This paper takes part in the ongoing debate on how emotions can be dealt with by argumentation theory. Its main goal is to formulate a relationship between emotion and argumentation which differs from that usually found in most of the literature on the subject. In the “standard” conception, emotions are seen as the objects of appeals which function as adjuvants to argumentation: speakers appeal to pity, fear, shame and the like in order to enhance the cogency of an argument which (...) bears on something else—whether it be the validity of a disputable opinion or the opportunity of a course of action. According to the “alternative” conception which I propose to consider, emotions themselves may be viewed, in some cases, as the very objects of argumentation. This conception lays emphasis on the arguability of emotions. Drawing on insights from current psychological and philosophical theories, it involves a reassessment of the Aristotelian concept of pathos, as well as an in-depth critical discussion of normative and descriptive approaches to emotional appeals. (shrink)

Within the second book of his Rhetoric, intent upon the art of persuasion, Aristotle sets forth the earliest known methodical explication of human emotions. This placement seems rather peculiar, given the importance of emotional dispositions in both Aristotle’s theory of moral virtues and in his moral psychology. One would expect to find a full account of the emotions in his extensive treatment of virtues as it appears in his ethical treatises, or as part of his psychological system in De Anima. (...) In none of these places, however, does a systematic treatment of this part of Aristotle’s psychology emerge as it does in the Rhetoric. Such is a surprising, seemingly unusual phenomenon in consideration of Aristotle’s extreme care for and obsession with organization and categorization. Earnest analysis, however, reveals the intricate ingeniousness of Aristotle’s innovative project. Emotion, based upon the interplay between what Aristotle deems to be the ‘uniquely human’ rational and irrational parts of the human soul, involves Being and Being’s cognition of itself, and its dialectical encounter with the faculty of pure reason. Within this encounter is born human emotion. According to this formula, emotion is a phenomenon that is linked to concrete human existence while at the same time being fundamentally involved with cognition. Emotion bridges the gap between the this-worldliness of the human and his keen logic as a rational being. Such an understanding allows Aristotle to assert that emotional appeal, which often stands at the core of rhetoric, is not necessarily a way of tricking people or avoiding critical response, but can be used to persuade by bringing facts to people’s awareness. Through his novel rhetoric of emotion, Aristotle not only sheds light on the human condition, he brings rhetoric itself into the realm of the rational and the valid as a suitable means of human discourse. (shrink)

My purpose is to analyze lawyers creating meaning in three well-known cases in Anglo-American legal history: Commonwealth v. Woodward (1997) the famous Boston ‘nanny’ case, the O.J. Simpson Murder Trial (1995), and the John Peter Zenger Libel Case in Colonial New York (1734). In each case, creative lawyers were able to shift the question before the jury from the formal legal question—did Woodward and Simpson commit murder? Did Zenger publish libelous material?—to issues of vengeance and catharsis, and of the ability (...) of the legal system to represent the community’s sense of justice. (shrink)

Modern converged mass media, particularly television and the World Wide Web, may be fostering a new orality in opposition to traditional alphabetical literacy. Scholars of orality and literacy maintain that oral cultures feature reduced levels of critical assessment of media messages. An analysis of Aristotle's description of ethos, as presented in that philosopher's Rhetoric, suggests that an oral culture can foster media that deliver selective truths, or even lies, thus ranking poorly in hierarchical ethical schemata such as those developed by (...) Kohlberg, Gilligan, and Baker. (shrink)

Scholars of the emotions maintain that all anger requires an object of blame. In order to be angry, many writers argue, one must believe than an actor has done serious damage to something that one values. Yet an individual may be angered without blaming another. This kind of emotion, called situational anger, does not entail a corresponding object of blame. Situational anger can be a useful force in public life, enabling citizens to draw attention to the seriousness of social or (...) political problems, without necessarily vilifying political officials. (shrink)

This paper offers an account of the Hellnistic doctrine of krinomenon, elaborating on the idea of rhetoric’s restoration as a major tool of contemporary research and philosophical study. As opposed to theories of argumentation that identify judgment with its propositional version and establish legitimization on speaker-audience identity, failing to acknowledge difference and controversy, the doctrine of krinomenon focuses on the question posed, connecting rhetoric to judgment. The crucial difference from classical rhetoric lies in the concept of zētēma: In the doctrine (...) of krinomenon, participants in a common inquiry are reasonable, while logos refers to judgment itself – not the audience. Whereas a proposition dismisses its own problematization, controversy, i.e. non-identity that gives meaning to utterances, is inscribed in krinomenon, which is the product of dialectic between contradictory utterances. Beyond the two opposite logics of dogmatism and relativism, difference in the doctrine of krinomenon is judgment’s very condition. (shrink)

: This paper offers a new interpretation of the first chapter of Aristotle’s Rhetoric and of Aristotle’s understanding of rhetoric throughout the treatise. I defend the view that, for Aristotle, rhetoric was a skill in offering the listener ‘proofs’, that is, proper grounds for conviction. His arguments in the opening chapters of the treatise state and defend this controversial, epistemically normative view against the rival views of Gorgias, Thrasymachus and the rhetorical handbook writers, on the one hand, and against those (...) of Plato, on the other. Aristotle defends his view on the basis that rhetoric is a skill in discharging an important role in the state – the role of helping citizens to good publicly-deliberated judgements. (shrink)

Stasis is a process of classical rhetoric that identifies the core issue in a trial or a similar debate. Hermagoras of Temnos included the first comprehensive analysis of stasis in his second-century BCE treatise on rhetoric, now lost. Modern scholars tend to echo George Kennedy, who maintains that Hermagoras’ inspiration for the hierarchical structure of stasis is indeterminate. This article, however, employs scholarship in legal semiotics, including the work of Miklós Könczöl and Bernard S. Jackson, to argue that Hermagoras based (...) stasiastic structure on Aristotle’s first-figure syllogism. Ideally, knowledge of that structure can enhance modern applications of stasis. (shrink)

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 (...) theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. The volume starts with three essays that provide stimulating theoretical perspectives on argumentation. Subsequently, some views are explained on the intriguing topics of ‘dissensus’ and ‘deep disagreement’. After a discussion of three different approaches to the treatment of types of argumentation some classical themes from antique argumentation theory are revisited. The new research area of visual argumentation is explored in the next part. The volume concludes with three reports of experimental studies concerning argumentative discourse. (shrink)