Applying it to Internet audience allows us to discern some of the communicative devices, such as appeal to participation and appeal to proximity, used by candidates in order to achieve a higher (...) degree of involvement on the part of the surfers and potential voters, which in turn is translated to action by the surfers/voters on behalf of the candidate. The application of Perelman’s concept shows that on the Web the interaction between the candidate and the surfer shifts from an argumentative situation per se to a context in which what appears to be a dialogue or conversation invites connivance between rhetor and audience. (shrink)

I argue that Darwinian evolutionary theory has a rhetorical dimension and that rhetorical criticism plays a role in how evolutionary science acquires knowledge. I define what I mean by rhetoric by considering Darwin’s Origin. I use the Modern Evolutionary Synthesis to show how rhetoric conceived as situated and addressed argumentation enters into evolutionary theorizing. Finally, I argue that rhetorical criticism helps judge the success, limits, and failures of these theories.

Mercier & Sperber (M&S) argue for their argumentative theory in terms of communicative abilities. Insights can be gained by extending the discussion beyond human reasoning to rodent and robot navigation. The selection of arguments and conclusions that are mutually reinforcing can be cast as a form of abductive reasoning that I argue underlies the construction of cognitive maps in navigation tasks.

Over the past thirty years or so, theoretical work in such fields as legal semiotics and law and literature has argued that the legal process is profoundly rhetorical. At the same time, a number of communication-based disciplines such as semiotics, sociolinguistics and linguistic anthropology have provided, particularly in interdisciplinary combination with law, a wealth of empirical evidence on, and insight into, the micro-contexts of language and communication in the legal process. However, while these invaluable nitty-gritty analyses provide empirical support for (...) a rhetorical thesis, work in these areas has tended to ignore rhetoric as an explanatory principle. This article introduces an overarching rhetorical framework for the discursive construction and management of cases in contemporary Anglo-American legal processes. Taking ‘forensic’ as relating to the conduct of cases and ‘discourse’ as semiosis-in-practice, I argue that the practices within which forensic discourse is embedded are not, as the received legal view would have it, aimed at revealing an impartial truth but are deeply rhetorical practices aimed at persuading decision-makers to provide a remedy for a claimed wrong. By looking across forensic texts and contexts, I identify common elements of forensic discourse that can be found both in classical forensic orations and throughout the modern legal process and consider how these intersect with critical forces of agency and structure and the particularities of semiosis in situated context. An awareness of commonalities across forensic discourse can help sharpen our focus on the critical causes and consequences of individual and structural difference and point to consequential suggestions for reform. (shrink)

The use of digital presentation tools such as PowerPoint is ubiquitous; however we still do not know much about the persuasiveness of these programs. Examining the use of visual analogy and visual chronology, in particular, this article explores the use of visual argumentation in a Keynote presentation by Al Gore. It illustrates how images function as an integrated part of Gores reasoning.

We provide a retrospective of 25 years of the International Conference on AI and Law, which was first held in 1987. Fifty papers have been selected from the thirteen conferences and each of them is described in a short subsection individually written by one of the 24 authors. These subsections attempt to place the paper discussed in the context of the development of AI and Law, while often offering some personal reactions and reflections. As a whole, the subsections build into (...) a history of the last quarter century of the field, and provide some insights into where it has come from, where it is now, and where it might go. (shrink)

Although he does not provide a general analysis of argumentation, Aristotle is a highly influential source of modern argumentation theory. In his treatises the Topics, the Sophistical Refutations and the Rhetoric, Aristotle presents complementary aspects of a theory of sound arguments that are seen as the most effective means of persuasion. Aristotle’s central notion of a deductive argument (sullogismos) does not include references to an addressee, the situative context or non-verbal aspects of communication, and thus differs from some modern views (...) on argumentation. A deductive argument in the Aristotelian sense is a sequence of intellectual steps where the conclusion follows of necessity from the premises. Aristotle does not relativize or relax this notion but takes other factors into account by providing supplementary theoretical elements. For example, he reflects on acceptable premises (endoxa), the adjustment of rhetorical arguments to the horizon of the audience, methods of finding premises on the basis of argumentative schemes (topoi), the use of non-argumentative means of persuasion, and a framework of implicit discourse rules. Many of these themes are, albeit under a different name, still discussed in modern argumentation theory. (shrink)

According to van Eemeren, argumentation theory is a hybrid discipline, because it requires a multidisciplinary, if not interdisciplinary approach, combining descriptive and normative insights. He points out that modern argumentation theorists give substance to the discipline by relying either on a dialectical perspective, concentrating on the reasonableness of argumentation, or on a rhetorical perspective, concentrating on its effectiveness. Both the dialectical and the rhetorical perspective are interpreted in ways related to how they were viewed by Aristotle, but in modern argumentation (...) theory the relationship between the two, captured in Aristotle’s term antistrophos, is lost. According to van Eemeren, this relationship, which he considers crucial to a full-fledged argumentation theory, has been recovered in extended pragma-dialectics with the help of the theoretical notion of ‘strategic manoeuvring.’. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

This article reflects one scholar's attempt to locate herself within emerging ethical methodologies given a specific concern with cross-cultural women's moral praxis. The field of comparative ethics's debt to past debates over methodology is considered through a typology of three waves of methodological invention. The article goes on to describe a specific research focus on U.S. Catholic and Iranian Shii women that initiated a search for a distinct method. This method of comparative ethics, which focuses on the production of ethical (...) knowledge through the interaction of discursive logics of various moral agents, is described. The conclusion turns to how methodological invention can itself become a constructive project through the way it (1) locates the scholar in relation to her subject of study and (2) allows for isolation of tactics within specific moral discourses. (shrink)

Public policy decisions often require rhetorically-engaged citizens to have some understanding of the science and technology involved. On many current issues sectors of the public hold views differing from those of most scientists, and they often do not support proposals based on the scientists’ views. The overall cultural authority of science has also been challenged in the last decade by several negative trends in the sciences themselves, including widely-reported cases of fraud and failures in replication. With the support of professional (...) science organizations, science communication specialists have stepped in aggressively to address science’s communication problems scientifically. This paper will examine the assumptions behind their advice on scientific information, their recommended strategies of framing, narration, and projecting trustworthiness, and their characterizations of audiences and the nature of science itself. From the perspective of rhetorical argumentation, the science communication literature does not promote addressing audiences as citizens capable of rational argumentation. But the science of science communication is likely to remain the dominant approach to public science with the professional science community. (shrink)

Iran's nuclear program has garnered a great deal of media attention for nearly a decade, yet critical discourse scholars have been relatively silent on the matter. To spur more scholarship on the nuclear controversy, this study examines the language of nine interviews with former US Secretary of State Condoleezza Rice. Analyzing the opening questions of topic shifts, the relationship of scope and topic, and Secretary Rice's portrayal of the US and Iran, I argue that Rice used her media access as (...) a platform to encourage audiences to see Iran's nuclear program as a nuclear weapons program, often with the complicity of her interviewers and always without evidence. In the wake of the unilateralist American invasion of Iraq, Secretary Rice also worked to rebuild a positive image of the White House as she presented the US as a proponent of multilateral diplomacy as opposed to her portrayal of the Islamic Republic as a rogue state. (shrink)

A macroscope is proposed and tested here for the discovery of the unique argumentative footprint that characterizes how a collective manages differences and pursues disagreement through argument in a polylogue. The macroscope addresses broader analytic problems posed by various conceptualizations of large-scale argument, such as fields, spheres, communities, and institutions. The design incorporates a two-tier methodology for detecting argument patterns of the arguments performed in arguing by an interactive collective that produces views, or topographies, of the ways that issues are (...) generated in the making and defending of standpoints. The design premises for the macroscope build on insights about argument patterns from pragma-dialectical theory by incorporating research and theory on disagreement management and the Argumentum Model of Topics. The design reconceptualizes prototypical and stereotypical argument patterns for characterizing large-scale argumentation. A prototype of the macroscope is tested on data drawn from six threads about oil-drilling and fracking from the subreddit Changemyview. The implementation suggests the efficacy of the macroscope’s design and potential for identifying what communities make controversial and how the disagreement space in a polylogue is managed through stereotypical argument patterns in terms of claims/premises, inferential relations, and presentational devices. (shrink)

This paper critically assesses the possibility of moral enhancement with ambient intelligence technologies and artificial intelligence presented in Savulescu and Maslen (2015). The main problem with their proposal is that it is not robust enough to play a normative role in users’ behavior. A more promising approach, and the one presented in the paper, relies on an artifi-cial moral reasoning engine, which is designed to present its users with moral arguments grounded in first-order normative theories, such as Kantianism or utilitarianism, (...) that reason-responsive people can be persuaded by. This proposal can play a normative role and it is also a more promising avenue towards moral enhancement. It is more promising because such a system can be designed to take advantage of the sometimes undue trust that people put in automated technologies. We could therefore expect a well-designed moral reasoner system to be able to persuade people that may not be persuaded by similar arguments from other people. So, all things considered, there is hope in artificial intelli-gence for moral enhancement, but not in artificial intelligence that relies solely on ambient intelligence technologies. (shrink)

Computer-mediated communication (CMC) raises anew traditional questions of truth and trust. Challenges to communicating with truth and trust are exacerbated by qualities of CMC which encourage users to communicate mindlessly, particularly its capacity to evoke a sense of being present to an Other, despite different locations in time or space. Rhetorical presence and dialogic presentness are used to explore the communication dynamics of CMC and delineate some of the challenges of truthful and trustworthy CMC.

. Although the pages of Journal of Business Ethics have hosted an ongoing dialogue on the ethics of rhetoric and persuasion, the debates have been unable to account for the underlying morality of the human propensity to engage in rhetorical discourse as a part of living in society. In this paper, I offer natural-law ethical theory as a moral paradigm in which to examine rhetoric. In this context, I assert that rhetoric services reason, which in turn services our dispositions or (...) inclinations that are one ideological foundation of natural-law theory. As rhetoric affects the apprehension of these dispositions it subsumes a related morality in which rhetorical endeavors can be seen as “natural”. So endowed, I believe that this conception of rhetoric offers a number of philosophical and practical implications, one of which is a new way to assess the morality of commercial manifestations of rhetoric such as spin and the use of puffery in advertising. (shrink)