Van Eemeren and Houtlosser observe that Walton’s (and Walton and Krabbe’s) notion of ‘dialogue type’ involves a mixture of an empirical notion on a par with a speech event or activity type and a normative notion such as the model of a critical discussion. Then they discuss Walton’s contextual analysis of fallacies as illegitimate dialectical shifts of dialogue types and offer an alternative in which both the empirical and the normative dimension are given their due.