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Definition
| A rational link between evidence and the claim in the argument |
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Term
Toulmin's Model
List the 5 components |
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Definition
Data-Evidence
Claim-Opinion/Conclusion
Warrant-Reasoning linking data
Backing-Provides authority to the Warrant
Qualifier-specification of limits to claim, warrant and backing. The degree of conditionality asserted.
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Term
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Definition
| Attitude change is mediated by judgmental processes and effects used to persuade people. |
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Term
| 5 Key Principles of Persuasion |
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Definition
1. We have categories of judgment by which we evaluate persuasive positions
2. When we recieve persuasive information we locate it on our categories of judgment
3. Our level of "ego-involvement" affects the size of our latitudes
4. We tend to distort incoming information to fit our categories of judgement
5. Small to moderate discrepancies between our anchor positions and the one advocated will cause us to change |
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Term
| For Persuasion to occur the following three things must happen: |
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Definition
New information
1.Must fall in the latitude of acceptance
2.Must be different from anchor position
3.While discrepant from the anchor, cannot be assimilated or contrasted |
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Term
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Definition
A cognitive shortcut, simple cues or rules for solving a problem:
Length of Message (long=strong)
Social Consensus (applause or cheering)
Confidence of Speaker (the more onfident, the more believed)
Correct Symbols/Buzzwords |
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Term
| In order for communication to be "vivid" it must be: |
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Definition
Emotionally Interesting
Concrete and Image provoking
Immediate (issues that matter) |
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Term
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Definition
The more a person is exposed to an item, the more attractive it can be
Should not be identical (generally speaking) |
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Term
| Elaboration Likelihood Model |
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Definition
| Explains how a persuasive message works to change the attitude of the reciever |
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Term
| Define Central and Peripheral Routes |
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Definition
Central: Focus on the argument and use it to elaborate upon the position
Peripheral: Uses other aspects to make decisions |
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Term
| List the six given aspects of the Peripheral Route: |
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Definition
Reciprocation: Based on past experiences ("BBT:Christmas Gift)
Consistency: Relying on past thoughts (favorite restaurants)
Social Proof: Peer pressure
Liking: Speaker is likeable (attractiveness)
Authority: Speaker has power
Scarcity: Message has a time limit |
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Term
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Definition
Burden of proof & presumption
The affirmative has the burden of proof |
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Definition
Extended case should be "Prima Face"
or "on its face" |
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Definition
| Definitions should be clear |
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Definition
Understanding argument situation
(if people know info then a lengthy explanation is not needed) |
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Definition
| Common issues around which a debate revolves |
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Definition
| Status quo is not solving the problem |
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Term
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Definition
What is the problem?
Monroe's Motivated Sequence: "the Need" |
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Definition
| How the policy proposal will resolve the harm |
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Definition
Does the plan fit under the resolution
Make sure evidence advances the topic |
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Term
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Definition
| Is the policy plan of action significant? |
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Term
| A need for change occurs when: |
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Definition
The need is compelling
The need is inherent |
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Term
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Definition
| Anticipates opponents arguments |
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Term
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Definition
| Limits logical arguments to 2 choices, instead of considering all possibilities |
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Definition
| Because someone else did something, you should be allowed |
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Term
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Definition
| Misintepret what a person says then advocate the misinterpretation |
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Definition
| Will provide little evidence for stronger arguments |
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Term
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Definition
| Once ground is lost will attempt to argue another point |
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Term
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Definition
Questions of Fact
Informational |
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Term
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Definition
Questions of Law
No new info |
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Term
| 3 Types of Factual Evidence |
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Definition
Reports
Statistics
Expert Testimony/Opinion |
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Term
When looking at evidence
(RARECOE) |
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Definition
Recency: Current info
Access: Firsthand observation
Relevance: Evidence related to claim
Expertise: Has background credentials relevant to subject
Consistency: Evidence agrees with other info we know
Objectivity: Unbiased/Undistorted
Evaluating Reliability: Source has been correct before |
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Term
| Scholars of Legal Rhetoric are interested in: |
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Definition
1. Rhetorical criticism of judicial opinions (Langfor & Scalia)
2. Historical studies of the relationship between rhetorical theory and legal resoning/education (Scallen: Instruction, Reconstruction, Evaluation)
3. Attempts to use rhetorical theory to critique theories of jurisprudence (Burkean analysis of opinion-symbolic action) |
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Term
| 4 Characteristics of Judicial Opinions |
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Definition
Monologic Voice: Opinions speak with one voice
The Interrogative Mode: Determine the legal question
The Declarative Tone: The actual response
The Rhetoric of Inevitability: Create sense that it is the only possible option |
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Term
K. Langfords Judicial Opinions for Dissenters
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Definition
Individualitstic Tone
The Skeptical Tone:Questions validity of opinion
The Democratic Standard: Includes other perspectives
The Advocacy Medium: Crafts arguments for future decisions
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Term
| 6 Commonplaces of Legal Argument: |
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Definition
1. Historical: Original intent or meaning
2. Textual: Plain meaning of Constitution
3. Doctrinal: Uses previous legal reasoning
4. Prudential: Cost/Benefit Analysis
5. Structural: Overall intent of entire document
6. Ethical: Seeks to further telic aims of the nation |
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Term
| Types of Quasi-Logical Arguments |
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Definition
n1. Contradiction (& Incompatibility) : To assert a proposition & its negation
n2. Total or Partial Identity : Definitions (next screen)
n3. Transitivity : Relations of equality, superiority, inclusion, & ancestry
n4.Part & Whole / Comparison (ex: Smaller & Larger) / Frequency (/ Probability)
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Term
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Definition
nNormative : Indicate the manner in which a word is to be used
nDescriptive : Indicate what meaning is given to a word in a certain environment at a particular time
nCondensed : Point out essential elements of a descriptive def
nComplex : Combine elements of the other 3 types
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Term
| 5 Conditions That Lead to Using a Heuristic |
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Definition
n1. Do not have time to think carefully about an issue
n2. Overloaded w/ information
n3. Issue(s) not very important
n4. Little other knowledge / info
n5. When a heuristic comes quickly to mind
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Term
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Definition
nInsufficient Cause: Cause not substantial enough to lead to effect
nMultiple Causation: Assert a single cause achieves the result; ignoring multiple causes
nPost Hoc, Ergo Prompter Hoc: “After the fact, therefore because of the fact.”
nReductio Ad Absurdum: “Reduction to the absurd”
nSubstitution of a Sign for a Cause: correlation is not causation
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Term
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Definition
nHasty Generalization : Draws conclusion from 1 or few signs w/o additional corroboration
nThe Fallacy of Composition : Assume what is true of the part, is true of the whole
nFallacy of Division: opposite of the above, whole is good, then the parts are good
nEquivocal Sign: signs have multiple causes
nConstant Sign: relationships are time & culture bound (don’t assume they will continue in the future b/c of relations in the past)
nMystic Sign: can think A is related to B b/c of value system, personal beliefs, / faith
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Term
Synthetic Fallacies
Survey, population, sample (random / stratified) |
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Definition
n
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Unnamed Base: Do not identify the population from which % are drawn
nInadequate Sample: Give impression of taken a survey, when really just looked at a sample
nFaulty Sample: Identifies population, indicates statistics based upon sampling, fails to acct for all the groups
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Term
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Definition
Affirming the Consequent: If…then
nDenying the Antecedent : “If …then” when advocate denies the “if” cause, then reasons that that denies the then
nUnstated Assumption / Faulty Enthymeme : Reasons from a premise not named
nPetitio Principi (“Begging the Question”) : Uses circular reasoning
nFaulty Definition : Key terms not defined / using different definitions
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Term
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Definition
nGlittering Generality : Unproven proposition given in emotional, evaluative terms
nBandwagon : Everyone else accepts reasoning
nPlain Folks : Argument should be accepted b/c of arguer’s affiliation w/ crowd
nCard Stacking : Quote from recognized source, then add other well known sources
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Term
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Definition
nAd Hominem : Attacking character of opponent directly instead of opponent’s argument
nAd Populam : Appeal to the people / emotions
nTu Quoque (“you’re another”) :b/c someone else did something, you should be allowed to do it as well
nIgnoratio Elenchi :Misinterpret what person says & advocate for the misinterpretation; ignorance of logic
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