Leading contemporary argumentation theories such as those of Ralph Johnson, van Eemeren and Houtlosser, and Tindale, in their attempt to address rhetoric, tend to define rhetorical argumentation with reference to (a) the rhetorical arguer’s goal (to persuade effectively), and (b) the means he employs to do so. However, a central strand in the rhetorical tradition itself, led by Aristotle, and arguably the dominant view, sees rhetorical argumentation as defined with reference to the domain of issues discussed. On that view, the (...) domain of rhetorical argumentation is centered on choice of action in the civic sphere, and the distinctive nature of issues in this domain is considered crucial. Hence, argumentation theories such as those discussed, insofar as they do not see rhetoric as defined by its distinctive domain, apply an understanding of rhetoric that is historically inadequate. It is further suggested that theories adopting this understanding of rhetoric risk ignoring important distinctive features of argumentation about action. (shrink)

After criticizing three common conceptions of therelationship between practical ethics and ethical theory, analternative modeled on Aristotle's conception of the relationshipbetween rhetoric and philosophical ethics is explored. Thisaccount is unique in that it neither denigrates the project ofsearching for an adequate comprehensive ethical theory norsubordinates practical ethics to that project. Because the purpose of practical ethics, on this view, is tosecure the cooperation of other persons in a way that respectstheir status as free and equal, it seeks to influence thejudgments (...) of others by providing them with reasons that areaccessible to their own understanding. On this account, theindependence of practical ethics is rooted in an appreciation ofthe constraints that non-ideal circumstances place on the rolethat the philosophically refined premises of moral theory canplay in such public deliberations. Practical and philosophicalethics are united, not by shared theoretical frameworks orprinciples, but by the need to exercise intelligently the sameintellectual and affective capacities. They are separated, notby the particularity or generality of their starting points, butby their responsiveness to the practical problem of facilitatingsound normative deliberations among persons as we find them,under non-ideal circumstances. (shrink)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

A lo largo de la historia la ciudad ha constituido el espacio por excelencia de la democracia. Esta es la razón por la que reconstruyendo la cambiante funcionalidad de los espacios urbanos podemos rastrear la genealogía de la esfera pública. Este artículo aborda el estudio de las prácticas democráticas a través de los lugares de la ciudad en los que se han desarrollado, particularmente las plazas públicas. Las plazas se presentan desde esta perspectiva como un espacio agonístico añadido a las (...) instituciones formales de representación política. (shrink)

Christian Kock’s essays show the essential interconnectedness of practical reasoning, rhetoric and deliberative democracy. They constitute a unique contribution to argumentation theory that draws on – and criticizes – the work of philosophers, rhetoricians, political scientists and other argumentation theorists. It puts rhetoric in the service of modern democracies by drawing attention to the obligations of politicians to articulate arguments and objections that citizens can weigh against each other in their deliberations about possible courses of action.

Deliberative democracy is a noble project: an attempt to make citizens philosophize. Critics of deliberative democracy usually claim either that the proposed deliberation threatens an existing moral consensus or, instead, that deliberation is impossible amid power imbalances that oppress the weak. But another problem is that combining democracy and deliberation is inherently an attempt to engage publicly in a private activity—where sensitivity to each interlocutor may require a special form of address. Can this be done? Yes, in some contexts. The (...) tradition of esoteric writing has demonstrated that it is possible to layer one's discourse in such a way that all citizens can partake at a level that suits them. But writing for a public is not really deliberation among equals; it is leadership by the writer of the readers. Genuine dialogue among equals that takes account of their differences is, in contrast, inherently a private affair. (shrink)

From the perspective of a political philosophy of law, this essay explores the rich encounter of the thoughts of Jacques Derrida and Jean-Luc Nancy. This articulation discloses the opportunity for a new mode of thinking and writing the political that challenges current models of legal and political legitimacy. This opportunity and task of thought is called de-liberation, as deconstruction of freedom, and deconstruction of deliberation. Furthermore, an account of radical freedom and reason is found in de-liberation. Following Derrida’s description of (...) Nancy’s approach to freedom, this essay undertakes a work of translations; from audaciousness into prudence... and back. It escapes from Nancy’s audaciousness to fall onto Derrida’s prudent world, and only then, perhaps, return to the shelter that comforts both, to the spacing that they share out. Deliberation and freedom are, however, scathed by such a lacerating sharing. Severed from the law – but exposed to the law of the law – they demand and yet persist in de-liberation. (shrink)