Prototypical Argumentative Patterns in a Legal Context: The Role of Pragmatic Argumentation in the Justification of Judicial Decisions

In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case.     

Argumentative Patterns in Over-the-Counter Medicine Advertisements

In this paper, an argumentative pattern that is prototypical for the communicative practice of over-the-counter medicine advertisements will be discussed. First, a basic argumentative pattern for this type of advertisement will be identified. In addition, an overview of various types of extensions of this basic pattern will be presented. Finally, it will be made clear how combinations of the basic pattern and specific extensions can be analysed as the result of strategic choices made by the advertisers concerning the type of arguments that are advanced, the argumentation structure and the presentation of their arguments.     

Argumentative Patterns in the Political Domain: The Case of European Parliamentary Committees of Inquiry

In this paper, close attention is paid to the argumentative patterns resulting from combining pragmatic argumentation in which a recommendation is made with arguments in which the majority is invoked. I focus on such argumentative patterns as employed by European parliamentary committees of inquiry conducting inquiries into the activity of the Equitable Life Assurance Society. By incorporating legal and political insights about the activity of these parliamentary committees of inquiry into a pragma-dialectical argumentative approach, an analysis will be given of the selected argumentative pattern. This analysis will reveal which standpoints are supported by which arguments and how these arguments relate to each other to increase the acceptability of the recommendation made. In addition, the analysis will explain the arguer’s argumentative choices in the pattern employed.     

Virtue and Arguers

Is a virtue approach in argumentation possible without committing the ad hominem fallacy? My answer is affirmative, provided that the object study of our theory is well delimited. My proposal is that a theory of argumentative virtue should not focus on argument appraisal, as has been assumed, but on those traits that make an individual achieve excellence in argumentative practices. An agent-based approach in argumentation should be developed, not in order to find better grounds for argument appraisal, but to gain insight into argumentative habits and excellence. This way we can benefit from what a virtue argumentation theory really has to offer.     

Problem-Solving Argumentative Patterns in Plenary Debates of the European Parliament

The aim of this paper is to describe the way in which argumentative patterns come into being in plenary debate over legislative issues in the European Parliament. What kind of argumentative patterns are to be expected within this macro context? It is shown that the argumentative patterns that come into being in legislative debate in the European Parliament depend for the most part on the problem-solving argumentation that is put forward in the opening speech by the rapporteur of the parliamentary committee report. This argumentation can be pragmatic problem-solving argumentation or complex problem-solving argumentation. The most important prototypical argumentative patterns are investigated in the argumentation put forward by the Members of parliament. This investigation is based on an inventory of the arguments that can in principle be used to support or attack the initial problem-solving argumentation put forward by the rapporteur.     

Pragma-Dialectical Reconstruction of Crisis Diary-Writing as a Communicative Activity Type

This paper concerns the character of argumentation in inner dialogue, i.e. dialogue that an individual keeps to herself in her own mind. The problem of inner dialogue research is the methodological difficulty connected with its externalization. In the text, the activity of crisis diary-writing is suggested as a way of naturally externalizing inner decision-making. By adopting a pragma-dialectic approach to argumentation, the text attempts to characterize crisis diary-writing as an argumentative activity type. The argumentative characterization of crisis diary-writing involves identifying the institutional point and implemented genre as well as distinguishing the empirical counterparts of the four stages of critical discussion. For illustration, the paper draws its examples from Anne Frank’s Diary. As a result of the characterization achieved in the paper, it is concluded that crisis diary-writing is a conventionalized deliberative activity type preconditioned by implicit norms governing the conduct of argumentation.

     

Practical Reasoning Arguments: A Modular Approach

This paper compares current ways of modeling the inferential structure of practical (goal-based) reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two real examples, we show how applying the three types of schemes to a cluster of practical argumentation allows an argument analyst to reconstruct the tacit premises presupposed and evaluate the argumentative reasoning steps involved. This approach will be shown to overcome the limitations of the existing models of practical reasoning arguments within the BDI and commitment theoretical frameworks, providing a useful tool for discourse analysis and other disciplines. In particular, applying this method brings to light the crucial role of classification in practical argumentation, showing how the ordering of values and preferences is only one of the possible areas of deep disagreement.     

Negotiating Problems of Written Argumentation

Studies from many countries report that secondary school students do not master written argumentation well enough. This article presents a case study from lower secondary school where the question of problems in written argumentation is approached from a different angle: instead of focusing on argumentative weaknesses in student texts, it concentrates on what students are capable of and struggle with when they write argumentative texts in cooperation with a scaffolding teacher. Findings from this study show that a clear text pattern communicated through teaching and teacher response helped weak as well as strong writers to improve common problems related to audience awareness and the structure of argumentative texts. In cooperation with a commenting teacher all students were also able to support a standpoint with more reasons and to strengthen their own position by refuting a counterargument, although to varying degrees. However, only a couple of revised texts suggest that students had the will, skill and insight needed to follow up teacher response that encouraged a more distanced view on heated debates, conflict negotiations, self-reflection and critical thinking.     

Goals in Argumentation: A Proposal for the Analysis and Evaluation of Public Political Arguments

In this paper, I review and compare major literature on goals in argumentation scholarship, aiming to answer the question of how to take the different goals of arguers into account when analysing and evaluating public political arguments. On the basis of the review, I suggest to differentiate between the different goals along two important distinctions: first, distinguish between goals which are intrinsic to argumentation and goals which are extrinsic to it and second distinguish between goals of the act of arguing and goals of argumentative interactions. Furthermore, I propose to analyse public political arguments as multi-purposive activity types and reconstruct the argumentative exchanges as a series of simultaneous discussions. This enables us to examine public political arguments from a perspective in which the intrinsic goals of argumentation are in principle instrumental for the achievement of the socio-political purposes of argumentation, and consequently, it makes our assessment of the argumentative quality of the argument also indicative of the quality of the socio-political processes to which the arguments contribute.     

Analysis of Argumentation in the Discussion Sections of Published Articles in ESP Journal: A Diachronic Corpus-Based Approach

Argumentation has remained under-researched in studies analyzing academic journal publications despite its importance in academic writing. This paper reports a study in which we investigated stereotypical argumentative trends, lexico-grammatical features, and interactional metadiscourse markers in 354 research article free-standing discussion sections from the journal of ESP over forty years. The field of ESP was chosen because of its maturity, which has given substance to a dynamic ground for arguments. We drew on the pragma-dialectical approach to analyzing argumentations in the corpus. Findings indicated that due to the argumentative nature of the discussion section, certain argumentative trends recurred more often. The analysis of the lexico-grammatical features and metadiscourse markers of the standpoints also showed patterns of variability over time. The study concludes that it is imperative to incorporate relevant facets from various argumentation models to construct a comprehensive argumentation theory and gain deeper insights into argumentation in academic writing.

     

《鬼谷子》的“阴阳”思想与“说谋”论证

"阴阳"是纵横家论证理论的重要依据。以往的研究虽有关注"阴阳"的重要性,但未能解答纵横家如何运用"阴阳"思想生成相应论证理论这一问题,也没有深入探索纵横家将"阴阳"作为其理论依据的原因。基于此,在广义论证的研究视域下,以《鬼谷子》为研究对象,分析其中"阴阳"的哲学内涵以及"阴""阳"之间的关系;揭示"阴阳"对其论证理论的影响:"说"(说服)"谋"(谋略)作为纵横家论证理论的核心范畴,"说"有"捭阖""反应"等论证规则,"谋"作为论证主张,有"阴谋""阳谋"之分;解释纵横家以"阴阳"为据的原因,认为这与当时国君崇尚"用间(间谍)"的社会文化背景密切相关;探索"说谋"论证理论与春秋论证实践之渊源。     

Second Order Intersubjectivity: The Dialectical Dimension of Argumentation

I propose a characterization of the dialectical dimension of argumentation by considering the activity of arguing as involving a “second order intersubjectivity”. I argue that argumentative communication enables this kind of intersubjectivity as a matter of the recursive nature of acts of arguing—both as justificatory and as persuasive devices. Calling attention to this feature is a way to underline that argumentative discourses represent the explicit part of a dynamic activity, “a mechanism of rational validation”, as Rescher (Dialectics. A controversy oriented approach to the theory of knowledge. SUNY Press, Albany, 1977) showed, which is a practice that presupposes the possibility of attaining objectivity.     

Logic and Rhetoric in Legal Argumentation: Some Medieval Perspectives

While the formal treatment of arguments in the late medieval modi arguendi owes much to dialectic, this does not remove the substance and function of the argumentative modes discussed from the realm of rhetoric. These works, designed to teach law students skills in legal argumentation, remain importantly focused on persuasive features of argumentation which have traditionally been strongly associated with a rhetorical approach, particularly in efforts to differentiate from it dialectic as a more strictly scientific and logical form of reasoning. This also sheds some light on the relative roles logic and rhetoric play in the legal discourse of our own time. In their approach to persuasive legal discourse, the modi arguendi stand between the argumentative rhetorics of Antiquity and the rhetoricized dialectics of the Renaissance, and by linking the minute technicalities of professionalized law with broad general considerations of justice, utility, nature, and emotion, they mediate between the modem trend towards atomized field-specific rhetorics and the classical idea of a unified civic rhetoric.     

The Normative, the Proper, and the Sublime: Notes on the Use of Figure and Emotion in Prophetic Argument

Too often in argumentation studies, an emphasis on argumentative norms fails to give adequate weight to elements of emotion and style that are essential to public speech at its best, not only in ordinary practice but especially in those rare moments where public speech arrives at the sublime. In this paper we examine the coordination of argument with figurative and emotive language whose combination yields sublime effects in the poetry of the Hebrew prophets as well as in examples of modern discourse. It is shown that poetic figures, while not fully reducible to argumentative norms, nor rational in the sense commonly applied to argumentation, do in fact contribute in propriety in public discourse; moreover, they surpass mere propriety to generate moments of the sublime.     

Towards a Critique-Friendly Approach to the Straw Man Fallacy Evaluation

In this article I address the following question: When are reformulations in argumentative criticisms reasonable and when do they become fallacious straw men? Following ideas developed in the integrated version of pragma-dialectics, I approach argumentation as an element of agonistic exchanges permeated by arguers?? strategic manoeuvring aimed at effectively defeating the opponent with reasonable means. I propose two basic context-sensitive criteria for deciding on the reasonableness of reformulations: precision of the rules for interpretation (precise vs. loose) and general expectation of cooperativeness (critical vs. constructive). On the basis of analysis of examples taken from online political discussions, I argue that in some contexts, especially those that are critical and loose, what might easily be classified as a straw man following conventional treatment should be taken as a harsh, yet reasonable, strategic argumentative criticism.     

In Context

‘In Context’ is aimed at giving contextualization its rightful place in the study of argumentation. First, Frans H. van Eemeren explains the crucial role of context in a reconstructive analysis of argumentative discourse. He distinguishes four levels of contextualization. Second, he situates his approach to context in the field of argumentation studies by comparing it with Walton’s approach. He emphasizes the importance of distinguishing clearly between a normatively motivated theoretical ideal model and empirically-based communicative activity types. Third, van Eemeren concentrates on the ‘macro-level’ of contextualization: contextualization in institutionalized communicative activity types. He makes clear that the macro-context of a communicative activity type can be characterized argumentatively by describing the disctinctive features of the empirical counterparts of the four stages of a critical discussion in the activity type concerned. Fourth, he points out what the consequences of the macrocontextualization of argumentative discourse in a certain communicative activity type are for the strategic maneuvering that may takes place and the identification of fallacies as derailments of strategic maneuvering. Fifth, van Eemeren draws some general conclusions regarding the role of contextualization in the analysis and evaluation of argumentative discourse.     

A formal account of Socratic-style argumentation

In traditional mathematical models of argumentation an argument often consists of a chain of rules or reasons, beginning with premisses and leading to a conclusion that is endorsed by the party that put forward the argument. In informal reasoning, however, one often encounters a specific class of counterarguments that until now has received little attention in argumentation formalisms. The idea is that instead of starting with the premisses, the argument starts with the propositions put forward by the counterparty, of which the absurdity is illustrated by showing their (defeasible) consequences. This way of argumentation (which we call S-arguments) is very akin to Socratic dialogues and critical interviews; it also has applications in modern philosophy. In this paper, various examples of S-arguments are provided, as well as a treatment of the problems that occur when trying to formalize them in existing formalisms. We also provide general guidelines that can serve as a basis for implementing S-arguments into various existing formalisms. In particular, we show how S-arguments can be implemented in Pollock's formalism, how they fit into Dung's abstract argumentation approach and how they are related to the issue of self-defeating arguments.