Monday, December 29, 2008

Charter Change, anyone?

Based on October 2008 SWS survey, populace seems to agree that GMA may finish her term of office, that is until June 2010, yet at around 65% of adult Filipino does not concur on extension, in whatever forms and means, of her term.

For whatever purpose, the administration pull out their best strategy formulated to date, a charter change! Yeah, it sounds familiar; this was being pushed by FVR on last year of his presidency, but to no avail. Could GMA and its allies pull the trigger this time? Or they would mess-up, and push the Filipino people to march and protest along the streets instead.

As to the opposition - the cons, charter change is a way of indirectly extending the term of GMA. For one, pros are pushing for parliamentary form of governance, -true enough that the president will step down the office upon expiration of her term, hence no extension of term as claimed by the pros, but the trick is, she has the possibility of becoming the prime minister, if and when she will seek for public office and win in her district, where she will be eligible to run under the proposed form of governance. That is, stepping down as president and stepping up as prime minister.

On the other hand, the pros claimed that cha-cha does not in anyway related to the same. Instead, the proposed change is for improvements on economic constitutional provisions that inherently limited as to its application and ambiguously draft in 1987 constitution. This is to address current economic difficultly that the Philippines is facing in international arena.

Further, the administration and its allies favored for constituent assembly (con-ass), instead of constitutional convention (con-con), as their first option as the mode of changing/amending the 1987 constitution, where any constitutional revision “may be proposed by the Congress, upon a vote of three-fourths of all its Members.” Vote of Three-fourth of all its members pose a critical question and yet to be resolved. As Congress is composed of two houses, -the House of Representatives and Senate, this is unclear on how the ¾ votes shall be arrived, whether: 1) all the members of both houses convene jointly or convene separately? And how the votes should be treated/counted: 2) Houses shall vote jointly or separately? For cha-cha supporters, ¾ votes shall constitute the totality of all its members convene and vote jointly, however most senators do not agree on this view.

It is crystal clear that their arguments cannot be resolve among themselves, thus these questions shall be left to be answered by the Supreme Court. If the court holds that both Houses shall convene and vote separately, certainly cha-cha would not pass thru Senate, for they will not allow a change to abolish the senate itself. However, if the court favors joint votes on both houses, proposed change has a great possibility to be materialized.

It is also interesting to note that several new justices will be coming in 2009. A Supreme Court justice is a Presidential appointee, it follows that these new justices will be all GMA’s appointees, obviously, she will choose who in her perspective would support her plans. Let us cross our fingers that this virtually new Supreme Court upholds what is right and just, for this Court is the last battlefield for all the issues that would be put into rest and all decisions made that would eventually determine our futures.

Sure, Filipinos want for a change, it can be an economic or political change or both, so as long as it would lead the nation to the right direction. However, considering the political and economic turmoil that the nation is having presently, pushing for a charter change is not a sound option. Charter Change anyone? No, thank you! Character change, I may say, can be best served instead. We can have the “near” perfect constitution, but later. For now, sensing that our nation is politically and economically dying, definitely, constitutional provisions cannot heal this sick nation. Good character can be equated to a good action, and good action can lead to a good nation. This nation is in need for new, sincere, strong-willed leader who has a different perspective of building the nation toward political practices and economic improvements and stability.

Good bless Pilipinas!

Tuesday, December 9, 2008

Argumentation and Its components

Argumentation theory or Argumentation

It embraces the arts and sciences of civil debate, dialogue, conversation, and persuasion; studying rules of inference, logic, and procedural rules in both artificial and real world settings. Argumentation is concerned primarily with reaching conclusions through logical reasoning, that is, claims based on premises. Although including debate and negotiation which are concerned with reaching mutually acceptable conclusions, argumentation theory also encompasses eristic dialog, the branch of social debate in which victory over an opponent is the primary goal. This art and science is often the means by which people protect their beliefs or self-interests in rational dialogue, in common parlance, and during the process of arguing. Argumentation is used in law, for example in trials, in preparing an argument to be presented to a court, and in testing the validity of certain kinds of evidence. Also, argumentation scholars study the post hoc rationalizations by which organizational actors try to justify decisions they have made irrationally.

Key components of argumentation

* Understanding and identifying arguments, either explicit or implied, and the goals of the participants in the different types of dialogue.

* Identifying the premises from which conclusions are derived

* Establishing the "burden of proof" — determining who made the initial claim and is thus responsible for providing evidence why his/her position merits acceptance

* For the one carrying the "burden of proof", the advocate, to marshal evidence for his/her position in order to convince or force the opponent's acceptance. The method by which this is accomplished is producing valid, sound, and cogent arguments, devoid of weaknesses, and not easily attacked.

* In a debate, fulfillment of the burden of proof creates a burden of rejoinder. One must try to identify faulty reasoning in the opponent’s argument, to attack the reasons/premises of the argument, to provide counterexamples if possible, to identify any logical fallacies, and to show why a valid conclusion cannot be derived from the reasons provided for his/her argument.

Components of Argument

1. Claim

Conclusions whose merit must be established. For example, if a person tries to convince a listener that he is a British citizen, the claim would be “I am a British citizen.” (1)

2. Data

The facts we appeal to as a foundation for the claim. For example, the person introduced in 1 can support his claim with the supporting data “I was born in Bermuda.” (2)

3. Warrant

The statement authorizing our movement from the data to the claim. In order to move from the data established in 2, “I was born in Bermuda,” to the claim in 1, “I am a British citizen,” the person must supply a warrant to bridge the gap between 1 & 2 with the statement “A man born in Bermuda will legally be a British Citizen.” (3)

4. Backing

Credentials designed to certify the statement expressed in the warrant; backing must be introduced when the warrant itself is not convincing enough to the readers or the listeners. For example, if the listener does not deem the warrant in 3 as credible, the speaker will supply the legal provisions as backing statement to show that it is true that “A man born in Bermuda will legally be a British Citizen.”

5. Rebuttal

Statements recognizing the restrictions to which the claim may legitimately be applied. The rebuttal is exemplified as follows, “A man born in Bermuda will legally be a British citizen, unless he has betrayed Britain and has become a spy of another country.”

6. Qualifier

Words or phrases expressing the speaker’s degree of force or certainty concerning the claim. Such words or phrases include “possible,” “probably,” “impossible,” “certainly,” “presumably,” “as far as the evidence goes,” or “necessarily.” The claim “I am definitely a British citizen” has a greater degree of force than the claim “I am a British citizen, presumably.


Internal structure of arguments

Typically an argument has an internal structure, comprising of the following

1. a set of assumptions or premises

2. a method of reasoning or deduction and

3. a conclusion or point.

An argument must have at least one premise and one conclusion.

Often classical logic is used as the method of reasoning so that the conclusion follows logically from the assumptions or support. One challenge is that if the set of assumptions is inconsistent then anything can follow logically from inconsistency. Therefore it is common to insist that the set of assumptions is consistent. It is also good practice to require the set of assumptions to be the minimal set, with respect to set inclusion, necessary to infer the consequent. Such arguments are called MINCON arguments, short for minimal consistent. Such argumentation has been applied to the fields of law and medicine. A second school of argumentation investigates abstract arguments, where 'argument' is considered a primitive term, so no internal structure of arguments is taken on account.

In its most common form, argumentation involves an individual and an interlocutor/or opponent engaged in dialogue, each contending differing positions and trying to persuade each other. Other types of dialogue in addition to persuasion are eristic, information seeking, inquiry, negotiation, deliberation, and the dialectical method (Douglas Walton). The dialectical method was made famous by Plato and his use of Socrates critically questioning various characters and historical figures.

Kinds of argumentation:

1 Conversational argumentation

The study of naturally-occurring conversation arose from the field of sociolinguistics. It is usually called conversational analysis. Inspired by ethnomethodology, it was developed in the late 1960s and early 1970s principally by the sociologist Harvey Sacks and, among others, his close associates Emanuel Schegloff and Gail Jefferson. Sacks died early in his career, but his work was championed by others in his field, and CA has now become an established force in sociology, anthropology, linguistics, speech-communication and psychology.[13] It is particularly influential in interactional sociolinguistics, discourse analysis and discursive psychology, as well as being a coherent discipline in its own right. Recently CA techniques of sequential analysis have been employed by phoneticians to explore the fine phonetic details of speech.

Empirical studies and theoretical formulations by Sally Jackson and Scott Jacobs, and several generations of their students, have described argumentation as a form of managing conversational disagreement within communication contexts and systems that naturally prefer agreement.

2 Mathematical argumentation

The basis of mathematical truth has been the subject of long debate. Frege in particular sought to demonstrate (see Gottlob Frege, The Foundations of Arithemetic, 1884, and Logicism in Philosophy of mathematics) that arithmetical truths can be derived from purely logical axioms and therefore are, in the end, logical truths. The project was developed by Russell and Whitehead in their Principia Mathematica. If an argument can be cast in the form of sentences in Symbolic Logic, then it can be tested by the application of accepted proof procedures. This has been carried out for Arithmetic using Peano axioms. Be that as it may, an argument in Mathematics, as in any other discipline, can be considered valid just in case it can be shown to be of a form such that it cannot have true premises and a false conclusion.

3 Scientific argumentation

Perhaps the most radical statement of the social grounds of scientific knowledge appears in Alan G.Gross "The Rhetoric of Science." Cambridge: Harvard University Press, 1990. Gross holds that science is rhetorical "without remainder," meaning that scientific knowledge itself cannot be seen as an idealized ground of knowledge. Scientific knowledge is produced rhetorically, meaning that it has special epistemic authority only insofar as its communal methods of verification are trustworthy. This thinking represents an almost complete rejection of the foundationalism on which argumentation was first based.

4 Legal argumentation

Legal arguments (or oral arguments) are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. A closing argument (or summation) is the concluding statement of each party's counsel (often called an attorney in the United States) reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence.

Political argumentation

Political arguments are used by academics, media pundits, candidates for political office and government officials. Political arguments are also used by citizens in ordinary interactions to comment about and understand political events. The rationality of the public is a major question in this line of research. A robust political science research tradition seems to prove that the American public is largely irrational and ignorant of even the most basic knowledge of national or world affairs. Political scientist S. Popkin coined the expression "low information voters" to describe most voters who know very little about politics or the world in general.

Some theorists have inferred from this that only comprehensively trained elites can debate public issues. They point as additional proof to the practice of academic debate in the United States, an activity almost exclusively involving children of the upper middle classes, future lawyers and graduate students, and not ordinary citizens