ISSA Proceedings 2010 – How Critical Is The Dialectical Tier? Exploring The Critical Dimension In The Dialectical Tier

1. Introduction
About two years ago, one of the authors of this paper [i] once wrote another paper discussing the dialectical approach within Pragma-Dialectics and Blair and Johnson’s informal logic theory. In a section of that paper, he made the following two points about Johnson’s notion of dialectical tier: “The dialectical tier within an argument marks that the thesis is critically established, and a dialectical history of an argument reveals that the argument is critically developed.” And “the requirement of manifest rationality can be regarded as requiring a process of critical testing for seeking the strongest or the most appealing reasons and better arguments” (Xie, 2008). Both points, unfortunately, brought back Johnson’s negative comments in their later correspondence. Johnson’s remark on the first point is “This is not clear to me”, and on the second, “Not sure of this”.

Besides the author’s disappointment, still there are interesting topics emerged for further investigation. Why does Johnson disagree with this interpretation of his dialectical tier? And what is the relation between the dialectical tier and the critical scrutiny function in argument? In this paper we would like to dig deeper on these issues. We will begin with explaining the critical view of argument, and then re-examine the above two points based on a careful reading of Johnson’s own views on the dialectical tier and manifest rationality. On that basis, we will then try to further explore the critical dimension within dialectical tier by bridging together the critical view of argument and Johnson’s theory of argument. After that, we conclude with some remarks on exploring the critical dimension within the study of argument. Read more

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ISSA Proceedings 2010 – The Inferential Work Of The Addressee: Recovering Hidden Argumentative Information

In a recent book (Lo Cascio 2009) was suggested that people from the south of Europe leave a lot of information unsaid, requiring of the decoder the very arduous task of filling the non given or unwritten information, and of recovering the content of the real, or deep meaning of the surface sentence or message. Actually, for somebody who comes from the Mediterranean area or Middle East, there are three ways of communicating:
1. The encoder gives only a partial message and the decoder must be intuitive enough to recover and to complete the remaining missing information. This gives the opportunity to the encoder to partially manifest his thoughts and hence the possibility to change his message according to the situation.
2. The encoder says something, but the real meaning of the message is something else. The decoder must then be capable of understanding the real message, i.e. of decoding the surface message but recovering its deep meaning. The advantage of this way of communicating for the encoder is enormous on the condition that the right decoder understands the real message. Understanding is based a) on the knowledge that the decoder has at disposal regarding the encoder’s background as well as b) on the evaluation he is able to give of the message he receives, according to the particular situation. Imagine for instance that somebody at a dinner says to someone else:
(1) I think they forgot to invite Heineken
in order to say:
(2) I am missing a glass of beer
3. The encoder does not say anything, but expresses his idea exclusively by means of his facial expression. The decoder then must be able to understand the situation and act accordingly. Read more

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ISSA Proceediings 2010 – Improving The Teaching Of Argumentation Through Pragma Dialectical Rules And A Community of Inquiry

In this paper we reflect on how improving the teaching of argumentation following the pragma dialectical guidelines and the Philosophy for Children ideal of a “community of inquiry”, also enhances ethical education and contributes to the development of a better society.

According to Pragma Dialectics, in the “practical realm” of argumentation the aim of the teaching of argumentation should be to promote reflection on argumentation and to spur critical discussion. In A Systematic Theory of Argumentation, van Eemeren and Grootendorst (2004, p. 37) distinguish between “first”, “second” and “third order” conditions for critical discussion: the first order conditions are the willingness to respect the critical discussion rules, the second order conditions are the “internal” mental states that are pre conditions to a reasonable discussion attitude and the third order conditions are the “external” circumstances in which argumentation takes place (political requirements such as freedom of speech, non violence and pluralism).

We propose to focus on the creation of the second and third order conditions for such an education through the development of a “community of inquiry”, as it is understood and practiced in Philosophy for Children, that is, by the creation of an educational environment where both students and teachers feel free to express their opinions, yet, at the same time, are compelled to abide by the procedural and critical rules that encourage mutual challenge and cooperation.

A reflection on the ethical foundations of pragma dialectical rules, in connection with the underlying ethical principles required for the building of a “community of inquiry”, shows that the principles of equal respect and the common search for a provisory truth, modeled on Socratic dialogue, replace in both instances the traditional competitive scheme. The critical rationalistic ideal of reasonableness and the code of conduct based on equal respect reinforce each other to create the ideal model of a society of mutual respect and cooperation that provides the most appropriate frame for teaching both argumentation and ethics. Read more

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ISSA Proceedings 2010 – Probabilistic Arguments In The Epistemological Approach To Argumentation

1. Introduction: the Epistemological Approach to Argumentation and Probabilistic Arguments
In this paper I present a proposal on how to conceptualise and handle probabilistic arguments in an epistemological approach to argumentation. The epistemological approach to argumentation is an approach which aims at rationally convincing addressees or, more precisely, which takes knowledge or justified belief of an addressee to be the standard output of argumentation (Biro 1987, p. 69; Biro & Siegel 1992, pp. 92; 96; Siegel & Biro 1997, pp. 278; 286; Lumer 1990, pp. 43 f.; 1991, p. 100; 2005b, pp. 219-220; Goldman 2003, p. 58).[i] Therefore, this approach develops criteria for valid and adequate arguments whose observance leads, or at least is intended to lead, to the production of that output: justified belief. The general way in which this goal is achieved is by guiding the addressee through a process of recognising the truth or acceptability of the argument’s thesis. An ordered sequence of judgements, i.e. the reasons, is presented to the addressee whose truths, according to a primary or secondary criterion of truth or acceptability, imply the truth or acceptability of the thesis and which are chosen in such a way that the addressee can immediately check whether they are true or acceptable (Lumer 1990, pp. 44-51; 2005b, pp. 221-224). Read more

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ISSA Proceedings 2010 – Commemoration And Controversy: Negotiating Public Memory Through Counter-Memorials

ISSA2010LogoPublic memory continually is negotiated via competing frames of understanding such as forgetting, denial, repression, trauma, recounting and repositioning. As Stephan Feuchtwang (2006) insightfully notes, “public memory” consists of “both result/product as well as process – powers and activities of creating and erasing archives, of commemorating or denigrating or worse negating people or events, and of recording and ignoring narratives in chronicles, histories, and myths” (p. 176). Within the complexities of public discourse and argument, memorials often are established that commemorate a particular thread of memory. Such statues, monuments, and other objects are designed and located in public to communicate a set of values and an official version of the past. Yet, in response to such public memorials, art and objects often are located or circulated that challenge the dominant discourse about history and remembrance.

These “counter-memorials” – sometimes also called “antimemorials” and “counter-monuments” – function as sites of contestation, locating arguments in the public sphere that seek to discount, amend, or re-inscribe the past in alternative ways that directly challenge the idea that a single public memory is possible. In this essay I examine a variety of potential means for theorizing the rhetorical dimensions of the “counter-memorial,” and ultimately suggest a theoretical path through the works of Kenneth Burke as a significant foundation for understanding public memory debates. This essay then examines the rhetorical form of the “counter-memorial” by analyzing several key instances of the establishment of this oppositional discourse in public spaces. Read more

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ISSA Proceedings 2010 – Rhetorical vs. Syllogistic Models Of Legal Reasoning: The Italian Experience

1. Introduction
The aims of this paper are (1) to outline the historical path that gradually led to the formation of a meta-discursive space founded upon argumentative accounts in Italian jurisprudence after the end of the Second World War, but without entering into detailed criticism of these accounts and their applications; (2) to identify, within such space, a peculiar approach (at once metaphysical and practice-oriented) which started from some universities in North-East Italy (Padua, Trento, Verona, Trieste). Following the basic studies of Francesco Cavalla, this approach has to date produced a research centre (CERMEG: Research Centre on Legal Methodology) and numerous scientific and experimental initiatives. Its representatives are known in Italy for their activities in the specific field of legal rhetoric – that is, the rhetorical method applied to legal reasoning – and for their cooperation with lawyers’ associations.

2. An historical reconstruction of Italian Jurisprudence after the Second World War
After the Second World War and the experience of legal positivism as an instrument of political coercion, the world’s ideological division in two opposing blocs – liberal-democrat and social-communist – produced in Italian jurisprudence an antagonism between proponents of natural law (understood as a limit to the state’s power) and those favourable to legal positivism (understood as a guarantee of the rule of law). The tradition of legal thought connected with neo-idealism, and considered excessively compromised with the fascist regime, disappeared. The phenomenological, existentialist and intuitionist currents of philosophy that developed between the two world wars resisted precise translation into the terms of legal philosophy. Curiously, the new supporters of legal positivism, all connected with the Turin School founded by Norberto Bobbio, mainly relied on the logical neo-empiricism of the Vienna Circle, despite the already ongoing crisis of neo-positivism. As a consequence, the theoretical and methodological formalism distinctive of nineteenth-century legal positivism and Kelsenian theory continued to characterize Italian jurisprudence, encountering only very weak opposition (also political) from the supporters of natural law. Read more

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