This is a review of David Hitchcock’s paper “Toulmin’s Warrants” (Hitchcock, 2003). If you are completely new to Stephen E. Toulmin’s (1958) The Uses of Arguments a quick look over part two of this review should be enough for now.
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1. Toulmin’s conception
The chapter “The Layout of Arguments” from Toulmin (1958) starts by putting to practice the previously advocated view of argument as procedure (what Toulmin called the “jurisprudential metaphor”). Hitchcock briefly follows this procedural view: If we ask how arguments start, we come up with the CLAIM, then if the claim is doubted, one brings forward the DATA (or ‘grounds’), if the relationship between data and claim is itself question, one must make explicit his justification from passing from the former to the latter, thus arriving at the WARRANT. Toulmin’s characterization of warrants is: “general, hypothetical statements, which can act as bridges, and authorize the sort of step to which our arguments commit us” (1958, p. 98). The justification of the justification is called the BACKING.
Warrants, then, are rules which permit one to jump from the data to the conclusion. Using “Harry was born in Bermuda”, we can support the claim that “Harry is a British person” if a warrant of the sort “A man born in Bermuda is generally a British subject” is, as it were, in function. The warrant is then a principle, describable by a general sentence that does not make reference to any particular case at hand, in accordance with which we argue and/or reason. This is, in its essentials, Toulmin’s conception. Hitchcock continues first by explaining three common misconceptions about warrants, and then offering a response to five well-known criticisms adduced by several argumentation theorists to Toulmin’s concept. I will follow these lines.
2. Misconceptions
(a) A warrant is a kind of premise
In fact, one of the reasons for introducing all this terminology was precisely that of getting over the “minor premise-major premise” issue in talking about what stands behind conclusions. A premise is something from which the conclusion follows; a warrant is something in accordance with which the conclusion follows. “A warrant is an inference-licensing rule, not a premise” (p. 71)
(b) A warrant is a kind of implicit premise
Although, due to pragmatic reasons, it happens quite often that in conversation warrants are left implicit; it is not their implicitness which isolates them theoretically. Hitchcock throws some darts at what he calls “implicit-premiss approaches” while he’s at the business of refuting (b): there are some theorists who try to preserve the “intuitive respectability” of some arguments by way of repairing their formal deficiencies in the reconstruction. This “fiction of an implicit premiss” is nothing else than the job of “discovering something that is not there” (p. 72). Toulmin’s warrant, if we see and define it correctly, is self-explanatory in the sense that its function differentiates it immediately from other any premise, so that one need not use “ad hoc devices” such as the pragma-dialectical “pragmatic optimum”
[1]. As a rule the warrant is more general in that it applies not only to the argument at hand. What does this mean? Well, to begin with, it means that every one trying to search for
one premise, or
one statement, which is left unexpressed is disregarding this law-like behavior of warrants. Hitchcock puts it quite instructively:
“… consider a common argument that marijuana should be legalized because it is no more dangerous than alcohol, which is legal. Among the general rules which would license the step in this argument from the grounds [data] to the claim are the following: given that something is no more dangerous than alcohol and that alcohol is legal, then you may take it that that thing should be legalized; given that something is no more dangerous than something else that is legal, then you may take it that the first thing should be legalized; given that marijuana is no more dangerous than something that is legal, then you may take it that marijuana should be legalized; given that one thing is no more dangerous than another which has a certain social status, then the first thing should be given the same social status; and so forth.” (p. 73)
We see then how one can get from the data to the conclusion in very different ways, according to which part is he ready to generalize or abstract from. There is no one implicit premise one should start searching for.
(c) A warrant is an ungeneralized conditional statement.
Once again, this misses the generality of warrants. So if one tries to formulate the warrant, one should end up not with something like ‘If [Data], therefore you may take it that [Claim]’, but with something more general like “From data of this kind, you may take it that a corresponding claim of this sort is true” (p. 73)
[2].
3. Objections
(a) Difficulty of practical application
Hitchcock cites van Eemeren, Grootendorst & Kruiger (1984), according to whom it is “often difficult” in practice to tell the warrant from the data (or maybe the other way around). Hitchcock’s reply is not particularly useful: “I did this for a sample of 50 arguments extracted by random sampling methods from several hundred…” (p. 74). However, considering (1) the fact that there are several criteria which one can make use of, i.e. general vs. particular, sentence vs. inference-rule, explicit vs. implicit, and (2) the fact that more often than not examples seem to render themselves to this analysis, I would say the burden of proof is on the pragma-dialectical side.
(b) Occurrence of general statements as grounds and of particular statements as warrants
The same authors, van Eemeren, Grootendorst & Kruiger (1984), also raise the issue of the reversibility of the datum and the warrant, since Toulmin allows for universal statements to function as data. Hitchcock’s answer to this is, to my mind, quite strange. He points to the fact that particular statements too, that is, any statement of the form P(a) in first-order predicate logic, could be restated as a second-order generalization: “For any property Q, if everything with property P has property Q, then a has property Q”. I do not see this neither as a “corresponding” statement (I take that to mean a translation of the same statement in a logical language), nor as a generalization: notice that a is still present, and it should be, if the translation is to be correct in both cases. Nor do I see it as a statement at all. Indeed the same proposition would be expressible in higher-order logics as “The property P has the higher-order property of being true of a” – this is a statement; a quite particular one. Hitchcock’s translation is the stating of an inference, an instance of reasoning from the second clause to the third.
(c) Misconstrual of the function of generalized conditionals in premissory position
I could have just skipped this one, since I don’t make much of it, but it’s interesting to note that Hitchcock makes use of some concepts I have never met before (which also seem to be quite important both for (c) and for the possible response to it): “general categorical”, “generalized conditionals”, “open-ended generalizations”, “premissory position”.
(d) Absence of warrants from arguments as products and from our conscious reasoning
Freeman (1991) argued that the concept of warrant should be replaced (if not rejected) since warrants are not part of the product, part of the argument, so including them in a diagram, or in the model as the tradition often does, is at least in one way wrong. This is a strong criticism, Hitchcock adds, since as analysts we want to be careful not to distort the actual practice with our own prejudices. So, if by writing it as part of the argument one is in any way implying that ‘it is there’ – this should be avoided. A warrant is identified only when we try to evaluate the argument: “Without the opportunity to ask the arguer, ‘How do you get there?’, we must ask, ‘How could you get there?’, and consider whether any of the possible rules of inference which would license the step from premisses to conclusion is in fact justified” (p. 79).
(e) Difficulty of assigning some warrants to fields
Johnson (1996), among others, has pointed out that field-dependency should be taken with a grain of salt, unless understood ideally simply as an analytical tool. As Hitchcock concedes, our knowledge is not neatly “parceled out into fields”, each with its backed warrants. Not to mention the unfathomable common-sense knowledge – by definition outside the fields. Hitchcock’s response is that “we would do well to give up Toulmin’s strong field-dependency thesis” (p. 80). Be that as it may, the grounds are no less distinguishable from the warrants.
[1] As much as I agree with Hitchcock, in both regards, I think the concept of
pragmatic-optimum – as developed in pragma-dialectics – is anything but ad hoc. Behind it there is a quite principled pragmatic conception of what it means to put forward an argument, and what it means to see something, not as “not there
”, but as “unexpressed”. Not that one must or even should accept the concept. It’s just that its being propounded
ad hoc is not, I believe, the way to criticize it.
[2] The reader will have noticed the closeness between Hitchcock’s insistence on generality and Dahl claim that generics do not express a mere “accidental generalization” (see here). The possible translation of general statements in to “if-then” conditionals is also in the same area.