I argue that there is no fallacy of argument from authority. I first show the weakness of the case for there being such a fallacy: text-book presentations are confused, alleged examples are not genuinely exemplary, reasons given for its alleged fallaciousness are not convincing. Then I analyse arguing from authority as a complex speech act. Rejecting the popular but unjustified category of the "part-time fallacy", I show that bad arguments which appeal to authority are defective through breach of some (...) felicity condition on argument as a speech act, not through employing a bad principle of inference. (shrink)

I challenge two key assumptions of speech act theory, as applied to argumentation: illocutionary monism, grounded in the idea each utterance has only one (primary) illocutionary force, and the dyadic reduction, which models interaction as a dyadic affair between only two agents (speaker-hearer, proponentopponent). I show how major contributions to speech act inspired study of argumentation adhere to these assumptions even as illocutionary pluralism in argumentative polylogues is a significant empirical fact in need of theoretical attention. I demonstrate (...) this with two examples where arguers interacting with multiple persons convey plural, argumentatively relevant illocutionary forces. Understanding illocutionary pluralism in argumentative polylogues also affords a better account of fallacious and manipulative discourse. (shrink)

The importance of speech acts for analyzing and evaluating argumentation in cases where it is suspected that the ad baculum fallacy has been committed is demonstrated in this paper by using a typical textbook example of this fallacy. It is shown how the argument in the example can be analyzed and evaluated using the devices of Gricean implicature and indirect speech acts. It is shown how these two devices can be applied to extrapolate the evidence furnished by the (...) text and dialectical context of the example. (shrink)

This paper presents a speech act analysis of presumption, using the framework of a dialogue in which two parties reason together. In the speech act of presumption, as opposed to that of assertion, the burden of proof resides not on the proponent to prove, but on the respondent to rebut. Some connections of this account with nonmonotonic reasoning and informal fallacies in argumentation are explored.

Recently, several philosophers have recast feminist arguments against pornography in terms of Speech Act Theory. In particular, they have considered the ways in which the illocutionary force of pornographic speech serves to set the conventions of sexual discourse while simultaneously silencing the speech of women, especially during unwanted sexual encounters. Yet, this raises serious questions as to how pornographers could (i) be authorities in the language game of sex, and (ii) set the conventions for sexual discourse - (...) questions which these speech act-theoretic arguments against pornography have thus far failed to adequately answer. I fill in this gap of the argumentation by demonstrating that there are fairly weak standards for who counts as an authority or convention-setter in sexual discourse. With this analysis of the underpinnings of a speech act analysis of pornography in mind, I discuss a range of possible objections. I conclude that (i) the endorsement of censorship by a speech act analysis of pornography competes with its commitment to the conventionality of speech acts, and, more damningly, that (ii), recasting anti-pornography arguments in terms of linguistic conventions risks an unwitting defence of a rapist's lack of mens rea - an intolerable result; and yet resisting this conclusion requires that one back away from the original claim to women's voices being 'silenced'. (shrink)

Using the profiles of dialogue method we identify a species of ad verecundiam fallacy that works by forestalling of questioning in arguments from expert opinion. A profile of dialogue is a graph structure used to model a sequence of speech acts surrounding both the putting forward of an argument and the response to it at the next moves in a dialogue. The method is applied to a case of cross-examining a software engineer in a legal deposition in a case (...) of intellectual property litigation. (shrink)

This paper investigates whether, and if so, in what way, argumentation can be profitably described in speech-act theoretical terms. I suggest that the two theories of argumentation that are supposed to provide the most elaborate analysis of it in speech-act theoretical terms (namely van Eemeren and Rob Grootendorst’s Pragma-Dialectics and Lilian Bermejo-Luque’s linguistic normative model of argumentation) both suffer from the same two flaws: firstly, their “illocutionary act pluralism” assumption and secondly, a lack of interest in where arguing (...) belongs in the classification of illocutionary acts. I argue that these flaws derive from the authors’ reliance on an intention-based speech-theoretical framework. Finally, I adopt a deontic framework for speech acts in order to propose an alternative way of accounting for argumentation which seems to overcome the two limitations outlined above. According to this framework, argumentation may be conceived as a speech act sequence, characterized by the conventional effects brought about by the communicative moves (as illocutionary acts) of which it is composed. (shrink)

Each one of the five books authored or co-authored by Frans van Eemeren which have so far been translated into Spanish clearly fulfills a different role. Following the chronological order, we first have Speech Acts in Argumentative Discussions (van Eemeren and Grootendorst 1984; Spanish translation 2013), a book that contains the theoretical spadework in the field of pragmatics on which the whole edifice of pragma-dialectics is erected. Then follows Argumentation, Communication, and Fallacies (van Eemeren and Grootendorst 1992; Spanish translation (...) 2002, 22007), which is the first full presentation of the Standard Theory of Pragma-Dialectics complete with its explanation of fallacies as violations of the rules of critical discussion. In the third place comes my favourite book—Argumentation: Analysis, Evaluation, Presentation (van Eemeren, Grootendorst, and Snoeck Henkemans 2002; Spanish translation, 2006)—a rare combination of sophisticated theory (again, the Standard Theory) tersely an. (shrink)

Relevance is a triadic relation between an item, an outcome or goal, and a situation. Causal relevance consists in an item's ability to help produce an outcome in a situation. Epistemic relevance, a distinct concept, consists in the ability of a piece of information (or a speech act communicating or requesting a piece of information) to help achieve an epistemic goal in a situation. It has this ability when it can be ineliminably combined with other at least potentially accurate (...) information to achieve the goal. The relevance of a conversational contribution, premiss relevance and conclusion relevance are species of epistemic relevance thus defined. The conception of premiss relevance which results provides a basis for determining when the various ‘arguments ad’ called fallacies of relevance are indeed irrelevant. In particular, an ad verecundiam appeal is irrelevant if the authority cited lacks expertise in a cognitive domain to which the conclusion belongs, the authority does not exercise its expertise in coming to endorse the conclusion, or the conclusion does not belong to a cognitive domain; otherwise the ad verecundiam is relevant. (shrink)

Understanding what it means to consent is of considerable importance since significant moral issues depend on how this act is defined. For instance, determining whether consent has occurred is the deciding factor in sexual assault cases; its proper occurrence is a necessary condition for federally funded human subject research. Even though most theorists recognize the legal and moral importance of consent, there is still little agreement concerning how consent should be defined, or whether different domains involving consent demand context-specific definitions. (...) Understanding what it means to consent is further complicated by the fact that current legal conceptions are not necessarily grounded in argument; they typically depend on appeals to authority and precedent. The purpose of this paper is to use speech act theory to provide a theoretically grounded conception of consent; such a conception can aid in the just resolution of legal and moral disputes that hinge on whether an act of consent occurred. (shrink)

Understanding what it means toconsent is of considerable importance sincesignificant moral issues depend on how this actis defined. For instance, determining whetherconsent has occurred is the deciding factor insexual assault cases; its proper occurrence isa necessary condition for federally fundedhuman subject research. Even though mosttheorists recognize the legal and moralimportance of consent, there is still littleagreement concerning how consent should bedefined, or whether different domains involvingconsent demand context-specific definitions.Understanding what it means to consent isfurther complicated by the fact that currentlegal (...) conceptions are not necessarily groundedin argument; they typically depend on appealsto authority and precedent. The purpose ofthis paper is to use speech act theory toprovide a theoretically grounded conception ofconsent; such a conception can aid in the justresolution of legal and moral disputes thathinge on whether an act of consent occurred. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...) is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

In the pragma-dialectical approach, fallacies are considered incorrect moves in a discussion for which the goal is successful resolution of a dispute. Ten rules are given for effective conduct at the various stages of such a critical discussion (confrontation, opening, argumentation, concluding). Fallacies are discussed as violations of these rules, taking into account all speech acts which are traditionally recognized as fallacies. Special attention is paid to the role played by implicitness in fallacies in everyday language use. It is (...) stressed that identifying and acknowledging fallacies in ordinary discussions always has a conditional character. Differences between the pragma-dialectical perspective, the Standard Treatment, and the formal logic approach to fallacy analysis are discussed. (shrink)

In naturally occuring argumentation, words which play a crucial role in the argument often acquire different meanings on subsequent occasions of use. Traditionally, such semantic shifts have been dealt with by the ‘fallacy of equivocation’. In my paper, I would like to show that there is considerably more to semantic shifts during arguments than their potentially being fallacious. Based on an analysis of a debate on environmental policy, I will argue that shifts in meaning are produced by a principle I (...) call ‘local semantic elaboration’. I will go on to show that semantic shifts in the meaning of a word, the position advocated by a party, and the questions that the parties raise during an argumentative process are neatly tailored to one another, but can be incommensurable to the opponent's views. Semantic shifts thus may have a dissociative impact on a critical discussion. By linking the structure of argumentation to its pragmatics, however, it may be revealed that there are two practices that account for a higher order of coherence of the debate. The first practice is a general preference for disagreeing with the opponent, the second practice is the interpretation of local speech acts in terms of an overall ideological stance that is attributed to the speaker. Because of these practices, parties do not criticize divergent semantic conceptions as disruptive, but they treat them as characteristic and sometimes even metonymic reflections of the parties' positions. (shrink)

Authority arguments generate support for claims by appealing to an agent’s authority status, rather than to reasons independent of it. With few exceptions, the current literature on argument schemes acknowledges two basic authority types. The _epistemic_ type grounds in knowledge, the_ deontic_ type grounds in power. We review how historically earlier scholarship acknowledged an_ attractiveness-based_ and a _majority-based_ authority type as equally basic type. Crossing these with basic speech act types thus yields authority argument sub-schemes. Focusing on the_ epistemic-assertive_ (...) sub-scheme (‘an epistemic authority _A_ _E_ asserts a proposition _P_’), we apply a meta-level approach to specifying critical questions. Results improve the evaluation of this sub-scheme and show how similar improvements are obtainable for other schemes. (shrink)

The widely accepted view of making an argument articulated by van Eemeren and Grootendorst (1982, 1984) has three unresolved problems that become apparent when one moves from conceptualization of the ideal to the varied practices of real argument. They are: (1) the reduction of argument components to assertives, (2) the identification of illocutionary force with a particular, contingent perlocutionary intent (convincing the listener to accept the arguer’s standpoint), and (3) the restriction of felicity conditions to fit those consistent with that (...) perlocutionary intent. This analysis amplifies objections first raised by Jackson (1985) and Jacobs (1989). (shrink)

In public and political practice, argumentation involves verbal manipulations, which have not been sufficiently studied in modern argumentation theory. This paper proposes to analyse such manipulations as speech acts, by means of the pragmadialectical theory of argumentation.

This article argues that the theoretical concept of meta-argumentative fallacy is useful. The authors argue for this along two lines. The first is that with the concept, the authors may clarify the concept of meta-argumentation. That is, by theorizing where meta-argument goes wrong, the authors may capture the norms of this level of argumentation. The second is that the concept of meta-argumentative fallacies provides an explanatory model for a variety of errors in argument otherwise difficult to theorize. The authors take (...) three as exemplary: the straw man, both sides, and free speech fallacies. (shrink)

The ad baculum is not a fallacy in an argument, but is offered instead of an argument to put an end to further argument. This claim is the basis for criticizing Michael Wreen's "neo-traditionalism," which yields misreadings of supposed cases of the ad baculum because of its rejection of any consideration of what the person using the ad baculum, or someone who refers to that use as an "argument," is doing. The paper concludes with reflections on the values that should (...) inform talk of a fallacy in an argument such as the one that Wreen is giving. (shrink)

This paper applies dialectical argumentation structures to the problem of analyzing the ad baculum fallacy. It is shown how it is necessary in order to evaluate a suspected instance of the this fallacy to proceed through three levels of analysis: an inferential level, represented by an argument diagram, a speech act level, where conditions for specific types of speech acts are defined and applied, and a dialectical level where the first two levels are linked together and fitted into (...) formal dialogue structures. The paper adds a new type of dialogue called advising dialogue that needs to be applied at the third level. (shrink)

Speech act theory seems to provide a promising avenue for the analysis of the functional organization of argument. The theory, however, might be taken to suggest that arguments are a homogenous class of speech act with a specifiable illocutionary force and a single set of felicity conditions. This suggestion confuses the analysis of the meaning of speech act verbs with the analysis of the pragmatic structure of actual language use. Suggesting that arguments are conveyed through a homogeneous (...) class of linguistic action overlooks the way in which the context of activity and the form of expression organize the argumentative functions performed in using language. An alternative speech act analysis would treat folk terminology as a heuristic entry point into the development of a technical analysis of the myriad argumentative functions and structures to be found in natural language use. This would lead to a thorough-going pragmatic analysis of the rational and functional design of speech acts in argumentation. (shrink)

Using persuasive definitions and persuasive language generally to put a spin on an argument has often held to be suspicious, if not deceptive or even fallacious. However, if the purpose of a persuasive definition is to persuade, and if rational persuasion can be a legitimate goal, putting forward a persuasive definition can have a legitimate basis in some cases. To clarify this basis, the old subject of definitions is reconfigured into a new dialectical framework in which, it is argued, a (...) definition should be evaluated in light of its purpose as a speech act. But if persuasive definitions are so often thought to be suspect, misleading, or even fallacious, how can individual cases be judged on some objective basis? In this paper, a new dialectical method of evaluating such definitions on a case-by-case basis is proposed, showing how abusive as well as reasonable uses of persuasive language can properly be identified, analyzed and evaluated. (shrink)

According to the pragma-dialectical approach to argumentation, for analysing argumentative discourse, a normative reconstruction is required which encompasses four kinds of transformations. It is explained in this paper how speech act conditions can play a part in carrying out such a reconstruction. It is argued that integrating Searlean insights concerning speech acts with Gricean insights concerning conversational maxims can provide us with the necessary tools. For this, the standard theory of speech acts has to be amended in (...) several respects and the conversational maxims have to be translated into speech act conditions. Making use of the rules for communication thus arrived at, and starting from the distribution of speech acts in a critical discussion as specified in the pragma-dialectical model, it is then demonstrated how indirect speech acts are to be transformed when reconstructing argumentative discourse. (shrink)

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (shrink)

Employs speech-act theory (a) to support the notion that biblical authors (not just their texts) are inspired and to (b) to make some points about how we ought to react to scripture—in a nutshell, scriptural passages vary in their illocutionary force, so appropriate responses will vary as well.

:In this paper, the influence of speech act theory and Grice’s the- ory of conversational implicature on the study of argumentation is discussed. First, the role that pragmatic insights play in van Eemeren and Grootendorst’s pragma-dialectical theory of argumentation and Jackson and Jacobs’ conver- sational approach to argumentation is described. Next, a number of examples of recent work by argumentation scholars is presented in which insights from speech act theory play a prominent role.

According to the pragma-dialectical approach to argumentation, for analysing argumentative discourse, a normative reconstruction is required which encompasses four kinds of transformations. It is explained in this paper how speech act conditions can play a part in carrying out such a reconstruction. It is argued that integrating Searlean insights concerning speech acts with Gricean insights concerning conversational maxims can provide us with the necessary tools. For this, the standard theory of speech acts has to be amended in (...) several respects and the conversational maxims have to be translated into speech act conditions. Making use of the rules for communication thus arrived at, and starting from the distribution of speech acts in a critical discussion as specified in the pragma-dialectical model, it is then demonstrated how indirect speech acts are to be transformed when reconstructing argumentative discourse. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm (...) is misguided; that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

Argumentation or reasoning is the act of rendering theses rationally justified or plausible, through appeal to specific premises and the use of logical inferences. The principal forms of logical inference are deductive, inductive, and abductive. The chapter outlines some common argumentative fallacies and discusses important modes of argumentation, such as the use of universalizing arguments, wedge arguments, arguments from authority, and arguments from analogy, arguing through thought experiments and allegories. In the light of the modern global turn, the focus of (...) research in the theory of reasoning and argumentation has shifted to the examination of how fundamental theses can be justified, as well as questions about how to engage in argumentation with people whose worldviews differ markedly from our own. Yet reasoning as a method of rational conviction still plays a decisive role in the comprehension, clarification, and critical questioning of one’s own positions, as well as that of others. (shrink)

John Searle has charged R.M. Hare's prescriptivist analysis of the meaning of ‘good,’ ‘ought’ and the other evaluative words with committing what he calls the ‘speech act fallacy.’ This is a fallacy which Searle thinks is committed not only by Hare's analysis, but by any analysis which attributes to a word the function of indicating that a particular speech act is being performed, or that an utterance has a particular illocutionary force. ‘There is a condition of adequacy which (...) any analysis of the meaning of a word must meet,’ Searle writes, ‘and which the speech act analysis fails to meet. Any analysis of the meaning of a word must be consistent with the fact that the same word can mean the same thing in all the different kinds of sentences in which it can occur.' Hare maintains that the word ‘good’ is used to indicate the speech act of prescribing. He maintains that one of the principal functions of this word is to indicate that utterances of sentences containing it have prescriptive illocutionary force, and that an analysis of its meaning must make explicit and ineliminable reference to this force-indicating function. But ‘good’ regularly occurs in sentences utterances of which appear to have no prescriptive illocutionary force. (shrink)

This paper describes the development of pragma-dialectics as a theory of argumentative discourse. First the development of the pragma-dialectical model of a critical discussion is explained, with the rules that are to be complied with in order to avoid fallacies from occurring. Then the integration is discussed of rhetorical insight in the dialectical framework. In this endeavour, the concept of strategic manoeuvring is explained that allows for a more refined and more profoundly justified analysis of argumentative discourse and a better (...) identification of fallacies. The paper ends with a brief overview of current research projects. (shrink)

In this paper, I want to discuss the recent attempts by Professor John R. Searle to cast doubt on the traditional empiricist distinction between fact and value. Searle's first attack on this distinction was made in 1964 in his now classic article, “How to derive ‘ought’ from ‘is’.” In that paper, he presented what he claimed to be a counter-example to the thesis that statements of fact may not entail statements of value. Searle's argument aroused much controversy and inspired many (...) attempted refutations, but Searle apparently found none of these convincing, for a few years later he published a revised version of his paper as the last chapter of his book, Speech Acts. The new version includes his replies to many of the objections which had been made to his thesis up to that time. It also includes, in the main body of the book, a theory of language which is supposed to provide the theoretical underpinning explaining why his original paper presents a genuine counter-example to the position he is attacking. It is the Speech Acts version of Searle's thesis which I want to consider here. (shrink)

In this paper, I argue that ad hominem arguments are not always fallacious. More explicitly, in certain cases of practical reasoning, the circumstances of a person are relevant to whether or not the conclusion should be accepted. This occurs, I suggest, when a person gives advice to others or prescribes certain courses of action but fails to follow her own advice or act in accordance with her own prescriptions. This is not an instance of a fallacious tu quoque provided that (...) such circumstantial ad hominem arguments are construed as rebuttals to appeals (administrative) authority (of expertise), or so I argue. (shrink)

The “Authority Problem” is the problem that arises when speakers who lack authority successfully perform speech acts that require speaker authority in order to be felicitous. One solution that has been offered to the Authority Problem holds that the non-authoritative speaker of a successful authoritative illocution comes to have authority through a process of presupposition accommodation. I call this solution the Authority Accommodation Analysis, or AAA. In this paper, I argue that there is no Authority Problem, and thus, no (...) need for an AAA. The appearance of the problem relies on a conflation between the _felicity_ of speech acts and their _success_. Yet a speech act can be successfully performed even in the absence of felicity. While authority is often a felicity condition for certain speech acts, I argue that it need not be a success condition. Ultimately, the consequence of my argument is that I must reject conventionalism about illocutionary success. (shrink)

Public arguments can be good or bad not only as a matter of logic, but also in the sense that speakers can _do_ good or bad things with arguments. For example, hate speakers use public arguments to contribute to the subordination of their targets. But how can ordinary speakers acquire the authority to perform subordinating speech acts? This is the ‘Authority Problem’. This paper defends a solution inspired by McGowan’s (Australas J Philos 87:389–407, 2009) analysis of oppressive speech, (...) including against concerns raised by McGowan (Just words: On speech and hidden harm, Oxford University Press, Oxford, 2019) herself. A _deflated_ kind of authority can be gained from the hate speaker’s standing in a norm-governed ‘activity of oppression’. We should be wary about engaging with such speakers in public argument. Even if we counter their arguments, we may still elevate their standing within that activity and so enable them to perform more pernicious speech acts than was previously possible. (shrink)

An argument can be taken as an operation of justification or as the product of this operation. But what about a counter-argument? This article is based on the hypothesis that there exists an operation of argumentative negation, which is both the argumentative and the negative equivalent of the operation of justification. Justification and argumentative negation necessarily act on assertions, for they are active at the level of the epistemic modalities of statements. As an operation, a counter-argument can thus be described, (...) as the application of an argumentative negation; as a product, it can be described as an argument the conclusion of which shows traces of negative modality. Two uses of argumentative negation are distinguished here: counter-argumentation and calling into question. The former can lead only to assertive conclusive statements, but the latter can also lead to directives or commissives. This leads the authors to introduce the notion of pseudo-argument, besides those of argument and counter-argument. It is shown in particular that when a pseudo-argument is rejected, argumentative negation has the effect of making evident an underlying argument. With respect to the latterit functions as a counter-argumentation, whereas with respect to the illocutionary act accomplished by the conclusive statement, it functions as a calling into question of a condition of satisfaction for this act. This article also defines certain characteristics of argument, proposes criteria for identifying argumentative negation in polemical conversations, and distinguishes four modes of counter-argumentation. (shrink)

Far from being of interest only to argumentation theorists, conceptions of speech acts play an important role in practitioners’ self-reflection on their own activities. After a brief review of work by Houtlosser, Jackson and Kauffeld on the ways that speech acts provide normative frameworks for argumentative interactions, this essay examines an ongoing debate among scientists in natural resource fields as to the appropriateness of the speech act of advocating in policy settings. Scientists’ reflections on advocacy align well (...) with current scholarship, and the scholarship in turn can provide a deeper understanding of how to manage the communication challenges scientists face. (shrink)

We all seem to have a sense of what good and bad arguments are, and there is a long history—focusing on fallacies—of trying to provide objective standards that would allow a clear separation of good and bad arguments. This contribution discusses the limits of attempts to determine the quality of arguments. It begins with defining bad arguments as those that deviate from an established standard of good arguments. Since there are different conceptualizations of “argument”—as controversy, as debate, and as justification—and (...) since arguments in each of these senses can be used for different purposes, a first problem is that we would need a large variety of standards for “good” arguments. After this, the contribution focuses in particular on proposals made in the literature on how to assess the quality of arguments in the sense of justification. It distinguishes three problems of assessment: How to determine whether reasons are acceptable, whether reasons are sufficient to justify the conclusion, and how to identify arguments in real-world speech acts and texts? It is argued that limitations of argument assessment result from unavoidable relativism: The assessment of many—if not most—arguments depends on the epistemic situation of the evaluator. (shrink)

Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on the (...) other hand, the listener reconstructs the propositions taken for granted and assesses them against the shared presumptions. The possibility of reconstructing a presupposition is distinguished from its assessment, where the consistency of the presupposition with the shared or common ground is evaluated, and its reasonableness established. The analysis of presuppositions from an argumentative perspective provides an instrument for evaluating the reasonableness of a presupposition and understanding its dialogical effect. On this view, the dialogical force of a presupposition lies in its presumptive nature, which sets and shifts the burden of proving its unacceptability or unreasonableness. (shrink)

The thesis that law necessarily claims authority is popular amongst legal philosophers. Some distinguished legal philosophers, including the late John Gardner, Joseph Raz and Scott Shapiro, have suggested that support for this thesis is found in legal officials’ use of deontic language. This article begins by considering the merits of this suggestion. I discuss two unpromising arguments for the claim thesis based on the use of deontic language in law. I then suggest that a more plausible basis for the claim (...) thesis lies in the felicity conditions of the speech acts that legal officials perform. In the absence of an explicit claim to authority, legal officials make a presupposition to authority over their subjects. The presupposition arises from interaction between the felicity conditions of legal speech acts and basic norms of cooperative communication. I consider some implications of this conclusion for our understanding of legal authority. (shrink)

In this paper we describe a method for the specification of computationalmodels of argument using dialogue games. The method, which consists ofsupplying a set of semantic definitions for the performatives making upthe game, together with a state transition diagram, is described in full.Its use is illustrated by some examples of varying complexity, includingtwo complete specifications of particular dialogue games, Mackenzie's DC,and the authors' own TDG. The latter is also illustrated by a fully workedexample illustrating all the features of the game.

In this paper a dialogue game for critical discussion is developed. The dialogue game is a formalisation of the ideal discussion model that is central to the pragma-dialectical theory of argumentation. The formalisation is intended as a preparatory step to facilitate the development of computational tools to support the pragma-dialectical study of argumentation. An important dimension of the pragma-dialectical discussion model is the role played by speech acts. The central issue addressed in this paper is how the speech (...) act perspective can be accommodated in the formalisation as a dialogue game. The starting point is an existing ‘basic’ dialogue game for critical discussion, in which speech acts are not addressed. The speech act perspective is introduced into the dialogue game by changing the rules that govern the moves that can be made and the commitments that these result in, while the rules for the beginning, for the end, and for the structure of the dialogue game remain unchanged. The revision of the move rules is based on the distribution of speech acts in the pragma-dialectical discussion model. The revision of the commitment rules is based on the felicity conditions that are associated with those speech acts. (shrink)

This paper argues for a reorientation of speech act theory towards an Austin-inspired conception of speech acts as context-changing social actions. After an overview of the role assigned to context by Austin, Searle, and other authors in pragmatics, it is argued that the context of a speech act should be considered as constructed as opposed to merely given, limited as opposed to extensible in any direction, and objective as opposed to cognitive. The compatibility of such claims with (...) each other is discussed. Finally, the context-changing role of speech acts is analyzed differentiating between the illocutionary and the perlocutionary dimension. (shrink)

This paper applies speech-act theory to craft a new response to Pyrrhonian skepticism and diagnose its appeal. Carefully distinguishing between different levels of language-use and noting their interrelations can help us identify a subtle mistake in a key Pyrrhonian argument.

According to the pragma-dialectical ideal of reasonableness, in case of a difference of opinion the protagonist and the antagonist of a standpoint should attempt to find out by means of a critical discussion whether the protagonist's standpoint is capable of withstanding the antagonist's criticism. In this paper, the authors formulate the latest version of their basic rules for the performance of speech acts in the various stages that can beanalytically distinguished in a critical discussion that can lead to the (...) resolution of a single and non-mixed difference opinion. (shrink)

At first glance, hate speech and microaggressions seem to have little overlap beyond being communicated verbally or in written form. Hate speech seems clearly macro-aggressive: an intentional, obviously harmful act lacking the ambiguity (and plausible deniability) of microaggressions. If we look back at historical discussions of hate speech, however, many of these assumed differences turn out to be points of similarity. The harmfulness of hate speech only became widely acknowledged after a concerted effort by critical race (...) theorists, feminists, and other activists. Before the 1990s, slurs were widely considered socially acceptable behavior: mere jokes that weren’t intended to be harmful. Authors like Richard Delgado, Mari Matsuda, and Charles Lawrence pushed back against this dismissal. In this chapter, I show that their arguments for the serious harmfulness of hate speech prefigure and provide support for current debates about the serious harmfulness of microaggressions. Exploring resonances with the 1980s hate speech debate will allow us to explain why microaggressions fall below the cutoff for legal liability but remain apt targets for moral blame. (shrink)

To those who know little about the Middle Ages, the copying of manuscripts of “the ancients” (whether classical, such as the Roman poet Horace, or Christian, such as Saints Jerome or Augustine) often seems either a laudable act of preserving the past or an unfortunate fixation on repeating the words of others rather than penning new and original compositions. Even scholars of the Middle Ages appear sometimes more interested in new types of works such as fabliaux or courtly romances written (...) in the vernacular; when they study the practice of copying, they often concentrate on identifying prototypes or legacies. Finding old wine in old bottles has been a fairly constant theme in medieval studies; sometimes, we must admit, medievalists have just thrown out the old bottles and moved on to something completely new. In this context, it may seem strange to find a work about medieval Latin manuscript commentaries titled “The Birth of the Author,” responding to Roland Barthes's well-known essay “The Death of the Author,” published in 1984 and cited repeatedly since. What can it mean to see new, self-conscious awareness of the act of personal creation in works that are copies by scribes of other works that themselves comment on yet earlier works, often of a certain age or canonicity? Yet in this intelligent, engaging, and beautifully produced book, art historian Jeffrey Hamburger not only shows how those who wrote commentaries came to suggest that anyone who composes a work (even the scribe who copies it) could be considered a creator of meaning but also that the images in commentaries themselves sometimes make statements—indeed, statements more radical than those in the text—about the author of the work being illustrated. Long known as one of the relatively rare historians of medieval art equipped with a wide knowledge of theology and hence of how images respond to and reflect text, Hamburger here shows himself possessed of a shrewd eye for the image itself. He studies illuminated prefaces to, among other texts, the prose and poetic works of Horace as used in the medieval classroom, copies of the major biblical commentary of the High Middle Ages, the Glossa ordinaria, and Rupert of Deutz's erotically charged commentary on the Song of Songs. Changing the lens through which scholars have usually viewed such texts, Hamburger argues that images of authors of commentaries sometimes go beyond anything in the text to assert the authority not only of the author of the text commented on and of the commentator but occasionally even of the scribe.The Birth of the Author is a work of complicated analysis, and its full power demands close attention. Understanding how images construct claims that go beyond the text involves a good deal of careful looking. Hamburger is a patient and clear guide, but the reader must be prepared to flip back and forth between the magnificent colored images the publisher provides and to follow what are often painstaking arguments from comparison of small visual differences or puzzling identifications of seemingly strange details. The result of doing so is, however, to gain not only the reward of Hamburger's ingenious conclusions but also a lesson in how to look. For example, in a discussion of Gilbert Universalis's commentary on the Lamentations of the Hebrew prophet Jeremiah, Hamburger shows how Gilbert not only identifies Jeremiah as a “divine rhetorician” but also assimilates his own act of authorship to Jeremiah's prophetic speech. In the only extant copy of Gilbert's text that has a program of illustrations, the artist constructs both Jeremiah's speech and Gilbert's interpretation as similar acts of creation by framing both authors in parallel architectural images that evoke the Old Testament temple and a Christian church. Or to give a final example of Hamburger's interpretive reach: the book concludes not with yet another medieval preface but with an example of the far less usual manuscript epilogue. Here not only commentator, scribe, and illustrator but even the medieval reader construct themselves. Reception becomes interpretation, illustration becomes construction. In a commentary by the Carolingian figure Sedulius Scotus (fl. 840–60) on the Roman grammarian Donatus (mid-fourth century), the illustrator depicts Donatus as author and scribe (thus assimilating author into copier and vice versa). On the same folio, a later medieval reader constructs himself as reader/author in a charming marginal doodle that seems to entrap Donatus in a sort of hangman's noose. Thus, a bit wryly perhaps, Hamburger—himself teacher, commentator, and consummate scholar—seems to suggest that even frustrated students can construct themselves as interpreters and, yes, authors. Behind the seeming repetition and backward glance of the images in medieval commentaries lies radical and forward-looking self-awareness of the acts of authoring, interpreting, reading, and imagining. In Hamburger's analysis, the most seemingly conventional of medieval genres—the preface to commentaries on the texts of others—is a locus of the birth in illustration of the self-conscious and self-expressive author and reader. (shrink)