Visual as Multi-Modal Argumentation in Law

Abstract

Although the legal context is a formalized framework, in judicial proceedings there is also room for multi-modal argumentation. To the traditional logical mode, multi-modal argumentation theory has added three additional modes (the so-called “alternate” modes: visceral, kisceral, and emotional). They complement the logical mode in unclear legal cases, those with vague and ambiguous premises (both legal and factual). What is discussed here is visual argumentation as part of the visceral mode. Visual arguments can be appropriate in legal argumentation as evidence used to determine the lower premise. However, “thick” visuals invite alternate arguments to be applied in legal argumentation. This “invitation” is not exactly the same as with “thick” verbal texts because what is at issue are different semiotic resources.

Analyzing Legal Argumentation: What Theoretical Model Is the Most Comprehensive?

“…40 M. Novak suggests adding to a "skeleton" of deductive argument in the legal context the arguments of systemic, linguistic, historical, or similar character to additionally explain the legal premise, and evidence to help establish the factual premise. 41 Types of arguments is one more important issue for legal argumentation research. Generally, the most important for legal argumentation is diversification of factual and legal arguments.…”