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)

Globally, robots can be described as some sets of moving parts that are dedicated to a task while using their own energy. Yet, humans commonly qualify those machines as being intelligent, autonomous or being able to learn, know, feel, make decisions, etc. Is it merely a way of talking or does it mean that robots could eventually be more than a complex set of moving parts? On the one hand, the language of robotics allows multiple interpretations (leading sometimes to misreading (...) or confusion in various contexts). On the other hand, the status of robots is challenged more and more by technical achievements and humans’ own empirical beliefs. In this paper, we follow a linguistic approach in order to explore the relevance of these words when talking about robots. Since we note that the words impose themselves (even if opposed), we discuss the efficiency of a rhetorical strategy in order to work with such a lexicon in robotics. More precisely, we explore the argumentative technique of the dissociation of notions through the study of a practical case: the case of robot lawn mowers versus hedgehogs. (shrink)

ABSTRACTThis paper seeks to reframe crises as moments of organizational opportunity instead of moments of organizational threat. The predominant crisis communication approach involves defensive pos...

In her 2007 paper, “Argument Has No Function” Jean Goodwin takes exception with what she calls the “explicit function claims”, arguing that not only are function-based accounts of argumentation insufficiently motivated, but they fail to ground claims to normativity. In this paper I stake out the beginnings of a functionalist answer to Goodwin.

The theory of rhetoric is recognised and widely used in a number of disciplines, particularly in the social sciences. It is therefore slightly surprising that it has not gained an important footing in jurisprudence. It is often argued that rhetoric and argumentative justification are clearly different issues. However, the present paper argues that they are in fact two aspects of argumentation and that the theory of rhetoric may be used also in the context of legal reasoning.

This essay examines the Brazilian deforestation debate to explicate the beginnings of a post-modern theory of argumentation. Modernist argumentation reflects two distinct approaches, found in the deforestation controversy. The first approach, ‘universal minimilization,’ presumes that the survival of humanity is sufficient grounds upon which to base argument. The alternative, ‘strategic manipulation,’ results in argument being employed as a technical device to advance one's interest. In place of the modernist approach, we offer an ecocentric theory of argumentation. This conception calls for (...) individuals to set aside differences in values to sustain humanity but at the same time to be sensitive to differences in costs and benefits that accrue from common efforts to persons differently situated. Additionally, this view operates with a tacit working assumption that environmental questions are not discrete entities to be evaluated separately. Rather, people must act collectively on a range of interconnected issues to ensure survival. (shrink)

Amedeo Giorgi has published a review article devoted to Phenomenology as Qualitative Research: A Critical Analysis of Meaning Attribution. However, anyone reading this article, but unfamiliar with the book, will get a distorted view of what it is about, whom it is addressed to, what it seeks to achieve and how it goes about presenting its arguments. Not mildly distorted, in need of the odd correction here and there, but systematically misrepresented. The article is a study in misreading. Giorgi misreads (...) the book's mise en scène; he misreads its narrative arc; he misreads individual arguments; he misreads short, simple passages; he misreads the philosophy of the science literature; he misreads his own data; he misreads the title; he misreads the blurb; he misreads the acknowledgements. In addition, there are serious failures of scholarship (ironically, he demonstrates how unacquainted he is with the relevant literature at the very moment he is accusing me of being ill‐informed). In this reply, I provide several examples of these errors, but my primary aim is to understand why Giorgi's misreading is as ubiquitous as it is. To this end, I explain his mistakes by reference to the hermetic epistemology within which he is confined. (shrink)

This article examines precontextualization: the rhetorical act of previewing and contextualizing a future discursive event. I examine how an NBC News broadcast selected verbal–visual representations of the past in order to enact a context for an upcoming discourse moment: Colin Powell’s 2003 United Nations address. The article draws on appraisal analysis, multimodal video analysis and scholarship on the rhetoric of futurity. I show that the NBC journalists who precontextualized Powell’s address on the night before its delivery presented viewers with a (...) supportive context for understanding Powell’s argument. By representing Saddam Hussein as deceptive and even deserving of future violence, the journalists essentially pre-confirmed arguments that Powell employed the next day. More importantly, because the news representations were presented as factual, they allowed viewers little space to consider alternative viewpoints – and little reason to question or resist the seemingly inexorable push for war. (shrink)

This commentary agrees with Mercier and Sperber's (M&S's) thesis on the argumentative function of reasoning but suggests that an account of argument strength is required. A Bayesian account of argument strength (Hahn & Oaksford 2007) shows how the deployment of deductive fallacies, weak inductive arguments, and judgment fallacies such as base-rate neglect, can all be rationally defended in the right argumentative context.

This paper discusses how an understanding of Jung's psychological types is important for the relevance of Gilbert's multi-modal argumentation theory. Moreover, it highlights how the types have been confirmed by contemporary neuroscience and cognitive psychology. Based on Gilbert's approach, I extend multi-modal argumentation to the area of legal argumentation. It seems that when we leave behind the traditional fortress of “logical” legal argumentation, we "discover" alternate modes that have always been present, concealed in the theoretically underestimated rhetorical skills of arguers.

TED Talks are still an unexplored genre of argumentation in which narrative arguments are often used in TED speakers’ strategic maneuvering to support a standpoint. In the present study, I combine the constructs of narrative positioning (NP) and strategic maneuvering (SM) to offer a conceptualization of how narrative is used in pragmatic argumentation as well as provide an exemplary analysis of a specific case of narrative arguments that were used in Winch’s (How to practice emotional first aid. https://www.ted.com/talks/guy_winch_the_case_for_emotional_hygiene.2014, 2014) TED (...) Talk. The proposed integration aims to provide a theoretical framework and empirical tools for reconstructing narrative arguments through connecting the underlying formal structure of narrative with aspects of TED speakers’ strategic maneuvering. Drawing on NP and SM constructs, the critical analysis explores how Winch’s narratives or “small stories” were strategically manipulated to support his stance with regard to the importance of mental health and to examine whether or not the use of narrative arguments as argumentation moves helped to enhance the dialectical reasonableness and rhetorical effectiveness of Winch’s argument. The analysis shows that the macro context and the knowledge gap between TED speakers and the audience makes the use of narrative arguments extremely effective. Although narrative arguments often receive criticism about their validity in providing sufficient evidence for a standpoint, their dialectical power lies in the flexibility of describing events in different fashions to draw pragmatic inferences that support the speaker’s stance. The study fills an important gap in the literature as it integrates recent approaches in narrative theory in the reconstruction and evaluation of narrative arguments in TED Talks. (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)

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 describes and defends the “virtues of ingenuity”: detachment, lucidity, thoroughness. Philosophers traditionally praise these virtues for their role in the practice of using reasoning to solve problems and gather information. Yet, reasoning has other, no less important uses. Conviction is one of them. A recent revival of rhetoric and argumentative approaches to reasoning (in psychology, philosophy and science studies) has highlighted the virtues of persuasiveness and cast a new light on some of its apparent vices—bad faith, deluded confidence, (...) confirmation and myside biases. Those traits, it is often argued, will no longer look so detrimental once we grasp their proper function: arguing in order to persuade, rather than thinking in order to solve problems. Some of these biases may even have a positive impact on intellectual life. Seen in this light, the virtues of ingenuity may well seem redundant. Defending them, I argue that the vices of conviction are not innocuous. If generalized, they would destabilize argumentative practices. Argumentation is a common good that is threatened when every arguer pursues conviction at the expense of ingenuity. Bad faith, myside biases and delusions of all sorts are neither called for nor explained by argumentative practices. To avoid a collapse of argumentation, mere civil virtues (respect, humility or honesty) do not suffice: we need virtues that specifically attach to the practice of making conscious inferences. (shrink)

This paper concerns the role of examples (paradeigmata) as propaedeutic to philosophical inquiry, in light of the methodological digression of Plato’s Statesman. Consistent with scholarship on Aristotle’s view of example, scholars of Plato’s work have privileged the logic of example over their rhetorical appeal to the soul of the learner. Following a small but significant trend in recent rhetorical scholarship that emphasizes the affective nature of examples, this essay assesses the psychagogic potential of paradeigmata, following the discussion of example in (...) Plato’s Statesman. I argue that, by creating an expectation for finding similarities, the use of examples in philosophical pedagogy cultivates in the soul of the learner a desire to discern the intelligible principles the ground experiential knowledge. Thus, examples not only serve as practice at the dialectician’s method of abstraction, but also cultivate a dialectical ethos, characterized by the desire to know the logoi of all things. (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.

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)

Chaïm Perelman and Lucie Olbrechts-Tyteca founded the Brussels school of argumentation in 1958, when they published their famous Traité de l'argumentation. Even if, in Brussels, Eugène Dupréel had already set out to rehabilitate the Sophists, the intellectual atmosphere in the French-speaking world was not very propitious for rhetoric. Most French intellectuals were plunged into ideological debates linked to the intellectual monopoly of the French communist party on societal issues. Free discussion was certainly not very topical. It was only after the (...) fall of the Berlin wall in 1989, five years after Perelman's death, that rhetoric began to draw increasing attention. His ideas then gained momentum in France, as .. (shrink)

Abstract How do people find arguments while engaged in a discussion? Following an analogy with visual search, a mechanism that performs this task is described. It is a metarepresentational device that examines representations in a mostly serial manner until it finds a good enough argument supporting one’s position. It is argued that the mechanism described in dual process theories as ‘system 2’, or analytic reasoning fulfills these requirements. This provides support for the hypothesis that reasoning serves an argumentative function. Content (...) Type Journal Article Pages 1-20 DOI 10.1007/s10503-011-9256-1 Authors Hugo Mercier, Philosophy, Politics and Economics Program, University of Pennsylvania, 313 Cohen Hall, 249 South 36th Street, Philadelphia, PA 19104, USA Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)

In studying how lay people evaluate arguments, psychologists have typically focused on logical form and content. This emphasis has masked an important yet underappreciated aspect of everyday argument evaluation: social cues to argument strength. Here we focus on the ways in which observers evaluate arguments by the reaction they evoke in an audience. This type of evaluation is likely to occur either when people are not privy to the content of the arguments or when they are not expert enough to (...) appropriately evaluate it. Four experiments explore cues that participants might take into account in evaluating arguments from the reaction of the audience. They demonstrate that participants can use audience motivation, expertise, and size as clues to argument quality. By contrast we find no evidence that participants take audience diversity into account. (shrink)

Originating in the Sophistic pedagogy of Protagoras and reflecting the sceptical practice of the New Academy, Quintilian's rhetorical pedagogy places a special emphasis on the juxtaposition of multiple, competing claims. This inherently dialogical approach to argumentation is referred to here as controversia and is on full display in Quintilian's own argumentative practice. More important to this paper, however, is the role of controversia as an organizing principle for Quintilian's rhetorical curriculum. In particular, Quintilian introduces the protocols of controversia through a (...) series of progressively more complex exercises in imitation, role-playing, and declamation (now referred to as situational games). All of these exercises are open for adaptation by contemporary teachers who would promote a dialogical approach to argument, i.e. argument with its methods of inquiry, invention, and judgment based on direct interaction with opposing parties. (shrink)

The purpose of this paper is to discuss some ways in which dialectical models can be put to computational use. In particular, we consider means of facilitating human-computer debate, means of catering for a wider range of dialogue types than purely debate and means of providing dialectical support for group dialogues. We also suggest how the computational use of dialectical theories may help to illuminate research issues in the field of dialectic itself.

This paper addresses the problems that lawyers experience retrieving information from legal-text databases. Traditional access mechanisms of text databases require users to know how information is stored. We propose a method for index organisation which shields lawyers from the internal storage structures and which allows them to address the legal databases in their own legal terms. The proposed index is based on a model of legal tasks as opposed to traditional database indexes which represent the contents of the database. We (...) will lay out the architecture of an information system in which this task model is used to determine the information need, to retrieve relevant documents and to give methodical guidance for the legal task itself. To account for the design of a task-based legal information retrieval system, a substantial part of this paper is devoted to analysis and representation of legal tasks. (shrink)

This study examines the relationship between US Marine discourse and civil–military public argument. A computer-aided semantic analysis of public record speech from senior Marine officers shows a style of cohesion, marked by future-oriented, inclusive, highly certain language. An appraisal theory discourse analysis of interviews with US Marines conducted during an ethnography of communication shows their talk argues discursively for cohesion. This way of speaking may constrain Marines in public argument, as they repeat ways of talking appropriate within the community, even (...) when situationally inappropriate for civilian audiences. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 7, Page 937-955, September 2022. Reasonableness is a complex notion recently developed by legal and political theorists. John Rawls’s famous proposal of ‘reasonableness as reciprocity’ requires careful testing in the light of several criteria arising from legal doctrine and adjudication. I enquire into this variety of concepts in search of a common thread that makes sense of the use of the same concept in diverse contexts. I assume the normative thrust of reasonableness as (...) an institutional and an individual virtue the basic core of which derives from Aristotelian phronesis. However, this double aspect of reasonableness betrays its major complexity that I try to shape through the help of two categories: subjective agency and objective context. The upshot of my enquiry will be that of showing that we can use another model, alternative to Rawls’s and better able to make sense of the variety of legal and ethical uses: Von Wright’s reasonableness as ‘the right way of living’. (shrink)

In contemporary society, as in classical Greece, we need citizens that deliberate well both for themselves and for society overall. Different competitors contend about the right principles in the theory of education. This paper holds that ‘character education’, descending from the ancient ethics of virtues, still represents the best option available for people who want to deliberate well for the common good. A special place in deliberation is taken by legal reasoning because the law is central in the distribution of (...) goods in our society. Rather than focusing only on rules and principles I follow the EV approach and focus on the qualities of the good decision-maker, the reasonable judge. The intellectual virtues of phronesis and techné combine those personal and professional qualities that we want at work in any judge. But it is the exercise of the civic art of rhetoric that expresses at best the public dimension of the reasonable judge. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

In recent years, several authors have argued that the desirability of novel technologies should be assessed early, when they are still emerging. Such an ethical assessment of emerging technologies is by definition focused on an elusive object. Usually promises, expectations, and visions of the technology are taken as a starting point. As Nordmann and Rip have pointed out in a recent article, however, ethicists should not take for granted the plausibility of such expectations and visions. In this paper, we explore (...) how the quality of expectations on emerging technologies might be assessed when engaging in a reflection on the desirability of emerging technologies. We propose that an assessment of expectations’ plausibility should focus on statements on technological feasibility, societal usability, and desirability of the expected technology. Whereas the feasibility statement and, to a lesser extent, the usability statements are frequently quite futuristic, the claims on desirability, by contrast, often display a conservative stance towards the future. Assessing the quality of expectations and visions on behalf of emerging technologies requires, then, a careful and well-directed use of both skepticism and imagination. We conclude with a brief overview of the tools and methods ethicists could use to assess claims made on behalf of emerging technologies and improve the ethical reflection on them. (shrink)

In the epistemology of disagreement literature an underdeveloped argument defending the claim that an agent need not conciliate when she becomes aware of epistemic peer disagreement is based on the idea that there are epistemic benefits to be gained from disagreement. Such benefits are unobtainable if an agent conciliates in the face of peer disagreement. I argue that there are good reasons to embrace this line of argument at least in inquiry-related contexts. In argumentation theory a deep disagreement occurs when (...) there is a disagreement between fundamental frameworks. According to Robert J. Fogelin disagreements between fundamental frameworks are not susceptible to rational resolution. Instead of evaluating this claim I argue that deep disagreements can lead to epistemic benefits, at least when inquiry is in view. Whether rational resolution is possible in cases of deep disagreements, their existence turns out to be epistemically beneficial. I conclude by examining whether this line of argument can be taken beyond research-related contexts.Dans la littérature sur l'épistémologie du désaccord, un argument sous-développé pour une approche non conciliatoire se fonde sur l'idée qu'il y a des bénéfices épistémiques à tirer du désaccord. De tels bénéfices sont impossibles à obtenir si un agent se concilie face au désaccord avec ses pairs, du moins dans les contextes liés à la recherche. Dans la théorie de l'argumentation, un désaccord profond se produit lorsqu'il y a un désaccord entre des propositions cadres. Je soutiens que des désaccords profonds peuvent mener à des avantages épistémiques, du moins dans le contexte de la recherche. Que la résolution rationnelle soit ou non possible en cas de désaccord profond, leur existence s'avère être bénéfique sur le plan épistémologique. (shrink)

ABSTRACTThis article, which summarises some of the main arguments of Analogical Investigations [Lloyd 2015], undertakes a comparative cross-cultural critique of the dominant Western view that downgrades analogy especially when that is contrasted unfavourably with a notion of axiomatic-deductive demonstration aiming to secure incontrovertible conclusions. It draws on materials from ancient Greece, ancient China and modern social anthropology and philosophy of science to explore the problems of translation and mutual intelligibility. It develops the idea of semantic stretch to qualify the literal/metaphorical (...) dichotomy and the notion of the multidimensionality of reality to clarify aspects of the controversy between realism and relativism. (shrink)

The principle of charity is used in philosophy of language and argumentation theory as an important principle of interpretation which credits speakers with “the best” plausible interpretation of their discourse. I contend that the argumentation account, while broadly advocated, misses the basic point of a dialectical conception which approaches argumentation as discussion between two parties who disagree over the issue discussed. Therefore, paradoxically, an analyst who is charitable to one discussion party easily becomes uncharitable to the other. To overcome this (...) paradox, I suggest to significantly limit the application of the principle of charity depending on contextual factors. (shrink)

Dialectical fallacies are typically defined as breaches of the rules of a regulated discussion between two participants. What if discussions become more complex and involve multiple parties with distinct positions to argue for? Are there distinct argumentation norms of polylogues? If so, can their violations be conceptualized as polylogical fallacies? I will argue for such an approach and analyze two candidates for argumentative breaches of multi-party rationality: false dilemma and collateral straw man.

Anyone interested in philosophical argumentation should be prepared to study philosophical debates and controversies because it is an intensely dialogical, and even contentious, genre of argumentation. There is hardly any other way to do them justice. This is the reason why the present special issue addresses philosophical argumentation within philosophical debates. Of the six articles in this special issue, one deals with a technical aspect, the diagramming of arguments, another contrasts two moments in philosophical argumentation, Antiquity and the twentieth century, (...) focusing on the use of refutation, and the remaining four analyze particular philosophical controversies. The controversies analyzed differ significantly in their characteristics (time, extension, media, audience,…). Hopefully, this varied sample will illuminate some salient aspects of philosophical argumentation, its representation and variations throughout history. We are fully aware that, given the scarcity of previous studies of philosophical debates from the perspective of argumentation theory, the following specimens of analysis must have several shortcomings. But it is a well-known adage that the hardest part is the beginning. That is what we tried to achieve here, no more, but no less either. (shrink)

We propose a revised definition of “argument scheme” that focuses on describing argumentative performances and normative assessments that occur within an argumentative context, the social context in which the scheme arises. Our premise-and-conclusion structure identifies the typical instantiation of an argument in the argumentative context, and our critical framework describes a set of normative assessments available to participants in the context, what we call _practically normative_ assessments. We distinguish this practical normativity from the _rationally or universally normative_ assessment that might (...) be imposed from outside the argumentative context. Thus, the practical norms represented in an argument scheme may still be subject to rational critique, and the scheme avoids the is/ought fallacy. We ground our theoretical discussion and observations in an empirical study of US district court opinions resolving legal questions about copyright fair use and the lawyers’ briefs that led to them, instantiating our definition of argument scheme in the “argument for classification by precedent.” Our definition addresses some criticisms the argument-scheme construct has received. For example, using our data, we show that a minimally well formed instance of this type of argument does not shift any conventional burden from the proponent of the argument to its skeptics. We also argue that these argument schemes need not be seen as dialogical. (shrink)

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)

Wittgenstein did not claim that the ordinary language concept ‘game’ cannot be defined: he claimed that there are multiple definitions that can be adopted for special purposes, but no single definition applicable to all games. I will defend this interpretation of Wittgenstein’s position by showing its compatibility with a pragmatic argumentative view of definitions, and how this view accounts for the diversity of disagreeing game definitions in definitional disputes.

Arguments from analogy are pervasive in everyday reasoning, mathematics, philosophy, and science. Informal logic studies everyday argumentation in ordinary language. A branch of fuzzy logic, approximate reasoning, seeks to model facets of everyday reasoning with vague concepts in ill-defined situations. Ways of combining the results from these fields will be suggested by introducing a new argumentation scheme—a fuzzy analogical argument from classification—with the associated critical questions. This will be motivated by a case study of analogical reasoning in the virtual friendship (...) debate within information ethics. The virtual friendship debate is a disagreement over whether virtual friendships are genuine friendships. It will be argued that the debate could move away from its current impasse, caused by unproductive metaphysical and logical assumptions, if extant arguments are reinterpreted as fuzzy analogical arguments from classification, and subjected to a new set of critical questions which would replace the quest for facts of essence about friendship with an emphasis on empirical data, persuasion, and definitional power. (shrink)

This paper offers a novel situational approach to study organizational justice in which the proposed unit of analysis is managerial behavior manifested in argumentation rather than employee justice perceptions. The currently dominant theoretical framework in justice research, which is built on justice perceptions, neglects the unique features of organizational order and vulnerability of procedural justice perceptions. As the procedural justice concept belongs chiefly to a spontaneous market order under which the rule of law is made possible, it is inappropriate to (...) transfer this concept to an organization in which the rule of authority is dominant. Therefore, except the limited legal domain in which managerial freedom is restrained by laws, procedural justice in organizations represents a mirage that can give rise to hypocritical managerial actions that can legitimate morally controversial outcomes via eristic tactics. In contrast, interactional justice is of great importance to organizations in that employees and organizations can ensure their rational economic exchanges without deception. However, current formulations of interactional justice often regard interactions as a palliative recipe designed to alleviate reactions to outcomes and not as a constituent of distributive justice. Perelman’s argumentation theory can offer a new conceptualization of interactional justice that addresses this gap. (shrink)

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)