Norms and Functions in Public Sphere Argumentation J. ANTHONY BLAIR University a/Windsor Abstract: This paper is a commentary on the articles by William Rehg and RobertAsen in this issue of Informal Logic. It compares the subject matter of the two papers, offers an interpretation of and commentary on each paper separately, then discusses their overlapping problematic: the importance of public sphere argumentation. Resume: On compare Ie contenu des articles de William Rehg et de Robert Asen publies dans ce numero de Informal Logic; on interprete et commente sur ces deux articles separement, et on discute de leur chevauchement sur la problematique des spheres d'argumentation publique. Keywords: Rehg, Asen, public sphere, argumentation, argumentation norms, functions of argument, Habermas, Pragma-Dialectics In this commentary on William Rehg's "Assessing the Cogency of Arguments: Three Kinds of Merits" (2005, see supra, pp. 95-115) and on Robert Asen's "Pluralism, Disagreement, and the Status of Argument in the Public Sphere" (2005, see supra, pp. 117-137), I first address the question of how these two articles relate to each other. Following that discussion, I comment in tum on Rehg's and Asen's articles, and then venture some concluding remarks. 1. Connections How are these two articles related? Rehg proposes "a normative model of argument cogency that acknowledges the difference in levels of analysis and shows how they interrelate" (supra, p. 96). Asen proposes an expansion beyond the justificatory function of argument to others that illustrate the importance of argument in a mUltiple public sphere conceived as a network. For Rehg, the motivating problems are the lack of congruence between the theories of argument of democratic theorists like Habermas and of transactional theorists like van Eemeren and Grootendorst, and the problems each orientation has in applying to public-sphere argumentation. For Asen, the motivating problem is how public sphere argumentation, which seems to require shared starting points and norms, can playa role in public deliberation in the face of the value pluralism and fundamental disagreement characterizing the (American) public sphere-given the plurality of publics, each with historical participatory norms, and given the differences in the speakers' positions in social hierarchies and networks, both of which can result in unequal © Informal Logic Vol. 25, No.2 (2005): pp. 139-150. 140 J Anthony Blair advantages in interactions and in the undeserved prominence or marginalization of various arguments. Rehg wants to have workable norms for public sphere argumentation that also relate it to the norms of transactional argumentation and the norms of their component arguments. Asen wants argumentation to have a role to play in public sphere deliberations, in the face of realities that seem to mitigate against its doing so. Rehg and Asen agree about the nature of the public sphere as an argument-space occupied by multiple, overlapping publics. Both regard well-functioning public sphere argumentation as important. IfRehg's model works, then we have norms that apply at all levels to what Asen call's "externally justifying" arguments. Rehg's norms provide grounds for the kinds of critique that Asen and others he cites make ofthe current space for persuasive argumentation ("external" justification) in the public sphere. If Asen is right, then there are non-justificatory functions of argument that empower those in disadvantaged positions, providing them with new routes of access to participation in public sphere deliberations. So the two articles under consideration connect without competing; their goals and their proposals are compatible, but different. Rehg asks, "How do we assess argumentation at alI levels?"; Asen, having assessed public sphere argumentation and found the conditions for it wanting, asks, "How do we find a role for argumentation in the public sphere?" For purposes of commentary, I have chosen to focus on each article more or less independently of the other, and I will return to a discussion of them jointly in the concluding remarks. 2. Rebg's model of argument cogency William Rehg is proposing, in a densely-suggestive sketch, nothing less than a model that accounts for how all argumentation norms fit together. He motivates the model he proposes as a rapprochement between the norms oflocal argumentation that involves more or less interpersonal transactions (exemplified by the Pragma- Dialectical rules) and the norms of public sphere argumentation as these might, as claimed by Habermas, provide legitimacy for legislative actions produced by decisions arrived at using practices and procedures that embody them. In their present forms, Rehg argues, neither of these two types of argumentation theory can by itself account for the full range of argumentation practice. On the one hand, the counterfactual idealizations of Haber mas's communication theory of democratic legitimacy, for instance, need to be applied to particular situations that cannot meet them fully, yet they fail to specify how close the approximations must be to yield legitimacy to the outcomes ofthe public sphere deliberations. Moreover these ideals (such as openness and freedom from coercion) can conflict in particular situations, yet the ideals fail to specify how such conflicts are to be resolved. Habermasian ideals need to be scaled down. On the other hand, although the procedural rules of the Pragma-Dialectical theory, especially when amplified by use of the felicity conditions specified in speech act theory, apply well to the Norms and Functions in Public Sphere Argumentation 141 analysis and evaluation of two-party and other similar conversational argumentative exchanges, nevertheless in public sphere argumentation the Pragma-Dialectical rules can no longer apply. For example, they rely on being able to identify interlocutors' commitment stores and agreed-upon starting points, yet multiple arguers simultaneously addressing the same topic intend and understand one another differently. The Pragma-Dialectical rules need to be scaled up. According to Rehg, Habermas and Pragma-Dialectics share a perspectivist framework towards argumentation as their point of departure. These are perspectives of logic on the product, of dialectic on the procedure or method, and of rhetoric on the process. Arguing is the social process, argumentation is the cooperative procedure, and argument is the product. Habermas's discourse theory of law and democracy, Rehg thinks, points to a fourth, social-institutional level of presuppositions, since Habermas also lists social-institutional constraints, such as those on reaching closure in political deliberation and constraints entailed by systemic imperatives, as well as the influence of historical peculiarities on such things as variations in the ways the rights necessary for public deliberation are specified. These social-institutional presuppositions of argumentation have a normative function by specifying features of the social-institutional environment that sustain or subvert argumentation. Habermas's four-level perspectivism is an ideal model for the social argument-making practices required to permit the members of a society to reach un coerced mutual understanding, just as the Pragma-Dialectic theory offers an ideal model for argumentative exchanges as two-party transactions to permit interlocutors to resolve disagreements. Rehg himselffavonrs a perspectivist framework, but not without modifications, for he sees two problems with perspectivism. First, the two triads (product/ procedure/process and logic/dialectic/rhetoric) don't align neatly as product-logic, procedure-