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A Look at Rhetoric and Reason

Plato's student Aristotle (384-322 BC) famously set forth an extended treatise on rhetoric that still repays careful study today.

In the first sentence of The Art of Rhetoric, Aristotle says that "rhetoric is the counterpart [literally, the antistrophe] of dialectic." As the "antistrophe" of a Greek ode responds to and is patterned after the structure of the "strophe" (they form two sections of the whole and are sung by two parts of the chorus), so the art of rhetoric follows and is structurally patterned after the art of dialectic because both are arts of discourse production. Thus, while dialectical methods are necessary to find truth in theoretical matters, rhetorical methods are required in practical matters such as adjudicating somebody's guilt or innocence when charged in a court of law, or adjudicating a prudent course of action to be taken in a deliberative assembly. For Plato and Aristotle, dialectic involves persuasion, so when Aristotle says that rhetoric is the antistrophe of dialectic, he means that rhetoric as he uses the term has a domain or scope of application that is parallel to but different from the domain or scope of application of dialectic. In Nietzsche Humanist (1998: 129), Claude Pavur explains that " he Greek prefix 'anti' does not merely designate opposition, but it can also mean 'in place of.'" When Aristotle characterizes rhetoric as the antistrophe of dialectic, he no doubt means that rhetoric is used in place of dialectic when we are discussing civic issues in a court of law or in a legislative assembly. The domain of rhetoric is civic affairs and practical decision making in civic affairs, not theoretical considerations of operational definitions of terms and clarification of thought -- these, for him, are in the domain of dialectic.
Aristotle's treatise on rhetoric is an attempt to systematically describe civic rhetoric as a human art or skill (techne). His definition of rhetoric as a mode of discovery seems to limit the art to the inventional process, and Aristotle heavily emphasizes the logical aspect of this process. But the treatise in fact also discusses not only elements of style and (briefly) delivery, but also emotional appeals (pathos) and characterological appeals (ethos). He thus identifies three steps or "offices" of rhetoric--invention, arrangement, and style--and three different types of rhetorical proof:


ethos: how the character and credibility of a speaker influence an audience to consider him to be believable.
This could be any position in which the speaker--from being a college professor of the subject, to being an acquaintance of person who experienced the matter in question--knows about the topic.
pathos: the use of emotional appeals to alter the audience's judgment.
This can be done through metaphor, amplification, storytelling, or presenting the topic in a way that evokes strong emotions in the audience.
logos: the use of reasoning, either inductive or deductive, to construct an argument.
Logos appeals include appeals to statistics, math, logic, and objectivity. For instance, when advertisements claim that their product is 37% more effective than the competition, they are making a logical appeal.
Inductive reasoning uses examples (historical, mythical, or hypothetical) to draw conclusions.
Deductive or "enthymematic" reasoning uses generally accepted propositions to derive specific conclusions. The term logic evolved from logos. Aristotle emphasized enthymematic reasoning as central to the process of rhetorical invention, though later rhetorical theorists placed much less emphasis on it.
Aristotle also identifies three different types or genres of civic rhetoric: forensic (also known as judicial, was concerned with determining truth or falsity of events that took place in the past, issues of guilt), deliberative (also known as political, was concerned with determining whether or not particular actions should or should not be taken in the future), and epideictic (also known as ceremonial, was concerned with praise and blame, values, right and wrong, demonstrating beauty and skill in the present).

One of the most fruitful of Aristotelian doctrines was the idea of topics (also referred to as common topics or commonplaces). Though the term had a wide range of application (as a memory technique or compositional exercise, for example) it most often referred to the "seats of argument"--the list of categories of thought or modes of reasoning--that a speaker could use in order to generate arguments or proofs. The topics were thus a heuristic or inventional tool designed to help speakers categorize and thus better retain and apply frequently used types of argument. For example, since we often see effects as "like" their causes, one way to invent an argument (about a future effect) is by discussing the cause (which it will be "like"). This and other rhetorical topics derive from Aristotle's belief that there are certain predictable ways in which humans (particularly non-specialists) draw conclusions from premises. Based upon and adapted from his dialectical Topics, the rhetorical topics became a central feature of later rhetorical theorizing, most famously in Cicero's work of that name.

See Garver, Eugene; Aristotle's Rhetoric: An Art of Character (University of Chicago Press,1994).

Re: A Look at Rhetoric and Reason -- Result!

Suit demands refunds for drivers' cell phone tickets

December 19, 2007
BY FRAN SPIELMAN City Hall Reporter

In July 2005, Chicago became the nation’s largest city to prohibit motorists from using cell phones without a hands-free device that allows the driver to keep both hands on the wheel.

Then-downtown Ald. Burton F. Natarus (42nd) used a parliamentary maneuver to sneak the ordinance he championed through the City Council without debate.

» Click to enlarge image

A lawsuit is demanding that more than 25,000 motorists ticketed since the cell phone ban took effect get refunds of their $50 to $200 fines.
(STNG file)
Today, a class-action lawsuit claimed the city is sneaky in its enforcement of the cell phone ban.

Attorney Blake Horwitz demanded that more than 25,000 Chicago motorists ticketed since the ban took effect get refunds of their $50 to $200 fines — plus unspecified damages — because of the city’s failure to post signs alerting motorists to the ban.

If a federal judge agrees, the refund would be in the $2 million to $3 million range, he said, and the city would be prohibited from enforcement until signs are posted.

Whenever state and local traffic laws differ, Chapter 11 of the Motor Vehicle Code states, “Such regulation shall not be effective until signs giving reasonable notice thereof are posted.”

“If people drive into Chicago from out of town or out of state, they don’t know there’s a prohibition against using their cell phone while driving. A police officer pulls them over for violating a rule they know nothing about,” Horwitz said.

“The city has illegally obtained millions of dollars from motorists. It’s easier to get money from people when you don’t notify them. But the law is very clear. The city has to put up signs — enough to advise motorists that there is such a rule. Right now, there are none.”

Law Department spokesperson Jennifer Hoyle said the sign requirement applies only to local laws “in conflict” with Chapter 11 of the Motor Vehicle Code.

“Our cell phone ordinance is not in conflict. It’s not addressed by it at all,” Hoyle said. “We have no reason to give people refunds if the ordinance is legal.”

Ald. Bernard Stone (50th), the City Council’s 80-year-old elder statesman, scoffed at the sign demand.

“It’s absolutely preposterous. Do we post a sign for every law we pass? You couldn’t see anything [if we did]. Certainly, there was enough publicity on it,” the alderman said.

Stone said his only complaint about the 2 1/2-year-old cell phone ban is that there hasn’t been enough enforcement. He still sees too many multi-tasking motorists yakking away — without consequence.

“Any time I see a vehicle traveling erratically or traveling too slow, invariably it’s someone who’s talking on a cell phone. Their mind is not on driving. It’s on the conversation,” Stone said.

The class-action lawsuit filed today in U.S. District Court names only one plaintiff: Chris Yarusso. He was ticketed in March “exclusively” for talking on his cell phone, Horwitz said.The ticket was subsequently dismissed after a court challenge.