ISSA Proceedings 1998 – The Good Case For Practical Propositions: Limits Of The Arguer’s Obligation To Respond To Objections

ISSAlogo19981. Introduction
This paper will discuss several questions about public deliberative argumentation raised by Trudy Govier’s conception of a Good Case. In the interests of “developing realistic standards for the evaluation of arguments and argumentation,” Govier distinguishes between an Exhaustive Case for a proposition and a Good Case. Unlike the Exhaustive Case, she observes, “the Good Case does not require that the arguer respond to all objections and all alternative positions.” (Govier, 1997: p. 12) This important concept has special significance for studies of the public argumention which enables groups, institutions, polities, etc. to reach decisions regarding their future acts and policies. It may be that Govier’s conception of the Good Case identifies a basic contour of the normative ideal for public deliberative argumentation. To explore this possibility, I will, first, attempt to identify an ideal function for public deliberative argument which plausibly implicates a Good Case as its normative ideal. Second, I will try to clarify the concept of a Good Case as a norm for deliberative argumentation.

2. The Normative Status of a Good Case in Public Deliberation
The issue here is not whether Govier’s conception is important. Most approaches to the study of argumentation would, I think, recognize that given limitations of time, circumstances, etc., often an arguer could not reasonably hope to establish an Exhaustive Case for her position; the best that could be expected from an advocate in many situations is a Good Case – a body of argumentation which, at least provisionally, dismisses some remaining objections and (possibly) some alternative positions. Rather, the issue concerns the normative status a of Good Case as contrasted with an Exhaustive Case. Is the concept of a Good Case merely remedial, applying to argumentation which falls short of the ideal Exhaustive Case, or does the concept of a Good Case delineate an ideal appropriate to some modes of argumentation and, specifically, to those which involve interpersonal deliberation about practical concerns? I do not hope to answer this very difficult question; in the discussion which follows, I will only attempt to show it poses a serious choice for students of argumentation.
The view that an Exhaustive Case is the normative ideal against which all modes of argumentation are to be assessed has widespread and well articulated support in current studies of argumentation. It has able champions in the pragma-dialectical approach to the study of argumentation developed by Eemeren and Grootendorst and significantly elaborated by many others. According  to pragma-dialectics, the norm of an Exhaustive Case corresponds directly to the ideal end served by argumentation. In this well-known view, argumentation ideally serves to resolve disagreement on the merits. (Eemeren & Grootendorst, 1992: 34; Eemeren, Grootendorst, Jackson & Jacobs, 1993: 25) Resolving a disagreement is held to require more than merely settling a difference of opinion by setting aside or repressing doubts and objections; rather, resolution of a disagree occurs “. . . only if somebody retracts his doubt because he has been convinced by the other party’s argumentation or if he withdraws his standpoint because has realized that his argumentation cannot stand up to the other party’s criticism.” (Eemeren & Grootendorst, 1992: 34) A resolution-oriented system is “structured in such a way as to assure that if it comes to any settlement at all, the settlement is one recognized by both parties as correct, justified, and rational. Hence, one characteristic of the ideal model is an unlimited opportunity for further discussion; an ideal system does not constrain the possibilities for expansion of a discussion” (Eemeren et al., 1993: 25).
In short, the ideal of resolving a disagreement on the merits requires, according to pragma-dialectics, that proponents of a standpoint establish an Exhaustive Case, a case which answers all pertinent doubts and objections to the satisfaction of the parties to the disagreement. Read more

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ISSA Proceedings 1998 – Promoting Interscholastic Debate Among Tallahassee Secondary Schools

It is difficult to believe that Florida’s capital lacks a comprehensive program designed to promote and further interscholastic debate among its youth, but it is true. Although there have been Tallahassee high school debate programs in the past, presently none of the ten institutions responsible for educating high school students, nor the eight responsible for educating middle school students, support, in any capacity, a competitive debate team.While interscholastic debate continues to flourish in neighboring Florida cities such as Jacksonville, Tampa, and Orlando, Tallahassee remains sedentary.
This apathy toward interscholastic debate cannot continue, as academic debate represents a necessary co-curricular activity designed to develop and hone a variety of skills: organizational, research, oral presentation, and critical thinking. In fact, developing these skills has been identified as essential in responsible education, as Stewart, an associate professor of education, stated in an article entitled, “Secondary School Imperatives for the ‘90s – Strategies to Achieve Reform,”
Today’s society makes the ability to analyze, reason, draw conclusions, and formulate intelligent decisions more important than ever. Critical thinking and decision making are essential for enhancing and perpetuating a democratic society, dealing with the ever-increasing complexity of societal issues and problems, processing the tremendous proliferation of information, and functioning in a highly technological age (Steward 1990: 72).
To rectify this glaring oversight by local administrators and teachers, members of the coaching staff of the Florida State Debate Team are prepared to launch a communication campaign designed to introduce competitive debate to Leon County. The purpose of this paper is to describe the elements of that campaign.

1. Description of the status quo
As stated earlier, presently there are no competitive debate teams among the Tallahassee schools, public or private. That is not to say, however, that to these schools ‘debate’ is a foreign concept. In fact, many of the secondary schools currently employ teachers and/or administrators who were at one time debaters. Unfortunately, these life experiences have not been enough to establish any type of long-term commitment to interscholastic competition.
In April 1996 contacts were established at each of the following secondary education institutions. Surprisingly, each person who was contacted was enthusiastic about beginning a debate program. While this does not guarantee 100 percent adoption, it does mean that the diffusion campaign can address issues other than the benefits of debate as those are already understood. Read more

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ISSA Proceedings 1998 – Quintilian And The Pedagogy Of Argument

ISSAlogo1998This essay deals with a Sophistic approach to argumentation known to ancient Greeks as antilogic and to Romans as controversia. I will use the terms interchangeably, along with other cognates like controversial reasoning and “in utramque partem,” or reasoning on both sides of a case. I will claim that controversia represents a major alternative to the Aristotelian tradition of argument. Broadly speaking, Aristotelian argument assumes an individual thinker who follows the dictates of deductive logic and who works to develop a sound proposition subsequently defended against all opposition. Controversia proceeds by placing multiple claims in juxtaposition and then negotiating the conflicts among them. It fully embraces the contingency of its setting, emphasizing dialogical interaction between specific parties, on a unique occasion, with a particular purpose. If Aristotelian argument is predicated on the drive towards formal validity and epistemological certainty, antilogic is based on the inevitable contention between probable opinions and the possibility of consensus among interlocutors. If Aristotelian argument proceeds in a linear, monological fashion, controversia approaches knowledge indirectly, tacking back-and-forth among opposing positions and assuming that “truth” is provisional and will reveal itself in mixed, ambigous form. Antilogic is thus dialogical, sceptical, contextual, and ultimately practical, all of which I will try to clarify as we proceed.
In previous work, I have traced the philosophic foundations of antilogic in the sceptical pragmatism of Protagoras and pursued the basic features of antilogical practice in a number of post-Periclean sources (Mendelson 1998). I have also explored Cicero’s De Oratore as an exemplary model of controversia (Mendelson 1997). As many of you know, the De Oratore displays considerable interest in an appropriate pedagogy for rhetoric, operating often as a master-class in the protocols of “in utramque partem.”[i] With the transition from Cicero to Quintilian, pedagogy takes center stage. The presence of controversial reasoning in Quintilian has, of course, been noted before (Bonner 1969, 1977; Clark 1957; Kennedy 1969; Marrou 1956; Murphy 1990). In the present essay, I will argue, however, that controversial reasoning is not just an incidental element, one techne “inter pares” (among equals); it is, instead, the very heart of Quintilian’s approach to rhetorical education. In other words, the Institutio Oratoria is principally involved in developing the concept of an “ideal orator;” and, as was the case with Cicero a century before, Quintilian is firmly committed to the notion that the “one and only true and perfect orator” is he who is able “to speak on both sides about every subject” (De Oratore 3.80). More specifically, I claim here that the pedagogy of controversia is ascendant in Quintilian because it fosters a sense of decorum (the ability to negotiate disagreement in ways appropriate to particular circumstances), while decorum, in turn, is essentially coordinate with prudence (the general ability to respond to controversy with dignity and common sense). Seen in this way, Quintilian articulates a syncretic vsion of argument, education, and culture, a vision of what Richard Lanham aptly describes as “the rhetorical paideia” (1993: 158; cf. 161).
In pursuit of this agenda, I will
1. briefly review the history of the controversial tradition,
2. explore Quintilian’s own method of argumentation and inquiry,
3. focus on the role of the progymnasmata exercises and declamation in the “Institutio,” and
4. extrapolate some general principles of controversial education from Quintilian and speculate on their potential contribution to a reconception of argument pedagogy today. Read more

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ISSA Proceedings 1998 – Visual Rhetoric: From Elocutio To Inventio

ISSAlogo19981. The Semiotic Ornatus Perspective on Visual Rhetoric
In his article “The rhetoric of the image” Roland Barthes assumes that if classical rhetoric were to be rethought in structural terms it would “perhaps be possible to establish a general rhetoric of the signifiers of connotation, valid for articulated sound, image, gesture” (1977: 50):
“This rhetoric could only be established on the basis of a quite considerable inventory, but it is possible now to foresee that one will find in it some of the figures formerly identified by the Ancients and the Classics; the tomato, for example, signifies Italianicity by the metonymy and in an other advertisement the sequence of three scenes (Coffee in beans, coffee in powder, coffee sipped in the cup) releases a certain logical relationship in the same way as an asyndeton” (: 49f).
This ‘figurative’ approach to visual rhetoric is pursued more fully in the text “Rhétorique et image publicitaire”. Here Jacques Durand defines rhetoric as the art of fake speaking (“l’art de la parole feinte”) (1970: 70), and describes its task as transforming or converting the proper expression (“le language propre”) into a figurative or rhetorical expression (“language figuré”). What is said by using a rhetorical figure or trope could also have been said in a different, or normal, manner. Durand sought to “find a visual transposition of the rhetorical figures in the advertising image” (1987: 295) by examining more than one thousand magazine advertisements. This was done by considering “a rhetorical figure as a transformation from a ‘simple proposition, to a ‘figurative proposition’” (: 295). In these cases Barthes and Durand are exponents for what I will call a semiotic ornatus perspective on visual communication and argumentation, i.e. a search for meaning through a search for metaphors, metonymies, repetitions, inversions, and the like in visual communication.
My point here is not to dismiss or reject the great importance and semiotic value of a text such as “The Rhetoric of the Image”. Indeed, in this paper I use the concepts of anchorage and relay taken from Barthes’ influential article. However, as the major point of departure for both theoretical and analytical texts dealing with visual rhetoric, such a semiotic perspective is problematic in several ways. In this working paper I will briefly touch upon four arguments where this is the case. I will then try to sketch an alternative approach to visual rhetoric by taking the point of departure in the rhetorical art of inventio, rather than in the art of elocutio.

2. Four Arguments for the Lack of Usefulness of the Semiotic Ornatus Perspective
Argument 1: The ‘transformation theory’ is problematic.
The ornatus perspective on visual rhetoric is based on what we could call the ‘transformation theory’, i.e. the presumption that expressions (either verbal or visual) are transformations from a ‘natural’ or ‘normal’ way of expressing the same thing. A point can be expressed in ordo naturalis, the natural or ordinary way. However, if we want to add more emotional power and better adherence, the same point can also be expressed in ordo artificialis, the artful or artificial way. So, we have a distinction between the proper way of saying something (langage propre), and the rhetorical or figurative way of saying something (langage figuré).
The theoretical problem with this theory of transformation from the natural to the figurative expression – which is a traditional rhetorical view – is, of course, that it is difficult, if at all possible, to distinguish between the two ways of expression, and to define what the so-called natural expression is. It is easy to presuppose a ‘natural order’, but rather difficult to say what this natural order of a figurative expression might be. The transparent or ‘sober’ expression is itself a rhetorical choice and strategy. What then, is this kind of expression a transformation from?
This presumption of a ‘natural’ or ‘normal’ expression is equally problematic when dealing with visual representations. A distinctive feature of an iconic representation is that it has a ‘natural presence’ in its own right. In other words, it is what it shows. When dealing with images one can choose between countless expressions created by techniques of editing, framing, duration, mise-en-scène, and so on. Often, it is rather difficult to judge one expression as more ‘natural’ than another. Of course, we tend to notice when the regular conventions of a particular genre of images are changed: If the commentator in a news programme is seen in extreme close-up or from a bird’s-eye perspective, or if the characters in a movie suddenly face the camera and start talking directly to the audience. In rhetoric, however, the main purpose of figurative language is to stir the emotions unnoticed, without drawing attention to the language style itself. In fact, a general rule of rhetoric is that the language and the language form must be transparent – as an unnoticed window through which we see the message. Read more

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ISSA Proceedings 1998 – Final But Not Infallible. Two Dimensions Of Judicial Decisions

ISSAlogo19981. Introduction
One of the forms of rule skepticism, found both in legal practice and in legal theory, learns that the law is what the courts say it is and nothing more. In his study The Concept of Law (1961) Hart criticizes this form of rule skepticism. Decisions of a court he says, are statements with a certain authority making them final but not also infallible. To clarify this, Hart uses the example of an umpire in a game. In a game the judgements of an umpire – for instance about the scoring – have a certain authority. His judgements are given, by the secondary rules of the game, a status which renders them unchallengeable. In this sense it is true, says Hart, that for the purposes of the game ‘the score is what the scorer says it is’. But it is important to see that there is a scoring rule and it is the scorer’s duty to apply this rule as best he can.[i] It is this scoring rule which makes decisions of the umpire, though final, not infallible, for this scoring rule offers reasons for criticizing the decision.
According to Hart the same is true in the law. Like the umpire’s decision in a game, the decisions of a judge like ‘X is guilty’ or ‘X has a right’ are – up to a certain point – final. But, like the umpire in a game, the judge has an obligation to apply the rules correctly according to the secondary rules in a legal system.[ii] As a result judicial decisions are fallible.
Austin (1962) made similar observations about the nature of judicial decisions. He argues that if it is established that a performative utterance is performed happily and in all sincerity, that still does not suffice it beyond the reach of all criticism. It may always be criticized in a different dimension, a dimension comparable with the true/false criterium used to evaluate constative utterances: ‘Allowing that, in declaring the accused guilty, you have reached your verdict properly and in good faith, it still remains to ask whether the verdict was just, or fair’ (1962:21)
Since the publications of Austin en Hart, the observations about the character of judicial decisions give rise to the question what type of speech act is involved. Both in legal theory and in argumentation theory it is posed as a problem whether these speech acts are, or are to be reconstructed, as declarative, or as assertive speech acts. For on the one hand, the judge declares that somebody is guilty, but on the other the judge justifies that this decision is right according to the law. And this justification is a reason to reconstruct the decision as an assertive or, to be more precise, as a standpoint in a context of a discussion.
In this paper, I want to discuss the problem of the speech act character of a judicial decision within the framework of the pragma-dialectical argumentation theory. My basic starting point is that it is a misunderstanding to treat speech acts in judicial decisions as either assertive or declarative speech acts. I think that, for an adequate analysis of the speech act, one has to make a distinction between at least two discussions in a legal process and related to this distinction different functions of the speech act in a final judicial decision.
I will proceed as follows. First, I will discuss the merits and demerits of reconstructing a final judicial decision as the mixed speech act called assertive-declaration. Then, I will differentiate between two discussions and two types of speech acts in a legal process. Finally, I will discuss how these two different types of speech acts can be reconstructed as a standpoint. Read more

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ISSA Proceedings 1998 – The Perceived And Actual Persuasiveness Of Different Types Of Inductive Arguments

ISSAlogo19981. Introduction
Policy decisions can give rise to lively public debates. Should we build a new airport, expand the old one, or try to cut down on travelling by airplanes? Should we build more motorways or make the public transport cheaper in order to solve the traffic congestion problem? When a debate arises, each option will have its own proponents. They will try to persuade others that their option is indeed in everyone’s best interests. To achieve that goal, they put forward pragmatic argumentation. That is, they claim that their option will probably or certainly result in desirable consequences. The strength of their argument depends on two aspects: The consequence’s desirability and the consequence’s probability. A strong argument in favor of the option would be that the option will certainly result in desirable consequences.
Previous research has shown that people have more trouble evaluating arguments supporting a probablity claim than evaluating arguments supporting a desirability claim (Areni & Lutz 1988). In other words: The argument quality of a desirability argument is more transparent than that of a probability argument. O’Keefe (1995) suggested that argumentation theory provides a framework to study the concept of argument quality. However, he also warned that what should be convincing from the point of view of an argumentation theorist, is not always convincing from a layperson’s point of view.
In this paper, I will first discuss the different types of argument that can be used to support a probability claim. Next, I will review empirical research in which the actual persuasiveness of these types of argument is studied. However, in none of the studies, the persuasiveness of the different argument types has been compared directly. Section 4 contains the description of an experiment in which the same claim is supported by different types of argument. The actual persuasiveness of these argument types is measured, as well as the extent to which the participants think that they are convincing.

2. Types of argument
In policy debates, probability claims typically refer to future events, for instance: building a new airport will boost the economy. To support such claims, one can use inductive reasoning. Usually, three types of argument are distinguished in inductive reasoning (see, e.g., Govier 1992). Following the terminology employed by Rieke and Sillars (1984), these three types are the argument by analogy, the argument by generalization, and the argument by cause.
Rieke and Sillars (1984: 76-77) define an argument by analogy as follows: “(…) you compare two situations which you believe to have the same essential characteristics, and reason that a specific characteric which exists in one situation can be reasoned to exist in the analogous situation”. For instance, to support a claim about the beneficial economic effect of building a second airport, proponents may give the example of another country in which the building of a second airport had a strong beneficial effect on that country’s economy. Essential for the quality of this argument, is the extent to which the two countries are similar. The more similar the countries, the more valid the argument by analogy. Read more

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