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)

The purpose of this paper is to show the pervasive, though often implicit, role of arguments in negotiation dialogue. This holds even for negotiations that start from a difference of interest such as mere bargaining through offers and counteroffers. But it certainly holds for negotiations that try to settle a difference of opinion on policy issues. It will be demonstrated how a series of offers and counteroffers in a negotiation dialogue contains a reconstructible series of implicit persuasion dialogues. The paper (...) is a sequel to van Laar and Krabbe, in which we showed that for some differences of opinion it may be reasonable to shift from persuasion dialogue, aimed at a resolution of the difference on the merits, to negotiation dialogue, aimed at compromise, whereas in the present paper we show that such a shift need not amount to the abandonment of argumentation. Our main aim in this paper as well as in the previous one is to contribute to the theory of argumentation within the context of negotiation and compromise formation. (shrink)

Negotiation is not only used to settle differences of interest but also to settle differences of opinion. Discussants who are unable to resolve their difference about the objective worth of a policy or action proposal may be willing to abandon their attempts to convince the other and search instead for a compromise that would, for each of them, though only a second choice yet be preferable to a lasting conflict. Our questions are: First, when is it sensible to enter into (...) negotiations and when would this be unwarranted or even fallacious? Second, what is the nature of a compromise? What does it mean to settle instead of resolve a difference of opinion, and what might be the dialectical consequences of mistaking a compromise for a substantial resolution? Our main aim is to contribute to the theory of argumentation within the context of negotiation and compromise formation and to show how arguing disputants can shift to negotiation in a dialectically virtuous way. (shrink)

In recent decades, deliberation about public issues has become a central theme in citizenship education. In line with an increasing philosophical and political appreciation of the importance of deliberation within democracy, schools, as training grounds for democratic citizenship, should foster high-level deliberative skills. However, when this insight is translated into practical formats, these formats suffer from a number of shortcomings. Specifically, they can be criticised on philosophical grounds for advantaging select societal groups, and on empirical grounds for facilitating groupthink mechanisms. (...) This paper aims to address these shortcomings by suggesting a role for debating techniques within deliberative education. Because debating stimulates the contestation of diverse opinions, it may counteract the silencing of minority viewpoints and the proliferation of groupthink. At the same time, debating-based formats must be closely regulated in order to not imperil compromise formation. A concrete format is presented that balances these considerations and may therefore contribute to more effective deliberation in the classroom. (shrink)

In a series of recent papers beginning with their “Splitting a difference of opinion: The shift to negotiation” Jan Albert van Laar and Erik Krabbe claim that it is sometimes reasonable to shift from a critical discussion to a negotiation in order to settle a difference of opinion. They argue that their proposal avoids the fallacies of bargaining and middle ground. Against this permissive policy for shifting to negotiation, we argue that the motivating reasons for such shifts typically fail, and (...) that the permissive policy avoids neither fallacy while structurally incentivizing two types of strategic maneuvering that constitute rational and argumentative hazards: argumentative overcharge and abandonment of discussion. (shrink)

This paper defends negotiation as a way of rationally overcoming disagreements. Negotiation is a type of dialogue where the parties begin with a conflict and a need for cooperation, and their main goal is to make a deal as reported (Walton and Krabbe 1995, p 72). It has been discussed whether differences of opinion can be shifted from persuasion to negotiation dialogue. If two parties disagree, is it reasonable to overcome their disagreement by employing negotiation? Van Laar and Krabbe (2018a) (...) argue that negotiation is the correct way to settle disagreements when the parties arrive at a stalemate. Godden and Casey (2020) deny this. They argue that the goal of persuasion dialogue (to resolve a conflict by verbal means) can never be replaced by a bargaining procedure. This paper claims that shifts to negotiation are reasonable, but only if the shift meets two conditions. The practical condition requires the disagreement to be practical rather than theoretical, and the sacrifice condition requires that the parties freely agree to shift the dialogue to negotiation. When the parties do not meet these conditions, they commit fallacies such as ad consequentiam, ad baculum or the fallacy of middle ground. Finally, I argue that negotiation arises in practical argumentation when the parties assign different relative values to their goals. When this process occurs, we see negotiation as a small step within the practical argumentation process. Persuasion, deliberation and negotiation dialogue are, then, deeply intertwined and are sometimes indistinguishable. (shrink)

When parties attempt to persuade their opponents of the tenability of a certain standpoint using reasons, they will often find that the circumstances of the dialogue hinder their chances of resolution. Power imbalances, cognitive biases, lack of time or hidden interests are some of the circumstances they need to face. I will label these circumstances as _suboptimal settings for argumentation_. According to the pragma-dialectical tradition, higher-order conditions for critical discussion are unfulfilled in these cases (van Eemeren, Grootendorst, Jacobs, & Jackson, (...) 1993). The main question of this paper is the following: what is the normative standard that parties in a discussion need to follow to arrive at a resolution within such circumstances? I will defend a middle-ground solution between two extreme ones. The first extreme position, the _anything-goes policy_, claims that, given that the conditions for a reasonable exchange of reasons are not satisfied, the dialogue stands outside the domain of reason, so anything goes for the parties. The second extreme position, the _business as usual policy_, claims that, since critical discussion is a normative model, the same rules should apply in suboptimal settings. Finally, the _supernormal policy_ that I defend claims that we need a more general and comprehensive norm that I refer to as a _supernorm_ to evaluate these cases. The supernormal policy divides argumentation into two stages: preparation and resolution. In the preparation stage, the parties attempt to restore or compensate for the suboptimality of the setting, while in the resolution stage, they attempt to resolve their disagreement. I contend that the moves of the preparation stage should be evaluated by using the supernorm instead of by the rules for critical discussion (van Eemeren and Grootendorst 2004 ). At this point, the paper considers theoretical insights from Gilbert ( 1995, 1997, 2002 ) and Jacobs ( 2000, 2006 ) to understand what this entails. (shrink)

This article argues that the theoretical concept of meta-argumentative fallacy is useful. The authors argue for this along two lines. The first is that with the concept, the authors may clarify the concept of meta-argumentation. That is, by theorizing where meta-argument goes wrong, the authors may capture the norms of this level of argumentation. The second is that the concept of meta-argumentative fallacies provides an explanatory model for a variety of errors in argument otherwise difficult to theorize. The authors take (...) three as exemplary: the straw man, both sides, and free speech fallacies. (shrink)

This paper offers an account of a fallacy we will call bothsiderism, which is to mistake disagreement on an issue for evidence that either a compromise on, suspension of judgment regarding, or continued discussion of the issue is in order. Our view is that this is a fallacy of a unique and heretofore untheorized type, a fallacy of meta-argumentation. The paper develops as follows. After a brief introduction, we examine a recent bothsiderist case in American politics. We use this as (...) a pivot point to survey the theoretical literature on the fallacy. The most prominent theory is that bothsiderism is a case of dialogue-shifting. This view fails, we maintain, to explain how bothsiderism might be persuasive. We argue, rather, bothsiderism is a kind of meta-argumentative fallacy. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.