Archives de l’auteur : Christian Plantin

ATC – The translation issue

ATC

METHOD
The
Translation Issue

So-called Western argumentative practices have been present in written texts since the dawn of Greek and Latin civilizations.
The first theorizations of these practices correspond to the birth and development of Greek rhetoric and logic.

Translations from Latin and Greek
The teaching of Latin and Greek is an integral part of Western culture. The Latin and Greek texts have been extensively translated and continue to influence Western thought through a long tradition of commentary and translation reworking.
Within this tradition, certain translations are considered landmarks, such as the Latin translations of Aristotle by William of Moerbeke,

These versions are so faithful to Aristotle’s text that they are authorities on the corrections of the Greek manuscripts, and they enabled Thomas Aquinas to become a supreme interpreter of Aristotle without knowing Greek.
Allan Bloom, « Preface » to his translation of Plato’s Republic, 1968, p. xi.

This collection is about TRANSLATED Chinese classical texts
Without systematically aspiring to such heights, the interested reader can easily obtain reliable translations of many classical Chinese texts.  The price to pay is that this illiterate reader cannot study « argument in Chinese (classical texts) », « such and such an argument in the Analects of Confucius« , but only « such and such an argument in such and such a translation in the Analects of Confucius« .

In the case of major works, several translations of the same text are available, which makes it possible to to identify their differences and similarities, if necessary. In this case, one should consider that the different translations of the same passage express different readings of the same way of reasoning.

Sometimes, the translation(s) of the passages remain unclear or incompatible. In this case, comments can be left for a better future and for better readers. After all, this is also the case for texts in the analyst’s own language and culture.

ATC – Deng Xi service charge

ATC 

Deng Xi’s service charges

From the Annals of Lü Buwei

18/4.4 — When Prince Chan governed Zheng, Deng Xi strove to disrupt things. He made a pact with those involved in litigation by which those who intended to pursue major legal cases should submit an upper garment, and those who wished to pursue minor legal cases should submit a short coat and lower garment. Those who submitted these garments and involved themselves in litigation were too numerous to count.

Thus, wrong was taken to be right, and right was taken to be wrong. With no standard of what was right and wrong, what was permissible and impermissible varied each day. Those whom Deng Xi wished to win in litigation did win, and those whom Deng Xi wished to punish were punished.

The state of Zheng fell into complete chaos, and the populace clamored. Prince Chan, troubled by this turn of events, had Deng Xi executed and his corpse exposed. The peopled hearts were then stilled, right and wrong were settled, and the laws and regulations enforced.

Deng Xi administers justice. According to the accusation, he set the price for judgments handed down in favor of cases, large or small.
Considering Deng Xi expertise in interpretating the law, one
could suppose that he found and applied an interpretation of the law that exonerated his clients.
If so, he simply did what a lawyer is supposed to do and paid for. The problem is that judge and advocate are one and the same person.

ATC – Gongsun long treaty of mutual support

ATC

 Gongsun Long: A Treaty of mutual support

18/5.2

The Annals of Lu Buwei
18, 5/2 – At the meeting at Kongxiong, Qin and Zhao joined together in a treaty, which said, “From this time forward, Zhao will support Qin in whatever Qin desires to do, and Qin will support Zhao in whatever Zhao desires to do.” Shortly thereafter Qin raised an army to attack Wei and Zhao wished to rescue the latter. The king of Qin was displeased and sent a man to reprimand the king o f Zhao. “Our treaty says, ’Zhao will support Q in in whatever Q in desires to do, and Q in will support Zhao in whatever Zhao desires to do. Qin now desires to attack Wei, and Zhao on account of this wishes to assist Wei. This is contrary to our treaty.”

The king of Zhao reported this to the Lord of Pingyuan, who told Gongsun Long. Gongsun Long said, “You too may send out an emissary to reprimand the king of Qin, saying, ‘It is Zhao’s desire to assist Wei, but now the King of Qin alone refuses to support Zhao. This is contrary to our treaty.”

Gongsun Long rétorque exactement le même reproche.
Il va falloir s’appesantir un peu sur les détails de rédaction du traité. Un point singulier qui neutralise le traité, comme Deng Xi neutralise la loi.
Les deux arguments sont strictements équivalents  les deux parties sont à égalité stricte.
(isosthénie). Blocage.
Il va falloir s’appesantir un peu sur les détails de rédaction du traité. Un point singulier qui neutralise le traité, comme Deng Xi neutralise la loi.

ATC A fortiori

ATC

A FORTIORI, A possible empirical universal

The a fortiori argument scheme is a clear example of a cross-cultural interpretive – argumentative rule.

Greco-Latin Tradition

In the Greco-Latin tradition all collections of argument schemes throughout the history of Western argumentation mention the a fortiori rule. Aristotle illustrates this rule via the following examples:

If even the gods are not omniscient, then certainly human beings are certainly not.
(Rhet, II, 23, 1397b15, RR, p. 359)

A man who strikes his father also strikes his neighbors […] for a man is less likely to strike his father than to strike his neighbors (ibid.).

The second argument can be used in the following situation. Somebody was assaulted. Who is guilty? We know that someone in the victim’s neighborhood committed violence against his own father. The a fortiori argument casts suspicion upon the person who has already committed more severely prohibited forms of violence. The conclusion is that the police should question him.

Muslim Legal Argumentation

In Muslim legal argumentation, the bi-l-awla argument corresponds exactly to the a fortiori argument. The issue is addressed in the Quran (Surah 17, verse 24), dealing with the respect that a child owes to his parents:

Do not make “pfff!” to them!

The prohibition refers to a minimal impolite retort of a child shrugging off or reluctantly obeying the words of his parents, puffing out a sigh of exaspera­tion. The a fortiori principle extends this prohibition to all disrespectful behavior: “since it is forbidden even to say “pfff!” to one’s parents, it is all the more forbid­den to say harsh words to them, bully or hit them”.
The prohibition takes its support on the lowest point on the scale, the epsilon of disrespect. Commentators have noted that an a fortiori argument can be a form of semantic deduction (Khallâf [1942], p. 216).

Talmudic Exegesis

The rules of Talmudic exegesis have been established by various authors following Hillel (1st century CE). The entry “Hermeneutics” in the Encyclopædia Judaïca, enumerates the thirteen interpretive rules of Rabbi Ishmael.
The first rule is qal va-homer, “how much more”, which goes from the “minor” (qal) to the “major” (homer) a fortiori. (Jacobs & Derovan 2007, p. 25).

This rule helps to determine what is lawful and what is not, for example it establishes the conditions under which the Easter sacrifice, Pesach, should be offered. The Bible asks that Pesach be offered at Easter. Some actions are forbidden on the Sabbath, so what is one to do when Pesach coincides with the Sabbath? The calculation a fortiori gives the answer: the Olat Tamid sacrifice (“daily burnt-offering” [1]) is offered daily, including on the Shabbat. Pesach is more important than Tamid (proof: if one does not respect Tamid, one does not incur penalties; if one does not respect Pesach, the sanctions are severe). Since not cele­brating Pesach is more serious than not cele­brating Tamid, and Tamid is lawful when Easter falls on the day of Shabbat, it is therefore a fortiori lawful to sacrifice Pesach when Easter falls on Sabbath.
The reasoning can be expressed as a rhetorical syllogism:

Problem: the Pesach sacrifice must be offered on Passover.
Some actions are forbidden on Shabbat
Question: What should we do when Passover coincides with Shabbat?

Data: We know that 1) the Tamid offering must be celebrated on Shabbat, and 2) Not celebrating Pesach is worse than not celebrating the Tamid offering.
Argumentation: Topos of the opposites on (2):
Celebrating Pesach is more important than celebrating Tamid.
This, combined with (1), leads to the conclusion:

Conclusion: Pesach can be celebrated when Easter coincides with Shabbat.

Chinese Tradition

Confucius, The Analects. Bk 11, §12. Trans. Robert Eno [3]

Ji Lu asked about serving the spirits. The Master said, “While you are yet not able to serve men, how could you be able to serve the spirits?”
“May I ask about death?”
“When you do not yet understand life, how could you understand death?”

Han Fei Tzu, “Precautions within the palace”.  Trans. Burton Watson [4]

Thus, the actor Shih aided Lady Li to bring about the death of Shen-sheng and to set Hsi-ch’i on the throne.1 Now, if someone as close to the ruler as his own consort, and as dear to him as his own son, still cannot be trusted, then obviously no one else is to be trusted either.
1 Lady Li and Hsi-ch’i “forced Shen-sheng to commit suicide in 656 BC”. “Hsi-ch’i (…) succeeded to the throne in 651 BC” (Burton Watson’s note to the text)

UNIVERSAL PERSPECTIVE

A fortiori can therefore be considered a good candidate for universality. This is not surprising, since it is based on scalarity and comparison, which are found in all languages.

See A fortiori, Comparison, Argument scales – Laws of discourse,

 


 

ATC Two translations of the same analogy-e

ATC

Variations of vocabulary
between two translations of the same analogy

This example is taken from Mengzi’s (Mencius, Meng Ke) discussion with Gaozi (Kao Tzu) [1] as reported in Mengzi’s text.
The discussion focuses on two fundamental concepts of Confucianism: human nature and righteousness. Gaozi attempts to clarify these concepts by drawing an analogy with the willow tree, which is used to make cups and bowls. Mencius strongly rejects this analogy, which he considers inadequate.
For our current purposes we will limit ourselves to two translations, those of Robert Eno and Dim Cheuk Lau, namely MenciusEno and MenciusLau (our presentation and numbering).

MengziEno, 6A.1 MenciusLau, VIA 1
1a Gaozi said, “Human nature is like the willow tree, and righteousness is like cups and bowls. 1a Kao Tzu said, Human nature is like the ch’i willow. Dutifulness is like cups and bowls.
1b Drawing humanity and right from human nature is like making cups and bowls from willow wood.” 1b To make morality out of human nature is like making cups and bowls out of the willow.
2a Mencius said, “Can you make cups and bowls from willow wood by following its natural grain, or is it only after you have hacked the willow wood that you can make a cup or bowl? 2a Can you, said Mencius, make cups and bowls by following the nature of the willow? 2b Or must you mutilate the willow before you can make it into cups and bowls?
2c If you must hack the willow to make cups and bowls from it, must you hack people in order to make them humane and righteous? 2c If you have to mutilate the willow to make it into cups and bowls, must you then also mutilate a man to make him moral?
2d Your words will surely lead the people of the world to destroy humanity and right. 2d Surely it will be these words of yours, men in the world will follow in bringing disaster upon morality.

This is clearly a dialectical exchange between two philosophers. Gaozi puts forward an analogy, made explicit by the construction ‘A is like B‘, to illustrate his conception of human nature.
Both translations use the same expression, ‘human nature’ (1a), to refer to the topic of the debate. The problem posed by Gaozi concerns the emergence of a complex capacity, which is referred to using the following terms (the ‘>’ sign indicates that these terms are part of a chain corresponding to the same object of discourse): [4]

This is clearly a dialectical exchange between two philosophers. Gaozi puts forward an analogy, made explicit by the construction ‘A is like B’, to illustrate his conception of human nature.
Both translations use the same expression, ‘human nature’ (1a), to refer to the topic of the debate. The problem discussed by Gaozi concerns the emergence of a complex capacity, which is referred to using the following terms. The ‘>‘ sign indicates that these terms are part of a chain corresponding to the same object of discourse [5])

Les deux traductions utilisent la même expression, human nature (1a) pour désigner le thème général du débat. Le problème posé par Gaozi concerne l’émergence d’une capacité complexe désignée par les termes suivants. [4] e signe “>” indique que les termes entrent dans la chaîne dont l’ensemble correspond à un même objet de discours),[2]

MengziEno MenciusLau
righteousness (1a)

> humanity and right (1b)

> [(to make them) humane and righteous (2b)

> humanity and right (2c)

dutifulness (1a)

> morality (1b)

> (to make him) moral (2b)

> morality (2c)

Mencius does not comment on the concept under discussion, but only on the analogy used by Gaozi. He develops the analogy by focusing on the nature of the transformation undergone by the willow to become a bowl and cup

MengziEno MenciusLau
making cups and bowls from willow wood (1b) making cups and bowls out of the willow (1b)

To describe this process, Gaozi uses the abstract predicate ‘making C from/out of W’, which has no definite argumentative orientation, in both translations. The text continues with a question from Mencius.

MengziEno MenciusLau
2b hacked the willow wood

 

must you hack people in order to make them humane and righteous?

mutilate the willow

 

must you then mutilate a man to make him moral?

 

In both translations, Mencius essentially adopts the willow’s point of view. MenciusLau uses the word ‘mutilate’, which has a negative connotation. The expression ‘mutilating the willow to make a bowl and a cup‘ thus highlights the negative nature of the transformation undergone by the willow. This completely changes the perspective on the operation.
With ‘hack’, MengziEno adds the sensation of a sharp instrument, which is perfectly consistent with the idea of mutilation: ‘hack W into C‘.
Based on the analogy proposed by Gaozi himself, MengziEno transfers the operation to humans (a process marked by ‘then‘ in MenciusLau).

We conclude that both translations clearly develop an argument by analogy, which is rejected by the opponent who finds fault with the analogy by pointing out a flaw in its structure.
Consequently, this case can be used for all practical purposes in argumentation, under either translation.
The only reservation concerns the status of the concepts on which the analogy is based (righteousness, dutifulness, humanity and morality), which are beyond the scope of this discussion.

[1] MengziEno and MenciusLau refer respectively to Eno’s and Lau’s translation of Mengzi’s work.
Mengzi is the pinyin transcription of the author’s name, Latinized as Mencius (-372, – 289).
Mencius = Mengzi = Meng Ke (-372, – 289).
Gaozi = Kao-tzu = Gao Buhai), circa 420-350 BCE.
More information in Wikipedia.

[2] For the concepts of discourse object and schematization used here, see Plantin Chr., Dictionary of argumentation.

diverging

 

Faith — Superstition

FAITH and PROMISE

According to the church, revealed truth is an unchanging, unchangeable truth given by God to man.  This truth constitutes the dogma as expressed in the scripture and handed down by the church. Dogma contains mysteries; acceptance of this dogma defines faith [1] and characterizes believers. It is beyond the reach of human reason alone, and therefore beyond the reach of critics of reason.

Revealed truth can either be used as an argument, or disputed as a claim.

1. Revealed truths as arguments

Revealed truths as found in scripture and in dogmatic writings are basic argumentative resources for believers when it comes to justifying a vision of the world, a way of life, a course of action, and so on.

These arguments are themselves grounded in other creeds that belong to the same corpus of revealed beliefs: we follow the Divine Law because our God gave it to us; because He promised to reward His followers, those who obey His rule, those who do the good, and to punish the wicked who do the bad.

Appeals to religious belief can be dismissed as appeals to superstition, see Threat and promise.

2. Revealed truths as claims

The possible opposition between revealed truth and demonstated truth can motivate the total rejection of reason and argument. Thomas Aquinas (1225 –1274) discusses “whether sacred doctrine is a matter of argument?” and quotes St. Ambrose’s (~340 – 397) categorically negative answer: “Put aside argument where faith is sought” (ST, Part 1, Quest.1, Art. 8) [2].
For a believer, revealed truths take precedence over all other forms of truth; to try to prove a revealed truth would be to degrade it. It should be emphasized that, for a believer, renouncing argument does not mean submitting to the argument from authority, since he considers authority to be of human origin, while faith is of divine origin. Whether religious tradition is of human or divine origin is a matter of controversy among theologians.

But the primacy of faith does not negate the need for argument to strengthen the faith of the believer or to persuade the unfaithful to the faith. Thomas Aquinas distinguishes three types of situations, depending on whether one is addressing Christians, heretics, or unbelievers.

— When a religious speaker addresses a Christian audience, argument has two important uses. The first use is to connect two articles of faith, to show that one can be logically deduced from the other. For example, if you believe in the resurrection of Christ, then you must believe in the resurrection of the dead. In addition, arguments can be used to expand the realm of faith to include deeper truths, derived from the elementary ones.

— When arguing with heretics who agree on some point of the dogma, an argument is built on that point to show that they must also accept the validity of other related points.
The technique is basically the same as in the previous case. In both cases, the deductions are based on the systemic argument, which assumes that the sacred text has all the characteristics of a code.

— When confronting unbelievers, the argument is essentially ad hominem, showing that their beliefs are contradictory (after Trottman 1999, pp. 148-151). [3]

As can be seen, the Angelic Doctor does not exclude situations of deep disagreement from the field of argumentation.

3. Superstition

See Threat and promise.


[1] Latin ad fidem argument, fides, “faith”.

[2] Quoted from Thomas Aquinas, The Summa Theologica. Benziger Brothers, 1947. Translated by the Fathers of the English Dominican Province. http://dhspriory.org/thomas/summa/FP/FP001.html#FPQ1OUTP1 (11-08-2017)

 [3] This was the situation in the 13th century. In the 16th century, the evangelization of the American Indians, after the Spanish conquest was quite different. See Fray Bernardino de Sahagún, Los diálogos de 1524.Edición facsimilar, introducción, paleografía. Versión del nahuatl y notas de Miguel León-Portilla. Universidad Nacional Autónoma de México. 1986.

 


 

ATC – Reversal of Discourse

ATC 

How Discourse Orientations are reversed

Falling out of disfavor

(T1) In by-gone days, Mi Tzŭ-hsia was in favour with the Ruler of Wei. According to the Law of the Wei State, « whoever in secret rides in the Ruler’s coach shall have his feet cut off. » Once Mi Tzŭ-hsia’s mother fell ill. Somebody, hearing about this, sent a message to Mi Tzŭ late at night. Thereupon Mi Tzŭ on the pretence of the Ruler’s order rode in the Ruler’s coach. At the news of this, the Ruler regarded his act as worthy, saying: « How dutiful he is! For his mother’s sake he even forgot that he was committing a crime making him liable to lose his feet. » Another day, when taking a stroll with the Ruler in an orchard, he ate a peach. It being so sweet, he did not finish it, but gave the Ruler the remaining half to eat. So, the Ruler said: « You love me so much indeed, that you would even forget your own saliva taste and let me eat the rest of the peach. »

When the colour of Mi Tzŭ faded, the Ruler’s love for him slackened. Once he happened to offend the Ruler, the Ruler said: « This fellow once rode in my coach under pretence of my order and another time gave me a half-eaten peach. » The deeds of Mi Tzŭ had themselves never changed. Yet he was at first regarded as worthy and later found guilty because his master’s love turned into hate.

Han Fei TseLiao Ch. XII Difficulties in the Way of Persuasion

The Mechanics of disfavor

Parallelism

brilliant colors > love > language of love > brillant life
faded colors > disgrace > language of hate > death

Western Rhetoric: Paradiastole, in Orientation Reversal

As we know, all lovers boast of their choice. The chatterer [is] good-humored, and the silent one maintains her virtuous modesty (Molière, [The Misanthrope], 1666[2])

(What is presented as) the true strongly negative description of a person as a chatterbox or a stupid person contrasts with how she appears to her lover, good-humored or maintaining her virtuously modest.

The language of the lover and that of the ex-lover
The mechanism of Mi Tzŭ’s disfavor: “When the color of Mi Tzŭ faded, the Ruler’s love for him slackened.” And he spoke a completely different language, putting the ex-favorite at risk.

 

ATC The arm of the balance

atc  The arguer as « the arm of the balance »

The Controversial Approach in the Western Argumentation 

Western argumentation is “controversial”. It is based on the fact that it is possible for two honest speakers who are committed to their words and actions to develop, on a given topic, two well-constructed, well-informed, plausible, and relatively reasonable discourses that nevertheless lead to incompatible conclusions (visions, opinions, etc.), thus producing an argumentative question.

Western argumentation, can be defined as a mixed cognitive and linguistic activity, the systematic study of which developed from Aristotle, based mainly on data provided by judicial discourse, speeches made in court, deliberative discourse, assembly speeches, and the epidictic episodes that enter into these discourses. To these classical genres, have been added the genre of religious discourse, advertising discourse.

These discourses are prototypical of what the Western tradition understands by argumentation. It is in these dialogical, openly argumentative contexts that the argumentative phenomena are most clearly present and are therefore easier to study, where the concepts and methods specific to them are most productive.

This does not, of course, prevent argumentation from occurring in other contexts; if we define it, for example, as the implementation of an effort to persuade, then it becomes a universal property of human speech.

Furthermore, we know that the intension of a concept (its definitional content) decreases as its extension increases (it is applied to objects that do not belong to its fundamental domain). The perpetual generalization of a concept to new objects leads to a dilution of its meaning, as we have seen with the concept of structure.

« The agent is not the weigher but the arm of the balance itself

The third party as the balancing power

In the Western model, the metaphor of the arm of the scales is appropriate for describing the role of the Third Party and, specifically, that of the Judge [2] (Plantin 2021, Argumentative Roles).

However, for the scales to stabilize and clearly indicate a trend, two conditions must be met: first, that “knowledge has been attained,” and second, that there is sufficient time for orientations and inclinations to organize themselves, which presupposes that the decision is not extremely urgent.

The arguer as the arm of the balance

A.C. Graham, in his book Disputers of the Tao: Philosophical Argument in Ancient China (1989), notes that Confucian philosophy has much to say about the problems of choice and action, and that it knows how to circumvent the pitfalls of alternatives:

Confucius is of course very much concerned with choice in the most general sense of the word, as settling after due consideration on a particular course of action,

If you don’t say “What shall I do about it, what shall I do about it ?” there is nothing I can do about you (AnalectsGRAHAM 1989 15/16)

But choice in this general sense does not necessarily imply even the posing of alternatives. It might be the contemplation of one’s situation, and the examples of the sages in similar situations until inclination spontaneously settles in a certain direction. (Graham 1989, p. 27) [1]

The overriding imperative is to learn and arrive at knowledge; once you know, orientations towards action may be left to take care of itself as confused inclinations sort themselves out. To apply the metaphor of weighing which Confucius does not use, the agent is not the weigher but the arm of the balance itself. (op. cit, p. 28)

***

A PROGRAM

The arguer as the arm of the balance is a telling model-metaphor, and as such, an excellent « alternative to the Toulmin’s model of argument« , predominant, if not exclusive in the Western world.
The position of this  model-metaphor vis-à-vis the Toulmin’s model remains to be established.

 

Annex Value

 

4. Values, Emotions and the Epidictic Genre

The Treatise maintains the positivist link between values and emotions. The following passage on emotions is perhaps the key to understanding the role of values in Perelman’s philosophy. In a clever dissociation, the New Rhetoric pushes « 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 quote above (§2.4): the role of values is to « move » the audience. But, on the other hand, if values are opposed to facts (§2.2), and emotions are facts, then values should be opposed to them.

The notion of value refers to issues of subjectivity, emotion, and, semantically, to all the orientations (or biases) constitutive of ordinary language. The words that express values are words that carry argumentative orientations, constituted in antonymic pairs.

4.1 Does the epidictic genre have a special status in relation to values?

According to the TA, values and truth are acquired through different processes, group values ​​are acquired through education and language. In this sense, the epidictic genre specifically deals with values; it does not allow 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).
Constantly 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).

4.2 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 made to exclude blame and limit itself to praise, through literary and social conventions that align homage to living and dead men and women with the hagiography of saints. These conventions are no different from those that require a group to erect statues to its heroes and saints and not to its villains and demons.
In the case of the epidictic genre, it is the social framework of the discourses of homage and veneration that, if anything, precludes counterdiscourse, not the nature of eulogy with its perfect counterpart, blame. The devil’s advocate always has a role to play, even in cases of canonization. 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 the convention of mourning they keep them silent; the new generation can be trusted to turn the great men and values of older generations into villains.
The epidictic praise of virtue ceases to be unanimous as soon as it is given a precise content.

Apart from 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 legal discourse.

Values 1: The New Rhetoric

VALUE (1) as the founding concept of THE NEW RHETORIC

1. Value as a Unified Field

According to the philosophical tradition, 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 different 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 language” (ibid.).

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

Perelman’s research on value is a perfect example of what a « general theory of values » can be.
The status of value and the role of values in the New Rhetoric are extensively discussed and illustrated in detail Guerrini 2019, 2022. [1]

2. Perelman’s Research Program on the Logic of Values

1.1 Critique of Positivism

Perelman presents his discovery of argumentation theory 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 conclusions:

  • « 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 construct an ontology that would allow a “calculus of values” that would regulate their hierarchy.
  • Logical positivism’s treatment of values 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 separation is that any recourse to values is rejected as irrational.
    Perelman argues that the view that value-based action is irrational is self-defeating, because it implies that practical reasoning and the entire field of law, both of which are based on values, should be considered irrational, which is absurd because unacceptable.

Perelman’s conclusion is that, because science and logic deal with judgments of truth, they cannot provide the rules for practical reason, which deals with judgments of value. This is the basis of Perelman’s claim, which reasserts the gap between the rational and the reasonable, between “the two cultures”, science and the humanities, see demonstration; proof.
Continuing his research program on values, Perelman, in search of other methods capable of accounting for the rational aspect of the use of values, sought other perspectives better suited to this particular subject. He found them in Aristotle’s Rhetoric and Topics, which provide techniques for the empirical study of how individuals justify their reasonable choices. Perelman was then able to redefine his theoretical goal from logic to a New Rhetoric (ibid.). The argumentative-rhetorical method ​​seems to be the solution to the failure of the logical and philosophical treatments of values. Perelman consistently rejects 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. In particular, Perelman disagrees with Bentham on the possibility of a calculus of pleasures and pains.

1.2 The  Fact/Value Opposition

The New Rhetoric is thus structured around two questions about values.  The first one has a logical origin. It concerns value judgments, made about a being or a concrete situation. The second one 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 their positivist origin.

Facts are necessary and compel the mind, whereas values ​​require a commitment [French adhérence of the mind), see argumentation 1.

In practice, however, 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 » may be a factual judgment or a value judgment; « This is a real car » is only a value judgment (see Dominicy, n. d., pp. 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 about the same object, “This is beautiful! vs. This is ugly!”, can both be justified by value-based arguments, developed independently of any appeal to reality.

– Values and facts exist in separate worlds. Value judgments cannot be derived from nor can they be opposed to factual judgments. Group values ​​are acquired through education and language, and they are specifically reinforced in the epidictic genre.
See Perelman, value and the epidictic genre.

– Values are currently in 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).

– Value in the epidictic genre,

1.3 Agreement: beyond the opposition Fact/Value

 For Perelman, the functioning as arguments of value claims, and truth and reality claims presupposes the agreement of the participants. The totality of these « preliminary agreements » to the argumentation itself creates an atmosphere of « communion » (p. 74) that allows the harmonious development of the argumentative-rhetorical situation itself.

We will ask 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 goes on to say 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)

It seems that the opposition fact / value is now revived as an opposition between two kinds of agreement. That is, the argumentative process blurs the distinction between values and facts, i.e. it is possible to agree/disagree about facts as well as agree/disagree about values.
Indeed, both facts and values can be the focus of a stasis, and both facts and values can be as fixed as facts are supposed to be, and as questionable as values are supposed to be Values and facts are equivalent, when they are defined as unquestioned realities. From « truth is not questioned » we don’t move to « what is not questioned is true », but to « what is unquestioned has the same value as truth ».

In sum, « the opposition between value judgments and factual judgments can be maintained only as the result of « precarious agreements » (Perelman & Olbrechts-Tyteca [1958], p. 513), and for special debates.
This is undoubtedly an  accurate observation. « Precarious » suggests a deplorable condition attached to the agreement, which is not the case. Agreements on facts or on value, or on any other possible distinction of this kind can be revoked, depending on the conventions of the group and the justifications given. The occurrence of disagreement is not to be deplored in human groups.

Let’s note that the distinction between two objects of agreement, relating respectively to the real and the preferable, seems to reintroduce the distinction that has just been absorbed by the notion of agreement.  The fact/value, real/preferable dichotomies are the source of the gap between two Perelmanian concepts, « the reasonable » which governs current mundane argumentative practices including law, and « the rational » governing logic and science, see demonstration; proof.
We won’t try to discuss further these issues, which seem to be more related to the ontology of our world, than to the concrete facts envisaged by argumentation studies.

The following section focuses on the « places of the preferable » and their relation to argumentation schemes.

3. Do Argument Schemes Apply Specifically to Facts, and Loci 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 loci (places, topoi):

When it is 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 [Fr. 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)

An Unnecessary Distinction

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

But it is obvious that the schemes, the techniques of association, correspond closely to what the tradition calls « places »; and, incidentally the Treatise ratifies this label:

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

We therefore give up reserving the name of “place” exclusively for the rules of values. It remains to be seen what the consequences of this terminological reorientation has for the conceptual opposition fact/value. In every day argument, just as agreement can be reached about facts and values, the same kind of argumentative rules apply to facts and values.

The following loci are considered to be the « most common » loci (ibid., 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 valuable it is ».
  • Order: « The loci of order affirm the superiority of the earlier over the 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 ascribes « a higher value to individuals to the extent that they embody [the] essence” (id., p. 95/126), which materializes as a topos “the closer it is to the origin, to life, to the prototype, the better it is ».

These so-called loci of value correspond to the topoi of the accident in Aristotle’s Topics (ibid., p. 113). Since the category of accident is not particularly value-bound, we can assume that the topoi of accident are value-bound either.
The places of the accident, by definition, operate on facts and objects as well as on the field of values. Thus, in keeping with tradition the terms, loci (topoi, place) and argument scheme can be safely interchanged.

The accident is a kind of predication about an object. Such gradual links can be represented on correlated argumentative scales, see scale; topos in semantics.