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)

The aim of the article is to develop precise epistemic rules for good public political arguments, by which political measures in the broad sense are justified. By means of a theory of deliberative democracy, it is substantiated that the justification of a political measure consists in showing argumentatively that this measure most promotes the common good or is morally optimal. It is then discussed which argumentation-theoretical approaches are suitable for providing epistemically sound rules for arguments for such theses and for (...) the associated premises, rules whose compliance implies the truth or acceptability of the thesis. Finally, on the basis of the most suitable approach, namely the epistemological one, such systems of rules for the required types of arguments are presented that fulfil the conditions mentioned. (shrink)

Despite increasing interest in studying arguments from deontic authority of the general form “(1) $$\delta$$ δ is a deontic authority in institution $$\varOmega$$ Ω ; (2) according to $$\delta$$ δ, I should do $$\alpha$$ α, C: therefore, (3) I should do $$\alpha$$ α ”, the state of the art models are not capable of grasping their complexity. The existing sets of critical questions assigned to this argumentation scheme seem to conflate two problems: whether a person is subject to an authority (...) of an institution in the first place and whether the command issued within the context of a particular institution is eventually binding. For this reason, we introduce (1) a set of Basic Critical Questions to scrutinize the former issue, and (2) a set of more detailed questions related to specific features, also referred to as “parameters”, of institutional environments (Intra-Institutional Critical Questions). We identify major elements of institutional environments in which authoritative utterances are made and the crucial parameters of arguments from deontic authority. The selected evidence from the decisions of the Polish Supreme Administrative Court helps us show how these parameters may be used to reconstruct subtypes of this argument scheme, with their associated sets of critical questions. In specific institutional contexts, such detailed schemes are capable of grasping the complexity of appeals to deontic authority and thus should be used rather than general schemes. The reconstruction of argumentation schemes with critical questions shows how particular arguments may successfully be attacked. (shrink)