This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (shrink)

Demands for public participation in technical decision-making are currently high on the agenda of Science & Technology Studies. It is assumed that the democratisation of technical decision-making processes generally leads to more socially desirable and acceptable outcomes. While this may be true in certain cases, this assumption cannot be generalised. I will discuss the case of the so-called ‘South African AZT debate’. The controversy started when President Thabo Mbeki, after reading some scientific papers on the toxicity of AZT, decided to (...) bar the use of the drug in the public health sector as a means to reduce the transmission of HIV from mothers to children. While the scientific mainstream accepts the effectiveness of AZT in reducing the risk of vertical HIV transmission, a few maverick scientists reject the clinical evidence and argue that the risks of using AZT by far outweigh its benefits. Based on various textual sources and using the ‘Periodic Table of Expertises’ developed by Collins and Evans, Mbeki’s expertise at the time of his intervention into the technical question whether AZT is a medicine or a poison can be classified as primary source knowledge. It is shown that this type of expertise is insufficient for technical decision-making. Mbeki’s primary source knowledge legitimated his presentation of the claims of maverick scientists as a serious contribution to the debate—with tragic consequences for tens of thousands of babies.Keywords: Primary source knowledge; Expertise; Technical decision-making; South Africa; AZT; AIDS. (shrink)

find myself believing all sorts 0f things for which I d0 not possess evidence: that smoking cigarettes causes lung cancer, that my car keeps stalling because the carburetor needs LO be rebuilt, that mass media threaten democracy, that slums cause emotional disorders, that my irregular heart beat is premature ventricular contraction, that students} grades are not correlated with success in the ncmacadcmic world, that nuclear power plants are not safe (enough) . . . The list 0f things I believe, though (...) I have no evidence for the truth of them, is, if not infinite, virtually endless. And.. (shrink)

Mainstream epistemology is a highly theoretical and abstract enterprise. Traditional epistemologists rarely present their deliberations as critical to the practical problems of life, unless one supposes—as Hume, for example, did not—that skeptical worries should trouble us in our everyday affairs. But some issues in epistemology are both theoretically interesting and practically quite pressing. That holds of the problem to be discussed here: how laypersons should evaluate the testimony of experts and decide which of two or more rival experts is most (...) credible. It is of practical importance because in a complex, highly specialized world people are constantly confronted with situations in which, as comparative novices, they must turn to putative experts for intellectual guidance or assistance. It is of theoretical interest because the appropriate epistemic considerations are far from transparent; and it is not clear how far the problems lead to insurmountable skeptical quandaries. This paper does not argue for flat-out skepticism in this domain; nor, on the other hand, does it purport to resolve all pressures in the direction of skepticism. It is an exploratory paper, which tries to identify problems and examine some possible solutions, not to establish those solutions definitively. (shrink)

A new pragmatic approach, based on the latest developments in argumentation theory, analyzing appeal to expert opinion as a form of argument. Reliance on authority has always been a common recourse in argumentation, perhaps never more so than today in our highly technological society when knowledge has become so specialized—as manifested, for instance, in the frequent appearance of "expert witnesses" in courtrooms. When is an appeal to the opinion of an expert a reasonable type of argument to make, and when (...) does it become a fallacy? This book provides a method for the evaluation of these appeals in everyday argumentation. Specialized domains of knowledge such as science, medicine, law, and government policy have gradually taken over as the basis on which many of our rational decisions are made daily. Consequently, appeal to expert opinion in these areas has become a powerful type of argument. Challenging an argument based on expert scientific opinion, for example, has become as difficult as it once was to question religious authority. Walton stresses that even in cases where expert opinion is divided, the effect of it can still be so powerful that it overwhelms an individual's ability to make a decision based on personal deliberation of what is right or wrong in a given situation. The book identifies the requirements that make an appeal to expert opinion a reasonable or unreasonable argument. Walton's new pragmatic approach analyzes that appeal as a distinctive form of argument, with an accompanying set of appropriate critical questions matching the form. Throughout the book, a historical survey of the key developments in the evolution of the argument from authority, dating from the time of the ancients, is given, and new light is shed on current problems of "junk science" and battles between experts in legal argumentation. (shrink)

Douglas Walton has been right in calling us to attend to the pragmatics of argument. He has, however, also insisted that arguments should be understood and assessed by considering the functions they perform; and from this, I dissent. Argument has no determinable function in the sense Walton needs, and even if it did, that function would not ground norms for argumentative practice. As an alternative to a functional theory of argumentative pragmatics, I propose a design view, which draws attention to (...) the way participants strategically undertake and impose norms on themselves in order for their arguments to have force. (shrink)

This paper provides a typology of appeals to authority, identifying three distinct types: that which is based on a command; that which is based on expertise; and that which is based on dignity. Each type is distinguished with respect to the reaction that a failure to follow it ordinarily evokes. The rhetorical roots of Locke's ad verecundiam are traced to the rhetorical practices of ancient Rome.

In this paper I propose to continue the analysis of the appeal to authority begun at the last OSSA conference. I proceed by examining the well-documented use of the appeal made by the ancient Roman advocate, Cicero. The fact that Cicero expressed his opinion was expectably sufficient to give his auditors--responsible citizens all--reason to do as he desired. But why? The resolution of this puzzle points to a strong sense in which arguments can be called rhetorical , for the rational (...) force of Cicero's authority depends necessarily on what he says. (shrink)

Philosophers of argumentation and of testimony suggest that we can rely on what someone says because of its epistemic merits. If so, then we should never credit Wikipedia, since we cannot assess what its anonymous contributors know. I propose instead that Wikipedia can have pragmatic merits, in that the contributors’ passion for the project, and the emerging communicative design through which that passion is made manifest, provide a reason for trust.

Normative pragmatics can bridge the differences between dialectical and rhetorical theories in a way that saves the central insights of both. Normative pragmatics calls attention to how the manifest strategic design of a message produces interpretive effects and interactional consequences. Argumentative analysis of messages should begin with the manifest persuasive rationale they communicate. But not all persuasive inducements should be treated as arguments. Arguments express with a special pragmatic force propositions where those propositions stand in particular inferential relations to one (...) another. Normative pragmatics provides a framework within which varieties of propositional inference and pragmatic force may be kept straight. Normative pragmatics conceptualizes argumentative effectiveness in a way that integrates notions of rhetorical strategy and rhetorical situation with dialectical norms and procedures for reasonable deliberation. Strategic effectiveness should be seen in terms of maximizing the chances that claims and arguments will be reasonably evaluated, whether or not they are accepted. Procedural rationality should be seen in terms of adjustment to the demands of concrete circumstances. Two types of adjustment are illustrated: rhetorical strategies for framing the conditions for dialectical deliberation and rhetorical strategies for making do with limitations to dialectical deliberation. (shrink)

Recent work in social and cultural studies of science and technology has shown that the ‘epistemic dependence’ of laypeople on experts is not a relation of blind trust, but typically and necessarily involves critical assessment of expert testimonies. Normative epistemologists have suggested a number of criteria, mostly of contextual nature since expert knowledge means restricted cognitive access to some epistemic domain, according to which non-experts can reliably evaluate expert claims; while science studies scholars have concentrated on how laypeople can come (...) to warranted decisions about technical matters on non-technicalgrounds. Instead of addressing the problem transcendentally (how such decisions are possible) or normatively (how such decisions should be reached), this paper contrasts the recommendations available in the literature with the empirical findings of a rough case study concerning the public reaction to the H1N1 vaccine issue. Awareness of how lay people do come to such decisions may inform and refine normative philosophical investigations. (shrink)

In normative pragmatics, a kind of empirical discourse analysis organized by normative theory, the analysis of any communication process begins with an idealized model of the discourse that can be compared with actual practices. Idealizations of argumentation can be found, among other places, in theoretical descriptions of ‘critical discussion’ and other dialogue types. Comparing ideal models with actual practices can pinpoint defects in the models (leading to theoretical refinements), but it can also identify deficiencies in practice. This latter possibility invites (...) redesign around well-justified idealizations. This paper outlines an approach to the design of discourse processes and illustrates the approach with contrastive analysis of several recently developed protocols for discussion and debate on the worldwide web. (shrink)