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

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

ISSA Proceedings 2010 – Presidential Arguments In Post-Soviet Russia: An Enthymematic Return To National Identity As Argumentation Of Citizenry?

1. Introduction
In the first decade of the 21st century, Russian Federation has re-emerged as a most important political and economical participant in current global times, but also rhetorically a most successful case of redefinition of national identity. During Vladimir Putin’s presidency and continued through Dimitri[i] Medvedev’s current lead, public Russian discourse actively re-affirms and re-constructs relationships with topoi of  national identity, history in its large span of past, present and future, and with nationalist and authoritarian valences for its new Russian (former Soviet) citizens. In a world full of political dilemmas and debates over global or/over domestic issues, Putin and Medvedev’s rhetorical and political actions highlight the importance of redefining Russian citizenship and democratic values on basis of national(ist) pride and culturally-specific definitions of ‘sovereign democracy.’[ii]

As recent political analyses recognize (Aron, 2007; Hale & Colton, 2010; Linan, 2010), whether delivered by Putin till 2008 or by Medvedev since that time, Russian Presidential discourse   presents its citizens effective cultural and political arguments that glorify the traditions and exceptional history of the pre- and Soviet past, reposition the geo-political role of the country, redefine state-nation with a vertically empowered political structure, and delineate political relationships with the West and with the world as a whole.[iii] Russian citizens are called to engage politically, emotionally, and of course, pragmatically by aligning with (the) proposed set of political and cultural narratives that explain and enhance the (re)building of the Russian Federation from past to future through current times. And as a result, recent polls (Hale & Colton, 2010) show that most Russians consent the country has found its identity and voice again as a nation of power and redemption, proud of its  pre-, Soviet and post-Soviet past, vigorously optimistic for its future and its role in the world! Read more

ISSA Proceedings 2010 – Persuasive Definitions In Ethical Argumentation On Abortion

1. Introduction
Disputants in the abortion debate employ persuasive definitions of the notions abortion and fetus to plead a pro-life or a pro-choice cause. Pro-lifers define abortion as an “unspeakable crime” or as a “deadly sin” and the fetus as “an innocent human being” or “a person from the moment of conception” while pro-choicers define abortion as “an operation performed to end an unwanted pregnancy” and the fetus as a “newly implanted clump of cells” or a “potential human being”.

This paper [i] is concerned with the dialectical and rhetorical effects of the use of persuasive definitions in ethical argumentation on abortion. Using the pragma-dialectical framework (van Eemeren and Grootendorst 1984, 1992, 2004) within which persuasive definitions may be viewed as a form of strategic maneuvering (Zarefsky 2006), I will show that in ethical argumentation on abortion persuasive definitions mainly function as rhetorical means by which the parties convey an attitude of approval or disapproval of abortion and attempt to gain the audience’s adherence to one position or another. The paper is structured as follows: in section 2 I briefly review some of the most known approaches to persuasive definitions that have been instrumental in the analysis of persuasive definitions in the abortion debate; in section 3 I examine the persuasive definitions used in some excerpts of pro-life and pro-choice argumentative texts focusing on the effects intended by the arguers. Read more

ISSA Proceedings 2010 – “Palmerston Bustles Around With The Foreign Policy Of This Powerful Nation, Like A Furious And Old Drunkard…”: On The Discursive Formulation Of Argument By Analogy In History

1. Introduction
Over the last few decades, there has been a remarkable spate of interest for the discipline of history. On the one hand, scholars have focussed on some crucial epistemological and methodological underpinnings of this academic field. Thus, Koselleck (1986) describes historians’ task by means of Comenius’s image of a backward-oriented vision through a spyglass on a shoulder: however accurate their search for truth, their views are bound to be constrained by the multiple perspectives the spyglass may offer. For this reason, history is often interpreted as a research territory in which the empirical ratio of documentary evidence is intertwined with the analyst’s own effort to construct a convincing representation of past events (Tosh 1989; Lozano 1991).

On the other hand, history has been tackled for the captivating co-presence and cross-fertilisation of narrative (White 1978, 1987 and 1999) and argumentative components (Perelman 1979; Ricoeur 2000) in professional historians’ scientific prose: in this respect, the reconstruction of a spatio-temporal background constituted by key-events and issues selected and foregrounded by the historian as meaningful is tightly knit to the formulation of the scholars’ possibly authoritative argument. Read more

ISSA Proceedings 2010 – “Crisis” And Argument By Definition In The Modern American Presidency

Definitional argumentation theory remains a subject of significant study, primarily through the examination of argument about definition (Schiappa, 1993) and argument from definition (Schiappa, McGee, 1999). Although Zarefsky (1997) has briefly surveyed argument by definition, attention to this perspective remains anorexic. This essay begins to rectify that oversight by illuminating argument by definition through an analysis of modern presidential crisis rhetoric. This essay posits that argument from definition has as its locus the definition itself but argument by definition resituates that locus to the definition’s user or creator. This essay first differentiates and clarifies argument by definition from argument from definition before examining five areas of “concerns” about argument by definition by argumentation scholars through the lens of the modern American presidency and the word crisis. This essay suggests that words like crisis contain core elements germane to any crisis situation but are flexible and modifiable depending on the user, the user’s definition, and the crisis event. It also identifies several issues arising of out presidential definitional usage, including time, ethos, intent, strategies and audience as well as the need for additional crisis rhetoric essays examined from an argumentative perspective. The essay concludes with a call for additional studies encompassing several crises within a specific presidency as well as more attention devoted to the notion of time. In addition, I suggest that scholars should incorporate more primary research into their analyses, an approach fully embraced by other branches of academe. Read more

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