The Arguments from Coherence

Oxford Journal of Legal Studies, Vol. 25, pp. 369-391, 2005

39 Pages Posted: 20 Jul 2012

Date Written: 2005

Abstract

In this paper, the theory of argumentation set out by the Dutch scholars Frans van Eemeren and Rob Grootendorst is brought to bear in subjecting the general form of an argument from coherence to a critical analysis. First, a distinction is brought out between two basic kinds of argument from coherence: in one use this argumentative structure occurs as a sequence of two arguments establishing that a standpoint constitutes a particular instantiation or a inherent quality of the system it will become part of (symptomatic argument); in the other use we have a main symptomatic argument supported by a subordinate argument appealing to instrumental considerations (pragmatic argument). It is then claimed that arguments from coherence are complex types of argumentation, structured at various argumentative levels, where the premises must be taken together to yield an adequate defense of the conclusion (coordinative argumentation). Finally, an evaluative assessment is made as to whether arguments from coherence can serve acceptably as tools for settling disputes: it will be maintained that we can generally welcome these argumentative structures as sound and fully acceptable provided we are aware of the interpretive discretion their use entails.

Suggested Citation

Bertea, Stefano, The Arguments from Coherence (2005). Oxford Journal of Legal Studies, Vol. 25, pp. 369-391, 2005, Available at SSRN: https://ssrn.com/abstract=2112924 or http://dx.doi.org/10.2139/ssrn.2112924

Stefano Bertea (Contact Author)

Leicester Law School ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

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