Archives de l’auteur : Christian Plantin

Testimony

A testimony is a particular kind of authoritative statements, S. Authority:

— Preliminary Conditions:

        • The issue I under discussion is related to an event E. Criminal or not, E has an exceptional character.
        • Person W was in a condition to see or hear something about the event E at issue.
        • Some discussants have a limited access, or no access at all to E,
        • So, in the discussion I, W qualifies as a witness to E.

— Essential Conditions: testimonies are subject under a special truth commitment:

        • W says T.
        • T is relevant to I; T is presumed to be True.

1. Criticism of testimony

Discourses against testimonies of any kind are based on two options, examination of the fact, questioning of the witness. These discourses may be schematized as follows.

— The fact is in itself not credible, not possible, not probable.

— The witness is not credible because:

        • He or she could not see, hear… what he or she pretends to have seen, heard…
        • He or she is partial, biased, or lies.
        • He or she is not competent; he or she has been manipulated; corrupted.
        • In other cases where his or her testimony could be verified, it proved wrong.
        • Other witnesses say otherwise.
        • He or she is the only witness, so his or her testimony is not acceptable (testis unus, testis nullus, “one testimony, no testimony”)

Testimony and criticism of testimony play a particularly important social role in judicial matters and in matters of faith. They also play an important private role in everyday issues, insofar at they underlie the narratives of witnesses to critical life events.

2. Testimony in rhetorical argumentation

In the Topics, Cicero clearly posits judicial testimony as part of the data the court must rely upon, as opposed to discursive proofs, S. “Technical” and “Non-Technical”. According to the modern democratic concept of testimony, witnesses are in principle granted the same status; they and their statements are subject to the same critical examination. The ancient rhetorical concept of testimony is quite different. According to Cicero, in Roman court practice, the weight of a testimony is a priori proportional to the social authority granted to the witness.

For our present purpose, we define testimony as everything that is brought in from some external circumstance in order to gain conviction. Now it is not every sort of person who is worthy of consideration as a witness. To gain conviction, authority is sought; but authority is given by one’s nature or by circumstances. Authority from one’s nature or character depends largely on virtue; in circumstances there are many things which lend authority, such as talent, wealth, age, good luck, skill, experience, necessity, and even occasional fortuitous events. (Cicero, Top., XIX, 73; Hubbell, p. 439)

In this quotation, the mentioned “circumstances” include basic elements determining the social status of the witness. “Necessity” refers to testimony collected under duress and torture. The expression “fortuitous events” refers to emotional speech, emotion being considered a guarantee of truth.

 

In the Roman world, testimony was actually guaranteed not only by an in-depth examination of the witness and the alleged fact but also by the precise status of a witness, if a citizen, or by the amount of pain the witness could bear, if a slave. The use of torture to gain true information is now morally condemned, and practically recognized as an ineffective means to gather information, “Beer, cigarettes work better than waterboarding[1].

The concept of testimony in ancient texts covers a wider field than personal testimony about a particular fact. Testimony can also guarantee principles, and in that case, the witnesses are “the ancient authors, the oracles, the proverbs, the sayings of the illustrious contemporaries” (Vidal 2000, p. 60).

3. Testimony in matters of faith

The capacity of truth to be more compelling than any kind of pain is inherent to the Christian tradition of martyrdom. The word martyr comes from the Greek word meaning witness; the martyr is a witness of the divine Word. Martyrdom is a kind of torture; truth is certified through torture. As Pascal states: “I believe those stories only, whose witnesses let themselves be slaughtered” (Thoughts, p. 117).

The validation of testimony through martyrdom leads to a paradox. In reality people have been tortured and killed for a variety of beliefs and values; Giordano Bruno for example is a “martyr of atheism”. The proposal must therefore be reversed, and, according to Saint Augustine’s saying, “it is not the penalty but the cause that constitutes a martyr.”[2] If the cause is bad (heresy), the “martyr” is an offender and has been punished as such.

Confession and testimony

Denials are weak arguments for innocence, but avowals are strong arguments for culpability. When it contradicts a denial, a testimony is believed over and above the denial. But consider the case of a person accusing himself or herself of a horrible murder but confronted with a testimony claiming that materially he or she cannot have committed the crime. The general question is whether avowals, confessions should be trusted over testimonies to the contrary?

Is witnessing reflexive? That is, can I bear witness of myself, of my own actions? The Evangelist John reports that Christ said no, “If I bear witness of Myself, My witness is not true.” (John 5:31)[3]; S. Relations, 2 Reflexivity.

Paradox of weak testimony

The Latin word testis means “witness” and “testicule”. In Roman culture, as in some contemporary cultures, testimony is the reserve of men; a woman’s testimony, if admitted at all, is considered weaker and less credible than that of a man. A single testimony from one man for example, is of equivalent value to that of several women. As a consequence, if a text claims only a woman’s testimony to certify a fact, it can be argued that this is indirect proof of the authenticity of that fact, for, if the fact were forged, the text would have claimed to be supported by a man’s testimony. This argument is developed from the Gospels, which, referring to the resurrection of Christ, mentions that women discovered the empty tomb. The cultural weakness of their testimony is taken to be indirect strong evidence for that fact.



[1] “Mattis to Trump: beer, cigarettes work better than waterboarding”. http://www.military.com/daily-news/2016/11/23/mattis-trump-beer-cigarettes-work-better-waterboarding.html (07-05-2017)

[2] Augustine, Second Discourse on Psalm 34. In St Augustine on the Psalms. Trans. and An. by S. Hegbin, and F. Korrigan, Vol. II, Ps. 30-37. New York & Mahwah: The Newman Press, p. 220.

[3] New King James Version (NKJV); Quoted after https://www.biblegateway.com/passage/?search=John+5%3A31&version=NKJV (05-05-2017)


 

“Technical” and “Non-Technical” Evidence

1. The opposition “technical” / “non-technical”

Aristotle distinguishes between two instruments of persuasion, or rhetorical proof (pistis):

Of the modes of persuasion some belong strictly to the art of rhetoric and some do not. By the latter I mean such things as are not supplied by the speaker but are there at the outset — witnesses, evidence given under torture, written contracts, and so on. By the former I mean such as we can ourselves construct by means of the principle of rhetoric. (Rhet., I, 2; RR, p. 105)

Rhetoric is a technique, a “techne”, that is “a process that strives for perfection, occurring by means of the deliberate action of a human being” (Lausberg [1960] §1). That is why rhetorical proofs are called technical proofs (or artificial proofs), as opposed to non-rhetorical, or non-technical proofs (Lausberg [1960], § 351-426).

The distinction is made in relation to the judicial situation. “Technical” proofs are discursive, oratorical means of pressure.

“Non technical” proofs are proofs in the contemporary sense of the word. They correspond to the facts submitted to the court, the “given” material facts which the orator cannot manipulate, for example, the public declarations made by the witnesses, or the contracts signed between the two parties. The language of the contracts and the discourse of the witnesses is considered to be free from rhetoric, at least in their basic formulation, whilst the language of the orator is rhetorical, that is, endowed with an autonomous power of persuasion, if necessary, challenging material evidence, S. Pathos.

 

The technicaL vs. non-technical distinction bears on the three components of rhetorical action:

— Technical logos is defined by the use of topoi, signs, etc.; non-technical logos is defined by the parallel intervention of witnesses, contracts, etc.

— Technical ethos is a speech product, the self-made image of the orator embedded in discourse (Amossy 1999); non-technical ethos is the other-made image of the orator, something like his or her reputation, which can run counter to the first.

— The technical pathos is the strategic emotive communication, and the non-technical pathos corresponds to the spontaneous emotional communication, S. Emotion.

2. A now misleading terminology?

First and most importantly, this terminology is now opaque and counter-intuitive, incompatible with the contemporary use of the word “technical”.
“Non-technical” proofs are just proofs in the ordinary contemporary sense of the word.

All the elements called “non-technical” are the rough material submitted to the court. They may be practically sufficient to settle the issue definitively, yet, “[they] require, very frequently, to be supported or overthrown with the utmost force of eloquence” (Quintilian I. O., V, 2, 2). In other words, the speaker must interpret the testimonies, the content of the contract, the confessions, in order to transform this rough material into data, that is, to orient them towards a conclusion in favor of the party he represents. So, “non-technical proofs” are not free from language and rhetoric.

— The distinction is closely linked with judicial situations. Argumentation also deals with very different situations, such as, for example argumentation developing in everyday semi-technical discourse and presenting mixed kind of proofs. For these reasons, and to highlight terminological difficulties, in this book, the terms “technical” and “non-technical”, when used in their traditional rhetorical sense, are placed within quotation marks.

Such questions may seem somewhat irrelevant, but wrongly so. The opposition has a distinct structuralist nature, emotion, character, and situation being re-defined as discursive objects. This position has proven fruitful; nonetheless, it has its limits. The issue is the definition of the object of argumentation studies: should they be purely discursive data, and we shall then take into account only purely linguistic phenomenon, or contextualized interactional discourse, taking into account the situation and the ongoing collaborative actions?

3. “Non-technical” proofs

3.1 What are “non-technical” proofs

The “non-technical” evidence is the material, the factual elements, brought before the court. They define the issue structuring the debate, and may include elements such as, “witnesses, examinations, and like matters decide on the subject that is before the judges” (Quintilian, IO, V, 11, 44). They might receive a secondary rhetorical treatment, but their existence is beyond the reach of the rhetorician.

The list of non-technical evidence varies somewhat. Aristotle counts as non-technical, “witnesses, evidence given under torture, written contracts, and so on.” (Rhet, op. cit. supra). Quintilian counts as non-technical “precognitions, public reports, evidence extracted by torture, writings, oaths, and the testimony of witnesses, with which the greater part of forensic pleadings are wholly concerned”. (IO, V, 1, 2). Traditional lists include the following elements.

Precedent, authority, rumor

An important means of argument, appeal to authority, has sometimes been considered to be technical, sometimes to be non-technical. Different kinds of authority must be distinguished, and first, the authority of a judicial decision made by a judge recognized for his or her competence, and passed into judiciary custom; in other words, a precedent turned into a law. This is clearly a “given” of the judiciary situation, that is to say, a “non-technical” element. An authoritative statement can also be understood as (a declaration of) a socially recognized personality.

“Precognitions”, prejudices, rumors, public opinion is a form of authority, perhaps linked to the possibility of recourse to an appeal to the populus in Roman law, S. Ad populum.

Contract, written document

Whether or not a contract was signed is a fact, which may be decisive.

Material elements

Material elements, such as the murder weapon, or the bloody tunic of the victim, etc., all make up the judiciary hardware.

Oaths

Oaths guarantee the citizen’s declaration.

Testimony, torture

Taking into account “reports” obtained under torture is shocking, and reminds us that the old democracies and republics put up with slavery and torture. The Rhetoric to Herennius presents the basic arguments about the use of such reports. The first argument advocates that they be considered in court, the second that they be discounted:

We shall speak in favor of the testimony given under torture when we show that it was in order to discover the truth that our ancestors wished investigations to make use of torture and the rack and that men are compelled by violent pain to tell all they know […] Against the testimony given under torture, we shall speak as follows: In the first place our ancestors wished inquisitions to be introduced only in connection with unambiguous matters, when the true statement in the inquisition could be recognized and the false reply refuted; for example, if they sought to learn in which place an object was put, or if there was in question something like that which could be seen, or be verified by means of footprints, or be perceived by some like sign. We then shall say that pain should not be relied upon, because one person is less exhausted by pain, or more resourceful in fabrication than another, and also because it is often possible to know or divine what the presiding justice wishes to hear, and the witness knows that when he has said this his pain will be at an end. (Ad Her., II, VII, 10)

The list of “non technical” proofs might be extended by elements such as the following:

— For some cultures or persuasion, miracles can create a form of non-technical persuasion.

— In the early Middle Ages, the trial by ordeal, or God’s judgment, was also believed to establish the truth in a non-technical way: if the accused is able to pass through the fire more or less alive, he or she is acquitted; if he or she dies, the punishment proves the guilt.

— In contemporary times, it would be necessary to add the forensic proofs, for example the DNA tests. All these proofs would be typically called technical, in contrast with rhetorical or language-based argument.

3.2 Superiority of non-technical evidence

In current cases, the facts, documents, witnesses or material evidence, make it possible to solve the problem and settle the dispute:

When one of the parties had “non-technical” evidence, the case was clear for the judges, and needed only a few words. (Vidal 2000, p. 56).

Factual evidence is clearly essential in the judiciary, language playing of course an important role for the presentation and orientation of facts. Evidence produced by rhetorical arguments is used only when factual evidence is missing, for lack of anything better.

“Non-technical” evidence is paramount in actual judiciary decision. “Technical” evidence comes to the fore in rather special cases, when any legal document, any physical evidence, testimony, etc. is lacking. Such an exceptional situation is staged in the comical anecdote where Tisias opposes Corax. Corax has agreed to teach Tisias his rhetorical skills, and to be paid according to the results obtained by his student. If Tisias wins his first trial, he will pay his master; if he loses, he will have nothing to pay. After completing his studies, Tisias sues his master, claiming that he, Tisias, owes nothing to him, Corax. Indeed, this is Tisias first trial, and either he wins or he loses. First hypothesis, he wins; following the judge’s verdict, he owes nothing to his master Corax. Second hypothesis, he loses; in virtue of their private agreement, he owes Corax nothing. How can Corax meet this challenge? He repeats verbatim Tisias’ pattern of argument but in reverse. First hypothesis therefore Tisias wins the case; by private agreement, Tisias must pay. Second hypothesis, Tisias loses the case; by law, Tisias must pay for the education received. In both cases, Tisias must pay. It is said that the judges kicked out the litigants.

Rhetorical proofs, operating in a language having no contact with the world, are proofs by default. This is a borderline case, not a prototypical case of the argumentative rhetorical use of language, which, in general, operates with elements of reality and conventions that constrain its unbridled use.


 

Tagging

To analyze an argumentative text or interaction means to tag them according to three main levels.

    1. Delineating the different sequences that compose the text or the interaction under analysis. Characterizing the type and degree of argumentativity of these sequences.
    2. For each argumentative sequence, determining the different lines of argument and their structures; the argument(s), the conclusion(s); the role of the counter-discourses, that is, the kind of mutual criticism and evaluation implemented by each argumentative line.
    3. Specifying the argument schemes.

The analysis of an argumentative sequence must be based on relatively objective criteria, that is to say defined as best as possible, stable and shareable ones, even if not always decisive. The analysis of an argumentative passage is an argumentative activity, whose claims can be criticized and must be justified.

In formal language, one would have markers, that is to say, univocal and automatically identifiable material elements that would allow us to hold discourses such as,

— Presence of marker(s) S: so, this passage is an argumentative sequence.
— Presence of marker(s) A: so, this segment is an argument.
— Presence of marker(s) C: so, this segment is a conclusion.
— Presence of markers T: the underlying argumentation scheme is of such and such a type.

Natural language arguments do not have such markers. Actual linguistic markers are systematically polysemic and polyfunctional. Their strictly argumentative function must be evaluated according to the context. It is as much the context that designates a marker as argumentative as the marker that designates the context as argumentative.

1. Delineating an argumentative sequence

1.1 Sequencing the language flow

At the most general level, if we postulate that language or speech are by nature argumentative the problem of identifying specific argumentative sequences does not arise. If we postulate that, within the macro language datum (text, interaction), only some sequences are more or less argumentative, these sequences must be cut out from the language flow.
A sequence is a relevant analytical unit. The argumentative passages that are exploited in textbooks as well as in scientific presentations, are the product of this first sequencing operation. Sequencing and subsequencing the language flow is, most of the time, a routine operation. The selection of relevant argumentative passages is nonetheless the first problem the analyst must confront, and theirchoice of giving such and such frontiers to the sequence under analysis should therefore be explicit and justified. The correct implementation of this operation supposes a foray into the broader domains of case and corpora building.

In classroom interactions, for example, the sequence, “problem resolution” is distinct from the sequence, “homework and instructions”. In a meeting, the sequence, “agenda setting” is distinct from the sequence “discussion and decision about agenda item 19”. For a participant, identifying the sequence simply means “knowing what we are presently doing”.

Sequences and subsequences of any kind can be defined externally by their boundaries and internally by their own structure and foreground activity.

— Externally, the boundaries of the sequence are transition points characterized by topic changes, by specific closing and opening formulas, and by a re-design of the interaction format.

— From the internal perspective, the sequence is defined by a type of linguistic activity, by a specific interaction format, and by a semantic-thematic coherence, which globally obeys a completion principle. Exactly what a complete sequence consists in depends on the kind of sequence envisaged; the internal principle of completeness of a problem resolution sequence is not the same as that of an agenda setting sequence.

1.2 Delineating argumentative sequences

Argumentative sequences are isolated according to the same internal and external criteria, argumentativity being their specific difference.
Argumentation can be the defining activity of the sequence. It follows that the sequence, “discussion and decision about agenda item n° 19” should normally be highly argumentative. The external boundaries of such an institutionalized argumentative sequence depends upon the rules of the institution.
Argumentation can be an emerging activity in every kind of sequence; for example, somebody disagrees or makes other suggestions during the presentation of the agenda. The left boundary (opening) of an emerging argumentative sequence is characterized by the concretization of an opposition into an argumentative question. The right boundary (closing) can be of any kind, and is sometimes easier to grasp when it is considered in contrast to the following sequence; for example, the Chair looks at the clock and says “Well, I suggest that you further discuss this very interesting point during the coffee break. Thanks for your participation”.

When dealing with a local issue, an argumentative situation may develop and close on the spot, possibly leaving no trace in the memory of the participants.
When dealing with a pre-existing question, such as a socio-scientific issue, the present discussion is just one episode in the larger development of the question as discussed in various settings and crystallized in a specific script. In this case, the question has a story and the sequence is only an episode, which will not close the file.

2. Re-composing argumentative lines: coalitions; argument(s), conclusion(s); criticism and counter-discourse

The internal structure of the argumentative sequence is characterized by the type and the density of the argumentative operations it articulates. Classical analytical points include the following:

— If the text is a multi-speaker interaction or a polyphonic monologue, the analyst must attribute their own to every participant, that is the positions they hold and the roles they play in the global dispute.
Positions are identified as the segment providing, or pointing to, an answer to the argumentative question. Experience shows that this apparently elementary task may be rather challenging.

— Once the exact content of the oppositions and positions has been determined, one can observe the systems of coalition of the relevant positions, as well as their evolution in the dispute.

— The positions being thus localized, one looks at how the surrounding discourse ties with the proposed conclusion-answer, that is to say one identifies the argument(s).
The Indicators of argumentative function, when available, help to identify the passage as an argument or a conclusion.

— The analysis of critical strategies implemented by the participants bears upon the different modalities of counter-discourse management: Direct repetition of other discourses, or evocations, reformulation, of these discourses, rebuttals of the opponents’ arguments. S. Destruction; Refutation; Objection.

— A most interesting point is the observation of the interactions between the the participants, not only the opponent-proponent interactions, but also their interactions with the third parties, and the public at large.

— Observations about the relation between the arguments developed on the spot by the participants and the general script attached to the question, when available, will be always very instructive.

— Further issues involve the global characterization of the argumentative line developed by key participants, as implementing such-and-such strategy.

3. Argument schemes

The argument scheme can be explicitly formulated in the passage as a general law. In order to identify it, one might look for generic statements, which generally function as good supports for the affirmation of values, principles or laws.
To decide upon the correct argumentation scheme, one must investigate whether there is an acceptable paraphrase relationship between the generic discourse corresponding to the argument scheme, and the actual current argumentative discourse under investigation (in classical terms, between the topos and the enthymeme); for a detailed example of this mapping. The operations needed to determine whether such an argument scheme is reflected in the actual argumentation depend heavily on the schema involved. The same concrete argumentative discourse may be matched by several, non-exclusive schemes.


 

Syzygy

The word syzygy is an adaptation of the Greek word meaning “conjunction”.
In astronomy, a syzygy occurs when three celestial bodies are aligned, like the sun, the earth and the moon during an eclipse of the Moon.

In the traditional Catholic exegesis, there is a syzygy correspondence between two beings, events, actions, when 1) they are not contemporaneous; 2) they bear a strong analogy; 3) and the first prefigures, signifies, or announces the second. The first, the precursor, is called the type and the second is termed the antitype.

The Old Testament introduces the Types, the New Testament presents the Antitypes (this vocabulary is specific, it has nothing to do with the model / anti-model perspective) :

“the Antitype not only repeats but completes and perfects the Type. […] Noah, Abraham, Moses … are “Types” of Christ” (Ellrodt 1980, 38).

The syzygy principle orders history and the world, and, as such, founds the syzygy argument, used to an ever greater extent to establish significant links between the two “Type vs. Antitype” spheres. It exploits the resources of structural nalogy, proportion and proportionality and a variant of the argument of progress: what comes before is analogous to, but has less being and substance than what comes after, in a two-state world.

A variant of the syzygy principle projects the mundane world, considered to be a Type, onto the after-life, or eternal world, its Antitype, where it finds its raison d’être.

The syzygy argument retains its pedagogical function, which is to give the believer an idea of future conditions: the Monarch is the Type, of which the Almighty Father is the Antitype.

For him [Man] also he [God] hath varied the figures of combinations [syzygies], placing before him small things first, and great ones afterwards, such as the world and eternity. But the world that now is, is temporary; that which shall be is eternal.
Clementine Homilies, 3rd Century (disputed).[1]

 

Syzygy-like principles can still be used, maybe ironically, to back a historical analysis.

In France, on Brumaire 18th (November 9th), 1799, Napoleon Bonaparte engaged in a coup in order to establish his dictatorship. Half a century later, his nephew, Louis-Napoleon Bonaparte also seized power by force. Karl Marx comments as follows on the relation between these two coups:

Hegel makes this remark somewhat that all the great events and historical personages are repeated, so to speak, twice. He forgot to add: the first time as a tragedy, the second time as a farce […]. And we find the same caricature in the circumstances in which the second edition of the 18th Brumaire appeared.
Karl Marx, The Eighteenth Brumaire of Louis Napoleon, 1851.[2]

The principle, history repeats itself the first time as a tragedy, the second time as a farce is an inverted syzygy.


 

 


[1] Clementine Homilies. Edimburgh: Clark, 1870, p. 38 (Homily II, Chapter XV. Quoted after www.ccel.org/ccel/schaff/anf08.html.

[2] Brumaire is the second month of the French Revolutionary Calender, corresponding to October-November; the Revolutionary year began in Autumn. “The second edition” is the nephew’s coup. Quoted after: www.marxists.org/archive/marx/works/download/pdf/18th-Brumaire.pdf. P. 5. (09-20-2013)

Systemic

The systemic argument is an overall argument, referring to a definition of a whole as a structure in which everything fits together perfectly.
Taken literally, this principle asserts that each element of the system takes its full meaning only in light of its relation to the other elements in the system, and that it must be interpreted and applied accordingly.
This applies to specific laws in collections of laws, as well as to statements and passages in sacred texts and literary masterpieces.

This broad principle covers a set of argumentative techniques appealing to:consistencycompleteness, economy, or (non-)Superfluity

The argument from title postulate that the text is locally coherent.

The application of the a pari, opposite, a fortiori, schemes depends upon the effective realization of these systemic requirements in the considered system.

In the case of law codes, the systematic aspiration is immediately confronted with the de-stabilizing, complex forces of social and historical evolutions.

Syllogism

In the Aristotelian world, the theory of the syllogism covers all reasoning, in science, dialectic or rhetoric. In science, this is in logic, the syllogism is defined as

an argument in which, certain things being laid down, something other than these necessarily comes about through them (Aristotle, Top., I, 1).

The classical syllogism is a discourse composed of three propositions, the “things being laid down” are the premises of the syllogism, and “something other than these necessarily comes about through them” is the conclusion.

Syllogistic inference involves two premises, while immediate inference is based upon one premise, S. Proposition.

The logic of the analyzed propositions concerns the conditions of validity of the syllogism. A valid syllogism is a syllogism such that, if its premises are true, necessarily its conclusion is true (the conclusion of a syllogism does not have to be a necessary truth, it’s a truth that follows necessarily from the premises). The premises of the syllogism cannot be true and its conclusion false.

In Aristotle’s words, the syllogism, is a “demonstration” “when the premises from which the reasoning starts are true and primary, or are such that our knowledge of them has originally come through premises which are primary and true” (ibid.).

1. Terms of the syllogism

The syllogism articulates three terms, the major term T, the minor term t and the middle term M:

— The major term T is the predicate of the conclusion.
The premise containing the great term T is called the major premise.

— The minor term t is the subject of the conclusion.
The premise containing the small term t is called the minor premise.

— The middle term M connects the major and the minor terms, and consequently disappears in the conclusion, which is of the form < t is T >.

2. Figures of the syllogism

The form of the syllogism varies according to the subject or predicate position of the middle term in the major and minor premise. There are four (maybe only three) possibilities, which constitute the four figures of the syllogism, S. Figures. For example, a syllogism where the middle term is subject in the major premise and predicate in the minor premise is a syllogism of the first figure:

Major Premise          M – T              man-reasonable
Minor Premise         t – M                horse-man
Conclusion               t – T                 horse-reasonable

3. Modes of the syllogism

The mode of the syllogism depends on the quantity of the three propositions which constitute the syllogism. A proposition may be universal or particular, affirmative or negative, giving a total of four possibilities.

Each of these four possibilities for the major premise may combine with a minor premise, also admitting four possibilities, to give a conclusion that also admits four possibilities, totaling 4 x 4 x 4 = 64 forms.

Moreover, each of these forms admits the four figures, making all together 256 modes. Some of these modes are valid, others are not.

For example, the first figure of the syllogism corresponds to the case where, a universal conclusion derives from two universal premises. This deduction corresponds to the valid mode:

Major Premise             All human are reasonable
Minor Premise             All Greeks are human
Conclusion                   All Greeks are reasonable

This mode is known as Barbara, where the vowel a marks that the major, minor and conclusion are universal, S. Proposition.

4. Example: the conclusive modes of the first figure

Syllogistic deductions are clearly exposed in the language of set theory.

— Two (non-empty) sets are disjointed if their intersection is empty; they have no elements in common.
— The two sets intersect if they have some elements in common.
— One set is included in the other if all the elements of the first set also belong to the second set.

In what follows, M reads as “set M”, similarly for P and S. The first figure of the syllogism admits four conclusive modes.

A – A – A syllogism

A          every M is P
A          all S are M
A          hence all S are P.

A – I – I syllogism

A          every M is P
I           some S are M
I           hence some S are P

E – A – E syllogism

E          no M is P
A          all S are M
E          therefore no S is P

E – I – O syllogism

E          no M is P
I           some S is M
O          therefore some S is not P

These forms of basic reasoning used in categorization.

5. Evaluation of syllogisms

S. Paralogisms

6. Syllogisms with premise(s) having a concrete subject

The preceding definitions correspond to the traditional (Aristotelian) categorical syllogism, bearing on quantified variables. The word syllogism is also used to refer to a form of reasoning where one premise has a concrete subject. A concrete subject is a subject referring to a unique single individual, by means of various expressions such as this, this being, Peter, the N who.

Syllogisms instantiating a universal proposition are examples of such syllogisms. These assign to an individual the properties of the class to which he or she belongs:

the x are B
this is an x
this is B

The following type of reasoning is based on two concrete propositions can also be called, rather metaphorically, “syllogistic”. It refutes universal propositions such as “all swans are white”:

This is a swan      the proposition refers to a concrete individual
This is black         the proposition attach a property to the same individual
Applied to the same subject, “being black” and “being white” are opposite predicates
Therefore the claim “all the swans are white” is false

7. Syllogistic forms with more than two premises

By extension, one also calls a syllogism an argument based on several arguments either linked, convergent, or again having the form of an epicheirema.

A chain of propositions where the syntactic form and mode of linking more or less mimic those of a syllogism may also be called a syllogism, S. Expression.

The famous syllogism “everything rare is expensive, a cheap horse is a rare thing, so a cheap horse is expensive” is developed on the basis of two contradictory premises, so it is normal that its conclusion be absurd.

Superfluity of the law, Arg. of the —

Argument ab inutilitate (legis); Lat. utilitas “utility, interest”, lex “law”; argument of uselessness (of the law).

The argument of the superfluity of the law is a matter of legal logic, S. Juridical Argument. As it is based on the principle of legislative economy, it is also referred to as the economy argument, or from uselessness argument.
This argument presupposes that the code is drawn as a system, so that none of its dispositions paraphrases another. The code is supposed to be laconic. So, an interpretation of a law that would make another law redundant, so superfluous, must be rejected: “Under interpretation I, passage A becomes equivalent to passage B, which then becomes redundant and useless. We must therefore favor an alternative interpretation of passage A”. This is a form of argumentation from the absurd (undesirable consequences). The new interpretation will be sought, for example, in the intention of the legislator.

By extension, the argument of the superfluity of the law applies to cases where the application of a law presupposes a state of fact. If entrance to a nightclub is denied to teenagers under 16, there is no need for a law prohibiting selling or serving alcohol to them in these places. Legislation on this would be superfluous.
But if it is forbidden to sell alcohol to people under 16, they might can freely attend these institutions; otherwise the law prohibiting the consumption of alcohol would be superfluous.

Let us assume that a regulation prohibits participants from voting on matters of direct concern to them. The question then is whether the participants can take part in discussions about these issues? Should it be specified in the regulation that their presence in the assembly is authorized?

— Argument by the superfluity of the regulation: Yes, they can participate. No, there is no need for a specific provision. Suffice it to observe that to vote one must be a member of the assembly; if you are forbidden to vote, it is precisely because you are part of the assembly. If you were not in the assembly, then it would be superfluous to forbid you to vote. No further clarification is needed.

— Argument “things which go without saying are better said”: so, let’s introduce the provision, “all those concerned do not take part in the vote but participate in the discussion sessions on the questions concerning them”. The new regulation is safer. In the first case, the price to pay is a subtle semantic inference; in the second, a slight redundancy.

Economy principle applied to sacred texts

The principle of economy applies to sacred texts. Consider the problem of the application of the scheme of the opposite to a prescription expressed as:do not do this under such and such circumstances”. In ordinary cases, the application of the rule of the opposite leads to the conclusion that: “outside of these circumstances, you can do it”.

Sometimes the Koranic text explicitly mentions the opposite case (Khallâf,1942; Koran, 4-23), according to the scheme:

Do not do this under such and such conditions. Out of these conditions, do so.

Whereas in other cases, the contrary is not explicit:

Do not do this under such and such conditions.

The question in this second case is thus whether one can appeal to the scheme of the opposite to complete the text? If one adds “under other circumstances, do it!”, the literal precision given in the first case is rendered useless. If it is assumed that the Sacred Text is perfect, it expresses nothing useless or superfluous. In this case, nobody has the right to add to it, and to conclude anything about what to do or not to do.

The supreme legislator remaining silent, the judge’s decision will be founded on tradition, or on some other recognized source of legislation.


 

Values

In the field of argumentation studies, the word value can refer to:

    1. The truth-value of a proposition, S. Proposition.
    2. The value of an argumentation, S. Evaluation; Force.

The question of values ​​and value judgments: this entry.

1. Values as a unified field

The philosophical tradition considers that questions about

the good, the ends, the right, obligation, virtue, moral judgment, aesthetic judgment, the beautiful, truth, and validity (Frankena 1967, p. 229)

belong to separate domains: morality, law, aesthetics, logic, economics, politics, epistemology.

Since the beginning of the twentieth century, these questions have been taken up globally, within the framework of a general theory of values, of distant Platonic ancestry. This “wide-ranging discussion in terms of ‘value’, ‘values’, and ‘valuation’ [then] spread to psychology, the social sciences, the humanities and even to ordinary speech” (ibid.).

2. The New Rhetoric on values

The concept of value was introduced into the field of argumentation by Perelman & Olbrechts-Tyteca’s New Rhetoric [1958], in the philosophical filiation of Dupréel (1939) (Dominicy n. d.).
It constitutes its permanent foundation, as shown by the introductory chapter of Perelman “Juridical Logic” [Logique juridique] (1979) entitled « The New Rhetoric and Values ».

The status of value and the role of values in argument is extensively discussed and exemplified in Guerrini 2019 Les Valeurs dans l’argumentation [Values in Argumentation]

2.1 Perelman’s research program on the logic of values

Perelman presents his discovery of the theory of argumentation as a step beyond a research program on the “logic of value judgments” (Perelman 1979, §50, p. 101; 1980, p. 457). This latter research led him to the following results:

— « There is no logic of value judgments » (ibid.) that would allow their rational organization. This conclusion that is said to be « unexpected » (ibid.).

— Contrary to the project of classical philosophy, it is impossible to build an ontology that would allow a “calculus of values” regulating their hierarchy.

— The treatment of values by logical positivism leads to a dead end. It maintains a gap between the values and the facts from which they cannot be derived. The consequence of this disconnection is that any recourse to values is rejected as irrational.
Perelman argues that considering that value-based actions are irrational is self-defeating, since it implies that practical reasoning and the whole field of law, both based on values, should be regarded as irrational, which is absurd because unacceptable.

Perelman’s conclusion is that, since science and logic deal with truth judgments, they cannot provide the rules of practical reason, which deals with value judgments. Such is the basic of the Perelmanian claim, that re-asserts the gap between the rational and the reasonable, between “the two cultures”, science and humanities, S. Demonstration; Proof.
Furthering his research program on values, in search of other methods capable of accounting for the rational aspect of the use of values, Perelman sought other perspectives better suited to this specific object. He found them in Aristotle’s Rhetoric and Topics, which provide techniques for an empirical study on how individuals justify their reasonable choices. Perelman was then able to redefine his theoretical objective no longer as a logic, but as a (New) Rhetoric (ibid.). The argumentative-rhetorical method ​​appears to be the solution to the failure of the logical and philosophical treatments of values. Perelman consistently opposes the project of classical philosophy to develop a calculus of values, since it is not possible to derive a hierarchy of values ​​from an ontology of values. More specifically, Perelman opposes Bentham on the possibility of a calculus of pleasures and pains.

2.2 The opposition fact / value, value judgement / reality judgement

The New Rhetoric is thus structured around two issues concerning values.  The first one has a logical origin. It concerns value judgments, made about a being or a concrete situation. second has a philosophical origin. It concerns substantial values such as the true, the beautiful and the good, which are the most general of all values.
In the TA, values are defined by the following distinctions and operations, which actually retain much of its positivist origin.

— Facts are necessary and compel the mind, whereas values ​​call for an adherence of the mind, S. Argumentation (I).

But in practice, value judgments and reality judgments are difficult to distinguish. Contextual considerations may be necessary to characterize a judgment as a value judgment: “this is a car” can be a judgment of fact or a value judgment; “this is a real car” is only a judgment of value (see Dominicy, n. d., p. 14-17).

In science, if two truth-judgments about a reality are contradictory, one of them is necessarily false (principle of the excluded middle), while two contradictory value judgments, “this is beautiful! vs. this is ugly!”, may both be justified by value-based arguments, developed independently from any appeal to reality.

— Values and facts live in separate worlds. Value judgments cannot be derived from nor opposed to reality judgments. Group values ​​are acquired through education and language. and they are specifically reinforced through the epidictic genre.

— Values currently conflict. Legitimate contradictions between value judgments cannot be resolved by eliminating one of the conflicting values, as one eliminates a false proposition. One can only rank the values (ibid., p. 107).

 

The specific treatment of values in the TA is based upon two assumptions
—A distinction is made between two kinds of substantial values,abstract values ​​such as justice or truth, and concrete values ​​such as France or the Church” (Perelman & Olbrechts-Tyteca, [1958], p. 77).

— It follows that substantial values and value judgments are “objects of agreement that cannot make a claim to the adherence of the universal audience” (id., p. 76), but only to the adherence of particular audiences, S. To Persuade – To convince.

The so-called universal values, ​​“such things as the True, the Good, the Beautiful, and the Absolute” might be regarded “as valid for the universal audience only on condition that their content not be specified” (ibid.). They are the “empty frame[s]” suited to all audiences, and are as such pure instruments of persuasion (ibid.). Natural law theorists would object to this conclusion.

— The TA reasserts the link between values and emotions, of positivist origin.

— The Treatise, maintains the opposition between value judgments and judgments of fact only as the result of “precarious agreements” (Perelman & Olbrechts-Tyteca [1958], p. 513) and for special debates.

—  The fact/value dichotomy is at the foundation of the Perelmanian argumentative construction. It absolutizes the gap between the two kinds of rationality, the reasonable [raisonnable] of current practices and law, and the rational [rationnel] of logic and sciences. This decision widens the gap between « the two cultures », the culture of facts (sciences) and the culture of values (humanities), V. Demonstration; Proof.

2.3 Discussions:  The opposition facts / values and agreement

 For Perelman, the functioning as an argument of value claims as well as of reality and truth claims presupposes the agreement of the participants. The whole of these « preliminary agreements » to the argumentation itself creates an atmosphere of « communion » (p. 74) allowing the harmonious development of the argumentative-rhetorical situation itself.
Still according to the Treatise, argumentation can be based on two classes of objects, an object being defined as anything on which one can agree or disagree:

We will ask ourselves which objects of agreement play a different role in the argumentative process. We think it will be useful, from this point of view, to group these objects into two categories, one relative to the real, which would include facts, truths and presumptions, the other relative to the preferable, which would contain values, hierarchies and places of the preferable (Id., p. 88; emphasis in the text).

The Treatise further states that

The notion of « fact » is characterized only by the idea that one has of a certain kind of agreement about certain data, those which refer to an objective reality. (Id. p. 89)

In other words, with the agreement of the participants, statements about values and reality can be used as arguments. In rhetorical argumentation, the speaker proceeds on the basis of values shared with the audience, or presented as such, S. Ex datis. In an adversarial debate, the speech of the proponent and the opponent may be based on radically incompatible values. In such cases, the role of third parties (judges, voters, members of a jury…) becomes essential to settle the conflict of values, rather than to solve it definitely.

Discussion: Agreement erases the difference between fact and values

The facts would be defined by an agreement on the objective data, and the values would be defined by an agreement on something which does not belong to the objective reality.

In practice, this definition erases the hard-won distinction between facts compelling the mind and values calling for an adherence of the mind (cf. supra) and replaces it with the notion of agreement.

For the purposes of argumentation and communication, agreement can be reached on both facts and values, which allows them to be used as arguments. At that point, the deal is done, whatever the ontological differences between facts and values.

Discussion: Is agreement a prerequisite for argumentation?

Argumentation works as well in a regime of disagreement as in a regime of agreement.
Participants can disagree on facts as well as on values. Like values, facts are not imposed on the minds, but must be agreed upon.
In a concrete argumentative situation, the agreement of the participants upon facts as well as upon values cannot be taken for granted, and the absence of agreement does not prevent their use as argument.

A fortiori, in an argumentative situation where a profound disagreement is developing, the discourses of both parties are based on radically incompatible values and facts contested by the other party. Facts and values must then be negotiated by the parties and composed by the mediator. It is in these adjustment processes that the argumentation takes on its full meaning.
The role of third parties (judge, voter, mediator) then becomes essential to settle conflicts of values and reality, always with reference to a particular case.

2.4 Discussion:
Has the epidictic genre a special status in relation to values?

According to the TA, values and truth are acquired via different processes, group values ​​are acquired through education and language. In this per, the epidictic genre specifically deals with values; it does not admit contradiction. Its specific social function is to strengthen the adherence of the group to its common founding values, “without which the discourses aimed at action could not find leverage to move and rouse their listeners” (1977, p. 33)
Perpetually reconstructed in epidictic encounters, where they are subject to a quasi-axiomatic treatment, values find their application in the two argumentative genres properly called, the deliberative and the judicial.
The deliberative and judicial genres are argumentative genres, aimed at collective decision making in situations of conflicting positions. According to Perelman, the epidictic genre has a very different status, it does not admit contradiction; its object is the reinforcement of adherence to group values in order to trigger action, V. Emotion:

Without [values] discourses aimed at action could not find leverage to move and stir their listeners (1977, p. 33).

Discussion:  The epidictic discourse on values is not unanimous

While insisting on the irreducible contradictions that prevail in the field of values, Perelman thus removes values from actual social contradiction by making the epidictic genre inherently unanimous.
The epidictic genre can be let exclude blame and restrict itself to praise, through literary and social conventions aligning the homage to living and dead men and women with the hagiography of saints. These conventions are not different from those that want a group to erect statues to its heroes and saints and not to its scoundrels and demons.
It is the social framework of the discourses of homage and veneration that, if anything, precludes counter discourse in the case of epidictic, not the nature of eulogy with has a perfect counterpart, blame. The devil’s advocate always has a role to play, even in canonization cases. If the eulogy of the deceased is unanimous, it is not because there are no opponents or because the opponents have nothing to say, but because, by convention of mourning, they keep silent; the new generation can be trusted to turn into villain the great men and values of older generations.
Epidictic praise of virtue ceases to be unanimous as soon as it is given a precise content

Exception being made of the specific conventional practice of mourning, the epidictic genre is defined by the two antagonistic acts of language, praise and blame. These acts define not so much a genre as a position (footing) that can be taken in both political and judicial discourse.

2.5 Discussion: Does Argument Schemes applies specifically to facts and Topics to values?

According to the Treatise, the opposition of values and facts corresponds to the opposition of the argumentative principles that govern them. Values are governed by topics (loci, topoi, places):

When it’s a question of founding values or hierarchies or reinforcing the intensity of the adhesion they arouse, we can link them to other values or other hierarchies to consolidate them, but we can also have recourse to premises of a very general order, which we’ll call loci, the [tópoi] from which the Topics, or treatises devoted to dialectical reasoning, derive (p. 112)

The Treatise is formal on this point:

We will call places [lieux] only premises of a general order allowing to found values and hierarchies, and which Aristotle studies among the places of the accident (p. 113)

Discussion:  An unnecessary distinction

Given the preceding definition, of the word “place”, we understand that the principles which found, i.e. which justify, the factual conclusions will not be called places (loci, tópoi).
This is what we actually see in the 3rd part of the Treatise. This part, which forms the main part of the work, is entitled « Argumentative techniques », techniques which are also called « argumentative schemes » (p. 251).

But we obviously notice that the schemes, the techniques of association correspond closely to what the tradition calls « argumentative commonplaces », which the Treatise ratifies incidentally:

these schemes [can also be considered] as places of argumentation (p. 255).

2.6 The so-called “loci of value”

Following the preceding decision, we therefore give up reserving the name of “place” to the rules of values only. It remains to be seen what the consequences of this terminological realignment are for the conceptual opposition fact/value. Just as agreement can be reached on facts and values, the same kind of argumentative rules apply to fact and value.

This is confirmed by the fact that the so-called “loci of value” does not specifically apply to values. The following are considered the « most common » loci (id., p. 95/):

— Quantity: “one thing is better than another for quantitative reasons” (id., 85/115): “the more, the better”.
— Quality is used to challenge Quantity, that is “the strength of numbers” (id., p. 89/119): “the rarer it is, the more precious it is”.
Order: “the loci of order affirm the superiority of that which is earlier over that which is later” (id., p. 93/125).
Existence: “the loci relating to the existent affirm the superiority of that which exists, of the real, over the possible, the contingent, or the impossible” (id., p. 94/126).
— Essence: “according a higher value to individuals to the extent that they embody [the] essence” (id., p. 95/126), which materializes as the topos “the closer to the origin, to life, to the prototype, the better it is.”

These so-called loci of values correspond to the topoi of the accident in Aristotle’s Topics (id., p. 113), V. Topics of the Preferable.  The accident is a kind of predication about an object. Such gradual links can be represented on correlated argumentative scales, S. Scale; Topos in semantics.

Discussion: The so-called “loci of value” are not specific to values

The places of the accident are, by definition, operative on the field of objects as well as on the field of values. So, in keeping with tradition, topic (locus, place) and (argument) scheme can be safely interchanged.

2.7 Discussion: Value and Emotions

The following passage on emotions is perhaps key to understanding the role of values in Perelman’s philosophy. By a clever dissociation, the New Rhetoric puts « passions » out of the picture in favor of values:

Note that passions, as obstacles, are not to be confused with passions that serve as support for positive argumentation, and which will usually be qualified with a less pejorative term, such as value, for example. (Ibid., p. 630; emphasis added)

See also the quotation above (§2.4): the role of values is « [t]o move » the audience. But, on the other hand, if values are opposed to facts (§2.2), and emotions being facts, values should be opposed to.  emotions

The notion of value refers to issues of subjectivity, emotion, and, semantically, the orientation and biases constitutive of ordinary speech. The words expressing values are words carrying argumentative orientations, constituted in antonymic couples. This lexicon organized by antonymy can be considered as a gigantic reservoir of « antagonistic couples », generators of argumentative situations:

« pleasure / displeasure », « knowledge / ignorance », « beauty / ugliness », « truth / lie »; « virtue / vice; « harmony / chaos, discord »; « love / hate; « justice / injustice », « freedom / oppression »…

Antonymy is also expressed by more or less fixed phrases (« self-expression / repression », « life in the open air / life in the offices »). Finally, the discourse can build long anti-oriented sequences, under the figure of the antithesis.

The relation of valorization/de-valorization can be reversed: aesthetics of the ugliness / (beauty), classical praise of the coherence and the constancy, baroque praise of the inconstancy, etc.

3. Values in argument

3.1 Value words

Basic values: The apple and the three libidos

The multiplication of values ​​does not call into question the fact that rhetorical discourse relies on substantial values, perhaps more prosaic than “the True, the Good, the Beautiful, the Absolute”, but nonetheless firmly attached to the human condition, and having highly mundane contents, namely honos, uoluptas, pecunia. That is, glory as the desire for social recognition; pleasure in all its forms; money and possessions. There is no place for knowledge in this trinity of materialistic values. By contrast, knowledge is one of the three criteria used by Eve to evaluate the fruit that put an end to the state of innocence:

So when the woman saw that the tree was good for food, and that it was a delight to the eyes, and that the tree was to be desired to make one wise, she took of its fruit and ate; and she also gave some to her husband, and he ate.
Genesis, 3, 6[1]

“Good for food”: the good, pleasure of the mouth; “a delight to the eye”: the beautiful, pleasure of the eyes; “to be desired to make one wise”: the true, pleasure of the mind, which was not included in the previous trinity of values.

Taken together, these three pleasures define the divine: “when you eat of it your eyes will be opened, and you will be like God, knowing good and evil.” (id. 3:5).
These three values can most probably be attached to the human condition; that is, they are widely available for immediate valorization in pragmatic argument, the argument used by the Devil.

Multiplication of value

All choices involve values and preferences. At the limit, the same valued word can be split in two anti-oriented value-words by a dissociation process, creating two anti-oriented homonyms.

Value words as oriented words

The concept of value refers to issues of subjectivity (Kerbrat-Orecchioni 1980) of affectivity and, to the inherent orientation of ordinary statements, S. Emotion; Orientation. Words which express values are basically antonymic pairs coupling words which have opposing argumentative orientations.

The whole lexicon can be seen as an enormous reservoir of such pairs:

pleasure vs. displeasure
knowledge vs. ignorance
beauty vs. ugliness;
truth vs. lies
virtue vs. vice
harmony vs. chaos
love vs. hate
 justice vs. injustice
 freedom vs. oppression

Antonymic values are also expressed by more or less fixed phrases (“free expression of self vs. repression of aggressive instincts”, “life in the open air vs. life in offices”).

The ratio “valorization vs. devaluation” can be reversed:

aesthetics of ugliness vs. beauty), baroque esthetic of inconsistency (vs. consistency).

Value terms are at the root of “biased” language. Unbiased talk would amount to an elimination of value statements (i.e. of subjective, emotional, oriented statements), in favor of judgments based on facts. This requirement can only be satisfied by rejecting natural language in favor of a formal, scientific or technical language, or an alexithymical expression, S. Pathos.

3.2 Founding and exploiting value judgements

In argument, value words, emotion words function like “facts words”, that is, as word in general. Judgements of value as evaluation attach a value to a specific being, event, or state of things. They can be argued, used as argument or questioned as any other kind of judgement.

Arguments positioning an object in relation to a reference value

The word « valorization » has a positive orientation; the word implies the contribution of an additional value: or passing to a more noble use or place

We will nonetheless speak of evaluation (positive or negative) to designate the argumentative operation that situates a fact, a proposal for action, in relation to a value.

The process of valorization can be argued in a wide variety of ways:

X is (+) because:

— there are many / few
— it is round, it is heavy/light, it is mustard-colored, it has no shape
— I like it
— It is rare, it has just been published
— it is available right now

The story goes that a wealthy old dowager was once asked to sell one of her mansions that had been uninhabited and abandoned for many years. The discussion was long and arduous, and, when the buyer ran out of arguments, he pointed out that unless urgent repairs were made, the manor would fall into ruin. To which the dowager would have answered soberly: « I like ruins ».

The justification is satisfactory as soon as the interlocutor is satisfied or renounces.

From an argumentative point of view, the justification structure is not different from:

It’s flammable, it’s very dry, and they put products in it.

A value judgement about a being, an event, a situation… β is a judgement situating β on the specific valuation scale attached to the value / anti-value system Vi

In other words, oppression is a negative value and freedom is positive one.

Restricting circulation rights is oriented towards oppression
Extending circulation rights is oriented towards freedom

The preference corresponds to the same structures in the comparative, which can be represented on a scale:

β can be characterized as ranking high or low in the value Vi

Y is (+) than X because (even- more (+) (modern, etc.)

          The operation of dissociation is a valuation / depreciation operation, which splits the meaning of a word into two sub-meanings (a single notion into two notions), one of which will have a positive value (orientation), and the other, a negative value (orientation).

The predication of a value upon an object follows standard argumentative procedures. For example, in France, National sovereignty as a political value of reference, is consecrated as such in the Article 3 of the 1789 “Declaration of the Rights of Man and of the Citizen”:

The principle of all Sovereignty lies essentially in the Nation. Nobody, no individual can exercise any authority that does not expressly emanate from it.[2]

An evaluation question can arise, asking for example, that an international treaty be assessed in relation to that value. For this purpose, reference can be made to the preceding axiomatic definition, as enshrined in its legal implementation and by experience drawn from analogous situations in the past. The evaluation follows the general definition based categorization procedure, S. Categorization; Definition.

— National sovereignty is defined by the conditions Ci, Cj, Ck … –
— Treaty T respects / does not respect these conditions.
— We can / cannot sign this treaty without renouncing our national sovereignty.

The evaluation has to take into account that, as in any broad axiomatic definition, national sovereignty has many corollaries and ramifications, financial or military, sovereignty for example.

Arguments using an evaluation

The pragmatic argument and the argument by the absurd routinely implies a valorization operation:

Question: Should we do F?
Argumentation: F will result in C1;
Positive/negative evaluation of C1: C1 is Vi(+) (positive from the point of view of value Vi);
Therefore: Let’s do F.

The rebuttal can take two paths, for example:

(i) A counter evaluation of C1:

C1 is actually Vi (–) (negative from the very point of view of Vi),

— perhaps at the cost of a dissociation opposing to Vi “the true Vi”.
This rejoinder opens an evaluation stasis, an issue about the positioning of C in relation with value Vi. 

(ii) Introduction of another consequence C2, considered to be negative from the point of view of the value Vm.

F will result in C2
C2 is Vm (-)

In this case, the stasis is about the relative weights of C1 being Vi(+) vs. C2 being Vm(-).
Vm can be identical to Vi, which gives the rebuttal an ad hominem tinge:

Legalizing cannabis will certainly reduce the activity of small-scale dealers, but it will increase the activity of large-scale dealers.

In both cases, the conclusion is the same: “don’t do F!”.

This rejoinder opens a stasis about the relative weights of C1 being Vi (+) vs. C2 being Vm(—).
The deadlock can be broken by a prioritization adapted to the circumstances of the moment: « But here Vi is less important than Vm« .

In times of pandemic, public health imperatives allow us to restrict freedom
The Republican motto mentions freedom, not public health.

A value can also be invalidated as such by its practical consequences; this pattern of rebuttal seems to be available for all kinds of value:

In the name of freedom, anything can be said and done.
Liberty, what crimes are committed in thy name!
(Manon Roland, an historical Girondine, guillotined during the French Revolution).


[1] Quoted after www.biblegateway.com/passage/?search=Genesis+3&version=RSVCE

[2] https://www.legifrance.gouv.fr/Droit-francais/Constitution/Declaration-des-Droits-de-l-Homme-et-du-Citoyen-de-1789 (09-20-2017).

Guerrini Jean-Claude, 2019, Les Valeurs dans l’argumentation [Values in argumentation]. Paris, Classiques Garnier.

Vertigo

Argument ad vertiginem; Lat. vertigo “movement of rotation, vertigo”.

The argument of vertigo is defined by Leibniz in his New Essays Concerning Human Understanding [1795], as a follow-up to his discussion of Locke’s four kinds of argument, S. Collections (3: Modernity and tradition.

We might bring yet other arguments which are used, for example the one we might call ad vertiginem, when we reason thus: if this proof is not received we have no means of attaining certainty on the point in question, which we take as an absurdity.

This argument is valid in certain cases, as if any one wished to deny primitive and immediate truths, for example, that nothing can be and not be at the same time, or that we ourselves exist, for if he were right there would be no means of knowing anything whatever. But when certain principles are produced and we wish to maintain them because otherwise the entire system of some received doctrine would fall, the argument is not decisive; for we must distinguish between what is necessary to maintain our knowledge and what serves as a foundation for our received doctrines or practices.

Use was sometimes made among jurisconsults of probable reasoning in order to justify the condemnation or torture of pretended sorcerers upon the deposition of others accused of the same crime, for it was said: if this argument falls, how shall we convict them? And sometimes in a criminal case certain authors maintain that in the facts where conviction is more difficult, more slender proofs may pass as sufficient. But this is not a reason. It proves only that we must employ more care, and not that we must believe more thoughtlessly, except in the case of extremely dangerous crimes, as, for example, in the matter of high treason, where this consideration has weight, not to condemn a man, but to prevent him from doing harm; so that there may be a mean, not between guilty and not guilty, but between condemnation and banishment in judgment, where law and custom allow it.
Leibniz, New Essays Concerning Human Understanding [1765]. P. 437.

In substance, the argument from vertigo urges us to accept certain kinds of proof for if we don’t, we are left powerless. This is a subspecies of arguments by unacceptable consequences, S. Pragmatic argument; Absurd; Pathetic; Ignorance.

These consequences are “absurd” and dramatic, when dealing with the first principles of knowledge, such as the principle of non-contradiction, which every person must admit on pain of being unable to say anything scientific. Unlike the argument from ignorance, the argument ad vertiginem would therefore be valid insofar as the impossibility on which it is based is not a subjective impossibility, related with such and such a person or group, but an objective, rational impossibility concerning humanity as such.

However, Leibniz operates a distinguo between epistemic situations where our power to know is at stake, “what is necessary to maintain our knowledge”, and social situations dealing with human affairs and ideology, that “[serve] as a foundation for our received doctrines or practices”.
Since demonstrative reasoning cannot apply in the latter case, “probable reasoning” must be rehabilitated in this domain, for lack of a better proof. But having to make do with weaker proof in the criminal domain implies that a person can be condemned on the basis of insufficient proofs, which Leibniz finds undesirable. So, in an interesting maneuver, he proposes to re-equilibrate the weakness of the proofs motivating the condemnation by softening the condemnation itself.


 

Title of the relevant section of the regulation

Lat. a rubrica argument; the Lat. name rubrica belongs to the semantic family of rubor “red”, and means “red earth; heading”. In the collections of laws “the headings of chapters were written in red color” (Gaffiot [1934], Rubrica).

The interpretive argument based on the title of the relevant section of the code or argument of the title (a rubrica) is a matter of legal logic, S. Juridical arguments.

Codes and administrative regulations are divided into sections and subsections with titles and subtitles. These headings carry no legal weight, but they are relevant to the interpretation of the law, insofar as they define the scope of the following articles. The argument  on the title legitimates or suspends the application of an article depending on whether or not the case considered falls within this scope.

 

If the College regulation contains a section entitled “Rules of conduct in classrooms”, Article 1 providing that:

The use of mobile phones is forbidden,

this article cannot be invoked in order to ban mobile phones in the playground. If the prohibition is made under the heading “General provisions”, it applies to the conduct during classes, etc. The highest disposition in the hierarchy prevails.