Thomas S. Kuhn's classic book is now available with a new index.

There was a long tradition in philosophy according to which good reasoning had to be deductively valid. However, that tradition began to be questioned in the 1960’s, and is now thoroughly discredited. What caused its downfall was the recognition that many familiar kinds of reasoning are not deductively valid, but clearly confer justification on their conclusions. Here are some simple examples.

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)

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)

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)

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)

This paper focuses on argumentation in a specific institutional context: debate in the European Parliament. A parliamentary debate is a distinct argumentative activity type. In the pragma-dialectical approach, argumentative activity types are defined as conventionalized argumentative practices in which the possibilities for strategic manoeuvring are predetermined. What are the characteristics of the activity type of a debate in European Parliament that predetermine the possibilities for strategic manoeuvring? What kind of constraints and opportunities for strategic manoeuvring can be distinguished?

This book provides a practical and accessible way of evaluating good and bad arguments used in everyday conversations by applying normative models of dialectical (interactive) argumentation, where two parties reason together in an orderly and cooperative way. Using case studies, the author analyzes correct and incorrect uses of argumentation on controversial issues that engage the reader's interest while illustrating points in a practical way. Walton gives clear explanations of the most common errors and tricky deceptions -- traditionally called "fallacies" -- (...) that can trip up an unwary arguer. (shrink)

Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation.

"As a distinctive philosophy, religious humanism emphasizes man's place in an unfathomed universe, reason as an instrument for discovering the truth, free inquiry as a condition for discerning meaning and purpose, and happiness as a fundamental value. "Man's uniqueness emerges partly from homo sapiens' capacity to employ symbols effectively. For this reason, Willard's provocative book is not a celebration of controversy but a sophisticated study exploring the grounds of man's knowledge. Drawing upon phenomenologists such as Alfred Schultz, psychologists such as (...) George Kelley, and argumentation philosophers such as Stephen Toulmin, Willard makes a genuine contribution to intellectual inquiry by extending essential consideration about human knowledge. The [author] demonstrates how 'secular sources' provide a fundamental resource in developing religious understanding from argumentative interactions. "Highly insightful and intellectually refreshing... _Argumentation and the Social Grounds of Knowledge_ provides thought-provoking reading for humanists concerned with rational inquiry, communication theory, religious philosophy, and liberal education." _--Religious Humanism_. (shrink)

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

The author gives an analysis of the strategic manoeuvring in the justification of legal decisions from a pragma-dialectical perspective by showing how a judge tries to reconcile dialectical and rhetorical aims. On the basis of an analysis and evaluation of the argumentation given by the US Supreme Court in the famous Holy Trinity case, it is shown how in a case in which the judge wants to make an exception to a legal rule for the concrete case tries to meet (...) the dialectical reasonableness norm by seeing to it that his standpoint is sufficiently defended according to the requirements of the burden of proof of a judge in a rational critical discussion and how he tries at the same time to be rhetorically convincing for the legal audience by presenting the decision as a choice that is in line with the argumentation schemes and starting points that can be considered as accepted by the legal community in the US and by the US community as a whole. (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)

The thesis is defended that rhetoric is not, as is often said, a discipline which is hierarchically subordinate to dialectic. It is argued that the modalities of the links between rhetoric and dialectic must be seen in a somewhat different light: rhetoric and dialectic should be viewed as two complementary disciplines. On the basis of a historical survey of the views of various authors on the links between rhetoric and dialectic, it is concluded that efforts to establish clear boundaries or (...) unequivocal conceptual or moral hierarchical relationships between the two disciplines have failed and that therefore, they must be conceived as being mutually dependent. (shrink)

In the pragma-dialectical approach, fallacies are considered incorrect moves in a discussion for which the goal is successful resolution of a dispute. Ten rules are given for effective conduct at the various stages of such a critical discussion (confrontation, opening, argumentation, concluding). Fallacies are discussed as violations of these rules, taking into account all speech acts which are traditionally recognized as fallacies. Special attention is paid to the role played by implicitness in fallacies in everyday language use. It is stressed (...) that identifying and acknowledging fallacies in ordinary discussions always has a conditional character. Differences between the pragma-dialectical perspective, the Standard Treatment, and the formal logic approach to fallacy analysis are discussed. (shrink)

In this article it is pointed out what kind of rules for communication and argumentation are required in order to make it possible to resolve disputes in an orderly way. In section 2, Gricean maxims and Searlean speech act conditions are integrated in such a way that five general rules for communication can be formulated. In section 3, starting from Lewis's definition of convention, it is argued that the interactional effect of accepting is conventionally linked with the complex communicative act (...) complex of argumentation. In section 4, the rules for argumentation are placed in a dialogical perspective. (shrink)

This paper presents an analysis of the concept of burden of proof in argument. Relationship of burden of proof to three traditional informal fallacies is considered: (i) argumentum ad hominem, (ii) petitio principii, and (iii) argumentum ad ignorantiam. Other topics discussed include persuasive dialoque, pragmatic reasoning, legal burden of proof, plausible reasoning in regulated disputes, rules of dialogue, and the value of reasoned dialogue.