This paper aims to perform a multi-level analysis of the Irish public discourse on Covid-19. Despite widespread agreement that Ireland’s response was rapid and effective, the country’s journey through the pandemic has been no easy ride. In order to contain the virus, the Government’s emergency legislation imposed draconian measures including the detention and isolation of people deemed to be even “a potential source of infection” and a significant extension of An Garda Síochána’s power of arrest. In April 2020, journalists John (...) Waters and Gemma O’Doherty initiated judicial review proceedings before the High Court to challenge such legislation, which they defined as unconstitutional, “disproportionate” and based on “fraudulent science”. The proceedings attracted widespread media coverage in what soon became a debate on the legitimacy of emergency legislation and the notion of ‘fake news’ itself. After a brief survey of the legislative background to Ireland’s Covid response, the argumentative strategy is analysed through which the High Court eventually dismissed Mr Waters and Ms O’Doherty’s challenge. Focusing on the process of justification of the judicial decision, the paper provides a descriptive account of the argument structure of the Court’s decision. This sheds light on the pattern of multiple argumentation through which the Court interpreted relevant norms in the Constitution and at once re-established the primacy of “facts” informing political decision-making at a time of national emergency. (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)

With the advent of the semantic web, the problem of ambiguity is becoming more and more urging. Semantic analysis is necessary for explaining and resolving some sorts of ambiguity by inquiring into the relation between possibilities of predication and definition of a concept in order to solve problems such as interpretation and ambiguity. If computing is now approaching such problems of linguistic analysis, what is worth inquiring into is how the development of linguistic studies can be useful for developing the (...) theoretical background of ontologies. Our proposal is to develop a theory of definition alternative to the traditional metaphysical approach and the modern relativistic account. We interpret the ancient notion of essential definition in a dialectical perspective, and show how the dialectical definition by genus and difference corresponds to the semantic analysis of the definiendum. The dialectical definition is shown to be grounded on the deepest endoxa (shared knowledge) of a community, and to be the argumentatively strongest definition. After presenting the most common types of definition used in argumentation, the linguistic and logical characteristics of the notion of definition by genus and difference are set out in a pragmatic framework. (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)

According to van Eemeren, argumentation theory is a hybrid discipline, because it requires a multidisciplinary, if not interdisciplinary approach, combining descriptive and normative insights. He points out that modern argumentation theorists give substance to the discipline by relying either on a dialectical perspective, concentrating on the reasonableness of argumentation, or on a rhetorical perspective, concentrating on its effectiveness. Both the dialectical and the rhetorical perspective are interpreted in ways related to how they were viewed by Aristotle, but in modern argumentation (...) theory the relationship between the two, captured in Aristotle’s term antistrophos, is lost. According to van Eemeren, this relationship, which he considers crucial to a full-fledged argumentation theory, has been recovered in extended pragma-dialectics with the help of the theoretical notion of ‘strategic manoeuvring.’. (shrink)

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)

Although political argumentation is not institutionalized in a formal sense, it does have recurrent patterns and characteristics. Its constraints include the absence of time limits, the lack of a clear terminus, heterogeneous audiences, and the assumption that access is open to all. These constraints make creative strategic maneuvering both possible and necessary. Among the common types of strategic maneuvering are changing the subject, modifying the relevant audience, appealing to liberal and conservative presumptions, reframing the argument, using condensation symbols, employing the (...) locus of the irreparable, and argumentative use of figures and tropes. It is difficult to evaluate strategic maneuvering in political argumentation, however, because the activity types dictate wide latitude for the arguers, so there are few cases of unquestionable derailment. (shrink)

In this paper, the political pamphlet “Der Hessische Landbote” by the eminent German author, Georg Büchner (1813–1837), will be positioned within the context of its political and historical background, analyzed as to its argumentative and stylistic structure, and critically evaluated. It will be argued that propaganda texts such as this should be evaluated by taking into account both rhetorical perspectives and standards of rational discussion. As far as argumentative structure is concerned, a modified version of the Toulmin scheme will be (...) used for the description of three passages of the “Landbote”. As far as stylistic techniques are concerned, Büchner’s strategic use of some figures of speech, especially parallelism, metaphor and metonymy will be examined. As to the critical evaluation, the recently developed concept of “strategic maneuvering” within Pragma-Dialectics, the typology of argumentative dialogues established by D. Walton, and sets of critical questions will be used to assess the status of the arguments within the “Landbote” as potentially fallacious ones. (shrink)

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)

Legal definitions will be examined from three perspectives: their pragmatic function, their propositional structure, and their argumentative role. In law, definitions can be used for different pragmatic purposes: they can be uttered to describe a concept, or to establish a new meaning for a term. The propositional content of definitional speech acts can be different. In law, like in ordinary conversation, there might be different types of definition: we can define by providing examples, or showing the fundamental characteristics of the (...) concept defined, or listing the constituent parts of the denotatum. All these definitions play different argumentative roles in legal discourse. At a third level, definitions can be thought of as premises in complex patterns of reasoning (for the subject of reasoning from definition in law, see Aarnio 1977; Moore 1980; Lindahl, 2004). They constitute the fundamental element of argument from classification, namely a pattern of inference in which a new property (or a name) is attributed to an entity on the basis of other properties. (shrink)

By presenting a case study based on the argumentative analysis of news in the press, this article introduces and discusses strategic manoeuvring with contextual frames. Drawing on the linguistic notion of frame, I introduce the concept of contextual frame to refer to the news context, that is, the background against which a certain event is presented as a piece of news. I argue that newspapers and journalists make use of contextual frames in the apparently neutral genre of news reporting to (...) propose specific interpretations of the facts at issue, which become the basis for explicit comments and editorials. To show how this works, I investigate in detail a case of newspaper coverage of a complex episode using the pragma-dialectical notion of strategic manoeuvring and the Argumentum Model of Topics to analyse argument schemes. I show that, in the use of contextual frames, there is a prominent relation between presentational devices and topical potential; contextual frames provide the implicit material premises which are at the basis of argumentations through which newspapers interpret and comment on the news. (shrink)

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

This paper will examine chronically derailed church-state separation arguments in order to explore the extent to which rhetorical and dialectical approaches can be reconciled. I will consider broader conceptions of rhetoric than those employed to date in studies of strategic manoeuvring. While rhetorical appeals, such as claims of persecution, can terminally polarize church-state arguments, they may also serve as means for recovering from dialectical derailment.

According to van Eemeren, argumentation theory is a hybrid discipline, because it requires a multidisciplinary, if not interdisciplinary approach, combining descriptive and normative insights. He points out that modern argumentation theorists give substance to the discipline by relying either on a dialectical perspective, concentrating on the reasonableness of argumentation, or on a rhetorical perspective, concentrating on its effectiveness. Both the dialectical and the rhetorical perspective are interpreted in ways related to how they were viewed by Aristotle, but in modern argumentation (...) theory the relationship between the two, captured in Aristotle’s term antistrophos, is lost. According to van Eemeren, this relationship, which he considers crucial to a full-fledged argumentation theory, has been recovered in extended pragma-dialectics with the help of the theoretical notion of ‘strategic manoeuvring.’. (shrink)

This book contains 20 essays tracing the work of David Zarefsky, a leading North American scholar of argumentation from a rhetorical perspective. The essays cohere around 4 general themes: objectives for studying argumentation rhetorically, approaches to rhetorical study of argumentation, patterns and schemes of rhetorical argumentation, and case studies illustrating the potential of studying argumentation rhetorically. These articles are drawn from across Zarefsky’s 45-year career. Many of these articles originally appeared in publications that are difficult to access today, and this (...) collection brings the reader up to date on the topic. Zarefsky’s scholarship focuses on the role of language in political argumentation, the ways in which argumentation creates public knowledge and belief, the influence of framing and context on what is said and understood, the deployment of particular patterns and schemes of argumentation in public reasoning, and the influence of debate on politics and governance. All these topics are addressed in this book. Each of the conceptual essays includes brief application to specific cases, and five extended case studies are also presented in this volume. The case studies cover different themes: two explore famous political debates, the third focuses on presidential rhetoric across the course of United States history, the fourth on the arguments for liberalism at a time of political polarization, and the fifth on the contemporary effort to engage the United States with the Muslim world. This book is of interest to scholars in the fields of philosophy, logic, law, philosophy of law, and legal history. The range of topics and concepts addressed, the interplay of concepts and cases and the unifying perspective of rhetorical argumentation make this book a valuable read for students of argumentative practice, whether rhetorically or otherwise. (shrink)

In a critical discussion, interlocutors can strategically maneuver by shading their expressed degree of standpoint commitment for rhetorical effect. When is such strategic shading reasonable, and when does it cross the line and risk fallacious derailment of the discussion? Analysis of President George W. Bush’s 2002–2003 prewar commentary on Iraq provides an occasion to explore this question and revisit Douglas Ehninger’s distinction between argumentation as coercive correction and argumentation as a person-risking enterprise. Points of overlap between Ehninger’s account and pragma-dialectical (...) argumentation theory suggest avenues for harmonization of rhetorical and dialectical perspectives on argumentation. Out of this conceptual convergence comes theoretical resources for understanding strategic maneuvering, by accounting for ways that discussants exploit gaps between their externalized and actual discussion attitude. As such higher-order strategic maneuvering played a major role in the 2003 Iraq prewar discourse failure, perspicacious understanding of this particular argumentative maneuver carries practical, as well as theoretical import. (shrink)

The extended pragma-dialectical argumentation theory assumes that people engaged in argumentative discourse manoeuvre strategically. In argumentative reality, the strategic manoeuvring is often carried out according to an argumentative strategy. Language users make an effort to present their strategic manoeuvres in a specific way and the analysis of the stylistic choices in actual argumentative discourse is the most important basis for identification and analysis of argumentative strategies. In this article, it is shown what requirements must be satisfied by a systematic stylistic (...) analysis of argumentative discourse, and the results of such an analysis are illustrated by means of a case study. (shrink)

At a recent rally, Donald Trump resumed a habit he had developed during his election-rallies and read out the lyrics to a song. It tells the Aesopian fable of The Farmer and the Snake: A half frozen snake is taken in by a kind-hearted person but bites them the moment it is revived. Trump tells the fable to make a point about Islamic immigrants and undocumented immigrants from Southern and Central America: He claims the immigrants will cause problems and much (...) stricter immigration-policies are needed. I assume that Trump treats the fable as an argumentative device for supporting his stance on immigration. He uses it as a source-analogue both for the conclusion that immigrants will cause problems and for changing the frame in which immigrants and those willing to let them enter are seen. This gives me opportunity to examine the effect fables have as argumentative devices. Fables are a popular and effective choice for political argumentation. They are slimmed down, semi-abstract narratives, well suited for directing the audience's attention to a few properties of an otherwise complex situation. However, this also makes it easy to use them for manipulating an audience into oversimplifying complex contexts and stereotyping human beings. (shrink)

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)

This paper discusses idiomatic expressions like ‘that says it all’, ‘that says a lot’ etc. when used in presenting an argument. These expressions are instantiations of the grammatical pattern that says Q, in which Q is an indefinite quantifying expression. By making use of the pragma-dialectical theory of argumentation and the linguistic theory of construction grammar it is argued that instantiations of that says Q expressing positive polarity can fulfil the role of an argumentation’s linking premise. Furthermore, an analysis of (...) these expressions as presentational devices shows that an arguer can use them for strategic reasons, i.e. to leave the exact formulation of the standpoint implicit and to present the argument as self-evident. Using these devices derails into fallaciousness when the context offers insufficient clues to reconstruct the standpoint or when the argument does not offer the kind of support that would be required by the specific instantiation of Q. The argumentative function of instantiations of that says Q expressing negative polarity is that an antagonist can use them to attack the justificatory power of the protagonist’s argument. (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)