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Strategic Maneuvering with the Burden of Proof

In Scott Jacobs, Sally Jackson, Frans Eemeren & Frans H. van Eemeren (eds.), Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics. Cham, Switzerland: Springer Verlag (2015)

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  1. Comparing the Argumentum Model of Topics to Other Contemporary Approaches to Argument Schemes: The Procedural and Material Components.Eddo Rigotti & Sara Greco Morasso - 2010 - Argumentation 24 (4):489-512.
    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 (...)
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  • More about Fallacies as Derailments of Strategic Maneuvering: The Case of Tu Quoque.Frans H. van Eemeren & Peter Houtlosser - unknown
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  • Metaphors and Argumentation.Cristian Santibanez Yanez - 2007 - Proceedings of the Ontario Society for the Study of Argumentation Biennial Conference 7.
    To describe how metaphors work from an argumentative point of view is the first step of this paper. After describing the metaphorical argumentative mechanism, the second step is to apply this mechanism by analyzing some paradigmatic international metaphors that are used in public speeches. This analysis will enable us to see some common grounds between different cultures and countries, especially regarding economical issues and argumentation theory.
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  • ''You 're Being Unreasonable': Prior and Passing Theories of Critical Discussion.John E. Richardson & Albert Atkin - 2006 - Argumentation 20 (2):149-166.
    A key and continuing concern within the pragma-dialectical theory of argumentation is how to account for effective persuasion disciplined by dialectical rationality. Currently, van Eemeren and Houtlosser offer one response to this concern in the form of strategic manoeuvring. This paper offers a prior/passing theory of communicative interaction as a supplement to the strategic manoeuvring approach. Our use of a prior/passing model investigates how a difference of opinion can be resolved while both dialectic obligations of reasonableness and rhetorical ambitions of (...)
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  • Locke and “ad”.Richard Davies - 2023 - Argumentation 37 (3):473-492.
    In IV, xvii, 19–22 of his Essay, Locke employs Latin labels for four kinds of argument, of which one (ad hominem) was already in circulation and one (ad judicium) has never had much currency. The present proposal seeks to locate and clarify what Locke was aiming to describe, and to contrast what he says with some subsequent uses that have been made of these labels as if they named fallacies. Though three of the four kinds of argument that Locke picks (...)
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  • Handbook of Argumentation Theory.Frans H. van Eemeren, Bart Garssen, Erik C. W. Krabbe, A. Francisca Snoeck Henkemans, Bart Verheij & Jean H. M. Wagemans - 2014 - Dordrecht, Netherland: Springer.
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  • Presumptions, and How They Relate to Arguments from Ignorance.Petar Bodlović - 2019 - Argumentation 33 (4):579-604.
    By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. (...)
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  • Recognizing Argument Types and Adding Missing Reasons.Christoph Lumer - 2019 - In Bart J. Garssen, David Godden, Gordon Mitchell & Jean Wagemans (eds.), Proceedings of the Ninth Conference of the International Society for the Study of Argumentation (ISSA). [Amsterdam, July 3-6, 2018.]. Sic Sat. pp. 769-777.
    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 (...)
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  • Peer Disagreement and the Bridge Principle.Marc-Kevin Daoust - 2021 - Topoi 40 (5):1213-1223.
    One explanation of rational peer disagreement is that agents find themselves in an epistemically permissive situation. In fact, some authors have suggested that, while evidence could be impermissive at the intrapersonal level, it is permissive at the interpersonal level. In this paper, I challenge such a claim. I will argue that, at least in cases of rational disagreement under full disclosure, there cannot be more interpersonal epistemically permissive situations than there are intrapersonal epistemically permissive situations. In other words, with respect (...)
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  • Processing Topics from the Beneficial Cognitive Model in Partially and Over-Successful Persuasion Dialogues.Kamila Debowska-Kozlowska - 2014 - Argumentation 28 (3):325-339.
    A persuasion dialogue is a dialogue in which a conflict between agents with respect to their points of view arises at the beginning of the talk and the agents have the shared, global goal of resolving the conflict and at least one agent has the persuasive aim to convince the other party to accept an opposing point of view. I argue that the persuasive force of argument may have not only extreme values but also intermediate strength. That is, I wish (...)
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  • Strategic Maneuvering with the Intention of the Legislator in the Justification of Judicial Decisions.Eveline T. Feteris - 2008 - Argumentation 22 (3):335-353.
    The author gives an analysis of the strategic manoeuvring in the justification of legal decisions from a pragma-dialectical perspective by showing how a judge tries to reconcile dialectical and rhetorical aims. On the basis of an analysis and evaluation of the argumentation given by the US Supreme Court in the famous Holy Trinity case, it is shown how in a case in which the judge wants to make an exception to a legal rule for the concrete case tries to meet (...)
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  • A dialogical theory of presumption.Douglas Walton - 2008 - Artificial Intelligence and Law 16 (2):209-243.
    The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are (...)
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  • Nothing Persuades Like Success: Reflections on Partially and Over-Successful Persuasion. A Reply to Debowska-Kozlowska: Comment to: Processing Topics from the Beneficial Cognitive Model in Partially and Over-Successful Persuasion Dialogues.Fabio Paglieri - 2014 - Argumentation 28 (3):341-348.
    In this brief commentary of Kamila Debowska-Kozlowska’s insightful analysis of persuasive outcomes (Processing topics from the Beneficial Cognitive Model in partially and over-successful persuasion dialogues. Argumentation, 2014), I articulate some suggestions for future development of her ideas. My main claim is that, while instances of partially and over-successful persuasion are indeed worthy of further theoretical inquiry, the topical analysis proposed by Debowska-Kozlowska may benefit from integration with other approaches.
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  • The Pragma-Dialectical Theory Under Discussion.Frans H. van Eemeren - 2012 - Argumentation 26 (4):439-457.
    During the past thirty years the pragma-dialectical theorizing has developed in various steps from designing an abstract ideal model for critical discussion to examining strategic manoeuvring in the various argumentative activity types in which argumentative discourse manifests itself in argumentative reality. The response to the theoretical proposals that have been made includes, next to approval, also various kinds of criticisms. This paper explores the nature and thrust of these criticisms. In doing so, a distinction is made between criticisms concerning the (...)
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  • Questions, Presuppositions and Fallacies.Andrei Moldovan - 2022 - Argumentation 36 (2):287-303.
    In this paper I focus on the fallacy known as Complex Question or Many Questions. After a brief introduction, in Sect. 2 I highlight its pragmatic dimension, and in Sect. 3 its dialectical dimension. In Sect. 4 I present two accounts of this fallacy developed in argumentation theory, Douglas Walton’s and the Pragma-Dialectics’, which have resources to capture both its pragmatic and its dialectical nature. However, these accounts are unsatisfactory for various reasons. In Sect. 5 I focus on the pragmatic (...)
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  • Strategic Manoeuvring with Linguistic Arguments in the Justification of Legal Decisions.Eveline Feteris - unknown
    Participants to a legal process often use linguistic arguments to support their claim. With a linguistic argument it is shown that the proposed interpretation of a rule is based on the meaning of the words used in the rule in ordinary or technical language. The reason why a linguistic argument is chosen as a support for a legal claim is that linguistic arguments are considered to have a preferred status in justifying a legal decision. However, this preferred status can also (...)
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  • On the Differences Between Practical and Cognitive Presumptions.Petar Bodlović - 2020 - Argumentation 35 (2):287-320.
    The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...)
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  • Delimiting the burden of proof in political interviews.Corina Andone - 2016 - Journal of Argumentation in Context 5 (1):74-87.
    This paper aims to contribute to an understanding of the politicians’ burden of proof in political interviews by explaining how politicians attempt to delimit the burden of proof which they acquire for their standpoints in response to criticism. As politicians always want to give a positive evaluation of their activities, they respond to the critics by delimiting their burden of proof in such a way that their standpoints are easy to defend. The research question to be answered is: How do (...)
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  • Commentary on van Eemeren & Houtlosser.Joseph Wenzel - unknown
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  • Constrained Maneuvering: Rhetoric as a Rational Enterprise. [REVIEW]Christopher W. Tindale - 2006 - Argumentation 20 (4):447-466.
    This paper discusses some of the ways recent models have brought rhetoric into argumentation theory. In particular, it explores the rationale for and role of rhetoric in the strategic maneuvering project of pragma-dialectics and compares it with the author’s own implementation of rhetorical features. A case is made for considering the active ways audiences influence the strategies of arguers and for seeing the role of rhetoric in argumentation as both fundamental and reasonable on its own terms.
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  • The Pragma-Dialectical Theory Under Discussion.Frans H. Eemeren - 2012 - Argumentation 26 (4):439-457.
    During the past thirty years the pragma-dialectical theorizing has developed in various steps from designing an abstract ideal model for critical discussion to examining strategic manoeuvring in the various argumentative activity types in which argumentative discourse manifests itself in argumentative reality. The response to the theoretical proposals that have been made includes, next to approval, also various kinds of criticisms. This paper explores the nature and thrust of these criticisms. In doing so, a distinction is made between criticisms concerning the (...)
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  • A defense of war and sport metaphors in argument.Scott Aikin - 2011 - Philosophy and Rhetoric 44 (3):250-272.
    There is a widely held concern that using war and sport metaphors to describe argument contributes to the breakdown of argumentative processes. The thumbnail version of this worry about such metaphors is that they promote adversarial conceptions of argument that lead interlocutors with those conceptions to behave adversarially in argumentative contexts. These actions are often aggressive, which undermines argument exchange by either excluding many from such exchanges or turning exchanges more into verbal battles. These worries are legitimate as far as (...)
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  • Topical Themes in Argumentation Theory: Twenty Exploratory Studies.Frans Hendrik van Eemeren & Bart Garssen (eds.) - 2012 - Dordrecht, Netherland: Springer.
    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 (...)
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  • From Figure to Argument: Contrarium in Roman Rhetoric. [REVIEW]Manfred Kraus - 2007 - Argumentation 21 (1):3-19.
    In Roman rhetoric, contrarium was variably considered either a figure of speech or an argument. The paper examines the logical pattern of this type of argument, which according to Cicero is based on a third Stoic indemonstrable syllogism: $$ \neg ({\hbox{p}} \wedge {\hbox{q}});<$> <$>{\hbox{p}} \to \neg {\hbox{q}}{\hbox{.}} $$ The persuasiveness of this type of argument, however, vitally depends on the validity of the alleged ‹incompatibility’ forming its major premiss. Yet this appears to be the argument’s weak point, as the ‹incompatibilities’ (...)
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  • Metadialogues for Resolving Burden of Proof Disputes.Douglas N. Walton - 2007 - Argumentation 21 (3):291-316.
    In this paper, a solution to the problem of analyzing burden of proof in argumentation is developed by building on the pioneering work of Erik C. W. Krabbe on metadialogues. Three classic cases of burden of proof disputes are analyzed, showing how metadialogue theory can solve the problems they pose. The solution is based on five dialectical requirements: (1) global burden of proof needs to be set at the confrontation stage of a dialogue, (2) there need to be special mechanisms (...)
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  • Higher-Order Strategic Maneuvering in Argumentation.Gordon R. Mitchell - 2010 - Argumentation 24 (3):319-335.
    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 (...)
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  • Investigating children’s Why-questions: A study comparing argumentative and explanatory function.Francesco Arcidiacono & Antonio Bova - 2013 - Discourse Studies 15 (6):713-734.
    Questions represent a crucial tool of interaction between parents and children from a very early age. This study aims to investigate which function – argumentative or explanatory – most characterizes Why-questions asked by children to their parents in a natural setting such as mealtimes at home. Why-questions asked by 13 children – eight girls and five boys aged between three and seven years – coming from 10 middle- to upper-middle-class Swiss and Italian families with a high socio-cultural level were analyzed. (...)
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  • Arguing by Question: A Toulminian Reading of Cicero’s Account of the Enthymeme.Manfred Kraus - unknown
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  • Evaluating Qualified Standpoints.Assimakis Tseronis - unknown
    In this paper, I argue that an account of the effect that the use of adverbials such as ‘actually, in fact, clearly, obviously, perhaps, probably’ has, when qualifying an utterance that is reconstructed as a standpoint, contributes to a context-sensitive evaluation of argumentative discourse. The account provided draws from the concept of strategic manoeuvring developed within Pragma-dialectics. The effect of qualified standpoints on argumentative discussions is specified in terms of the protagonist’s management of the burden of proof.
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  • Commentary on Hansen.Peter Houtlosser - unknown
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  • “You’re moving from irrelevant to irrational”—Critical Reactions in Internet Discussion Forums.Marcin Lewinski - unknown
    This paper scrutinizes some peculiarities of the culture of Internet argumentation: it is a qualitative pragma-dialectical study of different strategies arguers employ to question or attack argumentation of their opponents in online political discussion forums. The basic assumption of the paper is that this particular context of argumentation—or: argumentative activity type—creates special opportunities and constraints for critical reactions regarding propositional content and relevance of argumentation. These opportunities and constraints, it is argued, may lead online discussions to being endless, yet not (...)
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  • Preciseness is a virtue: What are critical questions?Michael J. Hoppmann - unknown
    The paper compares the uses of “critical question” in recent publications on the topic, contrasting explicit definitions where they exist and reconstructing implicit definitions where possible, and suggests a taxonomy of different “critical questions” as they are used in argumentative evaluation and criticism. In distinguishing different meanings of “critical question” horizontally between authors and vertically within the analysis, it strives to make a contribution to the ongoing work on the systematization of argumentative criticism.
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  • Logical Fallacies as Codified Within the Conceptual System of the Lvov-Warsaw School.Marcin Koszowy - 2012 - Studies in Logic, Grammar and Rhetoric 30 (43).
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  • Constructing One’s Arguments Based on Refutations of the Other’s Discourse. A Study of the Traditional Presidential Debate: Chirac/Jospin (1995) Versus Sarkozy/Royal. [REVIEW]Malin Roitman - 2015 - Argumentation 29 (1):19-32.
    This study focuses on the use and function of refutation in two televised debates during which candidates who have reached the second round of the French presidential elections come face to face. The aim of this study is to examine the forms and functions of refutation within the theoretical framework of dialogism. The rhetorical-argumentative functions of refutation and the challenges of this discursive practice in the genre “televised political debate” will also be put forward.
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  • Strategic manoeuvring in institutionalised public discourse: FH van Eemeren (ed.): Examining argumentation in context: Fifteen studies on strategic maneuvering.Sara Greco Morasso - 2012 - Journal of Argumentation in Context 1 (3):379-386.
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  • Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics.Bart Garssen, Frans Eemeren & Frans H. van Eemeren (eds.) - 2015 - Cham, Switzerland: Springer Verlag.
    How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.
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  • Death penalty for Down’s syndrome.Piotr Lewinski - 2016 - Journal of Argumentation in Context 5 (2):172-190.
    In axiological argumentation that refers to issues concerning matters of ethics, politics, or aesthetics, a warrant is derived from a general axiological base, which consists of propositions that are accepted by a particular social group. Such a warrant is supported by ideology, understood as a relatively well organised set of evaluative propositions. In axiological argumentation beliefs are represented by cultural objects that serve as the arguments. Cultural objects are universals, which have a culturally developed interpretation. Without proper recognition of the (...)
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  • Strategic Maneuvering in Direct to Consumer Drug Advertising: A Study in Argumentation Theory and New Institutional Theory.G. Thomas Goodnight - 2008 - Argumentation 22 (3):359-371.
    New Institutional Theory is used to explain the context for argumentation in modern practice. The illustration of Direct to Consumer Drug advertising is deployed to show how communicative argument between a doctor and patient is influenced by force exogenous to the practice of medicine. The essay shows how strategic maneuvering shifts the burden of proof within institutional relations.
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  • Special Issue on Strategic Maneuvering in Institutional Contexts Dedicated to Peter Houtlosser (1956–2008).Frans H. van Eemeren - 2008 - Argumentation 22 (3):305-315.
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