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Dialectics: a controversy-oriented approach to the theory of knowledge

Albany: State University of New York Press (1977)

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  1. The Account of Warrants in Bermejo-Luque’s Giving Reasons.Robert C. Pinto - 2011 - Theoria 26 (3):311-320.
    This paper highlights the difference between Lilian Bermejo-Luque’s account of warrants with the quite different accounts of warrants offered by Toulmin, Hitchcock, and myself, and lays out some of the reasons why I think a “Toulminesque” account of warrants captures crucial aspects of arguing more adequately than her account does.
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  • From Berman and Hafner’s teleological context to Baude and Sachs’ interpretive defaults: an ontological challenge for the next decades of AI and Law.Ronald P. Loui - 2016 - Artificial Intelligence and Law 24 (4):371-385.
    This paper revisits the challenge of Berman and Hafner’s “missing link” paper on representing teleological structure in case-based legal reasoning. It is noted that this was mainly an ontological challenge to represent some of what made legal reasoning distinctive, which was given less attention than factual similarity in the dominant AI and Law paradigm, deriving from HYPO. The response to their paper is noted and briefly evaluated. A parallel is drawn to a new challenge to provide deep structure to the (...)
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  • Legal Facts in Argumentation-Based Litigation Games.Minghui Xiong & Frank Zenker - 2017 - Argumentation 32 (2):197-211.
    This paper analyzes legal fact-argumentation in the framework of the argumentation-based litigation game by Xiong :16–19, 2012). Rather than as an ontological one, an ALG treats a legal fact as a fact-qua-claim whose acceptability depends on the reasons supporting it. In constructing their facts-qua-claims, parties to an ALG must interact to maintain a game-theoretic equilibrium. We compare the general interactional constraints that the civil and common law systems assign, and detail what the civil, administrative, and criminal codes of mainland China (...)
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  • Questioning the Virtual Friendship Debate: Fuzzy Analogical Arguments from Classification and Definition.Oliver Laas - 2018 - Argumentation 32 (1):99-149.
    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 (...)
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  • Reconstructing and assessing the conditions of meaningfulness. An argumentative approach to presupposition.Fabrizio Macagno - 2012 - In Henrique Jales Ribeiro (ed.), Inside Arguments: Logic And The Study of Argumentation. Newcastle upon Tyne, UK: Cambridge Scholars Publishers. pp. 247--268.
    Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on the (...)
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  • The experimenters' regress: from skepticism to argumentation.Benoı̂t Godin & Yves Gingras - 2002 - Studies in History and Philosophy of Science Part A 33 (1):133-148.
    Harry Collins' central argument about experimental practice revolves around the thesis that facts can only be generated by good instruments but good instruments can only be recognized as such if they produce facts. This is what Collins calls the experimenters' regress. For Collins, scientific controversies cannot be closed by the ‘facts’ themselves because there are no formal criteria independent of the outcome of the experiment that scientists can apply to decide whether an experimental apparatus works properly or not.No one seems (...)
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  • The Burden of Criticism: Consequences of Taking a Critical Stance.Jan Albert van Laar & Erik C. W. Krabbe - 2013 - Argumentation 27 (2):201-224.
    Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...)
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  • Presumption as a Modal Qualifier: Presumption, Inference, and Managing Epistemic Risk.David Godden - 2017 - Argumentation 31 (3):485-511.
    Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially generated modal (...)
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  • Presumptions, Assumptions, and Presuppositions of Ordinary Arguments.Gilbert Plumer - 2017 - Argumentation 31 (3):469-484.
    Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...)
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  • Commentary on “America vs. Apple: the Argumentative Function of Metonyms”: Defeasible Rhetoric: Networks, Security, & Metonyms.G. Thomas Goodnight - unknown
    The government took Apple to court to demand decryption of a terrorist cell phone. The warrant issued rested on the assumption that law enforcement should be able to do its work through extension of “access” across the population of encrypted iphones. Each phone exists as a defeasible site whose cooperation is assumed to be opened by the the manufacturer if directed to do so by government, unless cause can be shown otherwise. Defeasible argument couples rhetorically with metonymic force as a (...)
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  • Commentary on Ralph H. Johnson’s “On Distinguishing Between an Objection and a Criticism”.Jan Albert van Laar - unknown
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  • Dialogues in Argumentation.Von Burg Ron - 2016 - Windsor: University of Windsor.
    This volume focuses on dialogue and argumentation in contexts which are marked by truculence and discord. The contributors include well known argumentation scholars who discuss the issues this raises from the point of view of a variety of disciplines and points of view. The authors seek to address theoretically challenging issues in a way that is relevant to both the theory and the practice of argument. The collection brings together selected essays from the 2006 11th Wake Forest University Biennial Argumentation (...)
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  • The Nature and the Place of Presumptions in Law and Legal Argumentation.Raymundo Gama - 2017 - Argumentation 31 (3):555-572.
    This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...)
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  • Douglas Walton: Argument Evaluation and Evidence: Springer, 2016, 286 pp. [REVIEW]Marcello Di Bello & Bart Verheij - 2018 - Argumentation 32 (2):301-307.
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  • The Appeal to Expert Opinion: Quantitative Support for a Bayesian Network Approach.Adam J. L. Harris, Ulrike Hahn, Jens K. Madsen & Anne S. Hsu - 2016 - Cognitive Science 40 (6):1496-1533.
    The appeal to expert opinion is an argument form that uses the verdict of an expert to support a position or hypothesis. A previous scheme-based treatment of the argument form is formalized within a Bayesian network that is able to capture the critical aspects of the argument form, including the central considerations of the expert's expertise and trustworthiness. We propose this as an appropriate normative framework for the argument form, enabling the development and testing of quantitative predictions as to how (...)
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  • Strategic Maneuvering with the Burden of Proof.Frans H. van Eemeren & Peter Houtlosser - 2015 - In Scott Jacobs, Sally Jackson, Frans Eemeren & Frans H. van Eemeren (eds.), Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics. Cham, Switzerland: Springer Verlag.
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  • Speech Acts in a Dialogue Game Formalisation of Critical Discussion.Jacky Visser - 2017 - Argumentation 31 (2):245-266.
    In this paper a dialogue game for critical discussion is developed. The dialogue game is a formalisation of the ideal discussion model that is central to the pragma-dialectical theory of argumentation. The formalisation is intended as a preparatory step to facilitate the development of computational tools to support the pragma-dialectical study of argumentation. An important dimension of the pragma-dialectical discussion model is the role played by speech acts. The central issue addressed in this paper is how the speech act perspective (...)
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  • Being a Correct Presumption vs. Being Presumably the Case.Lilian Bermejo-Luque - 2016 - Informal Logic 36 (1):1-25.
    I argue for the distinction between presuming that p and maintaining that presumably p. In order to make sense of this distinction, I defend a non-inferentialist conception of presumptions and offer an account of the correctness conditions for both presumptions and presumptive inferences. I characterize presumptions as a type of constative speech-act having certain semantic correctness conditions. In turn, regarding presumptive inferences, my strategy is to provide the correctness conditions for the use of an epistemic modal such as “presumably.” This (...)
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  • Analogical reasoning as a tool of epidemiological investigation.Louise Cummings - 2004 - Argumentation 18 (4):427-444.
    Few, if any, scientific inquiries are conducted against a background of complete knowledge, a background in which inquirers are in possession of the ‘full facts’ that relate to a particular question or issue. More often than not, scientists are compelled to conduct their deliberations in contexts of epistemic uncertainty, in which partial knowledge or even a total absence of knowledge characterise inquiry. Nowhere is this epistemic uncertainty more evident, or indeed more successfully controlled, than in the branch of scientific inquiry (...)
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  • Reasoning from paradigms and negative evidence.Fabrizio Macagno & Douglas N. Walton - 2011 - Pragmatics and Cognition 19 (1):92-116.
    Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends on how the arguer defines (...)
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  • Evaluating Dialectical Structures.Gregor Betz - 2009 - Journal of Philosophical Logic 38 (3):283-312.
    This paper develops concepts and procedures for the evaluation of complex debates. They provide means for answering such questions as whether a thesis has to be considered as proven or disproven in a debate or who carries a burden of proof. While being based on classical logic, this framework represents an (argument-based) approach to non-monotonic, or defeasible reasoning. Debates are analysed as dialectical structures, i.e. argumentation systems with an attack- as well as a support-relationship. The recursive status assignment over the (...)
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  • Reflections on Theoretical Issues in Argumentation Theory.Frans Hendrik van Eemeren & Bart Garssen (eds.) - 2015 - Cham, Switzerland: Springer.
    This volume presents a selection of papers reflecting key theoretical issues in argumentation theory. Its six sections are devoted to specific themes, including the analysis and evaluation of argumentation, argument schemes and the contextual embedding of argumentation. The section on general perspectives on argumentation discusses the trends of empiricalization, contextualization and formalization, offers descriptions of the analytical and evaluative tools of informal logic, and highlights selected principles that argumentation theorists do and do not agree upon. In turn, the section on (...)
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  • Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics.Bart Garssen, Frans Eemeren & Frans H. van Eemeren (eds.) - 2015 - Cham, Switzerland: Springer Verlag.
    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.
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  • Implicatures and hierarchies of presumptions.Fabrizio Macagno - 2011 - In Frank Zenker (ed.), Argument Cultures: Proceedings of the 8th International Conference of the Ontario Society for the Study of Argumentation (OSSA) (University of Windsor, ON 18-21 May 2011). OSSA. pp. 1-17.
    Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.
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  • Resolving Moral Dissensus: Possibilities for Argumentation.James B. Freeman - unknown
    Moral dissensus may arise first because persons may disagree over the warrants licensing inferring an evaluative conclusion from premises asserting that properties alleged evaluatively relevant hold. This results in seeing different properties as evaluatively relevant. Secondly, such properties will frequently not be descriptive but interpretive, asserting some nomic connection. Persons may disagree over what evaluatively relevant properties hold in a given case. We explore the possibilities for argumentation to resolve these two types of disagreement.
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  • Distortion and Excluded Middles.Jonathan E. Adler - unknown
    Why is there so much distortion in ordinary, political, social, and ethical argument? Since we have a pervasive interest in reasoning well and corresponding abilities, the extent of distortion invites explanation. The leading candidates are the need to economize, widespread, fallacious heuristics or assumptions, and self-defensive biases. I argue that these are not sufficient. An additional force is the intellectual pressure generated by acceptance of norms of conversation and argument, which exclude ‘middles’ of, prominently, neither accept nor reject. I conjecture (...)
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  • The Philosophy of Argument.J. Anthony Blair - unknown
    The paper argues that argument and argumentation deserve philosophical attention but do not receive it, and proposes some explanations. It then asks whether there is a field of philosophy, “philosophy of argument,” that might attract philosophers’ attention. A case is made that such a field exists. However, challenges to that case seriously undermine it. Thus those who want philosophers to pay more attention to argument must find other ways to make their case.
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  • The “Logic” of Informal Logic.J. Anthony Blair - unknown
    Are there any logical norms for argument evaluation besides soundness and inductive strength? The paper will look at several concepts or models introduced over the years, including those of Wisdom, Toulmin, Wellman, Rescher, defeasible reasoning proponents and Walton to consider whether there is common ground among them that supplies an alternative to deductive validity and inductive strength.
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  • Progress Without Regress on the Dialectical Tier.James B. Freeman - unknown
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  • The Toulmin Model and Non-monotonic Reasoning.William Keith - unknown
    While the nature of warrants is unclear in both Toulmin’s Uses of Argument and in textbook pedagogy based on it, the theory of non-monotonic reasoning could clarify and enhance our understanding of warrants.
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  • The burden of criticism.Jan van Laar & Erik C. W. Krabbe - 2013 - Argumentation 27 (2):201-224.
    Some critical reactions hardly give clues to the arguer as to how to respond to them convinc-ingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of ‘directiveness’ that a critical reaction displays. Second, it will be examined whether (...)
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  • The truth about truth as a condition of premise adequacy.James B. Freeman - unknown
    Is truth a condition of premise adequacy? We may distinguish objective and subjective argument correctness. Objective correctness means true premises rendering the conclusion true or probable. Subjective correctness means acceptable pr emises rendering the conclusion acceptable. Acceptability depends on evidence available and so is internalist. Objective and subjective correctness of the premises is ordinarily distinct. For connection adequacy, objective rightness and subjective righ tness coincide. We recognize entailment or rendering probably a priori. Logic is thus internalist. Logic needs an internalist (...)
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  • Commentary on Hitchcock, Mcburney & Parsons.Walid Saba - unknown
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  • A Framework for Deliberation Dialogues.David Hitchcock, Peter Mcburney & Simon Parsons - unknown
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  • Commentary on Blair.James B. Freeman - unknown
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  • Weinstein, Mark: Logic, Truth and Inquiry: College Publications, London, 2013.J. B. Freeman - 2015 - Argumentation 29 (3):361-377.
    In this essay, Weinstein wants to address the issue of argument strength, of how strongly the premises of an argument support a conclusion. Using the framework of the Toulmin model, arguments have warrants which indicate some general connection between the premises and the conclusion of the argument. We may ask for the backing of the warrant, evidence for it. If the connection is an empirical generalization, the backing includes data supporting the generalization. But the backing may include theoretical generalizations, which (...)
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  • Arguments that take Counterconsiderations into Account.Jan Albert van Laar - 2014 - Informal Logic 34 (3):240-275.
    This paper examines arguments that take counter- considerations into account, and it does so from a dialogical point of view. According to my account, a counterconsideration is part of a critical reaction from a real or imagined opponent, and an arguer may take it into account in his argument in at least six fully responsive ways. Conductive arguments will be characterized as one of these types. In this manner, the paper aims to show how conducive, and related kinds of argument (...)
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  • Reconstructing Metaphorical Meaning.Fabrizio Macagno & Benedetta Zavatta - 2014 - Argumentation 28 (4):453-488.
    Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed at (...)
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  • Motivated Doubts: A Comment on Walton's Theory of Criticism.Jan Albert van Laar - 2014 - Studies in Logic, Grammar and Rhetoric 36 (1):221-230.
    In his theory of criticism, D. N. Walton presupposes that an opponent either critically questions an argument, without supplementing this questioning with any reasoning of her own, or that she puts forward a critical question and supplements it with a counterargument, that is, with reasoning in defense of an opposite position of her own. In this paper, I show that there is a kind of in-between critical option for the opponent that needs to be taken into account in any classification (...)
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  • Maneuvering with the Burden of Proof: Confrontational Strategies in Dealing with Political Accountability.Corina Andone - 2014 - Studies in Logic, Grammar and Rhetoric 36 (1):59-78.
    In this paper, the author examines the burden of proof in the argu- mentative confrontations taking part in practices of political accountability. She does so by explaining how politicians maneuver strategically with the burden of proof in an attempt at winning the discussion in which they are involved. After making clear the role of the burden of proof in defining the difference of opinion in argumentative confrontations, the author outlines the constraints imposed by practices of political accountability on the burden (...)
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  • Futher reflections on semantic minimalism: Reply to Wedgwood.Alessandro Capone - 2013 - In Perspectives on Pragmatics and Philosophy. Springer. pp. 437-474..
    semantic minimalism and moderte contextualism.
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  • Dialectic, Dialogue, and Controversy: The Case of Galileo.Marta Spranzi Zuber - 1998 - Science in Context 11 (2):181-203.
    The ArgumentThe purpose of this article is twofold. Firstly, I propose to analyze controversies using a “dialectical” model, in the sense described in Aristotle'sTopics. This approach presupposes that we temporarily disregard, for the sake of clarity, the concreteness of real life controversies in order to focus on their argumentative structure. From this point of view, the main advantage of controversies is that they allow the interlocutorsto testeach other's claims and therefore to arrive at relatively corroborated conclusions. This testing function in (...)
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  • Luhmanns Flucht in die Paradoxie.Walter L. Bühl - 2000 - In Peter-Ulrich Merz-Benz & Gerhard Wagner (eds.), Die Logik Der Systeme. Universitätsverlag Konstanz. pp. 225--256.
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  • Controversy Spaces: The Dialectical Nature of Change in the Sciences and Philosophy.Oscar Nudler - 2011 - In Controversy Spaces: A Model of Scientific and Philosophical Change. John Benjamins. pp. 10--9.
    The paper outlines the model of controversy spaces. The model of controversy spaces integrates two different elements of the dialectical tradition. On the one hand, dialectics in its ancient meaning: the practice of controversial dialogue. On the other hand, the model incorporates dialectics understood as a pattern of change in intellectual history, based on the confrontation between opposite standpoints. I will be argued in this paper, the dialectical tradition was almost completely left aside in modernity and substituted by a monolectic (...)
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  • Book review. [REVIEW]R. H. Johnson - 2004 - Argumentation 18 (4):483-488.
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  • Criticism in Need of Clarification.Jan Albert van Laar - 2014 - Argumentation 28 (4):401-423.
    It furthers the dialectic when the opponent is clear about what motivates and underlies her critical stance, even if she does not adopt an opposite standpoint, but merely doubts the proponent’s opinion. Thus, there is some kind of burden of criticism. In some situations, there should an obligation for the opponent to offer explanatory counterconsiderations, if requested, whereas in others, there is no real dialectical obligation, but a mere responsibility for the opponent to cooperate by providing her motivations for being (...)
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  • Argumentative Polylogues in a Dialectical Framework: A Methodological Inquiry.Marcin Lewiński & Mark Aakhus - 2014 - Argumentation 28 (2):161-185.
    In this paper, we closely examine the various ways in which a multi-party argumentative discussion—argumentative polylogue—can be analyzed in a dialectical framework. Our chief concern is that while multi-party and multi-position discussions are characteristic of a large class of argumentative activities, dialectical approaches would analyze and evaluate them in terms of dyadic exchanges between two parties: pro and con. Using as an example an academic committee arguing about the researcher of the year as well as other cases from argumentation literature, (...)
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  • Johnson`s The Rise of Informal Logic: Essays on Argumentation, Critical Thinking, Reasoning and Politics.David Hitchcock - 1996 - Informal Logic 18 (2):269-83.
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  • “Dialectics and the macrostructure of argument” by James Freeman.Alec Fisher - 1992 - Informal Logic 14 (2):193-204.
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  • Second Order Intersubjectivity: The Dialectical Dimension of Argumentation.Lilian Bermejo-Luque - 2010 - Argumentation 24 (1):85-105.
    I propose a characterization of the dialectical dimension of argumentation by considering the activity of arguing as involving a “second order intersubjectivity”. I argue that argumentative communication enables this kind of intersubjectivity as a matter of the recursive nature of acts of arguing—both as justificatory and as persuasive devices. Calling attention to this feature is a way to underline that argumentative discourses represent the explicit part of a dynamic activity, “a mechanism of rational validation”, as Rescher showed, which is a (...)
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