Argumentative dialogue
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Argumentation theory, or argumentation, is the interdisciplinary study of how conclusions can be supported or undermined by
premise A premise or premiss is a true or false statement that helps form the body of an argument, which logically leads to a true or false conclusion. A premise makes a declarative statement about its subject matter which enables a reader to either agre ...
s through
logical reasoning Two kinds of logical reasoning are often distinguished in addition to formal deduction: induction and abduction. Given a precondition or ''premise'', a conclusion or ''logical consequence'' and a rule or ''material conditional'' that implies the ...
. With historical origins in
logic Logic is the study of correct reasoning. It includes both formal and informal logic. Formal logic is the science of deductively valid inferences or of logical truths. It is a formal science investigating how conclusions follow from premise ...
, dialectic, and rhetoric, argumentation theory, includes the arts and sciences of civil debate, dialogue, conversation, and persuasion. It studies rules of inference,
logic Logic is the study of correct reasoning. It includes both formal and informal logic. Formal logic is the science of deductively valid inferences or of logical truths. It is a formal science investigating how conclusions follow from premise ...
, and procedural rules in both
artificial Artificiality (the state of being artificial or manmade) is the state of being the product of intentional human manufacture, rather than occurring naturally through processes not involving or requiring human activity. Connotations Artificiality ...
and real-world settings. Argumentation includes various forms of dialogue such as deliberation and
negotiation Negotiation is a dialogue between two or more people or parties to reach the desired outcome regarding one or more issues of conflict. It is an interaction between entities who aspire to agree on matters of mutual interest. The agreement c ...
which are concerned with collaborative decision-making procedures. It also encompasses
eristic In philosophy and rhetoric, eristic (from '' Eris'', the ancient Greek goddess of chaos, strife, and discord) refers to an argument that aims to successfully dispute another's argument, rather than searching for truth. According to T.H. Irwin, "It ...
dialog, the branch of social debate in which victory over an opponent is the primary goal, and didactic dialogue used for teaching. This discipline also studies the means by which people can express and rationally resolve or at least manage their disagreements. Argumentation is a daily occurrence, such as in
public debate :''for debate among the public, see Public sphere'' Public debate may mean simply debating by the public, or in public. The term is also used for a particular formal style of debate in a competitive or educational context. Two teams of two compe ...
,
science Science is a systematic endeavor that Scientific method, builds and organizes knowledge in the form of Testability, testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earli ...
, and
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. For example in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
, in
courts A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accorda ...
by the judge, the parties and the prosecutor, in presenting and testing the validity of evidences. Also, argumentation scholars study the ''post hoc'' rationalizations by which organizational actors try to justify decisions they have made irrationally. Argumentation is one of four
rhetorical modes The rhetorical modes (also known as modes of discourse) are a long-standing attempt to broadly classify the major kinds of language-based communication, particularly writing and Speech, speaking, into Narrative, narration, description, Exposition ...
(also known as ''modes of discourse''), along with
exposition Exposition (also the French for exhibition) may refer to: *Universal exposition or World's Fair * Expository writing ** Exposition (narrative) * Exposition (music) *Trade fair A trade fair, also known as trade show, trade exhibition, or trade e ...
,
description Description is the pattern of narrative development that aims to make vivid a place, object, character, or group. Description is one of four rhetorical modes (also known as ''modes of discourse''), along with exposition, argumentation, and narra ...
, and
narration Narration is the use of a written or spoken commentary to convey a story to an audience. Narration is conveyed by a narrator: a specific person, or unspecified literary voice, developed by the creator of the story to deliver information to the ...
.


Key components of argumentation

Some key components of argumentation are: * Understanding and identifying arguments, either explicit or implied, and the goals of the participants in the different types of dialogue. * Identifying the
premises Premises are land and buildings together considered as a property. This usage arose from property owners finding the word in their title deeds, where it originally correctly meant "the aforementioned; what this document is about", from Latin ''pr ...
from which conclusions are derived. * Establishing the " burden of proof" – determining who made the initial claim and is thus responsible for providing evidence why his/her position merits acceptance. * For the one carrying the "burden of proof", the advocate, to marshal evidence for his/her position in order to convince or force the opponent's acceptance. The method by which this is accomplished is producing valid, sound, and
cogent The CoGeNT experiment has searched for dark matter. It uses a single germanium crystal (~100 grams) as a cryogenic detector for WIMP particles. CoGeNT has operated in the Soudan Underground Laboratory since 2009. Results Their first announ ...
arguments, devoid of weaknesses, and not easily attacked. * In a debate, fulfillment of the burden of proof creates a burden of rejoinder. One must try to identify faulty reasoning in the opponent's argument, to attack the reasons/premises of the argument, to provide counterexamples if possible, to identify any
fallacies A fallacy is the use of invalid or otherwise faulty reasoning, or "wrong moves," in the construction of an argument which may appear stronger than it really is if the fallacy is not spotted. The term in the Western intellectual tradition was intr ...
, and to show why a valid conclusion cannot be derived from the reasons provided for his/her argument. For example, consider the following exchange, illustrated by the
No true Scotsman No True Scotsman, or appeal to purity, is an informal fallacy in which one attempts to protect their universal generalization from a falsifying counterexample by excluding the counterexample improperly.Antony Flew, ''God & Philosophy''p. 104 Hutc ...
fallacy: : Argument: "No Scotsman puts sugar on his porridge." : Reply: "But my friend Angus likes sugar with his porridge." : Rebuttal: "Ah yes, but no true Scotsman puts sugar on his porridge." In this dialogue, the proposer first offers a premise, the premise is challenged by the interlocutor, and finally the proposer offers a modification of the premise. This exchange could be part of a larger discussion, for example a murder trial, in which the defendant is a Scotsman, and it had been established earlier that the murderer was eating sugared porridge when he or she committed the murder.


Internal structure of arguments

Typically an argument has an internal structure, comprising the following: # a set of assumptions or
premise A premise or premiss is a true or false statement that helps form the body of an argument, which logically leads to a true or false conclusion. A premise makes a declarative statement about its subject matter which enables a reader to either agre ...
s, # a method of reasoning or deduction, and # a conclusion or point. An argument has one or more premises and one conclusion. Often classical logic is used as the method of reasoning so that the conclusion follows logically from the assumptions or support. One challenge is that if the set of assumptions is inconsistent then anything can follow logically from inconsistency. Therefore, it is common to insist that the set of assumptions be consistent. It is also good practice to require the set of assumptions to be the minimal set, with respect to set inclusion, necessary to infer the consequent. Such arguments are called MINCON arguments, short for minimal consistent. Such argumentation has been applied to the fields of law and medicine. A non-classical approach to argumentation investigates abstract arguments, where 'argument' is considered a primitive term, so no internal structure of arguments is taken into account.


Types of dialogue

In its most common form, argumentation involves an individual and an interlocutor or opponent engaged in dialogue, each contending differing positions and trying to persuade each other, but there are various types of dialogue: * Persuasion dialogue aims to resolve conflicting points of view of different positions. *
Negotiation Negotiation is a dialogue between two or more people or parties to reach the desired outcome regarding one or more issues of conflict. It is an interaction between entities who aspire to agree on matters of mutual interest. The agreement c ...
aims to resolve conflicts of interests by cooperation and dealmaking. * Inquiry aims to resolve general ignorance by the growth of knowledge. * Deliberation aims to resolve a need to take action by reaching a decision. *
Information seeking Information seeking is the process or activity of attempting to obtain information in both human and technological contexts. Information seeking is related to, but different from, information retrieval (IR). Compared to information retrieval T ...
aims to reduce one party's ignorance by requesting information from another party that is in a position to know something. *
Eristic In philosophy and rhetoric, eristic (from '' Eris'', the ancient Greek goddess of chaos, strife, and discord) refers to an argument that aims to successfully dispute another's argument, rather than searching for truth. According to T.H. Irwin, "It ...
aims to resolve a situation of antagonism through verbal fighting.


Argumentation and the grounds of knowledge

Argumentation theory had its origins in foundationalism, a theory of knowledge (
epistemology Epistemology (; ), or the theory of knowledge, is the branch of philosophy concerned with knowledge. Epistemology is considered a major subfield of philosophy, along with other major subfields such as ethics, logic, and metaphysics. Epis ...
) in the field of philosophy. It sought to find the grounds for claims in the forms (logic) and materials (factual laws) of a universal system of knowledge. The dialectical method was made famous by
Plato Plato ( ; grc-gre, Πλάτων ; 428/427 or 424/423 – 348/347 BC) was a Greek philosopher born in Athens during the Classical period in Ancient Greece. He founded the Platonist school of thought and the Academy, the first institution ...
and his use of
Socrates Socrates (; ; –399 BC) was a Greek philosopher from Athens who is credited as the founder of Western philosophy and among the first moral philosophers of the ethical tradition of thought. An enigmatic figure, Socrates authored no te ...
critically questioning various characters and historical figures. But argument scholars gradually rejected
Aristotle Aristotle (; grc-gre, Ἀριστοτέλης ''Aristotélēs'', ; 384–322 BC) was a Greek philosopher and polymath during the Classical period in Ancient Greece. Taught by Plato, he was the founder of the Peripatetic school of ph ...
's systematic philosophy and the
idealism In philosophy, the term idealism identifies and describes metaphysical perspectives which assert that reality is indistinguishable and inseparable from perception and understanding; that reality is a mental construct closely connected t ...
in Plato and
Kant Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aest ...
. They questioned and ultimately discarded the idea that argument premises take their soundness from formal philosophical systems. The field thus broadened. One of the original contributors to this trend was the philosopher
Chaim Perelman The name ''Haim'' can be a first name or surname originating in the Hebrew language, or deriving from the Old German name '' Haimo''. Hebrew etymology Chayyim ( he, חַיִּים ', Classical Hebrew: , Israeli Hebrew: ), also transcribed ''Ha ...
, who together with
Lucie Olbrechts-Tyteca Lucie Olbrechts-Tyteca (1899–1987) was a Belgian academic and longtime co-worker of the philosopher Chaïm Perelman. She volunteered in 1948 to support his work and developed several aspects of the ''New Rhetoric'' independently in later years. ...
introduced the French term ''la nouvelle rhetorique'' in 1958 to describe an approach to argument which is not reduced to application of formal rules of inference. Perelman's view of argumentation is much closer to a juridical one, in which rules for presenting evidence and rebuttals play an important role. Karl R. Wallace's seminal essay, "The Substance of Rhetoric: Good Reasons" in the ''Quarterly Journal of Speech'' (1963) 44, led many scholars to study "marketplace argumentation" – the ordinary arguments of ordinary people. The seminal essay on marketplace argumentation is Ray Lynn Anderson's and C. David Mortensen's "Logic and Marketplace Argumentation" ''Quarterly Journal of Speech'' 53 (1967): 143–150. This line of thinking led to a natural alliance with late developments in the
sociology of knowledge The sociology of knowledge is the study of the relationship between human thought and the social context within which it arises, and the effects that prevailing ideas have on societies. It is not a specialized area of sociology. Instead, it deal ...
. Some scholars drew connections with recent developments in philosophy, namely the
pragmatism Pragmatism is a philosophical tradition that considers words and thought as tools and instruments for prediction, problem solving, and action, and rejects the idea that the function of thought is to describe, represent, or mirror reality. ...
of John Dewey and
Richard Rorty Richard McKay Rorty (October 4, 1931 – June 8, 2007) was an American philosopher. Educated at the University of Chicago and Yale University, he had strong interests and training in both the history of philosophy and in contemporary analytic ...
. Rorty has called this shift in emphasis "the
linguistic turn The linguistic turn was a major development in Western philosophy during the early 20th century, the most important characteristic of which is the focusing of philosophy and the other humanities primarily on the relations between language, langua ...
". In this new hybrid approach argumentation is used with or without empirical evidence to establish convincing conclusions about issues which are moral, scientific, epistemic, or of a nature in which science alone cannot answer. Out of pragmatism and many intellectual developments in the humanities and social sciences, "non-philosophical" argumentation theories grew which located the formal and material grounds of arguments in particular intellectual fields. These theories include informal logic,
social epistemology Social epistemology refers to a broad set of approaches that can be taken in epistemology (the study of knowledge) that construes human knowledge as a collective achievement. Another way of characterizing social epistemology is as the evaluation o ...
,
ethnomethodology Ethnomethodology is the study of how social order is produced in and through processes of social interaction.Garfinkel, H. (1974) 'The origins of the term ethnomethodology', in R.Turner (Ed.) Ethnomethodology, Penguin, Harmondsworth, pp 15–18. I ...
,
speech acts Speech is a human vocal communication using language. Each language uses phonetic combinations of vowel and consonant sounds that form the sound of its words (that is, all English words sound different from all French words, even if they are th ...
, the sociology of knowledge, the
sociology of science The sociology of scientific knowledge (SSK) is the study of science as a social activity, especially dealing with "the social conditions and effects of science, and with the social structures and processes of scientific activity." The sociolog ...
, and
social psychology Social psychology is the scientific study of how thoughts, feelings, and behaviors are influenced by the real or imagined presence of other people or by social norms. Social psychologists typically explain human behavior as a result of the ...
. These new theories are not non-logical or anti-logical. They find logical coherence in most communities of discourse. These theories are thus often labeled "sociological" in that they focus on the social grounds of knowledge.


Approaches to argumentation in communication and informal logic

In general, the label "argumentation" is used by communication scholars such as (to name only a few) Wayne E. Brockriede, Douglas Ehninger, Joseph W. Wenzel, Richard Rieke, Gordon Mitchell, Carol Winkler, Eric Gander, Dennis S. Gouran, Daniel J. O'Keefe, Mark Aakhus, Bruce Gronbeck, James Klumpp,
G. Thomas Goodnight G. Thomas Goodnight is an American argumentation and rhetorical scholar. Early life and education Goodnight was born in 1948 in Houston, Texas. He obtained a Bachelor of Science degree in political science from the University of Houston, in 1971 ...
, Robin Rowland, Dale Hample, C. Scott Jacobs, Sally Jackson,
David Zarefsky David H. Zarefsky (born 1946) is an American communication scholar with research specialties in rhetorical history and criticism. He is professor emeritus at Northwestern University. He is a past president of the National Communication Association ...
, and Charles Arthur Willard, while the term " informal logic" is preferred by philosophers, stemming from
University of Windsor , mottoeng = Goodness, Discipline and Knowledge , established = , academic_affiliations = CARL, COU, Universities Canada , former_names = Assumption College (1857-1956)Assumption University of Windsor (1956-1963) , type = Public universi ...
philosophers Ralph H. Johnson and J. Anthony Blair. Harald Wohlrapp developed a criterion for ''validness'' (Geltung, Gültigkeit) as ''freedom of objections''. Trudy Govier,
Douglas N. Walton Douglas Neil Walton (2 June 1942 – 3 January 2020) was a Canadian academic and author, known for his books and papers on argumentation, logical fallacies and informal logic. He was a Distinguished Research Fellow of the Centre for Research in ...
, Michael Gilbert, Harvey Seigal,
Michael Scriven Michael John Scriven (; born 1928) is a British-born Australian polymath and academic philosopher, best known for his contributions to the theory and practice of evaluation. Biography Scriven was born in the UK and grew up in Melbourne, Austra ...
, and John Woods (to name only a few) are other prominent authors in this tradition. Over the past thirty years, however, scholars from several disciplines have co-mingled at international conferences such as that hosted by the
University of Amsterdam The University of Amsterdam (abbreviated as UvA, nl, Universiteit van Amsterdam) is a public research university located in Amsterdam, Netherlands. The UvA is one of two large, publicly funded research universities in the city, the other being ...
(the Netherlands) and the International Society for the Study of Argumentation (ISSA). Other international conferences are the biannual conference held at Alta, Utah sponsored by the (US)
National Communication Association The National Communication Association (NCA) is a not-for-profit association of academics in the field of communication. Organization NCA is governed by the Legislative Assembly, which meets during the NCA Annual Convention. Between annual me ...
and
American Forensics Association The American Forensic Association is an American organisation which promotes and supports competitive debating and public speaking in high schools and colleges in the United States. Members *Cross Examination Debate Association *National Parliame ...
and conferences sponsored by the Ontario Society for the Study of Argumentation (OSSA). Some scholars (such as Ralph H. Johnson) construe the term "argument" narrowly, as exclusively written discourse or even discourse in which all premises are explicit. Others (such as Michael Gilbert) construe the term "argument" broadly, to include spoken and even nonverbal discourse, for instance the degree to which a war memorial or propaganda poster can be said to argue or "make arguments". The philosopher Stephen Toulmin has said that an argument is a claim on our attention and belief, a view that would seem to authorize treating, say, propaganda posters as arguments. The dispute between broad and narrow theorists is of long standing and is unlikely to be settled. The views of the majority of argumentation theorists and analysts fall somewhere between these two extremes.


Kinds of argumentation


Conversational argumentation

The study of naturally occurring conversation arose from the field of sociolinguistics. It is usually called ''conversation analysis'' (CA). Inspired by ethnomethodology, it was developed in the late 1960s and early 1970s principally by the sociologist
Harvey Sacks Harvey Sacks (July 19, 1935 – November 14, 1975) was an American sociologist influenced by the ethnomethodology tradition. He pioneered extremely detailed studies of the way people use language in everyday life. Despite his early death in ...
and, among others, his close associates
Emanuel Schegloff Emanuel Abraham Schegloff (born 1937 in New York) is a Distinguished Professor of Sociology at the University of California at Los Angeles. Along with his collaborators Harvey Sacks and Gail Jefferson, Schegloff is regarded as the creator of the f ...
and
Gail Jefferson Gail Jefferson (22 April 1938 – 21 February 2008) was an American sociologist with an emphasis in sociolinguistics. She was, along with Harvey Sacks and Emanuel Schegloff, one of the founders of the area of research known as conversation analysi ...
. Sacks died early in his career, but his work was championed by others in his field, and CA has now become an established force in sociology, anthropology, linguistics, speech-communication and psychology. It is particularly influential in interactional sociolinguistics, discourse analysis and discursive psychology, as well as being a coherent discipline in its own right. Recently CA techniques of sequential analysis have been employed by phoneticians to explore the fine
phonetic Phonetics is a branch of linguistics that studies how humans produce and perceive sounds, or in the case of sign languages, the equivalent aspects of sign. Linguists who specialize in studying the physical properties of speech are phoneticians. ...
details of speech. Empirical studies and theoretical formulations by Sally Jackson and Scott Jacobs, and several generations of their students, have described argumentation as a form of managing conversational disagreement within communication contexts and systems that naturally prefer agreement.


Mathematical argumentation

The basis of mathematical truth has been the subject of long debate.
Frege Friedrich Ludwig Gottlob Frege (; ; 8 November 1848 – 26 July 1925) was a German philosopher, logician, and mathematician. He was a mathematics professor at the University of Jena, and is understood by many to be the father of analytic ph ...
in particular sought to demonstrate (see Gottlob Frege,
The Foundations of Arithmetic ''The Foundations of Arithmetic'' (german: Die Grundlagen der Arithmetik) is a book by Gottlob Frege, published in 1884, which investigates the philosophical foundations of arithmetic. Frege refutes other theories of number and develops his own t ...
, 1884, and ''
Begriffsschrift ''Begriffsschrift'' (German for, roughly, "concept-script") is a book on logic by Gottlob Frege, published in 1879, and the formal system set out in that book. ''Begriffsschrift'' is usually translated as ''concept writing'' or ''concept notatio ...
'', 1879) that arithmetical truths can be derived from purely logical axioms and therefore are, in the end,
logical truth Logical truth is one of the most fundamental concepts in logic. Broadly speaking, a logical truth is a statement which is true regardless of the truth or falsity of its constituent propositions. In other words, a logical truth is a statement whic ...
s. The project was developed by Russell and Whitehead in their ''
Principia Mathematica The ''Principia Mathematica'' (often abbreviated ''PM'') is a three-volume work on the foundations of mathematics written by mathematician–philosophers Alfred North Whitehead and Bertrand Russell and published in 1910, 1912, and 1913. ...
''. If an argument can be cast in the form of sentences in symbolic logic, then it can be tested by the application of accepted proof procedures. This was carried out for arithmetic using
Peano axioms In mathematical logic, the Peano axioms, also known as the Dedekind–Peano axioms or the Peano postulates, are axioms for the natural numbers presented by the 19th century Italian mathematician Giuseppe Peano. These axioms have been used nearly ...
, and the foundation most commonly used for most modern mathematics is Zermelo-Fraenkel set theory, with or without the
Axiom of Choice In mathematics, the axiom of choice, or AC, is an axiom of set theory equivalent to the statement that ''a Cartesian product of a collection of non-empty sets is non-empty''. Informally put, the axiom of choice says that given any collection ...
. Be that as it may, an argument in mathematics, as in any other discipline, can be considered valid only if it can be shown that it cannot have true premises and a false conclusion.


Scientific argumentation

Perhaps the most radical statement of the social grounds of scientific knowledge appears in Alan G.Gross's ''The Rhetoric of Science'' (Cambridge: Harvard University Press, 1990). Gross holds that science is rhetorical "without remainder", meaning that scientific knowledge itself cannot be seen as an idealized ground of knowledge. Scientific knowledge is produced rhetorically, meaning that it has special epistemic authority only insofar as its communal methods of verification are trustworthy. This thinking represents an almost complete rejection of the foundationalism on which argumentation was first based.


Interpretive argumentation

Interpretive argumentation is a dialogical process in which participants explore and/or
resolve Resolve may refer to: * ''Resolve'' (Lagwagon album) * ''Resolve'' (Last Tuesday album) * "Resolve" (song), by the Foo Fighters *'' The Resolve'', a 1915 American silent short drama film * "Resolve" (''One Tree Hill'' episode) *''Resolve'', a Brit ...
interpretations often of a
text Text may refer to: Written word * Text (literary theory), any object that can be read, including: **Religious text, a writing that a religious tradition considers to be sacred **Text, a verse or passage from scripture used in expository preachin ...
of any medium containing significant ambiguity in meaning. Interpretive argumentation is pertinent to the humanities,
hermeneutics Hermeneutics () is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretative principles or methods used when immediate ...
, literary theory,
linguistics Linguistics is the science, scientific study of human language. It is called a scientific study because it entails a comprehensive, systematic, objective, and precise analysis of all aspects of language, particularly its nature and structure ...
,
semantics Semantics (from grc, σημαντικός ''sēmantikós'', "significant") is the study of reference, meaning, or truth. The term can be used to refer to subfields of several distinct disciplines, including philosophy, linguistics and comp ...
,
pragmatics In linguistics and related fields, pragmatics is the study of how context contributes to meaning. The field of study evaluates how human language is utilized in social interactions, as well as the relationship between the interpreter and the in ...
,
semiotics Semiotics (also called semiotic studies) is the systematic study of sign processes ( semiosis) and meaning making. Semiosis is any activity, conduct, or process that involves signs, where a sign is defined as anything that communicates something ...
, analytic philosophy and
aesthetics Aesthetics, or esthetics, is a branch of philosophy that deals with the nature of beauty and taste, as well as the philosophy of art (its own area of philosophy that comes out of aesthetics). It examines aesthetic values, often expressed t ...
. Topics in conceptual interpretation include aesthetic,
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
,
logical Logic is the study of correct reasoning. It includes both formal and informal logic. Formal logic is the science of deductively valid inferences or of logical truths. It is a formal science investigating how conclusions follow from premises ...
and
religious Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...
interpretation. Topics in scientific interpretation include
scientific modeling Scientific modelling is a scientific activity, the aim of which is to make a particular part or feature of the world easier to understand, define, quantify, visualize, or simulate by referencing it to existing and usually commonly accepted ...
.


Legal argumentation


By lawyers

Legal arguments are spoken presentations to a judge or
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
by a lawyer, or parties when representing themselves of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. A closing argument, or summation, is the concluding statement of each party's counsel reiterating the important arguments for the
trier of fact A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence present ...
, often the jury, in a court case. A closing argument occurs after the presentation of evidence.


By judges

A
judicial opinion A judicial opinion is a form of legal opinion written by a judge or a judicial panel in the course of resolving a legal dispute, providing the decision reached to resolve the dispute, and usually indicating the facts which led to the dispute and ...
or legal opinion is in certain
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
s a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale (justification) and legal principles for the ruling. It cites the decision reached to
resolve Resolve may refer to: * ''Resolve'' (Lagwagon album) * ''Resolve'' (Last Tuesday album) * "Resolve" (song), by the Foo Fighters *'' The Resolve'', a 1915 American silent short drama film * "Resolve" (''One Tree Hill'' episode) *''Resolve'', a Brit ...
the dispute. A judicial opinion usually includes the
reasons In the most general terms, a reason is a consideration which justifies or explains an action, a belief, an attitude, or a fact. ''Normative reasons'' are what people appeal to when making arguments about what people should do or believe. For exa ...
behind the decision. Where there are three or more judges, it may take the form of a majority opinion, minority opinion or a
concurring opinion In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their deci ...
.


Political argumentation

Political arguments are used by academics, media pundits, candidates for political office and government officials. Political arguments are also used by citizens in ordinary interactions to comment about and understand political events. The rationality of the public is a major question in this line of research. Political scientist Samuel L. Popkin coined the expression "
low information voter Low information voters, also known as misinformation voters, are people who may vote yet are generally poorly informed about issues. The phrase is mainly used in the United States and has become popular since the mid-1990s. Origins American poll ...
s" to describe most voters who know very little about politics or the world in general. In practice, a "
low information voter Low information voters, also known as misinformation voters, are people who may vote yet are generally poorly informed about issues. The phrase is mainly used in the United States and has become popular since the mid-1990s. Origins American poll ...
" may not be aware of legislation that their representative has sponsored in Congress. A low-information voter may base their ballot box decision on a media sound-bite, or a flier received in the mail. It is possible for a media sound-bite or campaign flier to present a political position for the
incumbent The incumbent is the current holder of an office or position, usually in relation to an election. In an election for president, the incumbent is the person holding or acting in the office of president before the election, whether seeking re-ele ...
candidate that completely contradicts the legislative action taken in the Capitol on behalf of the constituents. It may only take a small percentage of the overall voting group who base their decision on the inaccurate information to form a voter bloc large enough to swing an overall election result. When this happens, the constituency at large may have been duped or fooled. Nevertheless, the election result is legal and confirmed. Savvy Political consultants will take advantage of low-information voters and sway their votes with
disinformation Disinformation is false information deliberately spread to deceive people. It is sometimes confused with misinformation, which is false information but is not deliberate. The English word ''disinformation'' comes from the application of the L ...
and
fake news Fake news is false or misleading information presented as news. Fake news often has the aim of damaging the reputation of a person or entity, or making money through advertising revenue.Schlesinger, Robert (April 14, 2017)"Fake news in reality ...
because it can be easier and sufficiently effective.
Fact checker Fact-checking is the process of verifying factual information, in order to promote the veracity and correctness of reporting. Fact-checking can be conducted before (''ante hoc'') or after (''post hoc'') the text is published or otherwise dissem ...
s have come about in recent years to help counter the effects of such campaign tactics.


Psychological aspects

Psychology Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries between ...
has long studied the non-logical aspects of argumentation. For example, studies have shown that simple repetition of an idea is often a more effective method of argumentation than appeals to reason. Propaganda often utilizes repetition. "Repeat a lie often enough and it becomes the truth" is a law of propaganda often attributed to the
Nazi Nazism ( ; german: Nazismus), the common name in English for National Socialism (german: Nationalsozialismus, ), is the far-right totalitarian political ideology and practices associated with Adolf Hitler and the Nazi Party (NSDAP) in ...
politician Joseph Goebbels. Nazi rhetoric has been studied extensively as, inter alia, a repetition campaign. Empirical studies of communicator credibility and attractiveness, sometimes labeled ''charisma,'' have also been tied closely to empirically-occurring arguments. Such studies bring argumentation within the ambit of persuasion theory and practice. Some psychologists such as William J. McGuire believe that the syllogism is the basic unit of human reasoning. They have produced a large body of empirical work around McGuire's famous title "A Syllogistic Analysis of Cognitive Relationships". A central line of this way of thinking is that logic is contaminated by psychological variables such as "wishful thinking", in which subjects confound the likelihood of predictions with the desirability of the predictions. People hear what they want to hear and see what they expect to see. If planners want something to happen they see it as likely to happen. If they hope something will not happen, they see it as unlikely to happen. Thus smokers think that they personally will avoid cancer, promiscuous people practice unsafe sex, and teenagers drive recklessly.


Theories


Argument fields

Stephen Toulmin and Charles Arthur Willard have championed the idea of argument fields, the former drawing upon Ludwig Wittgenstein's notion of
language games A language game (also called a cant, secret language, ludling, or argot) is a system of manipulating spoken words to render them incomprehensible to an untrained listener. Language games are used primarily by groups attempting to conceal their c ...
, (Sprachspiel) the latter drawing from communication and argumentation theory, sociology, political science, and social epistemology. For Toulmin, the term "field" designates discourses within which arguments and factual claims are grounded. For Willard, the term "field" is interchangeable with "community", "audience", or "readership". Similarly, G. Thomas Goodnight has studied "spheres" of argument and sparked a large literature created by younger scholars responding to or using his ideas. The general tenor of these field theories is that the premises of arguments take their meaning from social communities.


Stephen E. Toulmin's contributions

The most influential theorist has been Stephen Toulmin, the
Cambridge Cambridge ( ) is a College town, university city and the county town in Cambridgeshire, England. It is located on the River Cam approximately north of London. As of the 2021 United Kingdom census, the population of Cambridge was 145,700. Cam ...
educated philosopher and educator, best known for his Toulmin model of argument. What follows below is a sketch of his ideas.


An alternative to absolutism and relativism


Toulmin model of argument


The evolution of knowledge


Pragma-dialectics

Scholars at the
University of Amsterdam The University of Amsterdam (abbreviated as UvA, nl, Universiteit van Amsterdam) is a public research university located in Amsterdam, Netherlands. The UvA is one of two large, publicly funded research universities in the city, the other being ...
in the Netherlands have pioneered a rigorous modern version of dialectic under the name ''pragma-dialectics''. The intuitive idea is to formulate clear-cut rules that, if followed, will yield reasonable discussion and sound conclusions. Frans H. van Eemeren, the late Rob Grootendorst, and many of their students and co-authors have produced a large body of work expounding this idea. The dialectical conception of reasonableness is given by ten rules for critical discussion, all being instrumental for achieving a resolution of the difference of opinion (from Van Eemeren, Grootendorst, & Snoeck Henkemans, 2002, p. 182-183). The theory postulates this as an ideal model, and not something one expects to find as an empirical fact. The model can however serve as an important
heuristic A heuristic (; ), or heuristic technique, is any approach to problem solving or self-discovery that employs a practical method that is not guaranteed to be optimal, perfect, or rational, but is nevertheless sufficient for reaching an immediate ...
and critical tool for testing how reality approximates this ideal and point to where discourse goes wrong, that is, when the rules are violated. Any such violation will constitute a fallacy. Albeit not primarily focused on fallacies, pragma-dialectics provides a systematic approach to deal with them in a coherent way. Van Eemeren and Grootendorst identified four stages of argumentative dialogue. These stages can be regarded as an argument protocol. In a somewhat loose interpretation, the stages are as follows: * Confrontation stage: Presentation of the difference of opinion, such as a debate question or a political disagreement. * Opening stage: Agreement on material and procedural starting points, the mutually acceptable common ground of facts and beliefs, and the rules to be followed during the discussion (such as, how evidence is to be presented, and determination of closing conditions). * Argumentation stage: Presentation of reasons for and against the standpoint(s) at issue, through application of logical and common-sense principles according to the agreed-upon rules * Concluding stage: Determining whether the standpoint has withstood reasonable criticism, and accepting it is justified. This occurs when the termination conditions are met (Among these could be, for example, a time limitation or the determination of an arbiter.) Van Eemeren and Grootendorst provide a detailed list of rules that must be applied at each stage of the protocol. Moreover, in the account of argumentation given by these authors, there are specified roles of protagonist and antagonist in the protocol which are determined by the conditions which set up the need for argument.


Walton's logical argumentation method

Douglas N. Walton Douglas Neil Walton (2 June 1942 – 3 January 2020) was a Canadian academic and author, known for his books and papers on argumentation, logical fallacies and informal logic. He was a Distinguished Research Fellow of the Centre for Research in ...
developed a distinctive philosophical theory of logical argumentation built around a set of practical methods to help a user identify, analyze and evaluate arguments in everyday conversational discourse and in more structured areas such as debate, law and scientific fields. There are four main components:
argumentation scheme In argumentation theory, an argumentation scheme or argument scheme is a template that represents a common type of argument used in ordinary conversation. Many different argumentation schemes have been identified. Each one has a name (for example, ...
s, dialogue structures,
argument map An argument map or argument diagram is a visual representation of the structure of an argument. An argument map typically includes the key components of the argument, traditionally called the '' conclusion'' and the ''premises'', also called ''con ...
ping tools, and formal argumentation systems. The method uses the notion of commitment in dialogue as the fundamental tool for the analysis and evaluation of argumentation rather than the notion of belief. Commitments are statements that the agent has expressed or formulated, and has pledged to carry out, or has publicly asserted. According to the commitment model, agents interact with each other in a dialogue in which each takes its turn to contribute speech acts. The dialogue framework uses critical questioning as a way of testing plausible explanations and finding weak points in an argument that raise doubt concerning the acceptability of the argument. Walton's logical argumentation model took a view of proof and justification different from analytic philosophy's dominant
epistemology Epistemology (; ), or the theory of knowledge, is the branch of philosophy concerned with knowledge. Epistemology is considered a major subfield of philosophy, along with other major subfields such as ethics, logic, and metaphysics. Epis ...
, which was based on a
justified true belief Definitions of knowledge try to determine the essential features of knowledge. Closely related terms are conception of knowledge, theory of knowledge, and analysis of knowledge. Some general features of knowledge are widely accepted among philoso ...
framework. In the logical argumentation approach, knowledge is seen as form of belief commitment firmly fixed by an argumentation procedure that tests the evidence on both sides, and uses standards of proof to determine whether a proposition qualifies as knowledge. In this evidence-based approach, knowledge must be seen as defeasible.


Artificial intelligence

Efforts have been made within the field of
artificial intelligence Artificial intelligence (AI) is intelligence—perceiving, synthesizing, and inferring information—demonstrated by machines, as opposed to intelligence displayed by animals and humans. Example tasks in which this is done include speech r ...
to perform and analyze the act of argumentation with computers. Argumentation has been used to provide a proof-theoretic
semantics Semantics (from grc, σημαντικός ''sēmantikós'', "significant") is the study of reference, meaning, or truth. The term can be used to refer to subfields of several distinct disciplines, including philosophy, linguistics and comp ...
for
non-monotonic logic A non-monotonic logic is a formal logic whose conclusion relation is not monotonic. In other words, non-monotonic logics are devised to capture and represent defeasible inferences (cf. defeasible reasoning), i.e., a kind of inference in which re ...
, starting with the influential work of Dung (1995). Computational argumentation systems have found particular application in domains where formal logic and classical
decision theory Decision theory (or the theory of choice; not to be confused with choice theory) is a branch of applied probability theory concerned with the theory of making decisions based on assigning probabilities to various factors and assigning numerical ...
are unable to capture the richness of reasoning, domains such as law and medicine. In ''Elements of Argumentation'', Philippe Besnard and Anthony Hunter show how classical logic-based techniques can be used to capture key elements of practical argumentation. Within computer science, the ArgMAS workshop series (Argumentation in Multi-Agent Systems), the CMNA workshop series, and now the COMMA Conference, are regular annual events attracting participants from every continent. The journal ''Argument & Computation'' is dedicated to exploring the intersection between argumentation and computer science. ArgMining is a workshop series dedicated specifically to the related
argument mining Argument mining, or argumentation mining, is a research area within the natural-language processing field. The goal of argument mining is the automatic extraction and identification of argumentative structures from natural language text with the a ...
task.


See also

* Argument * ''
Argumentum a fortiori ''Argumentum a fortiori'' (literally "argument from the stronger eason) (, ) is a form of argumentation that draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be implicit in, and even more cer ...
'' * Criticism * Critical thinking *
Defeasible reasoning In philosophical logic, defeasible reasoning is a kind of reasoning that is rationally compelling, though not deductive reasoning, deductively valid. It usually occurs when a rule is given, but there may be specific exceptions to the rule, or su ...
* Dialectic * Discourse ethics *
Essentially contested concept In a paper delivered to the Aristotelian Society on 12 March 1956, Walter Bryce Gallie (1912–1998) introduced the term ''essentially contested concept'' to facilitate an understanding of the different applications or interpretations of the so ...
* Forensics *
Legal theory Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
*
Logic and dialectic Formal scientists have attempted to combine logic and dialectic through formalisation. These attempts include pre-formal and partially formal treatises on argument and dialectic, systems based on defeasible reasoning, and systems based on game ...
*
Logic of argumentation The logic of argumentation (LA) is a formalised description of the ways in which humans reason and argue about propositions. It is used, for example, in computer artificial intelligence systems in the fields of medical diagnosis and prognosis, ...
*
Logical reasoning Two kinds of logical reasoning are often distinguished in addition to formal deduction: induction and abduction. Given a precondition or ''premise'', a conclusion or ''logical consequence'' and a rule or ''material conditional'' that implies the ...
* Negotiation theory * ''Pars destruens'' and ''pars construens'' *
Public sphere The public sphere (german: Öffentlichkeit) is an area in social life where individuals can come together to freely discuss and identify societal problems, and through that discussion influence political action. A "Public" is "of or concerning the ...
* Rationality * Rhetoric *
Rogerian argument Rogerian argument (or Rogerian rhetoric) is a rhetorical and conflict resolution strategy based on empathizing with others, seeking common ground and mutual understanding and learning, while avoiding the negative effects of extreme attitude pola ...
* Social engineering (political science) *
Social psychology Social psychology is the scientific study of how thoughts, feelings, and behaviors are influenced by the real or imagined presence of other people or by social norms. Social psychologists typically explain human behavior as a result of the ...
*
Sophistry A sophist ( el, σοφιστής, sophistes) was a teacher in ancient Greece in the fifth and fourth centuries BC. Sophists specialized in one or more subject areas, such as philosophy, rhetoric, music, athletics, and mathematics. They taught ' ...
* Source criticism * '' Straight and Crooked Thinking''


References


Further reading

* J. Robert Cox and Charles Arthur Willard, eds. (1982). ''Advances in Argumentation Theory and Research''. * * Bondarenko, A., Dung, P. M., Kowalski, R., and Toni, F. (1997). "An abstract, argumentation-theoretic approach to default reasoning", ''Artificial Intelligence'' 93(1-2), 63-101. * Dung, P. M., Kowalski, R., and Toni, F. (2006). "Dialectic proof procedures for assumption-based, admissible argumentation." ''Artificial Intelligence.'' 170(2), 114-159. * Frans van Eemeren, Rob Grootendorst, Sally Jackson, and Scott Jacobs (1993). ''Reconstructing Argumentative Discourse'' * Frans van Eemeren & Rob Grootendorst (2004). ''A Systematic Theory of Argumentation: The Pragma-Dialectical Approach''. * Frans van Eemeren, Bart Garssen, Erik C. W. Krabbe, A. Francisca Snoeck Henkemans, Bart Verheij, & Jean H. M. Wagemans (2014). ''Handbook of Argumentation Theory'' (Revised edition). New York: Springer. * Richard H. Gaskins (1993). ''Burdens of Proof in Modern Discourse.''
Yale University Press Yale University Press is the university press of Yale University. It was founded in 1908 by George Parmly Day, and became an official department of Yale University in 1961, but it remains financially and operationally autonomous. , Yale Universi ...
. * Michael A. Gilbert (1997). ''Coalescent Argumentation''. * Trudy Govier (1987). ''Problems in Argument Analysis and Evaluation.'' Dordrecht, Holland; Providence, RI: Foris Publications. * Trudy Govier (2014). ''A Practical Study of Argument'', 7th ed. Australia; Boston, MA: Wadsworth/Cengage Learning. (First edition published 1985.) * Dale Hample. (1979). "Predicting belief and belief change using a cognitive theory of argument and evidence." ''Communication Monographs.'' 46, 142-146. * Dale Hample. (1978). "Are attitudes arguable?" ''Journal of Value Inquiry.'' 12, 311-312. * Dale Hample. (1978). "Predicting immediate belief change and adherence to argument claims." ''Communication Monographs,'' 45, 219-228. * Dale Hample & Judy Hample. (1978). "Evidence credibility." ''Debate Issues.'' 12, 4-5. * Dale Hample. (1977). "Testing a model of value argument and evidence." ''Communication Monographs.'' 14, 106-120. * Dale Hample. (1977). "The Toulmin model and the syllogism." ''Journal of the American Forensic Association.'' 14, 1-9. * Sally Jackson and Scott Jacobs, "Structure of Conversational Argument: Pragmatic Bases for the Enthymeme." ''The Quarterly Journal of Speech''. LXVI, 251-265. * Ralph H. Johnson. ''Manifest Rationality: A Pragmatic Theory of Argument.'' Lawrence Erlbaum, 2000. * Ralph H. Johnson. (1996). ''The Rise of Informal Logic''. Newport News, VA: Vale Press * Ralph H. Johnson. (1999). ''The Relation Between Formal and Informal Logic''. ''Argumentation'', 13(3) 265-74. * Ralph H. Johnson. & Blair, J. Anthony. (2006). ''Logical Self-Defense.''First published, McGraw Hill Ryerson, Toronto, ON, 1997, 1983, 1993. Reprinted, New York: Idebate Press. * Ralph H. Johnson. & Blair, J. Anthony. (1987). The current state of informal logic. ''Informal Logic'' 9, 147-51. * Ralph H. Johnson. & Blair, J. Anthony. (1996). Informal logic and critical thinking. In F. van Eemeren, R. Grootendorst, & F. Snoeck Henkemans (Eds.), ''Fundamentals of Argumentation Theory.'' (pp. 383–86). Mahwah, NJ: Lawrence Erlbaum Associates * Ralph H. Johnson, Ralph. H. & Blair, J. Anthony. (2000). "Informal logic: An overview." ''Informal Logic.'' 20(2): 93-99. * Ralph H. Johnson, Ralph. H. & Blair, J. Anthony. (2002). Informal logic and the reconfiguration of logic. In D. Gabbay, R. H. Johnson, H.-J. Ohlbach and J. Woods (Eds.). ''Handbook of the Logic of Argument and Inference: The Turn Towards the Practical''. (pp. 339–396). Elsevier: North Holland. *
Chaim Perelman The name ''Haim'' can be a first name or surname originating in the Hebrew language, or deriving from the Old German name '' Haimo''. Hebrew etymology Chayyim ( he, חַיִּים ', Classical Hebrew: , Israeli Hebrew: ), also transcribed ''Ha ...
and Lucie Olbrechts-Tyteca (1970). ''The New Rhetoric'', Notre Dame. * Stephen Toulmin (1958). ''The Uses of Argument''. * Stephen Toulmin (1964). ''The Place of Reason in Ethics''. *
Douglas N. Walton Douglas Neil Walton (2 June 1942 – 3 January 2020) was a Canadian academic and author, known for his books and papers on argumentation, logical fallacies and informal logic. He was a Distinguished Research Fellow of the Centre for Research in ...
(1990). ''Practical Reasoning: Goal-Driven, Knowledge-Based, Action-Guiding Argumentation''. Savage, MD: Rowman & Littlefield. * Douglas N. Walton (1992). ''The Place of Emotion in Argument''. University Park, PA: Pennsylvania State University Press. * Douglas N. Walton (1996). ''Argument Structure: A Pragmatic Theory''. Toronto: University of Toronto Press. * Douglas N. Walton (2006). ''Fundamentals of Critical Argumentation''. New York: Cambridge University Press. * Douglas N. Walton (2013). ''Methods of Argumentation''. New York: Cambridge University Press. * Douglas N. Walton (2016). ''Argument Evaluation and Evidence''. Cham: Springer * Joseph W. Wenzel (1990). Three perspectives on argumentation. In R Trapp and J Scheutz, (Eds.), ''Perspectives on argumentation: Essays in honour of Wayne Brockreide'' (9-26). Prospect Heights, IL: Waveland Press. * John Woods. (1980). What Is informal logic? In J.A. Blair & R. H. Johnson (Eds.), ''Informal Logic: The First International Symposium .''(pp. 57–68). Point Reyes, CA: Edgepress. * John Woods. (2000). How Philosophical Is Informal Logic? ''Informal Logic.'' 20(2): 139-167. 2000 * Charles Arthur Willard (1982). ''Argumentation and the Social Grounds of Knowledge''. University of Alabama Press. * Charles Arthur Willard (1989). ''A Theory of Argumentation''.
University of Alabama Press The University of Alabama Press is a university press founded in 1945 and is the scholarly publishing arm of the University of Alabama. An editorial board composed of representatives from all doctoral degree granting public universities within ...
. * Charles Arthur Willard (1996). ''Liberalism and the Problem of Knowledge: A New Rhetoric for Modern Democracy.'' University of Chicago Press. * Harald Wohlrapp (2008). ''Der Begriff des Arguments. Über die Beziehungen zwischen Wissen, Forschen, Glaube, Subjektivität und Vernunft''. Würzburg: Königshausen u. Neumann.


Flagship journals

* ''Argumentation'' * ''Argumentation in Context'' * ''Informal Logic'' * ''Argumentation and Advocacy'' (formerly ''Journal of the American Forensic Association'') * ''Social Epistemology'' * ''Episteme: A Journal of Social Epistemology'' * ''Journal of Argument and Computation'' {{DEFAULTSORT:Argumentation Theory Debating Arguments Logic Legal reasoning Social epistemology