Results for 'Pragma-dialectics theory of argumentation'

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  1. The Pragma-Dialectics of Dispassionate Discourse: Early Nyāya Argumentation Theory.Malcolm Keating - 2022 - Religions 10 (12).
    Analytic philosophers have, since the pioneering work of B.K. Matilal, emphasized the contributions of Nyāya philosophers to what contemporary philosophy considers epistemology. More recently, scholarly work demonstrates the relevance of their ideas to argumentation theory, an interdisciplinary area of study drawing on epistemology as well as logic, rhetoric, and linguistics. This paper shows how early Nyāya theorizing about argumentation, from Vātsyāyana to Jayanta Bhaṭṭa, can fruitfully be juxtaposed with the pragma-dialectic approach to argumentation pioneered by (...)
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  2. ''You 're Being Unreasonable': Prior and Passing Theories of Critical Discussion.John E. Richardson & Albert Atkin - 2006 - Argumentation 20 (2):149-166.
    A key and continuing concern within the pragma-dialectical theory of argumentation is how to account for effective persuasion disciplined by dialectical rationality. Currently, van Eemeren and Houtlosser offer one response to this concern in the form of strategic manoeuvring. This paper offers a prior/passing theory of communicative interaction as a supplement to the strategic manoeuvring approach. Our use of a prior/passing model investigates how a difference of opinion can be resolved while both dialectic obligations of reasonableness (...)
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  3. Arguing about Muslims : reasonable argumentation in letters to the editor.Atkin Albert & E. Richardson John - 2007 - Text and Talk 1 (27):1-25.
    This article analyses letters to the editor written on or about Muslims printed in a British broadsheet newspaper. The pragma-dialectical theory of argumentation is applied as a model for explaining and understanding the arguments employed in the sampled letters. Our presentation of pragma-dialectical theory focuses on argumentative reasonableness. More specifically, we introduce the four dialectical stages through which any argument must pass and explain the ten rules of critical discussion that participants must follow throughout if (...)
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  4. El lugar de la controversia en la argumentación.María G. Navarro - 2015 - In Fernando Leal Carretero (ed.), Seamos razonables: Estudios en honor a Frans H. van Eemeren. Siglo XXI.
    La oposición a una estricta separación entre las dimensiones dialéctica y retórica de la actividad argumentativa es una de las aportaciones más destacadas y peculiares de la denominada escuela holandesa sobre argumentación. Frans H. van Eemeren y Peter Houtlosser reaccionaron contra una separación estricta entre dialéctica y retórica en varios trabajos, pero uno de los más inspiradores es sin duda su artículo “William the Silent’s argumentative discourse” (1998) presentado en la ciudad de Ámsterdam con ocasión de la cuarta conferencia organizada (...)
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  5. Scientific Disagreements, Fast Science and Higher-Order Evidence.Daniel C. Friedman & Dunja Šešelja - 2023 - Philosophy of Science 90 (4):937-957.
    Scientific disagreements are an important catalyst for scientific progress. But what happens when scientists disagree amidst times of crisis, when we need quick yet reliable policy guidance? In this paper we provide a normative account for how scientists facing disagreement in the context of ‘fast science’ should respond, and how policy makers should evaluate such disagreement. Starting from an argumentative, pragma-dialectic account of scientific controversies, we argue for the importance of ‘higher-order evidence’ (HOE) and we specify desiderata for scientifically (...)
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  6. Dialectical and heuristic arguments: presumptions and burden of proof.Fabrizio Macagno - 2010 - In C. Tindale & C. Reed (eds.), Dialectics, Dialogue and Argumentation: An Examination of Douglas Walton's Theories of Reasoning and Argument. College Publications. pp. 45-57.
    Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight on (...)
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  7. Informal Logic: A 'Canadian' Approach to Argument.Federico Puppo (ed.) - 2019 - Windsor, Canada: Windsor Studies in Argumentation.
    The informal logic movement began as an attempt to develop – and teach – an alternative logic which can account for the real life arguing that surrounds us in our daily lives – in newspapers and the popular media, political and social commentary, advertising, and interpersonal exchange. The movement was rooted in research and discussion in Canada and especially at the University of Windsor, and has become a branch of argumentation theory which intersects with related traditions and approaches (...)
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  8. Secundum Quid and the Pragmatics of Arguments. The Challenges of the Dialectical Tradition.Fabrizio Macagno - 2022 - Argumentation 36 (3):317-343.
    The phrase _secundum quid et simpliciter_ is the Latin expression translating and labelling the sophism described by Aristotle as connected with the use of some particular expression “absolutely or in a certain respect and not in its proper sense.” This paper presents an overview of the analysis of this fallacy in the history of dialectics, reconstructing the different explanations provided in the Aristotelian texts, the Latin and medieval dialectical tradition, and the modern logical approaches. The _secundum quid_ emerges as (...)
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  9. Art as a Form of Negative Dialectics: 'Theory' in Adorno's Aesthetic Theory.William D. Melaney - 1997 - Journal of Speculative Philosophy 11 (1):40 - 52.
    Adorno’s dialectical approach to aesthetics is perhaps understood better in terms of his monumental work, 'Aesthetic Theory,' which attempts to relate the speculative tradition in philosophical aesthetics to the situation of art in twentieth-century society, than in terms of purely theoretical claims. This paper demonstrates that Adorno embraces the Kantian thesis concerning art’s autonomy and that he criticizes transcendental philosophy. It also discusses how Adorno provides the outlines for a dialectical conception of artistic truth in relation to his argument (...)
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  10. Commentary on: Marcin Lewiński’s “‘You’re moving from irrelevant to irrational’—Critical Reactions in Internet Discussion Forums”.Gilbert Plumer - 2009 - In Juho Ritola (ed.), Argument Cultures. Proceedings of the 8th OSSA Conference [CD-ROM]. Ontario Society for the Study of Argumentation. pp. 1-3.
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  11. The development of dialectic and argumentation theory in post-classical Islamic intellectual history.Mehmet Karabela - 2011 - Dissertation, Mcgill University
    This dissertation is an analysis of the development of dialectic and argumentation theory in post-classical Islamic intellectual history. The central concerns of the thesis are; treatises on the theoretical understanding of the concept of dialectic and argumentation theory, and how, in practice, the concept of dialectic, as expressed in the Greek classical tradition, was received and used by five communities in the Islamic intellectual camp. It shows how dialectic as an argumentative discourse diffused into five communities (...)
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  12. Pascal’s wager: tracking an intended reader in the structure of the argument.Iva SVAČINOVÁ - 2016 - Argument: Biannual Philosophical Journal 6 (2):391-412.
    Pascal’s wager is the name of an argument in favor of belief in God presented by Blaise Pascal in §233 of Thoughts. Ian Hacking (1972) pointed out that Pascal’s text involves three different versions of the argument. This paper proceeds from this identification, but it concerns an examination of the rhetorical strategy realized by Pascal’s argumentation. The final form of Pascal’s argument is considered as a product that could be established only through a specific process of persuasion led with (...)
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  13. Logic Diagrams as Argument Maps in Eristic Dialectics.Jens Lemanski - 2023 - Argumentation 37 (1):69-89.
    This paper analyses a hitherto unknown technique of using logic diagrams to create argument maps in eristic dialectics. The method was invented in the 1810s and -20s by Arthur Schopenhauer, who is considered the originator of modern eristic. This technique of Schopenhauer could be interesting for several branches of research in the field of argumentation: Firstly, for the field of argument mapping, since here a hitherto unknown diagrammatic technique is shown in order to visualise possible situations of arguments (...)
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  14. (In defence of) preservationism and the previous awareness condition: What is a theory of remembering, anyway?James Openshaw - 2023 - Philosophical Perspectives 37 (1):290-307.
    I suggest that the theories of remembering one finds in the philosophy of memory literature are best characterised as theories principally operating at three different levels of inquiry. Simulationist views are theories of the psychofunctional process type remembering. Causalist views are theories of referential remembering. Epistemic views are theories of successful remembering. Insofar as there is conflict between these theories, it is a conflict of integration rather than—as widely presented—head‐on disagreement. Viewed in this way, we can see the previous awareness (...)
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  15. The Problem of Unconceived Objections.Moti Mizrahi - 2014 - Argumentation 28 (4):425-436.
    In this paper, I argue that, just as the problem of unconceived alternatives provides a basis for a New Induction on the History of Science to the effect that a realist view of science is unwarranted, the problem of unconceived objections provides a basis for a New Induction on the History of Philosophy to the effect that a realist view of philosophy is unwarranted. I raise this problem not only for skepticism’s sake but also for the sake of making a (...)
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  16. Why the Dialectical Tier is an Epistemic Animal.Scott Aikin - 2018 - In Steve Oswald (ed.), Argumentation and Inference. Proceedings of the 2nd European Conference on Argumentation, Fribourg 2017. College Publications. pp. 11-22.
    Ralph Johnson has proposed a “two tiered” conception of argument, comprising of the illative core and the dialectical tier. This paper's two-part thesis is that (i) the dialectical tier is best understood as an epistemic requirement for argument, and (ii) once understood epistemically, the dialectical tier requirement can be defended against the leading objections.
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  17. Dialectical Relevance and Dialogical Context in Walton’s Pragmatic Theory.Fabrizio Macagno - 2008 - Informal Logic 28 (2):102-128.
    The notions of types of dialogue and dialectical relevance are central themes in Walton’s work and the grounds for a dialectical approach to many fallacies. After outlining the dialogue models constituting the background of Walton’s account, this article presents the concepts of dialectical relevance and dialogue shifts in their application to biased argumentation, fallacious moves, and illicit argumentative strategies. Showing the different dialectical proposals Walton advanced in several studies on argumentation as a development of a dialogical system, it (...)
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  18. Types of Dialogue, Dialectical Relevance and Textual Congruity.Douglas Walton & Fabrizio Macagno - 2007 - Anthropology and Philosophy 8 (1-2):101-120.
    Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to a (...)
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  19. Dialectic as the 'Self-Fulfillment' of Logic.Dieter Wandschneider - 2009 - In Markus Gabriel (ed.), The dialectic of the absolute-Hegel's critique of transcendent metaphysics. Continuum. pp. 31–54.
    The scope of my considerations here is defined along two lines, which seem to me of essential relevance for a theory of dialectic. On the one hand, the form of negation that – as self-referring antinomical negation – gains a quasi-semantic expulsory force [Sprengkraft] and therewith a forwarding [weiterverweisenden] character; on the other hand, the notion that every logical category is defective insofar as the explicit meaning of a category does not express everything that is already implicitly presupposed for (...)
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  20. Marxism and materialism: a study in Marxist theory of knowledge.David-Hillel Ruben - 1977 - Atlantic Highlands, N.J.: Humanities Press.
    Argument that Marx has a realist ontology and a correspondence theory of truth. His views are compared to both Hegel's and Kant's. This interpretation departs from more Hegelian, 'idealist' interpretations that often rely on misunderstanding some of the work of the early Marx. There is also a discussion and partial defence of Lenin's Materialism and Empirio-Criticism.
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  21. Quintilian's Theory of Certainty and Its Afterlife in Early Modern Italy.Charles McNamara - 2016 - Dissertation, Columbia University
    This dissertation explores how antiquity and some of its early modern admirers understand the notion of certainty, especially as it is theorized in Quintilian's Institutio Oratoria, a first-century educational manual for the aspiring orator that defines certainty in terms of consensus. As part of a larger discussion of argumentative strategies, Quintilian turns to the “nature of all arguments,” which he defines as “reasoning which lends credence to what is doubtful by means of what is certain” (ratio per ea quae certa (...)
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  22. Classifying the Patterns of Natural Arguments.Fabrizio Macagno & Douglas Walton - 2015 - Philosophy and Rhetoric 48 (1):26-53.
    The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and (...)
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  23. Reason in Kant's Theory of Cognition.Nabeel Hamid - 2022 - Canadian Journal of Philosophy 52 (6):636-653.
    This paper reconstructs and defends Kant's argument for the transcendental status of reason's principles of the systematic unity of nature in the Appendix to the Transcendental Dialectic. On the present account, these principles are neither mere methodological recommendations for conducting scientific inquiry nor do they have the normative force of categorical imperatives, two extant interpretations of Kant's discussion of reason in the Appendix. Instead, they are regulative yet transcendental principles restricted to theoretical cognition. The principles of the systematic unity of (...)
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  24. Virtue in argument.Andrew Aberdein - 2010 - Argumentation 24 (2):165-179.
    Virtue theories have become influential in ethics and epistemology. This paper argues for a similar approach to argumentation. Several potential obstacles to virtue theories in general, and to this new application in particular, are considered and rejected. A first attempt is made at a survey of argumentational virtues, and finally it is argued that the dialectical nature of argumentation makes it particularly suited for virtue theoretic analysis.
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  25. Virtue Theories of Argument.Andrew Aberdein & Daniel H. Cohen - 2024 - Inquiry: Critical Thinking Across the Disciplines 33 (2):117-142.
    Virtue-based approaches have attracted significant recent interest in argumentation, including a recent anthology of Chinese translations of important articles in the field. In this article, adapted from the introduction to that anthology, we discuss the origins of virtue argumentation and some of the challenges it has faced, as well as attempt to provide an overview of recent work on the virtues and vices relevant to argumentation. In the final section we discuss the articles that were selected and (...)
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  26. Argument from Analogy in Law, the Classical Tradition, and Recent Theories.Fabrizio Macagno & Douglas Walton - 2009 - Philosophy and Rhetoric 42 (2):154-182.
    Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, (...)
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  27. A dialectical approach to presupposition.Fabrizio Macagno - 2018 - Intercultural Pragmatics 15 (2):291-313.
    This paper advances an approach to presupposition rooted in the concept of commitment, a dialectical notion weaker than truth and belief. It investigates ancient medieval dialectical theories and develops the insights thereof for analyzing how presuppositions are evaluated and why a proposition is presupposed. In particular, at a pragmatic level, presuppositions are reconstructed as the conclusions of implicit arguments from presumptive reasoning, grounded on presumptions of different type and nature. A false (or rather unaccepted) presupposition can be thus represented as (...)
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  28. (1 other version)Bhagavad Gītā: The Dialectic of Four Moral Theories (Ethics-1, M08).Ranganathan Shyam - 2016 - In A. Raghuramaraju (ed.), Philosophy, E-Pg Pathshala. Delhi: India, Department of Higher Education (NMEICT).
    This is the first of lessons on the Bhagavad Gītā. The Bhagavad Gītā is a small section of the Mahābhārata, which is a dialectical experiment in moral theory. Here the characters not only assume the role of prominent ethical theories, but must also work through the ethical challenge as a matter of practice. In this module I explicate the main arguments of the Gītā, which lead us from teleological accounts of ethics (Virtue Ethics, Consequentialism) to procedural accounts (Deontology and (...)
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  29. In Defence of the Dialectical School.Theodor Ebert - 2008 - In Francesca Alesse (ed.), Anthropine Sophia. Studi di filologia e storiografia filosofica in memoria di Gabriele Giannantoni. Bibliopolis. pp. 275-293.
    In this paper I defend the existence of a Dialectical school proper against criticisms brought forward by Klaus Döring and by Jonathan Barnes. Whereas Döring claims that there was no Dialectical school separate from the Megarians, Barnes takes issue with my claim (argued for in “Dialektiker und frühe Stoiker bei Sextus Empiricus”) that most of the reports in Sextus on the dialecticians refer to members of the Dialectical school. Barnes contends that these dialecticians are in fact Stoic logicians. As against (...)
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  30. Dignāga's Argument for the Awareness Principle: An Analytic Refinement.Uriah Kriegel - 2019 - Philosophy East and West 69:144-156.
    Contemporary theories of consciousness can be divided along several major fault lines, but one of the most prominent concerns the question of whether they accept the principle that a mental state's being conscious involves essentially its subject being aware of it. Call this the awareness principle: For any mental state M of a subject S, M is conscious only if S is aware of M. Although analytic philosophers divide sharply on whether to accept the principle, the philosophy-of-mind literature appears to (...)
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  31. Argumentation Theory in Education Studies: Coding and Improving Students’ Argumentative Strategies.Fabrizio Macagno, Elisabeth Mayweg-Paus & Deanna Kuhn - 2015 - Topoi 34 (2):523-537.
    This paper is aimed at combining the advances in argumentation theory with the models used in the field of education to address the issue of improving students’ argumentative behavior by interacting with an expert. The concept of deeper or more sophisticated argumentative strategy is theoretically defined and used to advance two new coding schemes, based on the advances in the argumentation studies and aimed at capturing the dialectical, or structural, behavior, and the argumentative content of each dialogue (...)
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  32. Lovers in the Age of the Beloveds: Classical Ottoman Divan Literature and the Dialectical Tradition (Ādāb al-Baḥth).Mehmet Karabela - 2017 - In Alireza Korangy Hanadi Al-Samman Michael Beard, al-Samman Hanadi & Beard Michael (eds.), The Beloved in Middle East Literatures: The Culture of Love and Languishing. I.B.Tauris. pp. 285-300.
    This chapter analyzes traditional archetypes of divan literature—‘āşık (lover), ma‘şūk (beloved), and rakīb (opponent)—to show the presence of a dialectical discourse in classical Ottoman divan love poems. In both style and content divan poems display a comprehensive understanding of the postclassical Islamic philosophical conception of dialectic and argumentation theory, known as ādāb al-baḥth wa al-munāẓara. The focus on Ottoman love poetry and argumentation theory in this paper aims to demonstrate how the love poetry that developed in (...)
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  33. The role of disagreement in semantic theory.Carl Baker - 2013 - Australasian Journal of Philosophy (1):1-18.
    Arguments from disagreement often take centre stage in debates between competing semantic theories. This paper explores the theoretical basis for arguments from disagreement and, in so doing, proposes methodological principles which allow us to distinguish between legitimate arguments from disagreement and dialectically ineffective arguments from disagreement. In the light of these principles, I evaluate Cappelen and Hawthorne's [2009] argument from disagreement against relativism, and show that it fails to undermine relativism since it is dialectically ineffective. Nevertheless, I argue that an (...)
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  34. Argumentation without Arguments Proper.Gábor Forrai - 2014 - In Gizella Horváth, Rozália Klára Bakos & Éva Bíró-Kaszás (eds.), Ten Years of Facebook, The Third Argumentor Conference. Partium Press, Debrecen University Press. pp. 219-238..
    The purpose of the paper is to draw attention to a kind of rational persuasion which has received little attention in argument studies even though its existence is acknowledged in other fields. I start with a brief analysis of the debates conducted in the comments on a philosophical blog. The posts are addressed to a non-academic audience, always end with a problem, and the reader is invited to offer a solution. In the comments we hardly ever find arguments in the (...)
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  35. Manipulation Arguments and the Freedom to do Otherwise.Patrick Todd - 2017 - Philosophy and Phenomenological Research 95 (2):395-407.
    I provide a manipulation-style argument against classical compatibilism—the claim that freedom to do otherwise is consistent with determinism. My question is simple: if Diana really gave Ernie free will, why isn't she worried that he won't use it precisely as she would like? Diana's non-nervousness, I argue, indicates Ernie's non-freedom. Arguably, the intuition that Ernie lacks freedom to do otherwise is stronger than the direct intuition that he is simply not responsible; this result highlights the importance of the denial of (...)
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  36. Introducing Argument & Computation.Guillermo R. Simari, Chris Reed, Iyad Rahwan & Floriana Grasso - 2010 - Argument and Computation 1 (1):1-5.
    Over the past decade or so, a new interdisciplinary field has emerged in the ground between, on the one hand, computer science – and artificial intelligence in particular – and, on the other, the area of philosophy concentrating on the language and structure of argument. There are now hundreds of researchers worldwide who would consider themselves a part of this nascent community. Various terms have been proposed for the area, including "Computational Dialectics," "Argumentation Technology," and "Argument-based Computing," but (...)
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  37. The Malthus-Ricardo Correspondence: Sequential structure, argumentative patterns, and rationality.Marcelo Dascal & Sergio Volodia Marcello Cremaschi - 1999 - Journal of Pragmatics 31 (9):1129-1172.
    Although the controversy between Malthus and Ricardo has long been considered to be an important source for the history of economic thought, it has hardly been the object of a careful study qua controversy, i.e. as a polemical dialogical exchange. We have undertaken to fill this gap, within the framework of a more ambitious project that places controversies at the center of an account of the history of ideas, in science and elsewhere. It is our contention that the dialogical co-text (...)
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  38. Argumentative reasoning patterns.Douglas Walton & Fabrizio Macagno - 2006 - In Douglas Walton & Fabrizio Macagno (eds.), Proceedings of 6th CMNA (Computational Models of Natural Argument) Workshop, ECAI-European Conference on Artificial Intelligence. University of Trento. pp. 48-51.
    The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s (...)
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  39. Analysis and dialectic: studies in the logic of foundation problems.Joseph Russell - 1984 - Hingham, MA, USA: Distributors for the U.S. and Canada, Kluwer Academic Publishers. Edited by Paul Russell.
    This book was completed by the early 1960s and published in 1984 but it has not lost its topicality, for it contains an important re-assessment of the relations of two main streams of contemporary philosophy - the Analytical and the Dialectic. Adherents and critics of these traditions tend to assurnethat they are diametrically opposed, that their roots, concerns and approaches contradict each other, and that no reconciliation is possible. In contradistinction Russell derives both traditions from the common root of the (...)
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  40. The Art of Dialectic between Dialogue and Rhetoric: The Aristotelian Tradition. [REVIEW]Mehmet Karabela - 2014 - Journal of the History of Philosophy 52 (4):841-42.
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  41. Adversarial argumentation and common ground in Aristotle’s Sophistical Refutations.Colin Guthrie King - 2021 - Topoi 40 (5):939-950.
    In this paper I provide support for the view that at least some forms of adversariality in argumentation are legitimate. The support comes from Aristotle’s theory of illegitimate adversarial argumentation in dialectical contexts: his theory of eristic in his work On Sophistical Refutations. Here Aristotle develops non-epistemic standards for evaluating the legitimacy of dialectical procedures, standards which I propose can be understood in terms of the pragmatic notion of context as common ground. Put briefly, Aristotle makes (...)
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  42. Can You Keep a Secret? BS Conspiracy Theories and the Argument from Loose Lips.Ryan Ross - 2022 - Episteme 21 (2):545 - 564.
    According to an argument that I will call the argument from loose lips, we can safely reject certain notorious conspiracy theories because they posit conspiracies that would be nearly impossible to keep secret. I distinguish between three versions of this argument: the epistemic argument, the alethic argument, and the statistical argument. I, then, discuss several limitations of the argument from loose lips. The first limitation is that only the statistical argument can be applied to new conspiracy theories. The second limitation (...)
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  43. The Rhetorical Theory of Argument is Self-Defeating.Scott F. Aikin - 2011 - Cogency: Journal of Reasoning and Argumentation 3 (1).
    The rhetorical theory of argument, if held as a conclusion of an argument, is self-defeating. The rhetorical theory can be refined, but these refinements either make the theory subject to a second self- defeat problem or tacitly an epistemic theory of argument.
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  44. Schmitt’s democratic dialectic: On the limits of democracy as a value.Larry Alan Busk - 2021 - Philosophy and Social Criticism 47 (6):681-701.
    In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...)
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  45. Statutory Interpretation: Pragmatics and Argumentation.Douglas Walton, Fabrizio Macagno & Giovanni Sartor - 2021 - Cambridge: Cambridge University Press.
    Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing (...)
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  46. Interpretative Disputes, Explicatures, and Argumentative Reasoning.Fabrizio Macagno & Alessandro Capone - 2016 - Argumentation 30 (4):399-422.
    The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation (...) with the advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)
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  47. Lloyd's dialectical theory of representation.Kenneth Aizawa - 1994 - Mind and Language 9 (1):1-24.
    This is a critique of Lloyd's theory which appeared in his book, Simple Minds.
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  48. Zur Struktur dialektischer Begriffsentwicklung.Dieter Wandschneider - 1997 - In Das Problem der Dialektik. Bonn: Bouvier. pp. 114–169.
    Previous efforts to bring the Hegelian dialectic closer to a clarification give reason for skepticism. The question: "What is dialectic", according to Dieter Henrich, "has remained without an answer so far". Hegel's objective-idealistic program is, however, so much linked to the possibility of a dialectical logic that it is an urgent desideratum to gain clarity about the stringency of dialectical argumentation. But this is only possible on the basis of a theory of dialectic. Hegel's own reflection on methods (...)
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  49. Argumentation schemes in AI: A literature review. Introduction to the special issue.Fabrizio Macagno - 2021 - Argument and Computation 12 (3):287-302.
    Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century (...)
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  50. Late scholastic probable arguments and their contrast with rhetorical and demonstrative arguments.James Franklin - 2022 - Philosophical Inquiries 10 (2).
    Aristotle divided arguments that persuade into the rhetorical (which happen to persuade), the dialectical (which are strong so ought to persuade to some degree) and the demonstrative (which must persuade if rightly understood). Dialectical arguments were long neglected, partly because Aristotle did not write a book about them. But in the sixteenth and seventeenth century late scholastic authors such as Medina, Cano and Soto developed a sound theory of probable arguments, those that have logical and not merely psychological force (...)
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