This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.

As Louisiana and Cuba emerged from slavery in the late nineteenth century, each faced the question of what rights former slaves could claim. Degrees of Freedom compares and contrasts these two societies in which slavery was destroyed by war, and citizenship was redefined through social and political upheaval. Both Louisiana and Cuba were rich in sugar plantations that depended on an enslaved labor force. After abolition, on both sides of the Gulf of Mexico, ordinary people-cane cutters and cigar workers, laundresses (...) and labor organizers-forged alliances to protect and expand the freedoms they had won. But by the beginning of the twentieth century, Louisiana and Cuba diverged sharply in the meanings attributed to race and color in public life, and in the boundaries placed on citizenship. Louisiana had taken the path of disenfranchisement and state-mandated racial segregation; Cuba had enacted universal manhood suffrage and had seen the emergence of a transracial conception of the nation. What might explain these differences? Moving through the cane fields, small farms, and cities of Louisiana and Cuba, Rebecca Scott skillfully observes the people, places, legislation, and leadership that shaped how these societies adjusted to the abolition of slavery. The two distinctive worlds also come together, as Cuban exiles take refuge in New Orleans in the 1880s, and black soldiers from Louisiana garrison small towns in eastern Cuba during the 1899 U.S. military occupation. Crafting her narrative from the words and deeds of the actors themselves, Scott brings to life the historical drama of race and citizenship in postemancipation societies. (shrink)

The present work is a fair record of work I've done on the fallacies and related matters in the fifteen years since 1986. The book may be seen as a sequel to Fallacies: Selected papers 1972-1982, which I wrote with Douglas Walton, and which appeared in 1989 with Foris. This time I am on my own. Douglas Walton has, long since, found his own voice, as the saying has it; and so have I. Both of us greatly value the time (...) we spent performing duets, but we also recognize the attractions of solo work. If I had to characterize the difference that has manifested itself in our later work, I would venture that Walton has strayed more, and I less, from what has come to be called the Woods-Walton Approach to the study of fallacies. Perhaps, on reflection "stray" is not the word for it, inasmuch as Walton's deviation from and my fidelity to the WWA are serious matters of methodological principle. The WWA was always conceived of as a way of handling the analysis of various kinds of fallacious argument or reasoning. It was a response to a particular challenge [Hamblin, 1970]. The challenge was that since logicians had allowed the investigation of fallacious reasoning to fall into disgraceful disarray, it was up to them to put things right. Accordingly, the WWA sought these repairs amidst the rich pluralisms of logic in the 1970s and beyond. (shrink)

Normal0falsefalsefalseMicrosoftInternetExplorer4 The thesis of this book is that argument is not a kind of logic but a kind of communication—conversation based on disagreement. Claims about the epistemic and political effects of argument get their authority not from logic but from their “fit with the facts” about how communication works. A Theory of Communication thus offers a picture of communication—distilled from elements of symbolic interactionism, personal construct theory, constructivism, and Barbara O’Keefe’s provocative thinking about logics of message design. The picture of (...) argument that emerges from this tapestry is startling, for it forces revisions in thinking about knowledge, rationality, freedom, fallacies, and the structure and content of the argumentation discipline. The burden of this book is to establish a theoretical context for, and to elaborate the implications of, the claim that argument is a form of interaction in which two or more people maintain what they construe to be incompatible positions. (shrink)

Scare Tactics, the first book on the subject, provides a theory of the structure of reasoning used in fear and threat appeal argumentation. Such arguments come under the heading of the argumentum ad baculum, the `argument to the stick/club', traditionally treated as a fallacy in the logic textbooks. The new dialectical theory is based on case studies of many interesting examples of the use of these arguments in advertising, public relations, politics, international negotiations, and everyday argumentation on all kinds of (...) subjects. Many of these arguments are amusing, once you see the clever tactic used; others are scary. Some of the arguments appear to be quite reasonable, while others are highly suspicious, or even outrageously fraudulent. In addition to the examples taken from logic textbooks, other cases treated come from a variety of sources, including political debates, legal arguments, and arguments from media sources, like magazine articles and television ads. The purpose of this book is to explain how such arguments work as devices of persuasion, and to develop a method for analyzing and evaluating their reasonable and fallacious uses in particular cases. The book shows how such arguments share a common structure, revealing several distinctive forms of argument nested within each other. Based on its account of this cognitive structure, the new dialectical theory presents methods for identifying, analyzing, and evaluating these arguments, as they are used in specific cases. The book is a scholarly contribution to argumentation theory. It is written in an accessible style, and uses many colorful and provocative examples of fear and threat appeal arguments that are suitable for classroom discussions. The matters treated will be of interest to professionals and students in law, critical thinking, advertising, speech communication, informal logic, cognitive science, rhetoric, and media studies. (shrink)

In Fallacies and Judgments of Reasonableness, Frans H. van Eemeren, Bart Garssen and Bert Meuffels report on their systematic empirical research of the conventional validity of the pragma-dialectical discussion rules. The experimental studies they carried out during more than ten years start from the pragma-dialectical theory of argumentation developed at the University of Amsterdam, their home university. In these studies they test methodically the intersubjective acceptability of the rules for critical discussion proposed in this theory by confronting ordinary arguers who (...) have not received any special education in argumentation and fallacies with discussion fragments containing both fallacious and non-fallacious argumentative moves. The research covers a wide range of informal fallacies. In this way, the authors create a basis for comparing the theoretical reasonableness conception of pragma-dialectics with the norms for judging argumentative moves prevailing in argumentative practice. Fallacies and Judgments of Reasonableness provides a unique insight into the relationship between theoretical and practical conceptions of reasonableness, supported by extensive empirical material gained by means of sophisticated experimental research. (shrink)

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...) prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

This volume contains 12 papers addressed to researchers and advanced students in informal logic and related fields, such as argumentation, formal logic, and communications. Among the issues discussed are attempts to rethink the nature of argument and of inference, the role of dialectical context, and the standards for evaluating inferences, and to shed light on the interfaces between informal logic and argumentation theory, rhetoric, formal logic and cognitive psychology.

This article reacts against the undesirable ideological separation between dialectical and rhetorical approaches to argumentative discourse. It argues that a sound evaluation of argumentation requires an analysis that reveals all aspects of the discourse pertinent to critical testing. To explain the rationale of the various moves made in the discourse and the strategic patterns behind them, not only the interlocutors' dialectical goals must be taken into account, but also their rhetorical goals. After explaining how rhetorical insight can be instrumental in (...) deepening and justifying a dialectical analysis, an integrated analysis is made of the rhetorical strategies that are brought to bear in an advertorial published by the oil company Shell. (shrink)

An introduction to informal logic, critical thinking and rhetoric utilizing actual public discourse .

We are pleased to publish this WSIA edition of Trudy’s Govier’s seminal volume, Problems in Argument Analysis and Evaluation. Originally published in 1987 by Foris Publications, this was a pioneering work that played a major role in establishing argumentation theory as a discipline. Today, it is as relevant to the field as when it first appeared, with discussions of questions and issues that remain central to the study of argument. It has defined the main approaches to many of those issues (...) and guided the ways in which we might respond to them. From this foundation, it sets the stage for further investigations and emerging research. This is a second edition of the book that is corrected and updated by the author, with new prefaces to each chapter. (shrink)