This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or (...) equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law. (shrink)

Some forms of argumentation are best performed through words. However, there are also some forms of argumentation that may be best presented visually. Thus, this paper examines the virtues of visual argumentation. What makes visual argumentation distinct from verbal argumentation? What aspects of visual argumentation may be considered especially beneficial?

In English discourse one can find cases of the expression ‘not for nothing’ being used in argumentation. The expression can occur both in the argument and in the standpoint. In this chapter we analyse the argumentative and rhetorical aspects of ‘not for nothing’ by regarding this expression as a presentational device for strategic manoeuvring. We investigate under which conditions the proposition containing the expression ‘not for nothing’ functions as a standpoint, an argument or neither of these elements. It is also (...) examined which type of standpoint and which types of argument scheme the expression typically co-occurs with. In doing so we aim to develop a better understanding of the role and effects of ‘not for nothing’ when used in argumentation. Finally, we show that the strategic potential of ‘not for nothing’ lies in its suggestion that sufficient support has been provided while this support has in fact been left implicit. (shrink)

Fugue and chaos are used in their contemporary meaning. Elements of the fugue, albeit a ‎small number of universals, will be demonstrated in the area of visual and verbal colors. ‎Chaos dominates the internet, fashion, and everyday life. The visual and verbal colors are ‎differentiated and their communicative potential is indicated alongside the diachronic changes. The prototypes of colors are the interface between visual and verbal colors.‎.