How to understand and assess arguments in which the popularity of an opinion is put forward as a reason to accept that opinion? There exist widely diverging views on how to analyse and evaluate such arguments from popularity. First, I define the concept of an argument from popularity, and show that typical appeals to the popularity of a policy are not genuine arguments from popularity. Second, I acknowledge the importance of some recent probability-based accounts according to which some arguments from (...) popularity are epistemically strong arguments, but also contend that despite these strengths such arguments have at most limited value in argumentative discussions. Finally, I show that there are at least five different ways that arguments from popularity can be fallacious, and examine what this means for an account of the Fallacy of Popularity. (shrink)

The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be (...) justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification 1 ; LJ 1 ); the other justifies its superiority over other eligible backings (legitimation justification 2 ; LJ 2 ). In this paper, we focus on LJ 1 and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ 1 refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ 2 and other subjustifications of LJ 1 will be discussed. (shrink)

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 (...) have a closely analogous pragmatic function, i.e., that practical and cognitive presumptions are made to avoid greater harm in circumstances of epistemic uncertainty. By comparing schemes of practical and cognitive reasoning, I show that Rescher’s contention requires qualifications. Moreover, not only do practical and cognitive presumptions have distinct pragmatic functions, but they also perform different dialogical functions and, in some circumstances, cannot be defeated by the same kinds of evidence. Hence, I conclude that the two classes of presumptions merit distinct treatment in argumentation theory. (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)

The paper presents a dialogical approach applied to the analysis of argumentative strategies in philosophy and examines the case of the critical comments to the Tanner Lectures given by the Dutch biologist and primatologist, Frans de Waal, at Princeton University in November 2003. The paper is divided into five parts: the first advances the hypothesis that what seem puzzling aspects of philosophical argumentation to scholars in other academic fields are explained by the global role played by a series of arguments (...) within a broader argumentative strategy, e.g. arguing that a question that seems important is not really worthwhile; the second presents five groups of dialectical operations, making use of concepts and tools from the dialectical dialogical approach (WaltonWalton and Krabbe, Commitment in Dialogue: Basic Concepts of Interpersonal Reasoning, SUNY Press, Albany, 1995), Hubert Marraud's Argument dialectic (Marraud, En buena lógica. Una introducción a la teoría de la argumentación, Editorial Universidad de Guadalajara, Guadalajara, 2020) and from the vast tradition of formal dialectics and dialogical logic. In the remaining three sections, the comments of philosophers Christine M. Korsgaard, Philip Kitcher and Peter Singer to de Waal's Tanner Lectures are analyzed dialectically. (shrink)

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. (...) There are three main reasons. First, the argument from ignorance, unlike typical presumptive reasoning, is a negative kind of inference. Second, the typical initial presumption is sensitive to a broader set of defeaters and thus assumes a higher standard of acceptability. Third, in dialectical terms, initial presumption and argument from ignorance bring different attacking rights and obligations. I conclude that Waltonian intuition is unsupported or, at best, is limited only to practical presumptions and practical arguments from ignorance. (shrink)

This paper examines arguments that take counter- considerations into account, and it does so from a dialogical point of view. According to my account, a counterconsideration is part of a critical reaction from a real or imagined opponent, and an arguer may take it into account in his argument in at least six fully responsive ways. Conductive arguments will be characterized as one of these types. In this manner, the paper aims to show how conducive, and related kinds of argument (...) can be understood dialogically. (shrink)

Understanding the language of rejections and objections is an important part of the analysis and practice of argument. In order to strengthen this understanding, we might turn to diagramming, as it has been shown to have the virtue of improving critical thinking skills. This paper discusses what reliable meaning can be taken from words and phrases related to rejections and objections, and then how to diagram them.

Argumentation as the public exchange of reasons is widely thought to enhance deliberative interactions that generate and justify reasonable public policies. Adopting an argumentation-theoretic perspective, we survey the norms that should govern public argumentation and address some of the complexities that scholarly treatments have identified. Our focus is on norms associated with the ideals of correctness and participation as sources of a politically legitimate deliberative outcome. In principle, both ideals are mutually coherent. If the information needed for a correct deliberative (...) outcome is distributed among agents, then maximising participation increases information diversity. But both ideals can also be in tension. If participants lack competence or are prone to biases, a correct deliberative outcome requires limiting participation. The central question for public argumentation, therefore, is how to strike a balance between both ideals. Rather than advocating a preferred normative framework, our main purpose is to illustrate the complexity of this theme. (shrink)

It furthers the dialectic when the opponent is clear about what motivates and underlies her critical stance, even if she does not adopt an opposite standpoint, but merely doubts the proponent’s opinion. Thus, there is some kind of burden of criticism. In some situations, there should an obligation for the opponent to offer explanatory counterconsiderations, if requested, whereas in others, there is no real dialectical obligation, but a mere responsibility for the opponent to cooperate by providing her motivations for being (...) critical. In this paper, it will be shown how a set of dialogue rules may encourage an opponent, in this latter type of situation, to provide her counterconsiderations, and to do so at an appropriate level of specificity. Special attention will be paid to the desired level of specificity. For example, the critic may challenge a thesis by saying “Why? Says who?,” without conveying whether she could be convinced by an argument from expert opinion, or from position to know, or from popular opinion. What are fair dialogue rules for dealing with less than fully specific criticism? (shrink)

In his theory of criticism, D. N. Walton presupposes that an opponent either critically questions an argument, without supplementing this questioning with any reasoning of her own, or that she puts forward a critical question and supplements it with a counterargument, that is, with reasoning in defense of an opposite position of her own. In this paper, I show that there is a kind of in-between critical option for the opponent that needs to be taken into account in any classification (...) of types of criticism, and that should not be overlooked in a system of dialogue norms, nor in a procedure for developing a strategically expedient critique. In this third option, an opponent questions and overtly doubts a statement of the proponent and supplements her doubts with a counterconsideration that explains and motivates her position of critical doubt, yet without supporting any opposite thesis, thereby assisting, as it were, the proponent in his attempt to develop a responsive argumentation, tailor-made to convince this particular opponent. First, I elaborate on the notion of an explanatory counterconsideration. Second, I discuss Walton’s distinction between premises that can be challenged by mere questioning and premises that must be challenged by incurring the obligation to offer counter-argumentation. I contend that the latter type of premises, that I would label “normality premises,” can be attacked without incurring a genuine burden of proof. Instead, it can be attacked by means of incurring a burden of criticism that amounts to the obligation to offer an explanatory counterconsideration, rather than a convincing ex concessis argument. Of course, providing the opponent with the right to discharge her burden of criticism with explanatory counterconsiderations brings a clear strategic ad- vantage to her. It is much less demanding to motivate one’s doubts regarding proposition P, than to convince the proponent of not-P. If we want to encourage opponents to act critically, and proponents to develop responsive arguments, the importance of the notions of an explanatory counterconsideration and of a motivated doubt should be emphasized in the theory of criticism. (shrink)