The fallacy of ignoring qualifications, or secundum quid et simpliciter, is a deceptive strategy that is pervasive in argumentative dialogues, discourses, and discussions. It consists in misrepresenting an utterance so that its meaning is broadened, narrowed, or simply modified to pursue different goals, such as drawing a specific conclusion, attacking the interlocutor, or generating humorous reactions. The “secundum quid” was described by Aristotle as an interpretative manipulative strategy, based on the contrast between the “proper” sense of a statement and its (...) meaning taken absolutely or in a certain respect. However, how can an “unqualified” statement have a proper meaning different from the qualified one, and vice versa? This “linguistic” fallacy brings to light a complex relationship between pragmatics, argumentation, and interpretation. The secundum quid is described in this paper as a manipulative argument, whose deceptive effect lies in its pragmatic dimension. This fallacy is analyzed as a strategy of decontextualization lying at the interface between pragmatics and argumentation and consisting of the unwarranted passage from an ut-terance to its semantic representation. By ignoring the available evidence and the presumptive interpretation of a statement, the speaker places it in a different context or suppresses textual and contextual evidence to infer a specific meaning different from the presumable one. (shrink)

The informal logic movement began as an attempt to develop – and teach – an alternative logic which can account for the real life arguing that surrounds us in our daily lives – in newspapers and the popular media, political and social commentary, advertising, and interpersonal exchange. The movement was rooted in research and discussion in Canada and especially at the University of Windsor, and has become a branch of argumentation theory which intersects with related traditions and approaches (notably formal (...) logic, rhetoric and dialectics in the form of pragma-dialectics). In this volume, some of the best known contributors to the movement discuss their views and the reasoning and argument which is informal logic’s subject matter. Many themes and issues are explored in a way that will fuel the continued evolution of the field. Federico Puppo adds an insightful essay which considers the origins and development of informal logic and whether informal logicians are properly described as a “school” of thought. In considering that proposition, Puppo introduces readers to a diverse range of essays, some of them previously published, others written specifically for this volume. (shrink)

Mencius, a prominent Confucian philosopher in the Warring States period of ancient China, is well-known for his argumentative skills, including his refutational skills used to maintain his own standpoints. This paper attempts to reveal how Mencius refuted his opponents argumentatively and strategically on the issue of human nature. To this end, the pragma-dialectical approach to argumentation is adopted to first reconstruct Mencius’s argumentative discourse on human nature according to the four stages in critical discussion—the confrontation, opening, argumentation and concluding stages. (...) Under the ancient Chinese historical and cultural context, Mencius’s argumentative discourse about human nature was developed in three critical discussions, between Mencius the protagonist, and his explicit interlocutors and implicit adversaries who held different views on human nature—the antagonists. The discussions were undertaken around three single mixed differences of opinion concerning three propositions, with resolution of the first difference of opinion serving as a starting point of the second, and the resolution of the second as a starting point of the third. Then based on the reconstruction, the paper elaborates the refutational strategies that Mencius employed in various stages, such as dissociation, reductio ad absurdum based on refutational analogy, and conciliation. It further points out that the employment of these strategies is strategic maneuvering undertaken by Mencius in an attempt to realize both dialectical and rhetorical aims. (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

In today’s ‘networked’ public sphere, arguers are faced with countless controversies roaming out there. Knowing what is at stake at any point in time, and keeping under control the contribution one’s arguments make to the different interrelated issues requires careful craft Keeping in touch with Pragma-Dialectics. In honor of Frans H. van Eemeren. John Benjamins, Amsterdam, 2011). In this paper, I explore the difficulty of determining what is at stake at any moment of the argumentative situation and explore the challenge (...) that that creates for examining the strategic shape of arguments. I argue that a meaningful examination of networked argumentative encounters requires that the boundaries of an encounter remain ‘fluid. In dealing with the fluid boundaries, I suggest to identify “argumentative associates” and “standing standpoints”. (shrink)

CDA studies on out-groups, i.e. immigrants, within Wodak's Discourse-Historical and van Dijk's Socio-cognitive approaches along other approaches, have suggested methods and analytical categories through which discursive representations of social groups are investigated. Consequently, several listings of relevant analytical categories have been proposed and applied to many subsequent studies. However, the variety of the proposed methods in representation of social groups by various scholars and the often unclear accounts for the links among various levels of discourse analysis seem to have created (...) a multitude of discursive strategies that can be overwhelming if not confusing. This paper is an attempt to make explicit various levels of discourse analysis on representation of social groups from detailed textual analysis to discourse topics and tries to show how micro-level analytical categories are related to macro-structure within various levels of contexts. Specifically, a three-level analytical framework is suggested for textual analysis of the representation of social groups which divides the text analysis into three domains of social actors, social actions and argumentation. It is suggested that the analysis should look at what is in the text in terms of the three domains mentioned, and investigate how these domains are linguistically realized through a set of linguistic processes/mechanisms. (shrink)

Drawing on insights from contemporary studies on conceptual metaphor and multimodal metaphor, the present study proposes a tentative analysis of multimodal metaphorical argument from the perspective of the extended theory of pragma-dialectics. A case, Liqun Commercial, is presented as an illustration. This commercial proves to use a conceptual metaphor, life is a journey, that underlies a multimodal metaphorical argument. The conceptual metaphor is highly acceptable in the cultural context of the Chinese target audience. Due to the restrictions imposed by the (...) institutional context, the commercial tries to convince the audience by using implicit argumentative means. In this endeavor, multimodal metaphorical argument is used to enhance the commercial’s effectiveness by foregrounding through framing the aspects the protagonist desires to show and by using a strategy to evade sanctions for ignoring institutional constraints. (shrink)

Whether abduction is treated as an argument or as an inference, the mainstream view presupposes a tight connection between abduction and inference to the best explanation. This paper critically evaluates this link and supports a narrower view on abduction. Our main thesis is that merely the hypothesis-generative aspect, but not the evaluative aspect, is properly abductive in the sense introduced by C. S. Peirce. We show why equating abduction with IBE unnecessarily complicates argument evaluation by levelling the status of abduction (...) as a third reasoning mode. We also propose a scheme for abductive argument along with critical questions, and suggest retaining abduction alongside IBE as related but distinct categories. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

This article analyses letters to the editor written on or about Muslims printed in a British broadsheet newspaper. The pragma-dialectical theory of argumentation is applied as a model for explaining and understanding the arguments employed in the sampled letters. Our presentation of pragma-dialectical theory focuses on argumentative reasonableness. More specifically, we introduce the four dialectical stages through which any argument must pass and explain the ten rules of critical discussion that participants must follow throughout if they are to resolve the (...) argument. The article focuses in particular on the letter writers' use of argument schemes-that is, the manner in which these writers use arguments to support their standpoints. We conclude by highlighting the role that unreasonable arguments can play in perpetuating racialized inequalities and hence the importance of analyzing argumentation. (shrink)

The quality of our public discourse – think of the climate change debate for instance – is never very high. A day spent observing it reveals a litany of misrepresentation and error, argumentative fallacy, and a general lack of good will. In this paper I focus on a microcosmic aspect of these practices: the use of two types of argument – the argumentum ad hominem and appeal to authority – and a way in which they are related. Public debate is (...) so contaminated by the misuse of the ad hominem tactic that it is important to have an understanding of one of the ways in which its use may be legitimate. So readers who might have expected an analysis of the ad hominem fallacy will, on the contrary, be presented with an account of one of the places for its potential success. In ad hominem, arguers are viewed as legitimate constitutive targets for their own argument; in authority arguments, arguers provide a legitimate constitutive warrant for an argument they deploy. These types of argument are connected in so far as the identities of persons deploying them carry the cognitive weight of the argument. If authority arguments sometimes deserve to succeed, ad hominem attacks on them are potentially legitimate. An important motivation for this analysis is that in identifying the success conditions for one of the ad hominem types we attain some clarity in the evaluation of their use. (shrink)

In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous (...) Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case. (shrink)

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.

Peter Ludlow shows how word meanings are much more dynamic than we might have supposed, and explores how they are modulated even during everyday conversation. The resulting view is radical, and has far-reaching consequences for our political and legal discourse, and for enduring puzzles in the foundations of semantics, epistemology, and logic.

This paper is aimed at combining the advances in argumentation theory with the models used in the field of education to address the issue of improving students’ argumentative behavior by interacting with an expert. The concept of deeper or more sophisticated argumentative strategy is theoretically defined and used to advance two new coding schemes, based on the advances in the argumentation studies and aimed at capturing the dialectical, or structural, behavior, and the argumentative content of each dialogue unit. These coding (...) schemes are then applied for a qualitative analysis of a study designed to investigate how students’ argumentative behavior can be influenced by the interaction with an expert, who used specific types of attacks to the interlocutors’ positions. The twofold coding shows at which dialogical level expert–peer interactions can directly and more stably affect students’ argumentative behavior, and what effects such more sophisticated strategies can have on the discussion and the analysis of disagreements. In particular, this paper shows how a specific type of deep-level attack, the underminer, can open dialogues of a different level, focused on unveiling and debating background beliefs underlying a specific position. (shrink)

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 (...) explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

Mathematicians often speak of conjectures, yet unproved, as probable or well-confirmed by evidence. The Riemann Hypothesis, for example, is widely believed to be almost certainly true. There seems no initial reason to distinguish such probability from the same notion in empirical science. Yet it is hard to see how there could be probabilistic relations between the necessary truths of pure mathematics. The existence of such logical relations, short of certainty, is defended using the theory of logical probability (or objective Bayesianism (...) or non-deductive logic), and some detailed examples of its use in mathematics surveyed. Examples of inductive reasoning in experimental mathematics are given and it is argued that the problem of induction is best appreciated in the mathematical case. (shrink)

Written by experts in the field, this volume presents a comprehensive investigation into the relationship between argumentation theory and the philosophy of mathematical practice. Argumentation theory studies reasoning and argument, and especially those aspects not addressed, or not addressed well, by formal deduction. The philosophy of mathematical practice diverges from mainstream philosophy of mathematics in the emphasis it places on what the majority of working mathematicians actually do, rather than on mathematical foundations. -/- The book begins by first challenging the (...) assumption that there is no role for informal logic in mathematics. Next, it details the usefulness of argumentation theory in the understanding of mathematical practice, offering an impressively diverse set of examples, covering the history of mathematics, mathematics education and, perhaps surprisingly, formal proof verification. From there, the book demonstrates that mathematics also offers a valuable testbed for argumentation theory. Coverage concludes by defending attention to mathematical argumentation as the basis for new perspectives on the philosophy of mathematics. ​. (shrink)

This special issue of Informal Logic brings together a num-ber of traditions from the psychology and philosophy of argument. Psycho-logists’ interest in argument typically arises in understanding how indivi-duals form and change their beliefs. Thus, theories of argument can serve as models of the structure of justi-fications for belief, as methods of diagnosing errors in beliefs, and as prototypes for learning. The articles in this issue illustrate all three of these connections.

The recent trend in institutional communication research seems to foster the image of the University as a private organization significantly oriented towards a policy of customer satisfaction. Following the concept of organizational culture, institutional settings too are conceived as organizational contexts, where discourse is a privileged vehicle to convey and spread values, traditions and artifacts, both through internal and external communication practices. Thus, within academic discourse organizational culture is shaped and perpetuated by specific devices of rhetorical argumentation. The corpus of (...) data consists of two different examples of academic discourse: the self promotional endorsement letters of the academic candidates to the chancellor’s position on occasion of the elections and the inaugural speeches proclaimed by the chancellors in charge during the opening celebration of the academic year. The first kind of academic discourse could be meant as an example of political discourse since the candidates use communication strategically and manipulate their academic membership as a rhetorical device to support their aims. On the other hand, the second example is a mere celebration of academic culture which through linguistic rituals recalls and perpetuates the basic values of this microcosm. The data have been analysed with the critical discourse analysis and diatextual analysis which pay particular attention to the context of speech. Moreover, attention has been focused on the metaphors and on the meta-discursive cues. The results show that although with different purposes academic discourse use similar discursive and rhetorical strategies as both belong to the same organization. (shrink)

In this paper, I argue that, just as the problem of unconceived alternatives provides a basis for a New Induction on the History of Science to the effect that a realist view of science is unwarranted, the problem of unconceived objections provides a basis for a New Induction on the History of Philosophy to the effect that a realist view of philosophy is unwarranted. I raise this problem not only for skepticism’s sake but also for the sake of making a (...) point about philosophical argumentation, namely, that anticipating objections to one’s claim is not the same as supporting one’s claim. In other words, defending p from objections does not amount to support or evidence for p. This, in turn, presents dialectical and pragma-dialectical approaches to argumentation with the following question: does proper argumentation require that arguers anticipate and respond to unconceived objections? (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)

The present study examined how the pre-war debate of the US decision to invade Iraq (in March 2003) was discursively constructed in the US/British mainstream newspaper opinion/editorial (op/ed) argumentation. Drawing on theoretical insights from critical discourse analysis and argumentation theory, I problematised the fallacious discussion used in the pro-war op/eds to build up a ‘moral/legal case’ for war on Iraq based on adversarial (rather than dialogical) argumentation. The proponents of war deployed ‘instrumental rationality’ (ends-justify-means reasoning), ‘ethical necessity’ (Bush’s ‘Preemption Doctrine’) (...) and ‘humanitarian virtue’ (the bombing of Iraq to ‘save’ Iraqis from Saddam’s pestilent tyranny) to justify the pending invasion of Iraq. Their arguments intertextually resonated with Bush administration’s ‘war on terror’ rhetoric in a way that created a form of indexical association through ‘recontextualisation’. The type of arguments marshalled by the pro-war op/ed commentators uncritically bolstered the set of US official ‘truth claims’ and ‘presuppositions’. (shrink)

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (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.

In this contribution, I will develop a comprehensive tool for the reconstruction and evaluation of argumentation from expert opinion. This is done by analyzing and then combining two dialectical accounts of this type of argumentation. Walton’s account of the ‘appeal to expert opinion’ provides a number of useful, but fairly unsystematic suggestions for critical questions pertaining to argumentation from expert opinion. The pragma-dialectical account of ‘argumentation from authority’ offers a clear and systematic, but fairly general framework for the reconstruction and (...) evaluation of this type of argumentation. The tool is developed by incorporating Walton’s critical questions into a pragma-dialectical framework. (shrink)

This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (shrink)

Many public information documents attempt to persuade the recipients that they should engage in or refrain from specific behaviour. This is based on the assumption that the recipient will decide about his or her behaviour on the basis of the information given and a rational evaluation of the pros and cons. An analysis of 20 public information brochures shows that the argumentation in persuasive brochures is often not marked as such. Argumentation is presented as factual information, and in many instances (...) the task of making argumentational links and drawing conclusions is left to the reader. However, since the information offered does follow familiar argumentational schemes, readers can, in principle, reconstruct the argument. All the brochures make use of pragmatic argumentation (argumentation from consequences),i. e.,they formulate at least certain benefits of the desirable behaviour or disadvantages of the undesirable behaviour. In addition, they make regular use of argumentation from cause to effect and argumentation from example. Argumentation from rules and argumentation from authority are less frequently used. This empirical analysis of the use of argumentation schemes is a solid base for interesting and rich hypotheses about the cognitive processing of persuasive brochures. Central processing requires the reader to be able to reconstruct argumentation from informational texts and to identify and evaluate various types of argumentation. (shrink)

Some authors have begun to appeal directly to studies of argumentation in their analyses of mathematical practice. These include researchers from an impressively diverse range of disciplines: not only philosophy of mathematics and argumentation theory, but also psychology, education, and computer science. This introduction provides some background to their work.

During the last forty or so years it has become popular to offer explanations of logical notions in terms of games. There is no doubt that many people find games helpful for understanding various logical phenomena. But we ask whether anything is really 'explained' by these accounts, and we analyse Paul Lorenzen's dialogue foundations for constructive logic as an example. The conclusion is that the value of games lies in their ability to provide helpful metaphors and representations, rather than in (...) any true conceptual analysis. In fact some of the standard explanations of logical notions in terms of competitive games simply don't work. /// [Erik C. W. Krabbe] In an attempt to redeem the Lorenzen-type dialogues from their detractors, it is perhaps best first to provide a survey of the various benefits these dialogues have been supposed to yield. This will be done in Section I. It will not be possible, within the confines of this paper, to scrutinize them all, but in Section II we shall delve deeper into the capacity of this type of dialogue to yield a model for the immanent criticism of philosophical positions. Section III will extend the concept of a dialogue in such a way as to conform better with our intuitive conceptions of what a rational discussion of a position should contain. This will be followed up by a concept of 'winning a dialogue' that takes position midway between the old conception of 'winning one play' and that of the full-fledged presentation of a winning strategy . Concepts of 'rational discussion' are thus shown to be, plausibly, more fundamental than those of proof. In Section IV, I shall discuss the specific problems about dialogical foundations put forward by Wilfrid Hodges. (shrink)

That bootstrapping and Moorean reasoning fail to instantiate persuasive argumentation is an often informally presented but not systematically developed view. In this paper, I will argue that this unpersuasiveness is not determined by principles of justification transmission but by two straightforward principles of rationality, understood as a concept of internal coherence. First, it is rational for S to believe the conclusion of an argument because of the argument, only if S believes sufficiently many premises of the argument. Second, if S (...) doubts that a source _O_ is reliable and believes that information _i_ is delivered by _O_, then S rationally suspends judgment about the truth of _i_. This paper aims to accomplish two tasks. First, it provides a thorough analysis of why bootstrapping argumentation is not an instance of rational persuasion. Second, it contains a more general theory about preconditions and limits of persuasive argumentation. (shrink)

Using metaphor is a common strategy in politics and other argumentative settings to support a particular claim or to promote behavioral change (e.g., Musolff, 2004). By painting a picture of the is...

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts. (shrink)

This study examines discursive representations of judicial power in Russian print media. The data are drawn from governmental and oppositional newspapers and cover a six-month period during 2013. Using an approach that is informed by Critical Discourse Analysis and a pragma-dialectical perspective on argumentation, the authors distinguish strategies and specific linguistic means as well as argumentation fallacies that journalists employ in the articles to construct the representation which is consistent with a newspaper’s ideology.

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

The aim of the paper is to propose a unified formal account of dialogical cognitive processes so that it allows the analysis of similarities and differences between those processes. Formal dialogue systems constitute two basic categories or paradigms of modelling communication depending on what cognitive process is described by a given system. The first paradigm consists of designing a set of dialogue rules in a similar manner to Lorenzen’s dialogue logic, and according to which players jointly aim to prove the (...) validity of a formula. In such cases we will say that the system describes formal dialogues and the formal cognitive process of proving the validity of a formula. The second paradigm focuses on building a system similar to Hamblin’s formal dialectics, which “simulates” the real-life communication practice. In the type of dialogues described by those systems, players perform “good” argumentation, i.e. argumentation which fulfils certain requirements of rationality such as e.g. the requirement of not committing a fallacy of circular reasoning. In such a case we will be speaking of a natural dialogue and a natural cognitive process of argumentation. (shrink)

Topical Themes in Argumentation Theory brings together twenty exploratory studies on important subjects of research in contemporary argumentation theory. The essays are based on papers that were presented at the 7th Conference of the International Society for the Study of Argumentation in Amsterdam in June 2010. They give an impression of the nature and the variety of the kind of research that has recently been carried out in the study of argumentation. The volume starts with three essays that provide stimulating (...) theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. (shrink)

This paper makes an independent start with formalizing the rules for the argumentation stage of critical discussions. It does not deal with the well-known code of conduct consisting of ten rules but with the system consisting of fifteen rules on which the code of conduct is based. The rules of this system are scrutinized and problems they raise are discussed. Then a formal dialectical system is defined that reflects most of the contents of these rules. The aim is to elucidate (...) the way the rules work and to show how a formal approach can be useful to achieve this. It is also shown how the present method can be used to study the nature of circular argumentation. While, generally, the formalization follows closely the original rules for the argumentation stage of critical discussions, there will also be proposed some modifications of the original protocol. (shrink)

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 (...) linguistic approaches to argumentation focuses on the problem of distinguishing between explanation and argument, while also elaborating on the role of verbal indicators of argument schemes. All essays included in this volume point out notable recent developments in the study of argumentation. (shrink)

This paper throws some light on the nature of argumentation, its use and advantages, within the setting of doctor–patient interaction. It claims that argumentation can be used by doctors to offer patients reasons that work as ontological conditions for enhancing the decision making process, as well as to preserve the institutional nature of their relationship with patients. In support of these claims, selected arguments from real-life interactions are presented in the second part of the paper, and analysed by means of (...) a model of argumentation borrowed from classical rhetoric, and refined according to the modern orientation of the pragma-dialectic approach. (shrink)

Socrates op de markt, Filosofie in bedrijf was first published in the Netherlands in 1997 and reprinted in 1999.1 It was translated into German and published in Germany in late 2000. The book covers the need today for Socratic dialogue, its methods, its uses and related concepts. These include elenchus (the refutation of what one thought one knew); maieutics (Socratic midwifery making latent knowledge conscious); the relationship of knowledge to feeling, virtue and the formation of personality; and the distinction between (...) three types of knowledge: scientific (episteme), professional (techne) and practical wisdom (phronesis). Our extracts — the first in English — set out Kessels’ arguments for using Socratic dialogue today, his account of its unique role in organisational learning, and a case history: a dialogue with a top management team in which elenchus plays a signal part as they seek to define a policy for handling redundancies. (shrink)

The main finding of a comprehensive empirical research project on the intersubjective acceptability of the pragma-dialectical discussion rules (Van Eemeren, Garssen & Meuffels, 2009) is that ordinary language users judge discussion moves that are considered fallacious from an argumentation-theoretical perspective as unreasonable. In light of this finding it is remarkable that in everyday argumentative discourse fallacies occur regularly and seem many times not to be noticed by the participants in the discourse. This also goes for the abusive argumentum ad hominem. (...) While abusive ad hominem attacks are judged to be very unreasonable discussion moves when the unreasonableness of clear cases of this fallacy is rated in experiments, in real life this fallacy remains undetected more often than not. In this paper it is argued that this paradox can be explained by analysing abusive ad hominem attacks as a mode of strategic manoeuvring which takes on a reasonable appearance in real life situations when it mimics, as it often does, legitimate critical reactions to authority argumentation. The hypothesis that abusive fallacies are seen as less unreasonable when they are presented as if they are critical questions pertaining to the argument scheme for authority argumentation than when they are clear cases was tested systematically in two experiments. The results of these experiments confirmed the hypothesis. (shrink)

How does the analysis and evaluation of argumentation depend on the dialogue type in which the argumentation has been put forward? This paper focuses on argumentative bluff in eristic discussion. Argumentation cannot be presented without conveying the pretence that it is dialectically reasonable, as well as, at least to some degree, rhetorically effective. Within eristic discussion it can be profitable to engage in bluff with respect to such claims. However, it will be argued that such bluffing is dialectically inadmissible, even (...) within an eristic discussion. (shrink)

In this paper, I explore connections between two disciplines not typically linked: argumentation theory and urban design. I first trace historical ties between the art of reasoned discourse and the idea of civic virtue. I next analyze discourse norms implicit in three theories of urban design: Jane Jacobs' The Death and Life of Great American Cities (1961), Christopher Alexander's A Pattern Language: Towns, Buildings, Construction (1977), and Peter Katz's The New Urbanism: Toward an Architecture of Community (1994). I then propose (...) a set of ‘settlement’ issues of potential interest to both urban designers and argumentation theorists: size, density, heterogeneity, publicity, security, and identity. I conclude by suggesting that the ‘good city’ be seen as both a spatial and a discursive entity. From such a perspective, good public discourse is dependent, at least in part, on good public space; and good public space is defined, at least in part, as a context conducive to good public discourse. (shrink)

When analysing and evaluating discourse, the discourse itself, the speech event and the activity type it represents, forces the analyst to search for a theoretical and methodological framework which is suitable for analysing the activity exposed in the data. Interactive political argumentation demands both a theory of argumentation and a theory of spoken language to fully grasp what is going on in the discourse. The pragma-dialectical argumentation theory offers both analytical and evaluative tools, but rests upon a reconstruction of the (...) argumentative discourse which is hierarchical and static. If applied to interactive argumentation this kind of reconstruction will not reveal interactive aspects of the parties' argumentation. On the other hand, conversation analysis, which concentrates on interactive aspects of the discourse, does not offer a tool for the evaluation of the quality of each party's argumentation. (shrink)