Relevance of premises to conclusion can be explicated through Toulmin’s notion of warrant, understood as an inference rule, albeit not necessarily formal. A normative notion of relevance requires the warrant to be reliable. To determine reliability, we propose a fourfold classification of warrants into a priori, empirical, institutional, and evaluative, with further subdivisions possible. This classification has its ancestry in classical rhetoric and recent epistemology. Distinctive to each type of warrant is the mode by which such connections are intuitively discovered (...) and the grounds on which we ultimately justify them. The classification of warrants is thus epistemic. We illustrate the difference by contrasting empirical physical with institutional intuition, and argue for the advantages of this approach over Toulmin’s conception of field dependence. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

Modern public relations practices have been dominated by appeals to impulses, desires, and images that affect publics defined predominantly in demographic terms. This paper argues that abandoning basic rhetorical assumptions about the ability of ordinary people to engage in practical reason has serious ethical implications for the marketplace as well as for society in general. The study applies recent rhetorical scholarship on issues of public discourse and rhetorical culture to public relations practices, considering how rhetoric can contribute to more effective (...) and ethical public discourse in our dominant modes of marketplace communication. (shrink)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...) approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

The use of systematic reviews in educational research is a growing phenomenon in the UK, but is highly controversial. This article argues that such reviews have a useful place in a research cycle that wishes to inform and be informed by practice and policy. It proposes and discusses a model of educational research, showing how reviews relate to small or large-scale primary studies.

An argument that makes use of a generalization activates the prototype for the category used in the generalization. We conducted two experiments that investigated how the activation of the prototype affects the persuasiveness of the argument. The results of the experiments suggest that the features of the prototype overshadow and partly overwrite the actual facts of the case. The case is, to some extent, judged as if it had the features of the prototype instead of the features it actually has. (...) This prototype effect increases the persuasiveness of the argument in situations where the audience finds the judgment more warranted for the prototype than for the actual case, but decreases persuasiveness in situations where the audience finds the judgment less warranted for the prototype than for the actual case. (shrink)

In Argument, Inference and Dialectic Pinto argues that critical practice can furnish us with the necessary guidance to answer our questions about argument and inference; we do not need to develop a theory of argument/inference. Pinto’s provocative remarks raise questions about the appeal to practice, and recall problems that Toulmin encounters in development of his innovative theory in The Uses of Argument. In this paper, I juxtapose and reflect on these developments.

This paper explores The New Rhetoric’s concept of universal audience in the contexts of philosophical and traditional rhetorical discourse. It argues that, since Perelman’s final English-language article, published in 1984 to clarify misunderstandings among rhetorical scholars about his theory, rhetorical scholars have persisted in three primary misconceptions of the concept of universal audience: appeals to the real are made only to universal audiences, only universal audiences are qualified to establish the reasonableness of arguments, and only universal audiences prevent The New (...) Rhetoric’s rhetorical theory from degenerating into relativism. It explains why each of these misconceptions is inaccurate and provides a corrected view of universal audience that places it exclusively in the province of philosophical discourse. Finally, it questions whether constructed audiences in general add explanatory power to rhetorical analyses or are merely unnecessary constructs that should be dispensed with for the sake of theoretical parsimony. (shrink)

Some forms of argumentation are best performed through words. However, there are also some forms of argumentation that may be best presented visually. Thus, this paper examines the virtues of visual argumentation. What makes visual argumentation distinct from verbal argumentation? What aspects of visual argumentation may be considered especially beneficial?

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 (...) may explain the warrant. Furthermore, theories may be reduced by more comprehensive theories. A warrant then may ultimately be backed by some deep and very comprehensive theoretical explanation.Weinstein seeks to explicate the relation between the depth of backing for the warrant and the strength of the connection between premises and conclusion which the warrant indicates through the Model of Emerging Truth . Data relevant to confirming the theory have empir .. (shrink)

A rapidly growing body of scholarship shows that we can gain new insights into theories and policies by understanding and increasing their systemic structure. This paper will present an overview of this expanding field and discuss how concepts of structure are being applied in a variety of contexts to support collaboration, decision making, learning, prediction, and results. Next, it will delve into the underlying structures of logic that may be found within those theories and policies. Here, we will go beyond (...) Toulmin’s logics of claim and proof that have not proven useful for advancing the social sciences and focus on five structures of “causal logic.” The results suggest a useful and more comprehensive approach to developing deeper understanding of our conceptual systems such as theory and policy. (shrink)

Recent publications on policy theories, similarities and dissimilarities of auditing and evaluation research and on the utilization of policy research by government officials.

In this paper, I show that, given seemingly plausible assumptions about the epistemic ‘might’ and conditionals, we cannot explain why in some circumstances it is appropriate to utter conditional ‘might’-sentences, like “If Angelica has crumbs in her pocket, then she might be the thief” and not the corresponding simple ones, like “Angelica might be the thief.” So, one of our assumptions must be incorrect. I argue that the root of the problem is an umbrella thesis about the pragmatics of ‘might’-communication (...) - one that says that the communicative impact of an utterance of a ‘might’-sentence is the performance of a consistency check on the information of the context. I conclude that we must reject this thesis. And I close the paper by sketching an alternative view about what assertive uses of ‘might’-sentences typically do - one which avoids the problem. Such uses typically present a possibility as a serious option in reasoning and deliberation. (shrink)

Der Artikel greift die Überlegung auf, dass sich die Bioethik auch deshalb der empirischen Forschung zuwenden solle, um ihre Anwendbarkeit und Kontextsensitivität zu erhöhen. Am Beispiel der Norm, dass Schmerzen zu lindern seien, und mit Hilfe eines allgemeinen Modells ethischer Urteilsbildung werden verschiedene Bedeutungen der Anwendung und der Kontextsensitivität unterschieden und es wird untersucht, welche Rolle deskriptive Annahmen hierbei jeweils spielen können. Es wird die These vertreten, dass Kontextsensitivität in den meisten ihrer Bedeutungen von fundamentalethischen Grundannahmen unabhängig ist und dass (...) deskriptive Annahmen einen Prozess der Spezifikation ethischer Urteilsbildung auslösen, der in dieser Form nicht von der ethischen Begründung von Normen und Werten aus initiiert und antizipiert werden kann, jedoch zu seinem (zumindest vorübergehenden) handlungsorientierenden Abschluss auf diese zurückverwiesen ist. (shrink)

In Europe the use of genetically modified (GM) crops in food production has so far failed to gain wide public approval. Ordinary people are concerned about issues not covered by the existing regulation, including usefulness and unnaturalness. In response, particularly to worries about unnaturalness, biotechnologists have suggested that inserted genes should derive only from the plant itself, or from close relatives. This paper examines public perceptions of these so-called ‘cisgenic crops’ and asks whether the public shares the idea that they (...) are less unnatural and thus more acceptable than transgenic plants. Using five focus group interviews, we identified five lines of argument about naturalness with a bearing on the assessment of cisgenic crops as well as GM crops in general. The paper concludes that, depending on perceptions of naturalness, some people would agree that cisgenic crops are more acceptable than their transgenic counterparts. The finding that ordinary people value different aspects of naturalness may be relevant to a broader audience than just those interested in gene technology. It cautions against a simplistic interpretation of what counts as ‘natural’. (shrink)

Paul Hirst claimed that Richard Peters ?revolutionised philosophy of education?. This does not accord with my experience in the Antipodean periphery. My experience of the work of Wittgenstein, Austin and Kovesi before reading Peters and Dewey, Kuhn and Toulmin subsequently meant that Peters was a major but not revolutionary figure in my understanding of philosophy of education.

A substantial body of evidence shows that people tend to rely too heavily on explanations when trying to justify an opinion. Some research suggests these errors may arise from an inability to distinguish between explanations and the evidence that bears upon them. We examine an alternative account, that many people do distinguish between explanations and evidence, but rely more heavily on unsubstantiated explanations when evidence is scarce or absent. We examine the philosophical and psychological distinctions between explanation and evidence, and (...) show that participants use explanations as a substitute for missing evidence. Experiment 1 replicates the results of other researchers, but further shows that participants generate more evidence when they are not constrained by their lack of data. Merely mentioning a source of data can alter both their evaluation (Experiment 2) and their production (Experiment 3) of explanations and evidence. In Experiment 4, we show that participants can explicitly consider the availability of evidence and other pragmatic factors when evaluating arguments. Finally, we consider the implications of using explanations to replace missing evidence as a strategy in argument. (shrink)

The paper considers the role of modality in the rational reconstruction of standpoints and arguments. The paper examines in what conditions modal markers can act as argumentative indicators and what kind of cues they provide for the reconstruction of argument. The paper critically re-examines Toulmin’s hypothesis that the meaning of the modals can be analyzed in terms of a field-invariant argumentative force and field-dependent criteria in the light of the Theory of Relative Modality developed within linguistic semantics, showing how this (...) theory can provide a more adequate model for exploiting the modals as indicators. The resulting picture confirms Toulmin’s intuition only in part: on the one hand the modals are always relational in nature and dependent on a contextual conversational background of propositions; on the other hand only epistemic-doxastic modals directly express a speech-act level inferential relation between a set of premises and a standpoint. Other modalities express relations (e.g. causal or final relations) better seen as part of the content of the argument whose argumentative relevance depends on the argumentation scheme employed. Thus non-epistemic modals function as argumentative indicators only indirectly. (shrink)

Twenty-five years ago, field theory was among the most contested issues in argumentation studies. Today, the situation is very different. In fact, field theory has almost disappeared from disciplinary debates, a development which might suggest that the concept is not a useful aspect of argumentation theory. In contrast, I argue that while field studies are rarely useful, field theory provides an essential underpinning to any close analysis of an argumentative controversy. I then argue that the conflicting approaches to argument fields (...) were in fact not inconsistent, but instead reflected different aspects of field practices. A coherent approach to field theory can be developed by considering the way that all aspects of argumentative practice develop based on the purposes of arguers in an argumentative context. I then extend that position to argue that a justifiable theory of argumentation, which makes claims beyond the descriptive, must have at its core an analysis of the way that purpose constrains argumentation practice. In this view, the ultimate justification of principles found in a prescriptive or evaluative theory of argument must be in the way those principles fulfill practical problem-solving purposes related to the epistemic function of argument. (shrink)

In this paper, the political pamphlet “Der Hessische Landbote” by the eminent German author, Georg Büchner (1813–1837), will be positioned within the context of its political and historical background, analyzed as to its argumentative and stylistic structure, and critically evaluated. It will be argued that propaganda texts such as this should be evaluated by taking into account both rhetorical perspectives and standards of rational discussion. As far as argumentative structure is concerned, a modified version of the Toulmin scheme will be (...) used for the description of three passages of the “Landbote”. As far as stylistic techniques are concerned, Büchner’s strategic use of some figures of speech, especially parallelism, metaphor and metonymy will be examined. As to the critical evaluation, the recently developed concept of “strategic maneuvering” within Pragma-Dialectics, the typology of argumentative dialogues established by D. Walton, and sets of critical questions will be used to assess the status of the arguments within the “Landbote” as potentially fallacious ones. (shrink)

This paper analyses the way in which discourse and argumentation may vary depending on participants’ educational level and gender. Men and women from three different educational levels (literacy, advanced level and university students) participated in discussion groups that debated about women and work, the sharing of housework and the way in which girls and boys are educated. The results showed important differences depending on participants’ educational level and gender. In general, the main differences were related to educational level, while gender (...) tended to interact with educational level, as a moderating factor. (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.

Some solo verbal reasoning serves the function of arriving at a correct answer to a question from information at the reasoner’s disposal. Such reasoning is good if and only if its grounds are justified and adequate, its warrant is justified, and the reasoner is justified in assuming that no defeaters apply. I distinguish seven sources of justified grounds and state the conditions under which each source is trustworthy. Adequate grounds include all good relevant information practically obtainable by the reasoner. The (...) claim must follow from the grounds in accordance with a justified general warrant. If this warrant is not universal, the reasoner must be justified in assuming that no exception-making circumstances hold in the particular case to which it is applied. (shrink)

This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that (...) the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument. (shrink)

Toulmin’s (1958) model of argument was employed in the analysis of verbal protocols obtained during the solving of ill-structured problems. The participants were experts in the domain under study. For the analysis the Toulmin model was extended in order to enable description of lines of argument found in protocols as long as 10 paragraphs. Results included: (1) That while the protocol was comprised of a large number of specific arguments, the analysis provided for tracing a solver’s line of argument. (2) (...) On occasion datum and backing were difficult to distinguish. (3) Warrants essentially were not stated, although substantial backing was provided. However, as perhaps would be expected, the Toulmin model did not provide for delineation of components of the problem-solving process. A second analysis assuming a “higher level” problem-solving structure and a “lower level” argument structure produced an integrated problem-solving – argumentation structure depicting how reasoning is used in relation to particular task goals. Finally, at a more general level, problem solving was considered as a classical rhetorical structure. (shrink)

SummaryThis paper studies some classic cases of the fallacy of begging the question based on appeals to testimony containing circular reasoning. For example, suppose agents a, b and c vouch for d’s credentials, and agents b, d, and e vouch for a’s credentials. Such a sequence of reasoning is circular because a is offering testimony for d but d is offering testimony for a. The paper formulates and evaluates restrictions on the use of testimonial evidence that might be used to (...) deal with such problematic arguments. One is called the Non-repeater Rule: in an extended sequence of argumentation based on testimony, once a source x has been appealed to at any given point in the sequence, that same source x must never be appealed to again at any next point in the same sequence. (shrink)

It is standardly believed that the only way to justify an assertion in the face of a challenge is by making another assertion. Call this claim ASSERTIONS ONLY. Besides its intrinsic interest, ASSERTIONS ONLY is relevant to deciding between competing views of the norms that govern reasoned discourse. ASSERTIONS ONLY is also a crucial part of the motivation for infinitism and Pyrrhonian skepticism. I suggest that ASSERTIONS ONLY is false: I can justify an assertion by drawing attention to something that (...) clearly makes the assertion true, or likely true. (shrink)

A methodology of argumentation and a perspective of incredulity are essential ingredients of all intellectual endeavor, including that associated with the art and science of medical care.Traditio argumentum respectus (tradition of respectful argumentation) as a principled system of assessing the validity of beliefs, opinions, perceptions, data, and knowledge, is worthy of practice and perpetuation, because assessments of validity are susceptible to incompleteness, incorrectness, and misinterpretation. Since the latter may lead to ambiguity, uncertainty, anxiety, and animosity among the individuals (patients and (...) physicians) involved in such dialogue, objective analyses and criteria are desirable. A tradition of respectful argumentation is a means to this end—to maximize objectivity and minimize subjectivity as part of decision-making processes and to preserve the integrity of the participants in a patient-physician relationship. During such discourse one must always be cognizant of fallacious arguments—material, verbal, and formal fallacies—since they compromise the validity of assertions. This essay summarizes a classification of fallacious arguments, by definition and by example, predicated upon the intellectual tradition of Occidental Society; and advocates a tradition of respectful argumentation to nullify them. (shrink)

Perelman's work has been very influential in various disciplines, among them philosophy, rhetoric and law. Especially the typology of argumentative schemes which he developed together with L. Olbrechts-Tyteca has been considered as an excellent classification of arguments in natural language. There are, however, some weaknesses of this typology which make its application to empirical research quite difficult, namely, the lack of explicitness and the absence of clear criteria of demarcation. Still, the typology is highly relevant for empirical research, if these (...) weaknesses are removed. This is illustrated with an example: the scheme called ‘the division of the whole into its parts’ by Perelman/Olbrechts-Tyteca is described explicitly and then applied to the analysis of a sample of everyday arguments (mostly taken from newspapers). (shrink)

We perceive relevance by virtue of inference habits, which may be expressed as Pierce's leading principles or as Toulmin's warrants. Hence relevance in a descriptive sense is a ternary relation between two statements and a set of inference rules. For a normative sense, the warrants must be properly backed. Different types of warrant to empirical generalizations, we introduce L.J. Cohen's notion of inductive support. A to empirical generalizations, we introduce L.J. Cohen's notion of inductive support. A generalization H is supported (...) by evidence E to degree i/in iff E indicates that H passes canonical test i, where there are n canonical tests. In a canonical test, one or more relevant variables, factors which may falsify H, are varied. H passes a test if it is not falsified. The tests are cumulative. Degree of support is relative to the canonical test, and may be modeled as relative to a point in a dialectical situation. A value of a variable at which H is falsified is a rebutting value. A is normatively relevant to B with respect to W iff sup[associated generalization(W), E] = i/n and for j > i, there is a presumption that the values of j are non-rebuting. (shrink)

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)

Argumentation mining aims to automatically detect, classify and structure argumentation in text. Therefore, argumentation mining is an important part of a complete argumentation analyisis, i.e. understanding the content of serial arguments, their linguistic structure, the relationship between the preceding and following arguments, recognizing the underlying conceptual beliefs, and understanding within the comprehensive coherence of the specific topic. We present different methods to aid argumentation mining, starting with plain argumentation detection and moving forward to a more structural analysis of the detected (...) argumentation. Different state-of-the-art techniques on machine learning and context free grammars are applied to solve the challenges of argumentation mining. We also highlight fundamental questions found during our research and analyse different issues for future research on argumentation mining. (shrink)

The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises in students’ argumentative (...) reasoning and retrieving the background beliefs that are the basis of their arguments. On this perspective, the process of premise reconstruction is followed by a heuristic reasoning process aimed at discovering the students’ previous intuitions that can explain the premises and concepts that are left unexpressed in their arguments. The theoretical insights advanced in this paper are illustrated through selected examples taken from activities concerning predictive claims on scientific issues. (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)

The current dominant approach on the assessment of critical thinking takes as a starting point a conception of criticality that does not commit to any substantive view or context of meaning concerning what issues are relevant to be critical about in society or in life. Nevertheless, as a detailed examination of the identification of assumptions shows, when going from the theory of critical thinking to the praxis of producing and evaluating arguments, the critical person will inevitably make such commitments from (...) particular perspectives, using particular contexts of meaning. But then she may fail to take notice of relevant ones and may end up using her critical powers in a mercenary way. It is then proposed, in the context of assessment of critical thinking, to choose and use some privileged contexts of meaning, while making them available for critical scrutiny and allowing for the possibility that new ones be brought up by those being assessed. (shrink)

Abstract In this essay, I will argue that images can play a substantial role in argumentation: exploiting information from the context, they can contribute directly and substantially to the communication of the propositions that play the roles of premises and conclusion. Furthermore, they can achieve this directly, i.e. without the need of verbalization. I will ground this claim by presenting and analyzing some arguments where images are essential to the argumentation process. Content Type Journal Article Pages 1-14 DOI 10.1007/s10503-011-9259-y Authors (...) Axel Arturo Barceló Aspeitia, Instituto de Investigaciones Filosóficas, Universidad Nacional Autónoma de México, Cto. Mario de la Cueva s/n, Cd. Universitaria, Coyoacán, 04500 DF, Mexico Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)