ISSA Proceedings 2014 – Delineating The Reasonable And Rational For Humans

• by: Michael D. Baumtrog – ArgLab, IFL, Universidade Nova de Lisboa, Portugal

Abstract: The notions of “rational” and “reasonable” have much in common but are not synonymous. Conducting a review of the literature points to (at least) two distinct but related ideas as well as a middle “grey” area. This paper investigates and compares some characterizations of these notions and defends the view that focusing on reasonableness is best for those interested in human instances of reasoning and argumentation.

Keywords: argumentation theory, consistency, human, rational, reasonable.

1. Introduction
Glenn Greenwald, while speaking of his and his colleague Laura’s initial gut instinct affirming the credibility of the leaker who would later be revealed as Edward Snowden, explains that, “[r]easonably and rationally, Laura and I knew that our faith in the leaker’s veracity might have been misplaced” (2014, p. 13). Greenwald then goes on to offer reasons for this claim, such as not knowing the leaker’s name, recognizing the possibility that the leak could be an attempt at entrapment, or that the leaker could be someone just looking to ruin their credibility. As an accomplished journalist, author, and former litigator, Greenwald is no stranger to recognizing the importance of words, their definitions, and how they are received by his audience. Thus, I suspect he articulated the possibility of his and Laura’s error on both reasonable and rational grounds for a reason, even though he does not provide an explanation regarding the difference between them.

As van Eemeren and Grootendorst have pointed out, “[w]ords like “rational” and “reasonable” are used in and out of season in ordinary language. It is often unclear exactly what they are supposed to mean, and even if it is clear, the meaning is not always consistent” (2004, p. 123). Accordingly, the point of this paper is to investigate some of the differences between the ideas of the reasonable and rational from a philosophical perspective, but which I hope will also sound reasonable to the everyday language user. In what follows I will argue that there is some consistency in the two related but distinct ideas which emerge across a variety of texts. I will further argue that the notion of the rational is typically narrower than the notion of the reasonable and that those interested in investigating human reasoning and argumentation ought to focus on reasonableness. In order to proceed, I will start the second section by reviewing some characterizations of the notion of rationality. The third section, then, will discuss the notion of the reasonable, followed by a comparison of the two ideas in the fourth section. The conclusion will summarize the arguments presented and indicate avenues for future research. Read more

ISSA Proceedings 2014 – Testing The Relationship Between Argument And Culture

• by: Michael David Hazen - Department of Communication, Wake Forest University, USA

Abstract: This paper proposes a framework for testing the relationship between argument and culture. The framework is based on the ideas that: 1) the minimal requirement for what constitutes argument across different cultures is the idea of argument as “linkage”, and 2) that arguments can be conceptualized in terms of the context of messages. A short exploratory analysis of a data set is used to illustrate the framework.

Keywords: argument, contexts, culture, Edward Hall, linkages

1. Introduction
The relationship between argument and culture has not been a common topic of consideration in the field of argumentation. The traditional view was that argument was a universal process that fundamentally operated the same everywhere. In recent years, there has been an increased interest in the relationship between argument processes and culture, which has been manifest in an increasing use of “culture” in theoretical treatments of argumentation (e.g. Johnson, 2000), consideration of argument in non-Western traditions (Jensen, 1992; Combs, 2004), and studies of argumentation practices in various societies (Hornikx & Hoeken, 2007; Hazen & Inoue, 1991). However, even with this increased attention, what is missing in the literature is a systematic attempt to relate argument to culture. Read more

ISSA Proceedings 2014 – Deference, Distrust, And Delegation: Three Design Hypotheses

• by: Sally Jackson, Department of Communication, University of Illinois at Urbana-Champaign, USA

Abstract: A design hypothesis in argumentation is a broad notion about how argumentative practice can be shaped toward greater reasonableness. Different design hypotheses do not compete with one another in the way empirical hypotheses do; each may add to our overall rationality in some circumstance, and each may have unwanted by-products. The complicated controversy over childhood vaccination displays tensions among three quite different design hypotheses related to the role of expert opinion in decision-making.

Keywords: argument from authority, design theory, expertise, vaccination controversy.

1. Introduction
A central premise of a design theory of argumentation (Jackson, 2012) is that argumentation is a set of invented cultural practices that change over time to adjust to material circumstances, including the emergence of new communication technologies. A design perspective suggests that societies try out ideas about how to reach conclusions and agreements, embodying them in techniques and technical systems, some of which accrete to a durable set of reasoning practices, even though they may not be consistent with ideas that have already been added to the set. The result at any point in time is some collection of practices carried forward from the past, plus new, emerging ideas that must somehow co-exist with the old. Read more

ISSA Proceedings 2014 – An Epistemic Theory Of Argumentation For Intercultural Argumentative Dialogues

• by: Danny Marrero Avendaño - Department of Humanities, Universidad Jorge Tadeo Lozano, Bogotá, Colombia

Abstract: In scenarios of legal pluralism, adjudicators cannot always generalize their cognitive standards because some of the reasons put forward only make sense in a cultural context. How can the adjudicators assess arguments that make sense in a culturally different worldview? The answer for this should include a method for the evaluation of the culturally-dependent arguments. I will evaluate the main theories of epistemic justification looking for the most compelling answer for this question.

Keywords: Epistemological theories of argumentation, legal pluralism, argumentation in intercultural scenarios, theories of justification, adjudication

1. Introduction
I believe that scenarios of legal pluralism pose certain question to theories of argumentation. Broadly speaking, scenarios of legal pluralism are either legal communities where the cultural diversity of their populations is legally recognized and protected such as Australia (Mabo and Others v. Queensland 1992) Canada (Canadian Multicultural Act 1985) or Colombia (Const. 1991), or international tribunals where legal agents (e.g., judges, juries, prosecutors, defendants, witnesses, and so on) belong to culturally differentiated groups (Cryer 2007; Kelsall 2009). In scenarios of legal pluralism, some of the conflicts involve members of culturally differentiated groups who justify their allegations with arguments that only make sense in the culture to which they belong. If the adjudicator does not share the same cultural worldview as the parts under litigation, how can he/she come to make a decision determining the parties’ rights and obligations? Read more

ISSA Proceedings 2014 – Argumentation In Bulgarian Political Virtual Forums And Social Networks

• by: Ivanka Mavrodieva, Department of Rhetoric, Sofia University, Bulgaria

Abstract: This study examines specific features of the argumentation in virtual political forums and social networks. The subjects of research are political forums and Facebook groups as a part of the civil protests in Bulgaria over the period of two years (2012-2013). The main goal is investigation on arguments used by Bulgarian citizens in virtual dialogues, appropriateness and effectiveness of argumentation. The second goal includes survey of specific verbal, visual and multi-modal arguments used in the social networks.

Keywords: argumentation, visual and multi-modal arguments, political virtual forums, social networks

1. Introduction
The new Bulgarian state has reached 135 years of independent history and form of government since 1879. From 1945 to 1991 (during socialism) the form of government was a specific kind of republic (the People’s Republic of Bulgaria). The Constitution from July 1991 states that Bulgaria is a parliamentary representative democratic republic. The multi-party system was established after 45 years of socialist and totalitarian government. A transition towards a pluralistic and democratic society is taking place.

Bulgarian political communication plays a role in the civil society; it continues to be a function of the state institutions and political parties. Political and civil rhetoric practices and influence have immensely grown during the Bulgarian civil protests and demonstrations (1989, 1990, 1996–1997). Political communication has transformed since 2010 and Bulgarian citizens vow their demands in more definite forms combining direct, media and virtual channels. Bulgarian citizens largely use the Internet as a tool for increased social activities in the civil society. The participants in the protests in Bulgaria (2012–2013) use Facebook as an instrument of civic activity and acceleration of the protests. The protesters use Facebook as virtual tribune and Internet forums as virtual discussions where they raise topics and conduct dialogues. Read more

ISSA Proceedings 2014 – The Symbolic Meaning Of Radbruch’s Formula; Statutory (Non-)Law And The Argument Of Non-Law

• by: Marijan Pavčnik - Faculty of Law, Poljanski nasip, Ljubljana, Slovenia

Abstract: Statutory “law” that “intolerably” (Radbruch) violates supra-statutory law is non-law. The content of the argument is not based on eternal and unchangeable natural law that positive law should conform to, but upon the fundamental (human) rights that prevail in a historical period. In the modern state the catalogue of fundamental (human) rights is so extensive that it offers a sufficiently broad basis for the removal of any legal incorrectness (including statutory non-law). Thus, the argument of non-law also has great symbolic value. It persuades us that legal thought should always make sense.

Keywords: legal positivism, Radbruch’s formula, the argument of non-law, the symbolic meaning of Radbruch’s formula, legal sense, sense of justice, mutuality, coexistence.

1. Radbruch and his formula
One of the most penetrating critiques of legal positivism is the so-called Radbruch formula. Already at the beginning of his theoretical path, Radbruch (Gustav Radbruch, 1878-1949) was aware “that it equally belongs to the concept of right law that it is positive as it is the duty of positive law to be right as to content” (Radbruch, 1914: 163, and 1999: 74). The basic characteristic of Radbruch’s legal-philosophical thought was that, as a Neo-Kantian, he accepted value-theoretical relativism and advocated the standpoint that legal values cannot be “identified” (Germ. erkennen), but only “acknowledged” (Germ. bekennen) (Radbruch, 1914: 22, 162, and 1999: 15).[i]

An inevitable consequence of value relativism is that the sovereignty of the people and democracy are the central characteristics of the rule of law. The content of law has to be decided in a democratic, responsible and tolerant way. In the paper Der Relativismus in der Rechtsphilosophie (Relativism in Legal Philosophy), special importance is assigned to tolerance: “Relativism is general tolerance – just not tolerance of intolerance” (Radbruch, 1934: 21). Read more