In this paper we analyze the uses and misuses of argumentation schemes from verbal classification, and show how argument from definition supports argumentation based on argument from verbal classification. The inquiry has inevitably included the broader study of the concept of definition. The paper presents the schemes for argument from classification and for argument from definition, and shows how the latter type of argument so typically supports the former. The problem of analyzing arguments based on classification is framed in a (...) structure that reveals the crucial role it plays in the persuasion process. The survey of the literature includes the work of Hastings, Perelman, Kienpointner and Schiappa, but still finds much of value in Aristotle. Lessons drawn from Aristotle’s Topics are shown to be useful for developing new tools for assessing definitions and arguments from definition. (shrink)

In this paper we use a series of examples to show how oppositions and dichotomies are fundamental in legal argumentation, and vitally important to be aware of, because of their twofold nature. On the one hand, they are argument structures underlying various kinds of rational argumentation commonly used in law as a means of getting to the truth in a conflict of opinion under critical discussion by two opposing sides before a tryer of fact. On the other hand, they are (...) argument structures underling moves made in strategic advocacy by both sides that function as platforms for different kinds of questionable argumentation tactics and moves that are in some instances tricky and deceptive. (shrink)

I will argue that the standard formulation of non-factualism in terms of a denial of truth-aptness is consistent with a version of deflationsim. My line of argument assumes the use conception of meaning. This brings out an interesting consequence since mostly the philosophers who endorse the use conception of meaning, e.g. Paul Horwich, hold that deflationism is inconsistent with the strategy of implementing non-factualism in terms of a denial of truth-aptness and thereby urge a reformulation of non-factualism.

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)

I characterize the deductivist ideal of justification and, following to a great extent Toulmin’s work The Uses of Argument, I try to explain why this ideal is erroneous. Then I offer an alternative model of justification capable of making our claims to knowledge about substantial matters sound and reasonable. This model of justification will be based on a conception of justification as the result of good argumentation, and on a model of argumentation which is a pragmatic linguistic reconstruction of Toulmin’s (...) model of argument. (shrink)

This paper examines the argumentation in the case Janowiec and Others vs. Russia, heard before the European Court of Human Rights in Strasbourg, primarily based on the hearings with additional references to the two judgments issued. The proffered analysis focuses on the types and forms of argumentation used in the counsels’ oral arguments, as well as their rhetorical strategies and tactics, as based on Douglas Walton’s argumentation schemes and Stephen Toulmin’s model of argumentation. The starting point of the analyzed dispute (...) is the verbal classification of the subject of the dispute, which reflects the different historical perspectives in the narratives about the Katyń crime, as related by the litigating parties and the court. The political and media context of this dispute in the Polish, Russian, and international public space is also considered. (shrink)

The aim of this article is to show how modifications of meaning can influence argumentation. I present the basic concept of so-called ‘semantic argumentation,’ its definition, and its different variants. I analyse the various kinds of argument in which meanings of terms are modified in support of a persuasive goal. The analysis of different semantic arguments reveals certain structures and patterns that are needed to construct a typology of such arguments. I thus outline a basic concept of argumentation based on (...) modifications of meaning, before presenting various examples of such arguments together with an analysis of their structures, and then, finally, constructing a typology for them. (shrink)