The book offers a compact but comprehensive introductory overview of the crucial components of argumentation theory. In presenting this overview, argumentation is consistently approached from a pragma-dialectical perspective by viewing it pragmatically as a goal-directed communicative activity and dialectically as part of a regulated critical exchange aimed at resolving a difference of opinion. As a result, the book also systematically explains how the constitutive parts of the pragma-dialectical theory of argumentation, which are discussed in a number of (...) separate publications, hang together. The following crucial topics are discussed: argumentation theory as a discipline; the meta-theoretical principles of pragma-dialectics; the model of a critical discussion aimed at resolving a difference of opinion; fallacies as violations of a code of conduct for reasonable argumentative discourse; descriptive research of argumentative reality; analysis as theoretically-motivated reconstruction; strategic manoeuvring aimed at combining achieving effectiveness with maintaining reasonableness; the conventionalization of argumentative practices; prototypical argumentative patterns; pragma-dialectics amidst other approaches. Argumentation Theory: A Pragma-Dialectical Perspective is clearly written and makes argumentation theory understandable to all scholars and advanced students interested in argumentation research. (shrink)

The author- following his own research on the subject- argues that Wittgenstein ignores argumentation theory and in general, the problems of rhetoric and argumentation. From this point of view, he frames Stephen Toulmin’s reading of Wittgenstein, arguing that the British philosopher- who was a student of the Austrian- advocates precisely the same thesis. He explains that this happens in a very peculiar (rhetorical) context on Toulmin’s part; a context in which, in essence, Wittgenstein’s philosophy is being rehabilitated.

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 unit. (...) These coding schemes are then applied for a qualitative analysis of a study designed to investigate how students’ argumentative behavior can be influenced by the interaction with an expert, who used specific types of attacks to the interlocutors’ positions. The twofold coding shows at which dialogical level expert–peer interactions can directly and more stably affect students’ argumentative behavior, and what effects such more sophisticated strategies can have on the discussion and the analysis of disagreements. In particular, this paper shows how a specific type of deep-level attack, the underminer, can open dialogues of a different level, focused on unveiling and debating background beliefs underlying a specific position. (shrink)

The central question of this contribution is: Why argumentation theory? Its points of departure are: (1) argumentative discourse is aimed at resolving a difference of opinion based on the merits of the argumentative moves that are made (“effectiveness through reasonableness”); (2) argumentation theory concentrates on the problems involved in the production, analysis and evaluation of argumentative discourse. The comprehensive research program that needs to be carried out to tackle these problems includes philosophical, theoretical, empirical, analytical, and practical research. (...) It is illuminating to see to what extent these five components are given their due in the versions of the research program of the currently most prominent approaches: (1) the formal logical, (2) rhetorical/pragmalinguistic, (3) informal logical, and (4) pragmadialectical paradigm. Based on the research results, the discipline should serve several practical objectives: (1) providing a profound understanding of the concept of argumentation and a sound body of knowledge about the ways in which argumentation manifests itself; (2) assisting people in getting a better grip on the argumentative discourses they encounter in public life; (3) supplying tools for improving the quality of argumentative practices. The different versions of the research program implemented in the four approaches are not equally strongly designed to serve these practical objectives. Three basic problems complicate the treatment of argumentative discourse: (1) the natural communication predicament; (2) the varying institutional constraints on argumentative discourse in different macro-contexts; (3) the higher order conditions for resolving a difference that are prerequisites for reasonable argumentative discourse. (shrink)

In ‘The making of argumentation theory’ van Eemeren and van Haaften describe the contributions made to the five components of a full-fledged research program of argumentation theory by four prominent approaches to the discipline: formal dialectics, rhetoric/pragmalinguistics, informal logic, and pragma-dialectics. Most of these approaches do not contribute to all components, but to some in particular. Starting from the pragma-dialectical view of the relationship between dialectical reasonableness and rhetorical effectiveness – the crucial issue in argumentation theory – (...) van Eemeren and van Haaften explain the positions taken by representatives from the approaches discussed and indicate where they differ from the pragma-dialectical approach. It transpires that approaches focusing on dialectical reasonableness are, next to pragma-dialectics, formal dialectics and informal logic; approaches focusing on rhetorical effectiveness are, next to pragma-dialectics, rhetoric and pragmalinguistics, and the informal logician Tindale. When it comes to the relationship between dialectical reasonableness and rhetorical effectiveness, some interest in it is shown in rhetoric and pragmalinguistics, but only in pragma-dialectics and in Tindale’s work is it a real focus. The main difference between Tindale’s view and the pragma-dialectical view is that in pragma-dialectics the decisive role in deciding about reasonableness is assigned to a code of conduct for reasonable argumentative discourse and in Tindale’s approach this role is assigned to Tindale’s interpretation of the Perelmanian universal audience. (shrink)

In their extensive overview of various concepts of presumption Godden and Walton recognise “the heterogeneous picture of presumptions that exists in argumentation theory today”. I argue that this heterogeneity results from an epiphenomenal character of the notion of presumption. To this end, I first distinguish between three main classes of presumptions. Framework presumptions define the basic conditions of linguistic understanding and meaningful conversation. The “presumption of veracity” is their paradigm case. I argue that such presumptions are satisfactorily covered by (...) the Principle of Charity, or else Gricean maxims or satisfaction conditions for speech acts. Formal presumptions are general presumptive rules of argument, theorised as topoi or acceptable inference warrants, including institutional warrants. Material presumptions are acceptable outcomes of nested or outsourced arguments, which entitles arguers to use them as acceptable premises or opinions in further arguments without the typical burden of proof. If this is correct, then the study of presumption always collapses into the study of other, likely more fundamental, concepts. Does it render presumptions, by Occam’s Razor, altogether redundant in argumentation theory? I tentatively answer this question from a consistently conversational perspective on argumentation; I argue that the pragmatic grounds for presumptions are to be found in the conditions for speech act performance in the institutional social world, as developed by Searle. (shrink)

This paper supports the need for health professionals to be trained in argumentation theory, by illustrating the challenges that they face in interacting with patients and according to the different models of consultation that patients prefer. While there is no ideal model of consultation that can be promoted universally, the ability to construct arguments in support of health professionals’ points of view, as well as the ability to engage in critical discussion with patients, translate in essential skills for reaching (...) patients’ agreement when communication develops through the interpretative model or the informed decision model or, eventually, shared decision-making. Keywords: models of consultation, argumentation skills, medical training, patient-centeredness, informed consent. (shrink)

In this paper the conception of argumentation theory as applied epistemology is discussed. The point of departure is the description of four perspectives that are considered as founders of the modern theory of argumentation, in order to observe whether there was a similar concept in those theories or if they provided the patterns to go into that direction. Further on the reasons why contemporary scholars have given this emphasis to the notion of argumentation theory is discussed. (...) En este artículo se discute la visión de la teoría de la argumentación como una forma de epistemología aplicada. El punto de partida es la descripción de cuatro perspectivas que se consideran fundadoras de la teoría moderna de la argumentación, para desde allí observar si en ellas hubo un concepto similar o si se dieron las pautas para tomar esa dirección. Luego, se reflexiona en torno a las razones por las que los teóricos posteriores han dado énfasis a esta visión de la teoría de la argumentación. (shrink)

This article reviews Frans H. van Eemeren’s Argumentation Theory: A Pragma-Dialectical Perspective.

This article examines two approaches to the analysis and critical assessment of scientific argumentation. The first approach employs the discourse theory that Jurgen Habermas has developed on the basis of his theory of communicative action and applied to the areas of politics and law. Using his analysis of law and democracy in his Between Facts and Norms as a kind of template, I sketch the main steps in a Habermasian discourse theory of science. Difficulties in his approach motivate my (...) proposal of an alternative approach that starts not with a theory of communicative action but with some broad categories drawn from argumentation theory. Using these categories, one can survey the various conceptions of scientific argumentation that have already emerged in the multi-disciplinary field of science studies. The more flexible, open-ended theoretic categories put one in a better position to'develop cooperative interdisciplinary studies that can inform the critical assessment of scientific argumentation. (shrink)

Natural normativity describes the means whereby social and cultural controls are placed on argumentative behaviour. The three main components of this are Goals, Context, and Ethos, which combine to form a dynamic and situational framework. Natural normativity is explained in light of Pragma-dialectics, Informal Logic, and Rhetoric. Finally, the theory is applied to the Biro-Siegel challenge.

To illustrate the development of argumentation theory, the paper traces the journey of the pragma-dialectical theory as it widened its scope, step by step, from an abstract model of critical discussion to the complexities of actual argumentative discourse. It describes how, having contextualized, empiricalized and formalized their approach, pragma-dialecticians are now putting the theory’s analytical instruments to good use in identifying prototypical argumentative patterns in specific communicative activity types in the various communicative domains. This means that they can now (...) start answering the crucial question about the typical characteristics of their discourse asked by interested lawyers, politicians, academics and other practitioners of argumentation. (shrink)

To adequately model mathematical arguments the analyst must be able to represent the mathematical objects under discussion and the relationships between them, as well as inferences drawn about these objects and relationships as the discourse unfolds. We introduce a framework with these properties, which has been used to analyse mathematical dialogues and expository texts. The framework can recover salient elements of discourse at, and within, the sentence level, as well as the way mathematical content connects to form larger argumentative structures. (...) We show how the framework might be used to support computational reasoning, and argue that it provides a more natural way to examine the process of proving theorems than do Lamport’s structured proofs. (shrink)

Argumentation theory is a distinctly multidisciplinary field of inquiry. It draws its data, assumptions, and methods from disciplines as disparate as formal logic and discourse analysis, linguistics and forensic science, philosophy and psychology, political science and education, sociology and law, and rhetoric and artificial intelligence. This presents the growing group of interested scholars and students with a problem of access, since it is even for those active in the field not common to have acquired a familiarity with relevant aspects (...) of each discipline that enters into this multidisciplinary matrix. This book offers its readers a unique comprehensive survey of the various theoretical contributions which have been made to the study of argumentation. It discusses the historical works that provide the background to the field and all major approaches and trends in contemporary research. Argument has been the subject of systematic inquiry for twenty-five hundred years. It has been graced with theories, such as formal logic or the legal theory of evidence, that have acquired a more or less settled provenance with regard to specific issues. But there has been nothing to date that qualifies as a unified general theory of argumentation, in all its richness and complexity. This being so, the argumentation theorist must have access to materials and methods that lie beyond his or her "home" subject. It is precisely on this account that this volume is offered to all the constituent research communities and their students. Apart from the historical sections, each chapter provides an economical introduction to the problems and methods that characterize a given part of the contemporary research program. Because the chapters are self-contained, they can be consulted in the order of a reader's interests or research requirements. But there is value in reading the work in its entirety. Jointly authored by the very people whose research has done much to define the current state of argumentation theory and to point the way toward more general and unified future treatments, this book is an impressively authoritative contribution to the field. (shrink)

The thesis of my paper is that argumentation theory provides a promising heuristic framework for addressing issues raised by the rationality debates in the philosophy of science, in particular the issues connected with scientific controversies over the appraisal and choice of competing theories. The first part of the paper grounds this thesis historically. In criticizing the logical empiricists, Thomas Kuhn set the stage for the subsequent opposition between a normative, anti-sociological philosophy of science and a descriptive, anti-philosophical sociology (...) of knowledge. But he also hinted at the main lines of a multi-dimensional theory of argumentation which might frame a wide range of current investigations into scientific reasoning. In the second part of the paper I focus on the central normative aspect of this framework, dialectical argumentation, and clarify the key challenge, the underdetermination of theories by evidence. In the third part, I attempt to get beyond the dichotomy informing the rationality debates by reformulating the problem of theory choice within a broader context of scientific rationality. (shrink)

The topic of the presence, legitimacy and epistemic worth of narrative explanations in different kinds of scientific discourse has already enjoyed several revivals within related discussions in contemporary philosophy of science. In fact, we have recently witnessed a more extensive, more unprejudiced and ambitious attention to narrative modes of making science. I think we need a systematic theoretical framework in order to categorize these different functions of narratives and understand their role in scientific explanatory and justificatory practice. My claim is (...) that some distinctions and analytic tools developed within the field of contemporary Argumentation Theory might be of help. (shrink)

While deductive validity provides the limiting upper bound for evaluating the strength and quality of inferences, by itself it is an inadequate tool for evaluating arguments, arguing, and argumentation. Similar remarks can be made about rhetorical success and dialectical closure. Then what would count as ideal argumentation? In this paper we introduce the concept of cognitive compathy to point in the direction of one way to answer that question. It is a feature of our argumentation rather than (...) my argument or your argument. In that respect, compathy is like the harmonies achieved by an accomplished choir, the spontaneous coordination of athletic teamwork, or the experience of improvising jazz musicians when they are all in the flow together. It is a characteristic of arguments, not a virtue that can be attributed to individual arguers. It makes argumentation more than just the sum of its individual parts. The concept of cognitive compathy is brought into focus by locating it at the confluence of two lines of thought. First, we work up to the concept of compathy by contrasting it with empathy and sympathy in the context of emotions, which is then transplanted into epistemic, cognitive, and argumentative soil. Second, the concept is analytically linked to ideal argumentation by way of authenticity in communication. In the final section, we explore the extent to which argumentative virtues are conducive to producing compathetic argumentation, but reach the unhappy conclusion that the extra value of compathetic argumentation also transcends the evaluative reach of virtue argumentation theory. (shrink)

Logical consistency demands that Mercier and Sperber's (M&S's) argumentative theory of reasoning apply to their own reasoning in the target article. Although they hint that their argument applies to professional reasoners such as scientists and philosophers, they do not develop this idea. In this commentary, I discuss the applicability of argumentative theory to science and philosophy, emphasizing the perils of moral reasoning.

In “Mercier and Sperber’s Argumentative Theory of Reasoning: From Psychology of Reasoning to Argumentation Studies” (2012) Santibáñez Yañez offers constructive comments and criticisms of the argumentative theory of reasoning. The purpose of this reply is twofold. First, it seeks to clarify two points broached by Yanez: (1) the relation between reasoning (in this specific theory) and dual process accounts in general and (2) the benefits that can be derived from reasoning and argumentation (again, in this specific theory). Second, (...) it suggests one domain—the categorization of arguments—in which argumentation studies and the argumentative theory of reasoning could usefully complement each other to yield a better understanding of the processes of argumentation. (shrink)

Virtue argumentation theory has been charged of being incomplete, given its alleged inability to account for argument cogency in virtue-theoretical terms. Instead of defending VAT against that challenge, I suggest it is misplaced, since it is based on a premise VAT does not endorse, and raises an issue that most versions of VAT need not consider problematic. This in turn allows distinguishing several varieties of VAT, and clarifying what really matters for them.

We argue that there are mutually beneficial connections to be made between ideas in argumentation theory and the philosophy of mathematics, and that these connections can be suggested via the process of producing computational models of theories in these domains. We discuss Lakatos’s work (Proofs and Refutations, 1976) in which he championed the informal nature of mathematics, and our computational representation of his theory. In particular, we outline our representation of Cauchy’s proof of Euler’s conjecture, in which we (...) use work by Haggith on argumentation structures, and identify connections between these structures and Lakatos’s methods. (shrink)

Contemporary critical theorists working in the Frankfurt School tradition have focused considerable attention on theories of deliberative democracy, which in general attempt to show how public argumentation can be both democratic and reasonable. In this context, political questions that involve or depend on science present an acute challenge, inasmuch as deliberation must meet especially demanding epistemic requirements. In this article, the author examines two past responses to the challenge, each of which failed to reconcile reasonableness and democracy: that (...) of the scientists involved in policymaking in the 1940s in the United States, and that of Herbert Marcuse and the New Left in the 1960s. Both the scientists and Marcuse depended on general models of science-in-society that ultimately led them into elitist modes of argumentation. The author concludes by drawing some lessons for an interdisciplinary, argumentation-theoretic approach to science-related public argumentation. /// Pensadores críticos contemporâneos trabalhando dentro da tradição da Escola de Frankfurt prestaram considerável atenção a teorias sobre a democracia deliberativa, as quais em geral procuram mostrar até que ponto a argumentação pública pode ser simultaneamente democrática e razoável. Neste contexto, questões políticas que involvem ou dependem da ciência apresentam um sério desafio, tanto mais que a deliberação deve satisfazer requisitos epistémicos particularmente exigentes. No presente artigo, o autor examina duas respostas que no passado foram dadas a este desafio, cada uma das quais foi incapaz de reconciliar razoabilidade e democracia: a dos cientistas involvidos no desenho de políticas concretas durante os anos 40 nos Estados Unidos, e a de Herbert Marcuse e a Nova Esquerda durante os anos 60. Tanto os cientistas como Marcuse estavam dependentes de modelos genéricos de ciência-nasociedade os quais em última análise os conduziram a modelos elitistas de argumentação. O autor conclui extraindo algumas lições pertinentes para uma abordagem interdisciplinar, argumentativa e teorética à questão da ciência em sua relação com a argumentação pública. (shrink)

The European debate around genetically modified foods was one of the most sustained and ardent public discussions in the late 1990s. Concerns about risks to human health and the environment were voiced alongside claims that healthier foods can be produced more efficiently and in a more environmentally friendly manner using the new technology. The aims of this paper are to test the usefulness of Stephen Toulmin’s argumentation model for the analysis of public debates almost 50 years after it was (...) first introduced, and to establish whether any of the parties in the genetically modified food debate used seriously flawed argumentation. The paper argues that Stephen Toulmin’s argumentation model can be useful in three ways when analysing public debates. Firstly, incomplete or flawed claims can be defeated by exposing missing or mismatching argumentation elements; all examined arguments in the GM debate were well formulated. Secondly, weaknesses in argumentation can be identified by making explicit warrants and backing; in the GM case, this allowed the identification of points of attack for counter-argumentation. Thirdly, analysing the type of backing used, allows inferences about the persuasion approach taken. The industrialists employed ethical principles as their backing much more than the scientists and environmentalists, a surprising result. (shrink)

Informal Logic, Argumentation Theory and Artificial Intelligence.

The papers in this volume - written by well-known experts in the field - examine the rules for valid argument discovered and formulated in the works of medieval scholasticism and show their significance to modern discussions in logic and the philosophy of language. The editor's introductions make the papers interesting and comprehensible even to non-specialists.

Mercier and Sperber (2011a, 2011b; Mercier, 2011a, 2011b, 2011c, and 2011d) have presented a stimulating and provocative new theory of reasoning: the argumentative theory of reasoning. They maintain that argumentation is a meta-representational module. In their evolutionary view of argumentation, the function of this module would be to regulate the flow of information between interlocutors through persuasiveness on the side of the communicator and epistemic vigilance on the side of the audience. The aim of this paper is to (...) discuss the perspective of the authors in which they conceive this competence as the natural scenario of reflective reasoning. (shrink)

This essay proposes a design perspective on argumentation, intended as complementary to empirical and critical scholarship. In any substantive domain, design can provide insights that differ from those provided by scientific or humanistic perspectives. For argumentation, the key advantage of a design perspective is the recognition that humanity’s natural capacity for reason and reasonableness can be extended through inventions that improve on unaided human intellect. Historically, these inventions have fallen into three broad classes: logical systems, scientific methods, and (...) disputation frameworks. Behind each such invention is a specifiable “design hypothesis”: an idea about how to decrease error or how to increase the quality of outcomes from reasoning. As problems in contemporary argumentation practice become more complex, design thinking rises in relevance and importance. A design research agenda in argumentation would focus on theorizing design innovations and on evaluating design hypotheses. (shrink)

One main goal of argumentation theory is to evaluate arguments and to determine whether they should be accepted or rejected. When there is no clear answer, a third option, being undecided, has to be taken into account. Indecision is often not considered explicitly, but rather taken to be a collection of all unclear or troubling cases. However, current philosophy makes a strong point for taking indecision itself to be a proper object of consideration. This paper aims at revealing parallels (...) between the findings concerning indecision in philosophy and the treatment of indecision in argumentation theory. By investigating what philosophical forms and norms of indecision are involved in argumentation theory, we can improve our understanding of the different uncertain evidential situations in argumentation theory. (shrink)

Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of reinforcing the existing political order. In an effort to explain the contribution of Critical Legal Studies to argumentation theory, this essay briefly discusses the role of legal reasoning (...) in the American legal system, describes and critiques Legal Positivism, lays the intellectual foundation for Critical Legal Studies, and considers the implications that this conception of jurisprudence has for argumentation theory. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2018 Heft: 220 Seiten: 19-40.

Virtue epistemology was modeled on virtue ethics theories to transfer their ethical insights to epistemology. VE has had great success: broadening our perspective, providing new answers to traditional questions, and raising exciting new questions. I offer a new argument for VE based on the concept of cognitive achievements, a broader notion than purely epistemic achievements. The argument is then extended to cognitive transformations, especially the cognitive transformations brought about by argumentation.

In this paper, the four Judaic inference rules: qal wa- ḥ omer, gezerah š awah, heqe š, binyan ’av are considered from the logical point of view and the pragmatic limits of applying these rules are symbolic-logically explicated. According to the Talmudic sages, on the one hand, after applying some inference rules we cannot apply other inference rules. These rules are weak. On the other hand, there are rules after which we can apply any other. These rules are strong. This (...) means that Judaic inference rules have different pragmatic meanings and this fact differs Judaic logic from other ones. The Judaic argumentation theory built up on Judaic logic also contains pragmatic limits for proofs as competitive communication when different Rabbis claim different opinions in respect to the same subject. In order to define these limits we build up a special kind of syllogistics, the so-called Judaic pragmatic-syllogistics, where it is defined whose opinion should be choosen in a dispute. (shrink)

Short abstract (98 words). Reasoning is generally seen as a means to improve knowledge and make better decisions. However, much evidence shows that reasoning often leads to epistemic distortions and poor decisions. This suggests that the function of reasoning should be rethought. Our hypothesis is that the function of reasoning is argumentative. It is to devise and evaluate arguments intended to persuade. Reasoning so conceived is adaptive given humans’ exceptional dependence on communication and vulnerability to misinformation. A wide range of (...) evidence in the psychology of reasoning and decision making can be reinterpreted and better explained in the light of this hypothesis. (shrink)

This paper examines whether philosophers of argument, in spite of their disavowing ‘timeless principles’, nevertheless embrace a set of principles, or axioms, to underlie argumentation theory. First, it reviews the thinking of some prominent philosophers of argument; second, it extracts some principles common to their philosophies; and third, it draws out possible consequences for argumentation theory and asks whether such theory has an underlying political posture.

In recent times, there have been different attempts to make an interesting use of the concept of script (as inherited from the fields of psychology and cognitive sciences) within argumentation theory. Although, in many cases, what we find under this label are computerized routines mainly used in e-learning collaborative proceses involving argumentation, either as an educational means or an educational goal, there are also other studies in which the concept of script plays a more theoretical role as the (...) kind of commonly human cognitive structure that could account for the way in which argumentation might develop in ordinary language and ordinary settings. We aim at exploring these latter possibilities, differentiating between the global ascription of the script concept to argumentation practices as procedural and regulated actions from the somewhat more suggestive association between socially shared scripts (expected narratives, plausible sequences, customary experiences, etc.) and the way some enthymemes work from an interactive, rhetorical perspective. The concept of script could help us understand some more procedural than propositional aspects of the cognitive sets shared by arguer and audience and account for the communicative success of apparently defective argumentation. (shrink)

This article asks whether an interdisciplinary "critical science studies" (CSS) is possible between a critical theory in the Frankfurt School tradition, with its commitment to universal standards of reason, and relativistic sociologies of scientific knowledge (e.g., David Bloor's strong programme). It is argued that CSS is possible if its practitioners adopt the epistemological equivalent of Rawls's method of avoidance. A discriminating, public policy–relevant critique of science can then proceed on the basis of an argumentation theory that employs an immanent (...) standard of relevance, which is illustrated by drawing on Helen Longino's critique of behavioral theory. (shrink)

According to van Eemeren, argumentation theory is a hybrid discipline, because it requires a multidisciplinary, if not interdisciplinary approach, combining descriptive and normative insights. He points out that modern argumentation theorists give substance to the discipline by relying either on a dialectical perspective, concentrating on the reasonableness of argumentation, or on a rhetorical perspective, concentrating on its effectiveness. Both the dialectical and the rhetorical perspective are interpreted in ways related to how they were viewed by Aristotle, but (...) in modern argumentation theory the relationship between the two, captured in Aristotle’s term antistrophos, is lost. According to van Eemeren, this relationship, which he considers crucial to a full-fledged argumentation theory, has been recovered in extended pragma-dialectics with the help of the theoretical notion of ‘strategic manoeuvring.’. (shrink)

The theory of rhetoric is recognised and widely used in a number of disciplines, particularly in the social sciences. It is therefore slightly surprising that it has not gained an important footing in jurisprudence. It is often argued that rhetoric and argumentative justification are clearly different issues. However, the present paper argues that they are in fact two aspects of argumentation and that the theory of rhetoric may be used also in the context of legal reasoning.

The empirical research on the psychology of argumentation suggests that people are prone to fallacies and suboptimal performance in generating, comprehending, and evaluating arguments. Reasoning and argumentation are interrelated skills that use many of the same cognitive processes. The processes we use to convince others are also used to convince ourselves. Argumentation would be ineffective if we couldn't reason for ourselves.

William Rehg believes that the ‘science wars’ of recent times make it acutely necessary that ‘reasonable’ or ‘cogent’ standards for the assessment of scientific claims find acceptance among the various constituencies of the debate. He see ‘Kuhn’s gap’ — the mutual estrangement of philosophy of science from empirical science studies — as lamentable and seeks to bridge these disciplines via ‘argumentation theory’ inspired by the philosophy of Jürgen Habermas. While the use of argumentation theory helps illuminate the complexities (...) of scientific practices of assessment, it may not be enough to engineer the interdisciplinary cooperation Rehg desires. (shrink)