Dialectic in the context of Legal argument

Plato (/ˈpleɪtoʊ/ PLAY-toe; Greek: Πλάτων, Plátōn; born c. 428–423 BC, died 348/347 BC) was an ancient Greek philosopher of Classical Athens who is most commonly considered the foundational thinker of the Western philosophical tradition. An innovator of the literary dialogue and dialectic forms, Plato influenced all the major areas of theoretical philosophy and practical philosophy, and was the founder of the Platonic Academy, a philosophical school in Athens where Plato taught the collection of philosophical theories that would later become known as Platonism.

Plato's most famous contribution is his Theory of Forms (or Ideas), which aims to solve what is now known as the problem of universals. He was influenced by the pre-Socratic thinkers Pythagoras, Heraclitus, and Parmenides, although much of what is known about them is derived from Plato himself.

Rhetoric is the art of persuasion. It is one of the three ancient arts of discourse (trivium) along with grammar and logic/dialectic. As an academic discipline within the humanities, rhetoric aims to study the techniques that speakers or writers use to inform, persuade, and motivate their audiences. Rhetoric also provides heuristics for understanding, discovering, and developing arguments for particular situations.

Aristotle defined rhetoric as "the faculty of observing in any given case the available means of persuasion", and since mastery of the art was necessary for victory in a case at law, for passage of proposals in the assembly, or for fame as a speaker in civic ceremonies, he called it "a combination of the science of logic and of the ethical branch of politics". Aristotle also identified three persuasive audience appeals: logos, pathos, and ethos. The five canons of rhetoric, or phases of developing a persuasive speech, were first codified in classical Rome: invention, arrangement, style, memory, and delivery.

The Socratic method (also known as Socratic debate, the Socratic dialectic, or the method of Elenchus) is a form of argumentative dialogue in which an individual probes a conversation partner on a topic with questions and clarifications, until the partner is pressed to come to a conclusion on their own, or else their reasoning breaks down and they are forced to admit ignorance. Socratic dialogues between characters employing this method feature in many of the works of the ancient Greek philosopher Plato, where a fictionalized version of his real-life teacher Socrates debates various philosophical issues with a partner.

In Plato's dialogue "Theaetetus", Socrates describes his method as a form of "midwifery" because it is employed to help his interlocutors develop their understanding in a way analogous to a child developing in the womb. The Socratic method begins with commonly held beliefs and scrutinizes them by way of questioning to determine their internal consistency and their coherence with other beliefs and so to bring everyone closer to the truth.

An argument is one or more premises—sentences, statements, or propositions—directed towards arriving at a logical conclusion. The purpose of an argument is to give reasons for one's thinking and understanding via justification, explanation, or persuasion. As a series of logical steps, arguments are intended to determine or show the degree of truth or acceptability of a logical conclusion.

The process of crafting or delivering arguments, argumentation, can be studied from three main perspectives: through the logical, the dialectical and the rhetorical perspective.

Argumentation theory is the interdisciplinary study of how conclusions can be supported or undermined by premises through logical reasoning. With historical origins in logic, dialectic, and rhetoric, argumentation theory includes the arts and sciences of civil debate, dialogue, conversation, and persuasion. It studies rules of inference, logic, and procedural rules in both artificial and real-world settings.

Argumentation includes various forms of dialogue such as deliberation and negotiation which are concerned with collaborative decision-making procedures. It also encompasses eristic dialogue, the branch of social debate in which victory over an opponent is the primary goal, and didactic dialogue used for teaching. This discipline also studies the means by which people can express and rationally resolve or at least manage their disagreements.

The lord–bondsman dialectic (German: Herrschaft und Knechtschaft; also translated master–servant dialectic) is a famous passage in Georg Wilhelm Friedrich Hegel's The Phenomenology of Spirit. It is widely considered a key element in Hegel's philosophical system, and it has heavily influenced many subsequent philosophers.

The passage describes, in narrative form, the development of self-consciousness as such in an encounter between what are thereby (i.e., emerging only from this encounter) two distinct, self-conscious beings. The essence of the dialectic is the movement or motion of recognizing, in which the two self-consciousnesses are constituted in each being recognized as self-conscious by the other. This movement, inexorably taken to its extreme, takes the form of a "struggle to the death" in which one masters [beherrscht] the other, only to find that such lordship makes the very recognition he had sought impossible, since the bondsman, in this state, is not free to offer it.

Theodor W. Adorno (/əˈdɔːrnoʊ/ ə-DOR-noh; German: [ˈteːodoːɐ̯ aˈdɔʁno] ; born Theodor Ludwig Wiesengrund; 11 September 1903 – 6 August 1969) was a German philosopher, musicologist, and social theorist. He was a leading member of the Frankfurt School of critical theory, whose work has come to be associated with thinkers such as Ernst Bloch, Walter Benjamin, Max Horkheimer, Erich Fromm, and Herbert Marcuse, for whom the works of Sigmund Freud, Karl Marx, and G. W. F. Hegel were essential to a critique of modern society. As a critic of both fascism and what he called the culture industry, his writings—such as Dialectic of Enlightenment (1947), Minima Moralia (1951), and Negative Dialectics (1966)—strongly influenced the European New Left.

In an intellectual climate shaped by existentialism and logical positivism, Adorno developed a dialectical conception of history and philosophy that challenged the foundations of both, anticipating the divide that would later emerge between the analytic and continental traditions. As a classically trained musician, Adorno studied composition with Alban Berg of the Second Viennese School, influenced by his early admiration for the music of Arnold Schoenberg. Adorno's commitment to avant-garde music formed the backdrop of his subsequent writings and led to his collaboration with Thomas Mann on the latter's novel Doctor Faustus (1947), while the two men lived in California as exiles during the Second World War. Working at the newly relocated Institute for Social Research, Adorno collaborated on influential studies of authoritarianism, antisemitism, and propaganda that would later serve as models for sociological studies the institute carried out in post-war Germany.

The Grundrisse der Kritik der Politischen Ökonomie (Rohentwurf) (German: [ˈɡʁʊntˌʁɪsə]; lit. "Foundations/Outlines of the Critique of Political Economy (Rough Draft)") is a lengthy, unfinished manuscript written by Karl Marx in the winter of 1857–1858. Comprising seven notebooks of economic studies, the work represents the first major draft of Marx's critique of political economy and is widely considered the preparatory work for his magnum opus, Das Kapital. The text was written for self-clarification during the Panic of 1857, and remained unpublished during his lifetime. A first edition was published in German in Moscow in 1939 and 1941, but the work only became widely available and influential in the 1960s and 1970s; a full English translation appeared in 1973.

The manuscript's scope is vast, covering all six sections of Marx's intended economic project. It explores key themes such as alienation, the nature of capital as a self-expanding process or "value in motion," and an analysis of pre-capitalist economic forms. It contains the well-known "Fragment on Machines," in which Marx analyses the effects of automation, foreseeing a point where social knowledge becomes a direct productive force, a concept he termed the "general intellect." The work also outlines the dialectical method Marx considered "scientifically correct," which proceeds from simple abstract categories to an understanding of the concrete world as a "rich totality of many determinations and relations."

Dialectical materialism is a materialist theory based upon the writings of Karl Marx and Friedrich Engels that has found widespread applications in a variety of philosophical disciplines ranging from philosophy of history to philosophy of science. As a materialist philosophy, Marxist dialectics emphasizes the importance of real-world conditions and the presence of contradictions within and among social relations, such as social class, labour economics, and socioeconomic interactions. Within Marxism, a contradiction is a relationship in which two forces oppose each other, leading to mutual development.

The first law of dialectics is about “the unity and conflict of opposites”. It explains that all things are made up of opposing forces, not purely "good" nor purely "bad", but that everything contains internal contradictions at varying levels of aspects we might call "good" or "bad", depending on the conditions and perspective. An example of this unity and conflict is the negative and positive particles that make up atoms.

Critique is a method of disciplined, systematic study of a written or oral discourse. Although critique is frequently understood as fault finding and negative judgment, it can also involve merit recognition, and in the philosophical tradition it also means a methodical practice of doubt. The contemporary sense of critique has been largely influenced by the Enlightenment critique of prejudice and authority, which championed the emancipation and autonomy from religious and political authorities.

The term critique derives, via French, from the Greek word κριτική (kritikē), meaning "the faculty of judging", that is, discerning the value of persons or things. Critique is also known as major logic, as opposed to minor logic or dialectics.

The Organon (Ancient Greek: Ὄργανον, meaning "instrument, tool, organ") is the standard collection of Aristotle's six works on logical analysis and dialectic.

Jewish philosophy (Hebrew: פילוסופיה יהודית) includes all philosophy carried out by Jews or in relation to the religion of Judaism. Until the modern Haskalah (Jewish Enlightenment) and Jewish emancipation, Jewish philosophy was preoccupied with attempts to reconcile coherent new ideas into the tradition of Rabbinic Judaism, thus organizing emergent ideas that are not necessarily Jewish into a uniquely Jewish scholastic framework and worldview. With their admission into broader modern society, Jews with secular educations embraced or developed entirely new philosophies to meet the world's demands in which they now found themselves.

Medieval rediscovery of ancient Greek philosophy among the Geonim of 10th-century Babylonian academies brought rationalist philosophy into Biblical-Talmudic Judaism. During the Geonic period, philosophy was generally in competition with Kabbalah. Both schools would become part of classic Rabbinic literature, though the decline of scholastic rationalism coincided with historical events that drew Jews to the Kabbalistic approach. For the Ashkenazi Jews of Western Europe, emancipation and encounters with secular thought from the 18th century onwards altered how philosophy was viewed. Ashkenazi Jews in Eastern Europe and Sephardi communities had comparatively later, more ambivalent interactions with secular cultures than those of Western Europe. In the varied responses to modernity, Jewish philosophical ideas were developed across a range of emerging religious movements. These developments could be seen as either the continuation of or breaks from the canon of Rabbinic philosophy of the Middle Ages and the other historical dialectic aspects of Jewish thought, resulting in diverse contemporary Jewish attitudes to philosophical methods.

Relational dialectics is an interpersonal communication theory about close personal ties and relationships that highlights the tensions, struggles, and interplay between contrary tendencies. The theory, proposed by Leslie Baxter and Barbara Montgomery in 1988, defines communication patterns between relationship partners as the result of endemic dialectical tensions. Dialectics are described as the tensions an individual feels when experiencing paradoxical desires that we need and/ or want.

The theory contains four assumptions: relationships are not unidimensional; change is a key element in life; tension is everlasting; communication is essential to work through conflicted feelings. Relational communication theories allow for opposing views or forces to come together in a reasonable way. When making decisions, desires and viewpoints that often contradict one another are mentioned and lead to dialectical tensions. Leslie A. Baxter and Barbara M. Montgomery exemplify these contradictory statements that arise from individuals experience dialectal tensions using common proverbs such as "opposites attract", but "birds of a feather flock together"; as well as, "two's company; three's a crowd" but "the more the merrier". This does not mean these opposing tensions are fundamentally troublesome for the relationship; on the contrary, they simply bring forward a discussion of the connection between two parties.