The Structure of Arguments from Deontic Authority and How to Successfully Attack Them

Abstract

Despite increasing interest in studying arguments from deontic authority of the general form “(1) \(\delta\) is a deontic authority in institution \(\varOmega\); (2) according to \(\delta\), I should do \(\alpha\), C: therefore, (3) I should do \(\alpha\)”, the state of the art models are not capable of grasping their complexity. The existing sets of critical questions assigned to this argumentation scheme seem to conflate two problems: whether a person is subject to an authority of an institution in the first place and whether the command issued within the context of a particular institution is eventually binding. For this reason, we introduce (1) a set of Basic Critical Questions to scrutinize the former issue, and (2) a set of more detailed questions related to specific features, also referred to as “parameters”, of institutional environments (Intra-Institutional Critical Questions). We identify major elements of institutional environments in which authoritative utterances are made and the crucial parameters of arguments from deontic authority. The selected evidence from the decisions of the Polish Supreme Administrative Court helps us show how these parameters may be used to reconstruct subtypes of this argument scheme, with their associated sets of critical questions. In specific institutional contexts, such detailed schemes are capable of grasping the complexity of appeals to deontic authority and thus should be used rather than general schemes. The reconstruction of argumentation schemes with critical questions shows how particular arguments may successfully be attacked.