Background This article describes the issues encountered when designing a study to evaluate recruitment of minority ethnic groups into clinical cancer research in order to monitor adherence to the principles for good practice set out in the Department of Health, Research Governance Framework, England. Methods (i) A review of routine data sources to determine whether their usefulness as a source of data on prevalence of cancer in the population by ethnic category. (ii) A local case study at one hospital trust (...) to ascertain whether the ethnicity of cancer trial participants was representative of admitted cancer patients. Results (i) The lack of a comparator population makes it problematic to assess recruitment levels by ethnic group in clinical research. (ii) The odds of being in a trial were 30% lower for a member of a minority ethnic group compared to a white cancer patient after adjusting for disease, age and gender, OR 0.70 (0.53 to 0.94). These results differed for each ethnic group; Asian patients did not appear under-represented while Black and Chinese did so. However, there are important caveats to the findings based on the limited recording of ethnicity. Conclusions The lack of available data on the ethnicity of participants in clinical research and the prevalence of cancer in the population according to ethnicity makes it difficult to design a study to monitor representation of minority ethnic groups. This information is necessary to assess adherence to the Research Governance Framework principle that research evidence reflects the diversity of the population. (shrink)

This article examines the development of Russell's treatment of propositions, in relation to the topic of psychologism. In the first section, we outline the concept of psychologism, and show how it can arise in relation to theories of the nature of propositions. Following this, we note the anti-psychologistic elements of Russell's thought dating back to his idealist roots. From there, we sketch the development of Russell's theory of the proposition through a number of its key transitions. We show that Russell, (...) in responding to a variety of different problems relating to the proposition, chose to resolve these problems in ways that continually made concessions to psychologism. (shrink)

This paper considers the question of whether Mill's account of the nature and justificatory foundations of deductive logic is psychologistic. Logical psychologism asserts the dependency of logic on psychology. Frequently, this dependency arises as a result of a metaphysical thesis asserting the psychological nature of the subject matter of logic. A study of Mill's System of Logic and his Examination reveals that Mill held an equivocal view of the subject matter of logic, sometimes treating it as a set of psychological (...) processes and at other times as the objects of those processes. The consequences of each of these views upon the justificatory foundations of logic are explored. The paper concludes that, despite his providing logic with a prescriptive function, and despite his avoidance of conceptualism, Mill's theory fails to provide deductive logic with a justificatory foundation that is independent of psychology. (shrink)

Boethius's Consolation of Philosophy, written in Latin around 525 A.D., was to become one of the most influential literary texts of the Middle Ages. The Old English prose translation and adaptation which was produced around 900 and claims to be by King Alfred was one of the earliest signs of its importance and use, and the subsequent rewriting of parts as verse show an interest in rivalling the literary shape of the Latin original. The many changes and additions have much (...) to tell us about Anglo-Saxon interests and scholarship in the Alfredian period. This new edition is the first to present the second prose-and-verse version of the Old English text, and allows it to be read alongside the original prose version, for which this is the first edition for over a century, and the introduction and commentary reveal much about the history of the text and its composition. The edition contains critical texts of both versions; a translation; a full introduction examining the manuscripts, the composition of the prose text and of the subsequent verse, the language, the authorship and date of the two versions, the relationship to other texts of the period and later uses of it, and the nature and purpose of the work; a detailed commentary exploring the relationship to the Latin text and to the early medieval commentary tradition; textual notes; and a glossary. (shrink)

This paper examines the views of Fogelin, Woods, Johnstone, etc., concerning deep disa-greements, force-five standoffs, philosophical controversies, etc. My approach is to reconstruct their views and critiques of them as meta-arguments, and to elaborate the meta-argumentative aspects of radical disa-greements. It turns out that deep disagreements are resolvable to a greater degree than usually thought, but only by using special principles and practices, such as meta-argumentation, ad hominem argumentation, Ramsey’s principle, etc.

Different approaches analyze the strength of a natural language argument in different ways. This paper contrasts the dialectical, structural, probabilistic (or Bayesian), computational, and empirical approaches by exemplarily applying them to a single argumentative text (Epicureans on Squandering Life; Aikin & Talisse, 2019). Rather than pitching these approaches against one another, our main goal is to show the room for fruitful interaction. Our focus is on a dialectical analysis of the squandering argument as an argumentative response that voids an interlocutor’s (...) right to assertion. This analysis addresses the pragmatic dimensions of arguing and implies an argument structure that is consistent with empirical evidence of perceived argument strength. Results show that the squandering argument can be evaluated as a (non-fallacious) ad hominem argument, which however is not necessarily stronger than possible arguments attacking it. (shrink)

Analogical reasoning projects a property taken to hold of something or things (the source) to something else (the target) on the basis of just those similarities premised in the analogy. Standard similarity-based accounts of analogical reasoning face the question: Under what conditions does a collection of similarities sufficiently warrant analogical projection? One answer is: When a thing’s having the premised similarities somehow determines its having the projected property. Standardly, this answer has been interpreted as claiming that a formally defined determination (...) relation exists between the variables of which the determining properties are values and the variable of which the determined property is a value. This paper supplies another answer: Analogical projection is warranted when an item’s having the projected property is grounded in its having the premised similarities. Drawing on the metaphysics of grounding, we propose a model of grounded analogy on which analogical reasoning is valid under metaphysical necessity. Our model thus provides one answer to John Stuart Mill’s question of how analogical reasoning based on limited information about a single source case can provide an indefeasible justification for analogical projection. Once a relation of total grounding is ascertained to hold between some similarities and the projected property, no other properties bear on the projectability of the projected property from the source to the target. (shrink)

Adversariality in argumentation is typically theorized as inhering in, and applying to, the interactional roles of proponent and opponent that arguers occupy. This paper considers the kinds of adversariality located in the conversational roles arguers perform while arguing—specifically listening. It begins by contending that the maximally adversarial arguer is an arguer who refuses to listen to reason by refusing to listen to another’s reasons. It proceeds to consider a list of lousy listeners in order to illustrate the variety of ways (...) that the conversational role of listener can be performed adversarially. Because conversational roles, while not adversarial by nature, can be enacted adversarially, arguers are properly subject to praise and blame for their performances of these roles. Thus, the paper concludes, argumentation theory stands in need of an articulated normative vocabulary and theory to codify, apply, explain, and justify the norms of listening governing, guiding, and appraising arguers’ performances of listening in argumentation. (shrink)

This paper offers a probabilistic treatment of the conditions for argument cogency as endorsed in informal logic: acceptability, relevance, and sufficiency. Treating a natural language argument as a reason-claim-complex, our analysis identifies content features of defeasible argument on which the RSA conditions depend, namely: change in the commitment to the reason, the reason’s sensitivity and selectivity to the claim, one’s prior commitment to the claim, and the contextually determined thresholds of acceptability for reasons and for claims. Results contrast with, and (...) may indeed serve to correct, the informal understanding and applications of the RSA criteria concerning their conceptual dependence, their function as update-thresholds, and their status as obligatory rather than permissive norms, but also show how these formal and informal normative approachs can in fact align. (shrink)

In “The logic of deep disagreements” (Informal Logic, 1985), Robert Fogelin claimed that there is a kind of disagreement – deep disagreement – which is, by its very nature, impervious to rational resolution. He further claimed that these two views are attributable to Wittgenstein. Following an exposition and discussion of that claim, we review and draw some lessons from existing responses in the literature to Fogelin’s claims. In the final two sections (6 and 7) we explore the role reason can, (...) and sometimes does, play in the resolution of deep disagreements. In doing this we discuss a series of cases, mainly drawn from Wittgenstein, which we take to illustrate the resolution of deep disagreements through the use of what we call “rational persuasion.” We conclude that, while the role of argumentation in “normal” versus “deep” disagreements is characteristically different, it plays a crucial role in the resolution of both. (shrink)

Drawing from a long history of feminist writing grounded in personal reflection and informal dialogue between feminist thinkers, Cobb and Godden-Rasul present an email-based conversation with Jess Lishak, the outgoing Women’s Officer at the University of Manchester Students’ Union. The conversation draws on Cobb and Godden-Rasul’s experience as feminist academics engaged in critical institutional practice through such initiatives as editing the Inherently Human blog, organising the Inspirational Women of Law exhibition, and participating in university working groups on campus-based (...) harassment and violence. In asking Lishak to reflect on her journey to feminism and her experiences of activism, the conversation ranges over such issues as personal influences and experiences, strategies for securing institutional support, encouraging student engagement with feminism, and campaigning tactics. The conversation developed out of a “Campus Feminisms” event in March 2016, which explored the rise of exciting new grassroots single-issue campaigns and political mobilisations by students in higher education, and was organised by Cobb and Godden-Rasul at Newcastle University, UK. Undergraduate and postgraduate students shared their personal struggles and achievements in bringing feminist ideas and campaigns to their university campuses. Lucy Morgan, the Gender Equality Officer at Newcastle University Students’ Union, offered inspiring reflections on her efforts to reinvigorate the ‘F’ word, in the face of simultaneous student apathy and backlash. Many of these campus-based mobilisations have demanded better institutional responses to sexual violence against women. At around the same time, Cobb was beginning a new role as the co-chair of the University of Manchester’s first Task & Finish Group on Sexual Violence and Harassment on Campus. This followed Universities UK’s decision to create a taskforce to consider options for improving institutional responses to student safety. In the process, Cobb crossed paths with Lishak, who had been appointed a member of the UUK Taskforce in light of her path-breaking students’ union work addressing violence against women. Since Lishak was an exemplar of this new feminist wave in higher education, one that was still inadequately understood by feminist academics despite often working side-by-side within the same institutions, the authors embarked on this conversation in order to better understand the relationship between academic and student feminist activism on campus. As Lishak makes clear in her own reflections, there is nothing inevitable about the synergies between these movements, but there is potentially a great deal that could be achieved through their closer engagement. (shrink)

Our meta-argumentative vocabulary supplies the conceptual tools used to reflectively analyse, regulate, and evaluate our argumentative performances. Yet, this vocabulary is susceptible to misunderstanding and abuse in ways that make possible new discursive mistakes and pathologies. Thus, our efforts to self-regulate our reason-transacting practices by articulating their norms makes possible new ways to violate and flout those very norms. Scott Aikin identifies the structural possibility of this vicious feedback loop as the Owl of Minerva Problem. In the spirit of a (...) shared concern for the flourishing or our rational, argumentative practices, this paper approaches the Owl of Minerva Problem from a vantage point that, by comparison with Aikin’s, affords perspectives that are more pessimistic in some aspects and more optimistic in others. Pessimistically, the problem at the root of the weaponization of our meta-argumentative vocabulary is motivational, not structural. Its motivational nature explains its resistance to the normal repertoire of reparative argumentative maneuvers, as well as revealing a profound and deeply entrenched misunderstanding of the connection between our reasons-transacting practices and the goods achievable within them. Optimistically, in the absence of this motivational problem, the misunderstandings and errors made possible by our meta-argumentative vocabularies are amenable to remedy by familiar techniques of discursive instruction and repair. More optimistically, even though our meta-argumentative vocabularies are generated only retrospectively, they can be used prospectively, thereby making possible an aspirational motivation resulting in a virtuous cycle of increasingly autonomous normative self-regulation. Properly harnessed, the Owl of Minerva releases the Lark of Arete. (shrink)

Deductivism has been variously presented as an evaluative thesis and as an interpretive one. I argue that deductivism fails as a universal evaluative thesis, and as such that its value as an interpretive thesis must be supported on other grounds. As a reconstructive strategy, deductivism is justified only on the grounds that an arguer is, or ought to be, aiming at the deductive standard of evidence. As such, the reconstruction of an argument as deductive must be supported by contextual and (...) situational factors including facts about the arguer. Further, the plausibility of deductivism as a normative thesis is not tied to its plausibility as a descriptive or interpretive thesis. (shrink)

Disputational models of argumentation have been criticized as introducing adversariality into argumentation by mistakenly conceiving of it as minimally adversarial, and, in doing so, structurally incentivizing ancillary adversariality. As an alternative, non-adversarial models of argumentation like inquiry have been recommended. In this article I defend disputational, minimally adversarial models of disagreement-based argumentation. First, I argue that the normative kernel of minimal adversariality is properly located in the normative fabric of disagreement, not our practices of disputation. Thus, argumentation’s minimal adversariality is (...) a hereditary, rather than an acquired, trait. Second, I show how attempts to model disagreement-based argumentation non-adversarially, as co-inquiry, misrepresent the normative commitments of disagreers. Indeed, such attempts backfire in their efforts to make argumentation less adversarial, by removing the normative, discursive mechanisms by which we may hold each other to rational account for our commitments. Finally, I show how regulative models of disputation, like the Pragma-Dialectical critical discussion, are designed to minimize ancillary adversariality thereby preventing its escalation. (shrink)

Working within the broad lines of general consensus that mark out the core features of John Stuart Mill’s (1806–1873) logic, as set forth in his A System of Logic (1843–1872), this chapter provides an introduction to Mill’s logical theory by reviewing his position on the relationship between induction and deduction, and the role of general premises and principles in reasoning. Locating induction, understood as a kind of analogical reasoning from particulars to particulars, as the basic form of inference that is (...) both free-standing and the sole load-bearing structure in Mill’s logic, the foundations of Mill’s logical system are briefly inspected. Several naturalistic features are identified, including its subject matter, human reasoning, its empiricism, which requires that only particular, experiential claims can function as basic reasons, and its ultimate foundations in ‘spontaneous’ inference. The chapter concludes by comparing Mill’s naturalized logic to Russell’s (1907) regressive method for identifying the premises of mathematics. (shrink)

A problem for dialogue models of argumentation is to specify a set of conditions under which an opponent’s claims, offered in support of a standpoint under dispute, ought to be challenged. This project is related to the issue of providing a set of acceptability conditions for claims made in a dialogue. In this paper, we consider the conditions of suspicion and trust articulated by Jacobs (Alta, 2003), arguing that neither are acceptable as general conditions for challenge. We propose a third (...) condition that attempts to mark a middle ground between suspicion and trust. (shrink)

This paper examines the adequacy of commitment change, as a measure of the successful resolution of a difference of opinion. I argue that differences of opinion are only effectively resolved if commitments undertaken in argumentation survive beyond its conclusion and go on to govern an arguer’s actions in everyday life, e.g., by serving as premises in her practical reasoning. Yet this occurs, I maintain, only when an arguer’s beliefs are changed, not merely her commitments.

This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to (...) Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and develop an account of the relationship between critical questions and burden of proof. Our ultimate aim is to initiate a reconciliation between dialectical and informal logic approaches to the schemes. (shrink)

This chapter situates Mill’s System of Logic (1843/1872) in the context of some of the meta-logical themes and disputes characteristic of the 19th century as well as Mill’s empiricism. Particularly, by placing the Logic in relation to Whately’s (1827) Elements of Logic and Mill’s response to the “great paradox” of the informativeness of syllogistic reasoning, the chapter explores the development of Mill’s views on the foundation, function, and the relation between ratiocination and induction. It provides a survey of the Mill-Whewell (...) debate on the nature of induction, Mill’s account of putatively a priori disciplines such as the science of number, and Frege’s criticisms of the Logic as psychologistic. (shrink)

Robert Fogelin argued that the efficacy of our acts of reasons-giving depends on the normalcy of our discourse—to the extent that discourse is not normal disagreements occurring in it are deep; and to the extent that disagreements are deep, they are not susceptible to rational resolution. Against this, Maurice Finocchiaro argues that meta-argumentation can contribute to the rational resolution of disagreements having depth. Drawing upon a competency view of reasons-giving, this article conducts an inventory and audit of meta-argumentation’s resolution resources (...) for disagreements having depth. It concludes that, because Finocchiaro mischaracterizes the relationship between meta-argumentation and normalcy in the underlying discourse, he systematically overstates the rational resolution value of meta-argumentation. To the extent that meta-argumentation can contribute to the rational resolution of disagreements, those disagreements are normal, not deep. According to the competency view, the only way to resolve depth in disagreement is to first re-establish its normalcy. (shrink)

Typically, common knowledge is taken as grounds for the acceptability of a claim, while appeals to popularity are seen as fallacious attempts to support a claim. This paper poses the question of whether there is any categorical difference between appeals to common knowledge and appeals to popular opinion as argumentative moves. In answering this question, I argue that appeals to common knowledge do not, on their own, provide adequate grounds for a claim’s acceptability.

Jan Albert van Laar and Erik Krabbe’s paper “Splitting a difference of opinion” studies an important type of dialogue shift, namely that from a deliberation dialogue over action or policy options where critical and persuasive argumentation is exchanged about the rational acceptability of the policy options proposed by various parties, to a negotiation dialogue where agreement is reached by a series of compromises, or trade-offs, on the part of each side in the disagreement.

This paper responds to Kauffeld’s 2009 OSSA paper, considering the adequacy of his “commitment-based” approach to “ordinary presumptive practices” to sup-ply an account of presumption fit for general application in normative theories of argument. The central issue here is whether socially-grounded presumptions are defeasible in the right sorts of ways so as to pro-duce “truth-tropic” presumptive inferences.

During the academic year 1912–13, Mark Hovell studied and taught at Professor Karl Lamprecht’s Institut für Kultur- und Universalgeschichte in Leipzig. During his time there, Hovell wrote regularly to his fiancée, Fanny Gately, and to his mentor, Professor Thomas Tout. This article focuses on several of Hovell’s letters held at the John Rylands Library, presenting his thoughts and observations on aspects of social, political and academic life in Germany shortly before the outbreak of the First World War.

Toulmin’s DWC model recognizes a plurality of argument cultures through the thesis of field dependency: that the normative features of arguments vary from one field to the next. Yet, little consensus exists concerning the nature and foundations of argument fields. This paper explores the question of whether Toulminian fields have any useful role to play in the epistemic evaluation of arguments.

Corroborative evidence can have a dual function in argument whereby not only does it have a primary function of providing direct evidence supporting the main conclusion, but it also has a secondary, bolstering function which increases the probative value of some other piece of evidence in the argument. It has been argued (Redmayne, 2000) that this double function gives rise to the fallacy of double counting whereby the probative weight of evidence is overvalued by counting it twice. Walton has proposed (...) several models of corroborative evidence, each of which seems to accept the fallaciousness of double counting thereby seeming to deny the dual function of corroborative evidence. Against this view, I argue that the bolstering effect is legitimate, and can be explained by recourse to inference to the best explanation. (shrink)

Working within the broad lines of general consensus that mark out the core features of Mill's System of Logic (1843–72), this chapter provides an introduction to Mill's logical theory by reviewing his position on the relationship between induction and deduction, and the role of general premises and principles in reasoning. Locating induction, understood as a kind of analogical reasoning from particulars to particulars, as the basic form of inference that is both free‐standing and the sole load‐bearing structure in Mill's logic, (...) the foundations of Mill's logical system are briefly inspected. Several naturalistic features are identified, including its subject matter, human reasoning, its empiricism, which requires that only particular claims can function as basic reasons, and its ultimate foundations in ‘spontaneous’ inference. The chapter concludes by relating Mill's naturalistic approach to logic to Russell's (1907) regressive method for identifying the premises of mathematics. (shrink)

One of the central tasks of a theory of argumentation is to supply a theory of appraisal: a set of standards and norms according to which argumentation, and the reasoning involved in it, is properly evaluated. In their most general form, these can be understood as rational norms, where the core idea of rationality is that we rightly respond to reasons by according the credence we attach to our doxastic and conversational commitments with the probative strength of the reasons we (...) have for them. Certain kinds of rational failings are so because they are manifestly illogical – for example, maintaining overtly contradictory commitments, violating deductive closure by refusing to accept the logical consequences of one’s present commitments, or failing to track basing relations by not updating one’s commitments in view of new, defeating information. Yet, according to the internal and empirical critiques, logic and probability theory fail to supply a fit set of norms for human reasoning and argument. Particularly, theories of bounded rationality have put pressure on argumentation theory to lower the normative standards of rationality for reasoners and arguers on the grounds that we are bounded, finite, and fallible agents incapable of meeting idealized standards. This paper explores the idea that argumentation, as a set of practices, together with the procedures and technologies of argumentation theory, is able to extend cognition such that we are better able to meet these idealized logical standards, thereby extending our responsibilities to adhere to idealized rational norms. (shrink)

On Gilbert’s multi-modal theory of argumentation, the “logical” is but one among many modes of argument, including the emotional, the visceral (physical), and the kisceral (intuitive). Yet, I argue that, properly understood, the logical is not one mode among many. Rather, it is better understood as the _uber-mode_ of argument. What Gilbert calls the “logical mode” of argument—a linear, orderly, highly verbalizable, way of arguing—is made possible only to the extent that the logic of some space of reasons has been (...) articulated. The “anti-logical” penchant of multi-modal argumentation is not found at the object-level—in its countenancing “non-logical” modes of argument, but at the meta-level—in its resistance, as a mistaken embracing of the “logical” mode, to using the logics governing the different modes to self-regulate the course of our arguings. (shrink)

On Gilbert’s multi-modal theory of argumentation, the “logical” is but one among many modes of argument, including the emotional, the visceral (physical), and the kisceral (intuitive). Yet, I argue that, properly understood, the logical is not one mode among many. Rather, it is better understood as the _uber-mode_ of argument. What Gilbert calls the “logical mode” of argument—a linear, orderly, highly verbalizable, way of arguing—is made possible only to the extent that the logic of some space of reasons has been (...) articulated. The “anti-logical” penchant of multi-modal argumentation is not found at the object-level—in its countenancing “non-logical” modes of argument, but at the meta-level—in its resistance, as a mistaken embracing of the “logical” mode, to using the logics governing the different modes to self-regulate the course of our arguings. (shrink)

On Gilbert’s multi-modal theory of argumentation, the “logical” is but one among many modes of argument, including the emotional, the visceral (physical), and the kisceral (intuitive). Yet, I argue that, properly understood, the logical is not one mode among many. Rather, it is better understood as the _uber-mode_ of argument. What Gilbert calls the “logical mode” of argument—a linear, orderly, highly verbalizable, way of arguing—is made possible only to the extent that the logic of some space of reasons has been (...) articulated. The “anti-logical” penchant of multi-modal argumentation is not found at the object-level—in its countenancing “non-logical” modes of argument, but at the meta-level—in its resistance, as a mistaken embracing of the “logical” mode, to using the logics governing the different modes to self-regulate the course of our arguings. (shrink)

ABSTRACTThis article argues that Quine's holistic and naturalized semantics provides an inadequate account of the foundations of logical expressions and misrepresents the internal structure of theories. By considering a Quinean model of theoretical revision, I identify the status and foundation holism provides to the propositions of logic. I contend that a central tenet of Quinean holism—the Revisability Doctrine—cannot be held consistently, and that the inconsistencies surrounding it mark a series of pervasive errors within naturalized holism. In response, I propose that (...) semantic theories must reflect the different linguistic functions of different types of expressions and the specific relationships that individual concepts within a theory or language have to one another. (shrink)

During the academic year 1912–13, Mark Hovell studied and taught at Professor Karl Lamprecht’s Institut für Kultur- und Universalgeschichte in Leipzig. During his time there, Hovell wrote regularly to his fiancée, Fanny Gately, and to his mentor, Professor Thomas Tout. This article focuses on several of Hovell’s letters held at the John Rylands Library, presenting his thoughts and observations on aspects of social, political and academic life in Germany shortly before the outbreak of the First World War.

This lecture presents the text of the speech about the Alfredian project and its aftermath delivered by the author at the 2008 Sir Israel Gollancz Memorial Lecture held at the British Academy. It explains the details of King Alfred's programme of mass education and to deliver near-universal literacy in English, and evaluates the impact of Pastoral Care on English literature.

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

The standard account of denying the antecedent (DA) is that it is a deductively invalid form of argument, and that, in a conditional argument, to argue from the falsity of the antecedent to the falsity of the consequent is always fallacious. In this paper, we argue that DA is not always a fallacious argumentative strategy. Instead, there is a legitimate usage of DA according to which it is a defeasible argument against the acceptability of a claim. The dialectical effect of (...) denying the antecedent is to shift the burden of proof back to the original proponent of a claim. We provide a model of this non-fallacious usage which is built upon pragmatic models of argumentation. (shrink)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

In this chapter, we explore the development and importance of the connection between argumentation and artificial intelligence. Specifically, we show that the influence of argumentation on AI has occurred within a framework that is consistent with the basic approach of Pragma-Dialectics. While the pragma-dialectical approach is typically conceived of as applying primarily to argumentation occurring between human agents, we show that the basic features of this approach can consistently be applied in a virtual context, whereby the goal-directed activities of, and (...) exchanges of information between, artificial agents are regulated by procedural rules. (shrink)

. While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...) a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)