Abstract There have been increasingly popular claims that hermeneutics provides an epistemology that is appropriate and sufficient for psychotherapy. The purpose of this paper is to evaluate and explain those claims. Hermeneutics proves to provide terms that legitimize aspects of clinical expertise that have been most ignored within the traditional empiricist epistemology; namely, hermeneutics articulates and provides standards for therapeutic interpretations about clients? idiosyncratic intentions and also for using clinical theories that defy empirical test. Nonetheless, hermeneutics also proves to be (...) limited in its account of clinical knowledge. That is, clinicians who advocate hermeneutics have ruled out any legitimate basis on which clinical expertise can be influenced by knowledge about non?intentional constraints on psychological life. Yet, therapists must use such knowledge, especially that which concerns the non?intentional constraints imposed by human development. Thus, to realize its potential, hermeneutics should be embedded within a more comprehensive epistemology that includes compatible standards for knowledge about development. Finally, this paper concludes by proposing an outline for such an inclusive approach to clinical knowledge. (shrink)

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)

The article introduces the concept of ‘argumentational integrity’ as the basis for developing ethical criteria by which contributions to argumentative discussions can be evaluated; the focus is on the derivation, definition, and specification of the concept. The derivation of the concept starts out from a prescriptive use of ‘argumentation’, entailing in particular the goal of a rational as well as a cooperative solution. In order to make this goal attainable, contributions to argumentative discussions must meet certain conditions. It is assumed (...) that participants are not only intuitively aware of these conditions, but in fact expect of themselves and others that they will not consciously violate the conditions. This assumption leads to the most general definition of the norm of argumentational integrity: Speakers must not knowingly violate the argumentative conditions. On the basis of an empirical study drawing upon classifications of unethical strategies in popular rhetorical texts, the general norm is then specified in the form of 11 ‘standards of fair argumentation’. (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)

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

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)

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)

Using print ads and recognizing the role of visual images in argument (Groarke) and the presence of arguments in ads (Slade), this paper argues that the work of argumentation theorists from Aristotle to van Eemeren and Grootendorst can be used to support the thesis that ads are arguments. I cite as evidence definitions, demarcations, delineations, and descriptions of argument put forth by leading scholars in the field of argumentation. This includes Aristotle, Informal Logic, Toulmin (Claim, Data, Warrant, Backing, Qualifier, Rebuttal), (...) Johnson and Blair (argument as “reasons or evidence as grounds or support for an opinion”), Gilbert (Multi-Modal Argumentation), and van Eemeren and Grootendorst (argumentation as a social activity and pragma-dialectics). I show how, although just fitting a particular advertisement to someone’s definition does not mean that all ads are arguments, nevertheless, the fact that we can find in an ad all these elements from this variety of scholars over time, leaves us reasonably secure in stating that an ad is indeed an argument. Since my argument would be the same for practically any ad, I am using only one ad. I do, however, use the kind of ad that is least likely to seem to be an argument: an ad with few words, an ad which is mostly visual. If I can show how even an almost entirely visual ad can be analyzed as an argument using the terms of all these scholars of argumentation, I will maintain that most ads could be analyzed in the same way. (shrink)

This paper focuses on the inferential configuration of arguments, generally referred to as argument scheme. After outlining our approach, denominated Argumentum Model of Topics (AMT, see Rigotti and Greco Morasso 2006, 2009; Rigotti 2006, 2008, 2009), we compare it to other modern and contemporary approaches, to eventually illustrate some advantages offered by it. In spite of the evident connection with the tradition of topics, emerging also from AMT’s denomination, its involvement in the contemporary dialogue on argument schemes should not be (...) overlooked. The model builds in particular on the theoretical and methodological perspective of pragma-dialectics in its extended version, reconciling dialectic and rhetoric; nevertheless, it also takes into account numerous other contributions to the study of argument schemes. Aiming at a representation of argument schemes able to monitor the inferential cohesion and completeness of arguments, AMT focuses on two components of argument scheme that could be distinguished, readapting pragma-dialectical terms, as procedural and material respectively. The procedural component is based on the semantic-ontological structure, which generates the inferential connection from which the logical form of the argument is derived. The material component integrates into the argument scheme the implicit and explicit premises bound to the contextual common ground (Rigotti 2006). In this paper, the comparison of the AMT to other approaches focuses on the inferential configuration of arguments and not on the typologies of argument schemes and on the principles they are based on, which the authors intend to tackle in a further paper. (shrink)

A variety of theoretical positions are emerging to explain the judicial process from such perspectives as hermeneutics, semiotics, critical theory and argumentation/rhetoric. They ask such questions as these: What is the source of judicial authority? How do judges arrive at their decisions? By what logic are decisions to be tested? In this essay I argue that a focus on decisions and their justifications alone masks the broader process in which judges, along with all the other relevant groups, engage in a (...) continuing and evolving dialogue to structure their normative universe through the complementary processes of dialectic and rhetoric. Contemporary concepts of argumentation can serve to analyze this process critically. (shrink)

Alston, Searle, and Williamson advocate the restrictive model of assertion , according to which certain constitutive assertoric norms restrict which propositions one may assert. Sellars and Brandom advocate the dialectical model of assertion , which treats assertion as constituted by its role in the game of giving and asking for reasons. Sellars and Brandom develop a restrictive version of the dialectical model. I explore a non-restrictive version of the dialectical model. On such a view, constitutive assertoric norms constrain how one (...) must react if an interlocutor challenges one's assertion, but they do not constrain what one should assert in the first place. I argue that the non-restrictive dialectical perspective can accommodate various linguistic phenomena commonly taken to support the restrictive model. 1. (shrink)

Governments now recognise the potential for ICTs to improve the way in which they can engage with the population, whether conducting online consultations to elicit the people’s views on proposed policy, or disseminating information via websites. However, much of the information remains in text format, leaving the task of extracting data the viewer’s responsibility. This can be a daunting prospect, especially in the case of reports of parliamentary proceedings. In the past, Argument Visualisation techniques were used in training law students (...) to render legal cases easier to comprehend; now, enhanced by all the advantages ICT has to offer, these techniques are employed to help make sense of thorny problems in academia and business. The possibility exists that such methods might also serve to clarify complex political issues of interest to the public. This paper describes an investigation into such a possibility. Two debates taken from the Scottish Parliament 2003 Autumn session were converted into argument visualisations and presented for comparison with the ‘Official Report’ to assess whether the visualisations offered any advantages over the textual alternative. (shrink)

If arguments are to generate public knowledge, as in the sciences, then they must travel, finding acceptance across a range of local contexts. But not all good arguments travel, whereas some bad arguments do. Under what conditions may we regard the capacity of an argument to travel as a sign of its cogency or public merits? This question is especially interesting for a contextualist approach that wants to remain critically robust: if standards of cogency are bound to local contexts of (...) evaluation, then how may arguments legitimately travel at all? The key to a contextualist conception of cogent travel, I argue, lies in the way local contexts are linked to broader contexts of evaluation by relations of relevance. The burden of the article is to elaborate the different forms these relations can take in the travel of scientific arguments. (shrink)

The concept of argumentation in AI is based almost exclusively on the use of formal, abstract representations. Despite their appealing computational properties, these abstractions become increasingly divorced from their real world counterparts, and, crucially, lose the ability to express the rich gamut of natural argument forms required for creating effective text. In this paper, the demands that socially situated argumentation places on knowledge representation are explored, and the various problems with existing formalisations are discussed. Insights from argumentation theory and social (...) psychology are then adduced as key contributions to a notion of social context which is both computationally tractable and suitably expressive for handling the complexities of argumentation found in natural language. (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)

This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute on (...) the basis of the claims, arguments and evidence put forward in the argumentation phase. The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase. Adjudication is modelled as putting forward arguments, in particular undercutting and priority arguments, in the decision phase. The model reconciles logical aspects of burden of proof induced by the defeasible nature of arguments with dialogical aspects of burden of proof as something that can be allocated by explicit decisions on legal grounds. (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)

Persuasion is a fact of social life, one upon which positive and negative views can be taken. Argumentative rhetoric is often functionally defined as aiming to persuade. Different views on persuasion are taken in argumentative studies, and many other disciplines focus on persuasion. This article takes an “inter-discursive” view of argumentation, and, following the “Hamblin’s trend”, suggests a possible replacement for the concept of persuasion by the inter-discursive concept of alignment.

This paper suggests that empirical educational research has not, on the whole, been treated well by philosophers of education. A variety of criticisms have been offered, ranging from triviality, conceptual confusion and the impossibility of empirically studying normative processes. Furthermore, many of those who criticise, or dismiss, empirical research do so without subjecting any specific examples to careful scholarly scrutiny. It is suggested that both philosophy of education, and the empirical research enterprise, stand to profit if philosophers pay more attention (...) to real cases—and this attention is especially important at present, when research funding is being based on spurious scientistic criteria such as the use of ‘gold standard’ randomised experimental research designs. (shrink)

We argue that there are mutually beneficial connections to be made between ideas in argumentation theory and the philosophy of mathematics, and that these connections can be suggested via the process of producing computational models of theories in these domains. We discuss Lakatos’s work (Proofs and Refutations, 1976) in which he championed the informal nature of mathematics, and our computational representation of his theory. In particular, we outline our representation of Cauchy’s proof of Euler’s conjecture, in which we use work (...) by Haggith on argumentation structures, and identify connections between these structures and Lakatos’s methods. (shrink)

This paper discusses the relation between deontic logic and the study of conversational interactions. Special attention is given to the notion of remedial interchange as analysed by sociologists and linguistic pragmaticians. This notion is close to the one of contrary-to-duty (reparational) obligation, which deontic logicians have been studying in its own right. The present article also investigates the question of whether some of the aspects of conversational interactions can fruitfully be described by using formal tools originally developed in the study (...) of iterated belief change. I here adapt the latter tools to deontic logic, and attempt an account of remedial interchange (and, more generally, contrary-to-duty reasoning) in terms of commutation. This account brings the dynamics of obligations to the fore. (shrink)

Enthymemes are traditionally defined as arguments in which some elements are left unstated. It is an empirical fact that enthymemes are both enormously frequent and appropriately understood in everyday argumentation. Why is it so? We outline an answer that dispenses with the so called "principle of charity", which is the standard notion underlying most works on enthymemes. In contrast, we suggest that a different force drives enthymematic argumentation—namely, parsimony, i.e. the tendency to optimize resource consumption, in light of the agent's (...) goals. On this view, the frequent use of enthymemes does not indicate sub-optimal performance of arguers, requiring appeals to charity for their redemption. On the contrary, it is seen as a highly adaptive argumentation strategy, given the need of everyday reasoners to optimize their cognitive resources. Considerations of parsimony also affect enthymeme reconstruction, i.e. the process by which the interpreter makes sense of the speaker's enthymemes. Far from being driven by any pro-social cooperative instinct, interpretative efforts are aimed at extracting valuable information at reasonable costs from available sources. Thus, there is a tension between parsimony and charity, insofar as the former is a non-social constraint for self-regulation of one's behaviour, whereas the latter implies a pro-social attitude. We will argue that some versions of charity are untenable for enthymeme interpretation, while others are compatible with the view defended here, but still require parsimony to expose the ultimate reasons upon which a presumption of fair treatment in enthymeme reconstruction is founded. (shrink)

‘AI & Law’ research has been around since the 1970s, even though with shifting emphasis. This is an overview of the contributions of digital technologies, both artificial intelligence and non-AI smart tools, to both the legal professions and the police. For example, we briefly consider text mining and case-automated summarization, tools supporting argumentation, tools concerning sentencing based on the technique of case-based reasoning, the role of abductive reasoning, research into applying AI to legal evidence, tools for fighting crime and tools (...) for identification. (shrink)

This article deals with the relationship between argumentation and persuasion. It defends the idea that these two concepts are not as opposed as all too often said. If it is important to recognize their differences (there are argumentative discourses without persuasion and persuasive discourses without argumentation), there is nevertheless an overlap, in which characteristics are taken from both. We propose to call this overlap “persuasive argumentation”. In order to bridge argumentation and persuasion, we will first distinguish the latter from manipulation. (...) In the second part of this article, we will analyze four cases of persuasive argumentation: the enthymeme, a few rhetorical figures, narration and visual argumentation. (shrink)

(1988). Approaches, opportunities and priorities in the rhetoric of political inquiry: A critical synthesis. Social Epistemology: Vol. 2, No. 1, pp. 21-42.

Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legal knowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources of law, and the relations (...) among them, more accessible to those without a legal education. This article presents a theory about translating sources of law into information accessible to persons without a legal education. It illustrates the theory by providing two elaborated examples of such translation ventures. In the first example, formal sources of law in the domain of exchanging police information are translated into rules of thumb useful for policemen. In the second example, the goal of providing non-legal professionals with insight into legislative procedures is translated into a framework for making available sources of law through an integrated legislative calendar. Although the theory itself does not support automating the several stages described, in this article some hints are given as to what such automation would have to look like. (shrink)

In this paper, I review and compare major literature on goals in argumentation scholarship, aiming to answer the question of how to take the different goals of arguers into account when analysing and evaluating public political arguments. On the basis of the review, I suggest to differentiate between the different goals along two important distinctions: first, distinguish between goals which are intrinsic to argumentation and goals which are extrinsic to it and second distinguish between goals of the act of arguing (...) and goals of argumentative interactions. Furthermore, I propose to analyse public political arguments as multi-purposive activity types and reconstruct the argumentative exchanges as a series of simultaneous discussions. This enables us to examine public political arguments from a perspective in which the intrinsic goals of argumentation are in principle instrumental for the achievement of the socio-political purposes of argumentation, and consequently, it makes our assessment of the argumentative quality of the argument also indicative of the quality of the socio-political processes to which the arguments contribute. (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)

While many "benchtop-to-bedside" research pathways have been developed in "Type I" translational medicine, vehicles to facilitate "Type II" and "Type III" translation that convert scientific data into clinical and community interventions designed to improve the health of human populations remain elusive. Further, while a high percentage of physicians endorse the principle of citizen leadership, many have difficulty practicing it. This discrepancy has been attributed, in part, to lack of training and preparation for public advocacy, time limitation, and institutional resistance. As (...) translational medicine and physician-citizenship implicate social, political, economic and cultural factors, both enterprises require "integrative" research strategies that blend insights from multiple fields of study, as well as rhetorical acumen in adapting messages to reach multiple audiences. This article considers how argumentation theory's epistemological flexibility, audience attentiveness, and heuristic qualities, combined with concepts from classical rhetoric, such as rhetorical invention, the synecdoche, and ethos, yield tools to facilitate translational medicine and enable physician-citizenship. (shrink)

In a critical discussion, interlocutors can strategically maneuver by shading their expressed degree of standpoint commitment for rhetorical effect. When is such strategic shading reasonable, and when does it cross the line and risk fallacious derailment of the discussion? Analysis of President George W. Bush’s 2002–2003 prewar commentary on Iraq provides an occasion to explore this question and revisit Douglas Ehninger’s distinction between argumentation as coercive correction and argumentation as a person-risking enterprise. Points of overlap between Ehninger’s account and pragma-dialectical (...) argumentation theory suggest avenues for harmonization of rhetorical and dialectical perspectives on argumentation. Out of this conceptual convergence comes theoretical resources for understanding strategic maneuvering, by accounting for ways that discussants exploit gaps between their externalized and actual discussion attitude. As such higher-order strategic maneuvering played a major role in the 2003 Iraq prewar discourse failure, perspicacious understanding of this particular argumentative maneuver carries practical, as well as theoretical import. (shrink)