ISSA Proceedings 1998 – Evaluating Tests For Reconstructing The Structure Of Legal Argumentation

ISSAlogo19981. Introduction
In legal argumentation, as well as in everyday argumentation, it is often difficult to distinguish between multiple (also called convergent) and coordinatively compound argumentation (also called linked). In legal argumentation the importance of the distinction between these two kinds of complex argumentations becomes clear in  complaints about the justification of judicial decisions. Since the interpretation of the relation between arguments can be of influence on the decision, (one of) the parties to the proceedings may criticise the way the judge interprets this relation. Disagreement about the argumentation being multiple or coordinative compound will then be submitted to a higher court.
This was, for example, the case in HR 5 juni 1992, NJ 1992, 539. Mr Van der Vlies, the proprietor of a number of pleasure boats, bought a plot on the Spanish Water. The original owner of the plot, Spanish Water Resort, has, at some time in the past, announced an allotment plan. It was according to this plan that a yacht-basin would be constructed. This yacht-basin has in actual fact never been built. Now Van der Vlies demands that the yacht-basin be built as was agreed. One of the questions that need to be answered by the Court in this case is whether or not there is an actual agreement between the two parties. In order to be able to address this question the Court assesses the six arguments (a through f) with which Van der Vlies justifies his claim. The Court of Appeal concludes that there has never been an agreement between the parties. In his appeal to the Supreme Court Van der Vlies argues that:
(…) in answering the central question the Court of Appeal has, unjustly, limited itself to the assessment of the separate arguments, thereby ignoring their mutual correlation and connection, or so it seems judging by the Court’s decision. Moreover, it is, in the absence of any justification whatsoever, unclear why arguments a, c and e do not play any part at all in the relationship between Spanish Water Resort and Van der Vlies, but that, moreover, even if one or more of these arguments did not play any part when judged on their own merit, it is unclear whether they may play such a part when considered in mutual correlation or connection.
In other words, Van der Vlies is of the opinion that the Court of Appeal has wrongfully reconstructed his argumentation as being multiple which influenced the evaluation of his argumentation negatively. Now the Supreme Court has to decide as to whether the argumentation of Van der Vlies was multiple or coordinatively compound.

Sometimes the text or the context may provide clues that give evidence to interpreting the structure of argumentation. Studies on this type of clues in the fields of argumentation and informal logic often provide useful insights into the reconstruction of legal argumentation. Textbooks in these fields also provide tests that can be of use when textual and contextual clues are not available. A classification of these tests is proposed by Walton in his book Argument Structure: A pragmatic Theory (1996). It is not surprising that Walton concludes that the tests are not to be overestimated, for several authors of the tests are already very modest about the use of the tests. Since legal argumentation does not always provide textual or contextual clues that can be of help, it seems appropriate to find out if and when these tests can be of use to decide on the structure of argumentation.
First I will give a short overview of Walton’s classification of the tests that are proposed in textbooks. Then I will take a closer look at some of the problems to which Walton draws attention when it comes to implementing these tests as well as to the test which he himself regards as superior to the others. Finally I will look at the way(s) in which judges arrive at decisions in actual practice when there are no textual or contextual clues on the basis of which a decision can be made as to whether the argumentation of a party is multiple or coordinative compound.
The context in which legal complex argumentation is presented, is that of a judge or a party to the proceedings who tries to remove doubts that the other party or a higher judge may have with regard to the standpoint. To contest this standpoint successfully, the other party needs to know whether it is necessary to refute only one of the arguments or all of them. Read more

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ISSA Proceedings 1998 – Arguing About Dying

ISSAlogo19981. Introduction
That each of us will die is a given, and thus there is no argument to be made about dying. But we do argue about some aspects of the dying process: how we die, whether we ought to or can have some control over the time and manner of our death, who (if anyone) should be allowed to help us die, even what counts as “help” – questions like these are being more openly debated than ever.
The most basic questions are thrust before us with increasing frequency, in the United States, thanks among other things to the repeated headlines generated by Dr. Jack Kevorkian (whose invention of a “suicide machine” several years ago helped “set the stage for a national debate on physician-assisted suicide” (Brunelli 1998: B3). Though he is an extreme example of someone who thinks matters of life and death are for individuals to decide, Jack Kevorkian has dramatically and undeniably done much to force the issue of a putative “right to die” onto the public agenda (Tye 1998: A1; Editorial 1998: A14).
On the other hand, although hospice care continues to receive largely very favorable press in the United States (“Hospices are Best . . .” 1998: A28), as recently as early in 1998, the New York Times had a major article entitled “As Life Ebbs, So Does Time To Elect Comforts of Hospice” (Stolberg 1998: A1), highlighting some of the ways that even dying patients who do (eventually) have access to hospice care may end up with precisely what they and their families were trying to avoid: a death burdened with procedures and machines, discomfort and distress of several kinds.

The issue I wish to consider here is this: To what extent do the hospice movement and the right-to-die movement – separately or together – adequately reflect values held to be central in contemporary United States society, and do these movements (again, separately or together) give appropriate room for physicians to exercise the compassion towards the dying that the dying desire? Since it is clearly impossible in the time available to explore all the ramifications of this matter, I wish to concentrate on one salient feature of the debate. I will focus on the opposing views of two dominant movements, broadly defined: the Hospice movement (under which umbrella I include such institutions as the Center for Care of the Dying at George Washington University), and the Right-to-Die movement, to which I shall give the umbrella term “Hemlock” – borrowed from the classically allusive Hemlock Society (and exemplified by such organizations as Compassion in Dying and the Voluntary Euthanasia Society); my emphasis today will be on the differences in the kinds of arguments the two movements rely on to bolster their positions. By making those differences explicit – more specifically, by making the underlying claims (the hidden premises) explicit – I hope it will be possible to reduce the confusion and tension that arise for casual observers. The confusion stems largely from the fact that the two movements – though ostensibly concerned with the same issue – generally seem to be at loggerheads. Their respective approaches to the dying process appear incompatible; my aim is to see whether and how a passable bridge between the two can be built. Read more

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ISSA Proceedings 1998 – Wilson On Circular Arguments

ISSAlogo19981. Introduction
In his paper “Circular Arguments” Kent Wilson (1988) argues that any account of the fallacy of begging the question based on epistemic conditions is inadequate and suggests grounds on which a more satisfactory analysis can be provided. He does this by criticizing the epistemic attitude in the fallacy analysis and showing how this has led to an unacceptable analysis of the fallacy of begging the question. I will concentrate on Wilson’s two main points. First of them is Wilson’s argument against the epistemic condition:  that we should not overemphasize the assumption that an argument should prove its conclusion. Wilson admits that it is an important function of the argument, but thinks that we should recognize other purposes as well, such as refuting a proposition or undermining confidence in it. Understanding these other purposes would then contribute to the study of the fallacy and point us to a better analysis. I will try to show that Wilson’s ideas on argument’s functions are compatible with the epistemic analysis and that they do not therefore improve our understanding of the fallacy.
The second point I wish to comment on is Wilson’s argument against the division of the fallacy of begging the question into two types: the equivalence and the dependency type. According the equivalence type, a fallacy is committed when the conclusion is equivalent with some premise. In the dependency type some premise is dependent on the conclusion: its acceptability somehow depends on the conclusion’s acceptability. This dependency is often analysed in doxastic or epistemic terms, as for example Sanford and Biro have done. Wilson argues that the dependency view of the fallacy of begging the question is not adequate for several reasons and assumes the equivalence view. I will argue for the dependency view of the fallacy. I do not believe we can subsume it to the equivalence type. Wilson’s critique in fact coincides with Biro’s views on some points. In conclusion, I argue that the epistemic version of dependency can adequately analyse the fallacy of begging the question.

2. On the functions of the argument
Wilson argues that to understand the fallacy of begging the question better, we must widen our view of the functions of the argument from the epistemic emphasis. This epistemic approach has assumed the status of background assumption. It shows in the fallacy theory as an attitude that the primary purpose of an argument is to prove some proposition. He quotes two writers that he thinks have especially emphasized this function, David Sanford and John Biro. Sanford’s formulation of this idea is that an argument should increase the degree of reasonable confidence which one has in the truth of the conclusion (Sanford 1981: 150). According to Biro, an argument should make us know that something, which we did not know to be true, is true, because of something which we do know to be true (Biro 1977: 264). Wilson points out that Biro even seems to go as far as to say that knowledge is the sole aim of the argument when he writes that “Someone that has seen Socrates die would not need an argument for the proposition that Socrates is mortal.”(Biro 1984: fn. 5, 243). Wilson criticizes these views. He thinks that we must recognize other purposes as well:
“For example, arguments are offered on occasion to refute some proposition, or to undermine confidence in it by giving a counter argument against it or by showing that an argument that has been given for it is not valid. Arguments are also given in contexts where one wants to understand better a passage of a text or a discourse – perhaps even a novel or other fiction – to unfold the implications of a plot or of a theory, for example. Somewhat further removed from proving paradigm of argumentation as the marshalling of evidence, arguments are sometimes given in order to explain, to understand, and to predict … arguments may be given in order to answer correctly a puzzle or a problem, where “real knowledge” or even belief need not be involved.” (Wilson 1988: 39.) Read more

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ISSA Proceedings 1998 – Judges In Argumentation Games

ISSAlogo19981. Introduction
There is a lot of definitions of argumentation systems used for different purposes. In some of the papers one can distinguish simultaneous use of the notion of argument in two senses: as a proposition that is an argument for the thesis and as a proof method. For the second we use argumentation functions and argumentation strategies to characterize it. In that model many of the nonclassical logics are definable in natural way.
The argumentation processes may be considered as games over a judge opinion (Gargov, G. & Radev, S. 1987a), (Vreeswijk, G. 1993). The winning (price) of such a game is the judge verdict. The judge may be of different forms and different structure:
1. In the case of discussion the judge is the common knowledge (and opinion) of both players,
2. in the football play type (or the administration) the judge consists of a set of judges and possibly is structured hierarchically (higher instance),
3. In the chess the judge is the rules of the game except the case when the champion is elected.

Moreover the judge knowledge (opinions, evaluations, believes) may differ from the knowledge of the players and possibly his believe system may change during the discussion (game). From the other hand the players may be honest or not and their honestness may be included in the calculation of the price (judge opinion) or not. Also the judge may be honest or not. These possibilities determine a couple of different games and deductive problems. Few of the interesting (and simple) examples are investigated in the present paper. For more complicated cases we need more time/place then the limit of that paper.

2. Arguments and argumentations
In logical investigations we often treat semantics generated in the process of justifying some statements by means of other statements. The latter are usually called arguments for the former. At the beginning (Gargov, G. & Radev, S. 1986) we tried a simplified approach based on the following assumptions:
1. the argumentation is one-step, i.e. the arguments are already with a definite truth value determined by their meaning,
2. the scheme of evaluation is consistent in the sense that no already evaluated statement should be given argument.

Such simplified considerations lead us to the so-called argumentation functions generating truth definitions given some basic semantics (Vakarelov, D. 1972), (Gargov, G. & Radev, S. 1986, 1987a, 1987b), (Radev, S. 1996). The corresponding logical systems (treated in the cited papers only at the propositional level) turned out to be small (3 or 4-valued) many-valued logics.
Later we tried to extend the treatment to more dynamic situations when the arguments for a given statement are also questioned and this gives rise to an iterated procedure of argument evaluation. Read more

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ISSA Proceedings 1998 – Arguments From Perfections

ISSAlogo19981. Introductory remarks
This paper is not a direct discussion of the concept of perfection. Rather it raises a problem of arguing and drawing conclusions from the concept of perfection in inter-religious discourse.
The way we argue depends, of course, on the mode of reference we are using. In religious discourse we often do not argue and draw conclusions from the concept of God, but from the singular perfections like ultimate goodness, absolute love, greatest wisdom, etc. These descriptions are referring under certain conditions to God, despite the fact that “God” does not have the same meaning as “ultimate goodness”.
This form of discourse has become normal in inter-religious debates, where a rigid concept of God (whatever is meant by this) is often replaced by its more flexible referential descriptions. Some philosophical theologians too, see good reasons for the flexible talk about God: “Conceptual frameworks come and go. This does not mean that we should not try to understand the very meaning of the God of Israel and the God of Jesus, but that we have to look for another conceptuality, one that will take into account all that know about the world in which we live.” (Van der Vekken 1992: 163).
The strategy ables to overcome cultural differences and build up the models of inter-religious discourse in which the univocal use of “God” has been substituted by equivocal and analogous uses of the concepts of good, love and wisdom.
There are however problematic cases, if we have to presuppose, that some particular culture or religious group is lacking the concept of certain perfection or even several of them. Semantic investigations have established a provisional set of human concepts, expressed as identifiable words in all languages. This set, which includes close to sixty elements, provides a trans-cultural framework for analysing meanings across languages and cultures in the form of trans-cultural metalanguage. According to the linguistical investigations, certain tribes of Papuas do not have the concept of love (Wierzbika 1995: 210).
This fact, stated by linguists as an empirical one, creates a theoretical problem: Which forms of argumentative discourse are effective, when speaking with Papuas about God as ultimate love? The concept of “God” itself is of course not universal, but can inter-religious argumentation be construed in trans-cultural metalanguage if there is no place for the concepts of divine perfections like love, wisdom etc?

2. The concept of perfections and conceptual framework
Good arguments usually convince. At least, they convince those of us, who can understand how the argument works. It is also widely assumed that if the logic of the arguments is the same, the argument which uses commonly understandable and univocal concepts is more convincing than the one which uses non-understandable and equivocal concepts. For instance, the missionaries who work with primitives know well, that preaching in the name of ultimate love is normally much more effective than giving arguments from the concepts of primal cause or first mover. For, to provide effective arguments they need to have rely on suitable conceptual framework.
Now, what are the common concepts for all mankind? According to linguistic semantics, in particular to the so-called Goddard’s and Wierzbicka’s “NSM” school of semantics (Goddard & Wierzbicka 1994) there exists pretty clear answer to this question, namely, in the form of the set of universal human concepts. The set of universal human concepts has been established on the basis of cross-linguistic investigations and contains several substantives (I, you, someone/person, something/thing, people, body), determines (this, the same, other), quantifiers (one two, many, all, some) mental predicates (think, know, feel want, see, hear) etc. As to the attributes: “Good”, “bad”, “big”, “small” are universal, but for instance “love”, “wisdom” are not universal concepts for the mankind. According to the Wierzbicka, there are some tribes, where arguments from “love” are non-understandable. Just because they do not have corresponding concept in their tribal language.
How, then, the missionary could tell something about Jesus as a Perfect Love? Non telling about the love would badly harm the very understanding what Christian God is? In the Biblical parables love is the most central and highly important topic. It is also true that the most effective inter-religious arguments will take their start from “love”. Read more

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ISSA Proceedings 1998 – Criteria For Winning And Losing A Political Debate

ISSAlogo19981. Introduction
I am concerned about the quality of the public political debate. I am concerned about reducing it to a game, where opposing political parties play their roles, obey the game’s rules and confirm the genre.
In this paper the aim is to answer the following questions: What are the relevant criteria for the analysis of winning and losing a political debate? What are the theoretical and methodological implications of applying a normative argumentation theory (pragma-dialectics) and a descriptive interaction theory (conversation analysis) to the same data?
To give an answer to these questions I have first tried to investigate the general and specific character of the modern political debate and from these I have drawn the relevant evaluation criteria. To justify why these are relevant, I have decided to look at the debate genre in a broad diacrone perspective. By doing this I believe that a cearnel of genre constituting features can be revealed besides a set of more context-sensitive ones. In other words I try to describe the genre in terms of constant and relative/flexible elements. Thereafter, I will argue that a winning and losing enterprise forces the investigator to build a normative framework.
My claim throughout this paper is that there is a close relationship between genre development and the development of evaluation criteria. Consequently I will also claim that while genres change and develop over time, also evaluation criteria will have to change.

2. The development of the political debate genre
Broadly speaking “genre” can be understood as either relative or stable, or as a combination (Ventola 1989). In this perspective I will understand the pragma-dialectical ideal context as a predefined, idealized and stable genre. However, I will argue that a context description has to consider both stable and variable features in order to provide relevant evaluation criteria.
My point is not to give an outline of the ancient roots of the political debate, but rather to point at the fact that electronic debates, and especially televised debates, represent a shift in debate style from a more discussion-like format to a more quarrelsome one. This shift has implications for what kind of criteria that create the winner and the loser of a public political debate.
My claim is that the debate tradition experiences an important shift with “The Great Debates” between Nixon and Kennedy in the 1960 campaign. At this time the political debate genre as we know it today was in its infacy. Five specific elements of debate can be isolated as it has developed in the American tradition, a debate is:
1. a confrontation,
2. in equal and adequate time,
3. of matched contestants,
4. on a stated proposition,
5. to gain an audience decision (Auer 1962). Read more

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