When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

In the tradition stemming from Aristotle through Aquinas, rational decision making is seen as a complex structure of distinct phases in which reasoning and will are interconnected. Intention, deliberation, and decision are regarded as the fundamental steps of the decision-making process, in which an end is chosen, the means are specified, and a decision to act is made. Based on this Aristotelian theoretical background, we show how the decision-making process can be modeled as a net of several patterns of reasoning, (...) involving the classification of an action or state of affairs, its evaluation, the deliberation about the means to carry it out, and the decision. It is shown how argumentation theory can contribute to our understanding of the mechanisms involved by formalizing the steps of reasoning using argumentation schemes, and setting out the value-based criteria underlying the evaluation of an action. Representing each phase of the decision-making process as a separate scheme allows one to identify implicit premises and bring the roots of ethical dilemma to light along with the means to resolve them. In particular, we will show the role of framing and classification in triggering value-based reasoning, and how argumentation theory can be used to represent and uproot the grounds of possible manipulations. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...) this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (shrink)

This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two (...) real examples, we show how applying the three types of schemes to a cluster of practical argumentation allows an argument analyst to reconstruct the tacit premises presupposed and evaluate the argumentative reasoning steps involved. This approach will be shown to overcome the limitations of the existing models of practical reasoning arguments within the BDI and commitment theoretical frameworks, providing a useful tool for discourse analysis and other disciplines. In particular, applying this method brings to light the crucial role of classification in practical argumentation, showing how the ordering of values and preferences is only one of the possible areas of deep disagreement. (shrink)

In the last quarter-century, the emergence of argumentation theory has spurred the development of an extensive literature on the study of argument. It encompasses empirical and theoretical investigations that often have their roots in the different traditions that have studied argument since ancient times – most notably, logic, rhetoric, and dialectics. Against this background, I advocate a “thick” theory of argument that merges traditional theories, weaving together their sometimes discordant approaches to provide an overarching framework for the assessment of arguments (...) in a broad range of contexts. In sketching such a theory, I propose six steps that can “thicken” traditional approaches to argument in the interests of a comprehensive theory. (shrink)

Arguments from analogy are pervasive in everyday reasoning, mathematics, philosophy, and science. Informal logic studies everyday argumentation in ordinary language. A branch of fuzzy logic, approximate reasoning, seeks to model facets of everyday reasoning with vague concepts in ill-defined situations. Ways of combining the results from these fields will be suggested by introducing a new argumentation scheme—a fuzzy analogical argument from classification—with the associated critical questions. This will be motivated by a case study of analogical reasoning in the virtual friendship (...) debate within information ethics. The virtual friendship debate is a disagreement over whether virtual friendships are genuine friendships. It will be argued that the debate could move away from its current impasse, caused by unproductive metaphysical and logical assumptions, if extant arguments are reinterpreted as fuzzy analogical arguments from classification, and subjected to a new set of critical questions which would replace the quest for facts of essence about friendship with an emphasis on empirical data, persuasion, and definitional power. (shrink)

The literature on argumentation and education often conveys that children’s argumentation skills are not well developed; therefore, it would be difficult to find argumentation in small children, as well as in primary school classrooms. However, studies focusing on argumentation in less formal contexts show that there is no need to depart from such a negative stance. If children are given room to pursue their lines of thought, they often produce sophisticated spontaneous argumentation. In this paper I consider arguments from definition (...) introduced by children as a case in point. To do so, I use a corpus of data, in which small children under the age of six years, discuss with an adult and with peers. Results show two uses of arguments from definition by children: on the one hand, children may introduce a new issue and their standpoint supported by an argument from definition; on the other hand, children may contest or refute an issue that was proposed by an adult and put forward an argument from definition. (shrink)