Standing Norms in Argumentation

Normative argumentation theory is a field dedicated to the normative study of argumentation in real-life contexts and to the development of norms meant to guide arguers in the attempt to argue well. Among argumentation theorists, there exist two widespread assumptions. First, the assumption that ideally, arguers ought to explore the reasons relevant to the topic of their interpersonal arguing without constraints. And second, the assumption that the norms of argumentation should be designed to contribute to the realization of this ideal. In this paper, I question those assumptions. I show that argumentative norms meant to realize the ideal of free exploration, freedom-to-explore norms, reliably clash with morally valuable standing norms that protect privacy, autonomy and legitimate authority. When they so clash, they generate epistemic and other morally relevant harms. I argue that normative argumentation theory ought to resolve this problem by acknowledging the potential legitimacy of standing norms even during argumentation. I show how such a change would impact fallacy theory with respect to the ad hominem and poisoning the well fallacies.