This paper builds a nine-step method for determining whether a straw man fallacy has been committed in a given case or not, by starting with some relatively easy textbook cases and moving to more realistic and harder cases. The paper shows how the type of argument associated with the fallacy can be proved to be a fallacy in a normative argumentation model, and then moves on to the practical task of building a hands-on method for applying the model (...) to real examples of argumentation. Insights from linguistic pragmatics are used to distinguish the different pragmatic processes involved in reconstructing what is said and what is meant by an utterance, and to differentiate strong and weak commitments. In particular, the process of interpretation is analyzed in terms of an abductive pattern of reasoning, based on co-textual and contextual information, and assessable through the instruments of argumentation theory. (shrink)

Following a Toulmian account of argument analysis and evaluation, I offer a general unitary schema for, so called, deductive and inductive types of analogical arguments. This schema is able to explain why certain analogical arguments can be said to be deductive, and yet, also defeasible.

Walton's book is a study of several fallacies in informal logic. Focusing on question-answer dialogues, and committed to a pragmatic rather than a semantic approach, he attempts to generate criteria for evaluating good and bad questions and answers. The book contains a discussion of such well-recognized fallacies as many questions, black-or-white questions, loaded questions, circular arguments, question-begging assertions and epithets, ad hominem and tu quoque arguments, ignoratio elenchi, and replying to a question with a question. In addition, Walton develops (...) several artificial dialogue games and has an excellent discussion of burden of proof in nonlegal contexts. The discussion is for the most part nontechnical and does not presuppose any training in formal logic. It is illustrated with many (sometimes overlong) examples of fallacies drawn from real life--mostly debates in the Canadian House of Commons. . . . Walton's book breaks new ground on a number of issues. Choice This first full-length study of logical fallacies, errors, faults, illicit attacks, blunders, and other critical deficiencies in interrogation and reply has been written in the tradition of informal fallacies in logic. It is especially valuable, readable, and interesting because of the 139 case studies it presents, many of these case studies come from political debates and some from interviews, legal cross-examinations, and other sources. Walton uses these challenging examples of tricky, aggressive, argumentative, or fallacious questions to develop coherent and pragmatic guidelines for criticizing questionable questions (and in some cases their replies) on logical grounds. Among the types of problematic questions analyzed are: the traditional so-called fallacy of many questions, illustrated by the famous Have you stopped beating your wife?; black and white questions; terminologically loaded questions; and questions containing personal attacks. These and other types of problematic questions as well as evasive replies and replying to a question with a question are studied. Critical errors of reasoning are identified and analyzed by developing context-based, normative models of reasonable dialogue in which a questioner must have freedom to ask informative and probing questions, and the respondent must be constrained to give reasonably direct, not overly evasive answers. In this era of negative and evasive political campaigning, with candidates employing skillful tactics of manipulating public opinion to assure election rather than taking clear stands and seriously debating issues in an informed and sincere manner, Question-Reply Argumentation is especially relevant reading for those who take democracy seriously. The methods used reflect a significant shift from earlier semantically based theories to current pragmatic, dialogue-based models, and will be of interest to logicians and linguists. The volume's conclusions should challenge some current preconceptions. Recommended reading for courses in logic, speech communications, linguistics, philosophy of language, areas of political science relating to political discourse and debate, courses on questioning in cognitive psychology, and courses on critical thinking in education. (shrink)

This paper defends the normativity of meaning thesis by clearing up a misunderstanding about what the thesis amounts to. The misunderstanding is that according to it, failing to use an expression in accordance with the norms which constitute its meaning amounts to changing the expression’s meaning. If this was what the thesis claimed, then it would indeed be easy to show that meaning norms do not yield prescriptions and cannot be followed. However, there is another reading: what is constitutive of (...) meaning is not the norm’s being followed, but the norm’s being applicable. On this reading, some standard arguments against the thesis lose their force. After discussing the alternative reading and its consequences, the paper goes on to sketch a model of how norms of meaning become applicable in the first place. This model supports the view that talk of meaning has its pragmatic home in contexts of linguistic calibration. (shrink)

Broadly speaking, it seems plausible to say that fear appeals are designed to induce action—to generate persuasive force for addressees to act in order to avoid a fearful outcome (Walton 2000, 1-2, 20, 22, 143; Witte 1994, 113; Witte 1992, 329). Because a fear appeal is a kind of argument about harmful consequences, and because arguments about harmful consequences are commonplace in deliberations, fear appeals are practically inevitable in civic discourse. And, as some scholars have recently confirmed, making fear appeals (...) may be appropriate in civic discourse (Walton 2000, 139; Pfau 2007, 228). The challenge is to explain how they generate persuasive force—how they reasonably pressure addressees to act as the .. (shrink)

This article addresses the ongoing debate between transcendental pragmatics and philosophical hermeneutics. I argue that Apel's version of linguistic transcendentalism is to be refuted, if one succeeds in demonstrating that the normative conditions of intersubjective validity of the argumentative discourse are `derivable' from the fore-structure of the discursive-practical medium of communication. Loci for specifically hermeneutical investigations of this fore-structure include the proto-normativity of the discursive practices, the effective-historical openness of the medium of communication, and the interplay between argumentative (...) discourse and medium. (shrink)

This book offers a new theory of begging the question as an informal fallacy, within a pragmatic framework of reasoned dialogue as a normative theory of critical argumentation. The fallacy of begging the question is analyzed as a systematic tactic to evade fulfillment of a legitimate burden of proof by the proponent of an argument. The technique uses a circular structure of argument to block the further progress of dialogue and, in particular, the capability of the respondent (...) to ask legitimate critical questions in reply to the argument. Walton analyzes the concept of burden of proof in argument, and provides chapters on the use of argument diagramming as a technique of argument reconstruction. This powerful method of argument analysis developed therein is then applied to more than 100 case studies of circular argumentation where the charge of begging the question is or has been thought to be an appropriate criticism. Throughout this work, Walton throws light on the relationship between the problem of circular reasoning and broader issues in the critical analysis of argumentation. Ground-breaking use is made of the pragmatic theory of argument as interactive dialogue. Rules for several kinds of dialogue framework provide standards of good reasoning to validate or to refute the criticism that a particular argument begs the question. This book is directed to students and professionals in the fields of speech communication, philosophy, linguistics, logic, dispute mediation, and education. (shrink)

In this book two of the leading figures in argumentation theory present a view of argumentation as a means of resolving differences of opinion by testing the acceptability of the disputed positions. Their model of a 'critical discussion' serves as a theoretical tool for analysing, evaluating and producing argumentative discourse. They develop a method for the reconstruction of argumentative discourse that takes into account all aspects that are relevant to a critical assessment. They also propose a practical code (...) of behaviour for discussants who want to resolve their differences in a reasonable way. This is a major contribution to the study of argumentation and will be of particular value to professionals and graduate students in speech communication, informal logic, rhetoric, critical thinking, linguistics, and philosophy. (shrink)

This paper investigates the relationship between generic statements and the expression, transmission and persistence of social norms. The author presents the concept of normativity and its importance in the decision-making process in the context of social reality and social norms that comprise it (Bicchieri, 2006, 2016; Bicchieri et al., 2018). The paper analyses the idea of “what is normal” (Haslanger, 2014) to show how social norms are triggered by particular generic constructions relating to “social kinds”, represented by noun phrases denoting (...) “dual character concepts” (Knobe et al., 2013; Prasada et al., 2013; Leslie, 2015). DCCs are shown as effectively serving their persuasive and explanatory function due to their polysemous nature (Leslie, 2015) rather than to different pragmatics (Leslie, forthcoming). Special focus is placed on gender terms as particularly salient social kinds; this salience can be explained by a culturally pivotal role of social constructs of manhood and womanhood and by linguistic potential of generics in the development of social beliefs and legitimizing norm-driven behaviours. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of (...) the constitution is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

This paper is intended to draw the main theoretical lines of the notion of value, in order to avoid some flaws in the quantitative surveys on values as well as in some qualitative studies of value judgements. Through a number of redefinitions based on a pragmatic approach, inspired not only by Dewey’s concept of ‘valuation’ but also by the new French pragmatic sociology and by the pragmatist trend in linguistics, it tries to specify the conditions under which sociology (...) can address the notion of ‘value’ while avoiding their reduction to scholarly supports for morals or normative guides for action and evaluation. Meanwhile, it tries to construct a unified concept of value that would work for all the concerned disciplines: not only sociology but also economics, psychology, anthropology, and even philosophy. (shrink)

Following and extending Searle’s speech act theory, both Pragma-Dialectics and the Linguistic Normative Model of Argumentation characterize argumentation as an illocutionary act. In these models, the successful performance of an illocutionary act of arguing depends on the securing of uptake, an illocutionary effect that, according to the Searlean account, characterizes the successful performance of any illocutionary act. However, in my view, there is another kind of illocutionary effect involved in the successful performance of an illocutionary (...) act of arguing, which affects both the speaker’s and the hearer’s set of rights, obligations, and entitlements. In order to give an account of this second type of effect, I will argue that it is necessary to distinguish two levels in the analysis of the illocutionary act of arguing. The first one is related to the illocutionary effect of securing of uptake and thus to the speech act performed by the speaker, while the second one allows us to account for the changes produced by the performance of the illocutionary act of arguing in the deontic modal competence of both the speaker and the hearer. (shrink)

Each of the three essays constituting the dissertation's body explores a theoretical approach to conceptual content, as well as to particular kinds of concepts. A concluding chapter defends a distinction between two varieties of intentionality. ;Chapter 1 identifies a distinctive model of intentionality in Locke's discussion of our "ideas of the sorts of substances." Properly understood, his doctrine of the "inadequacy" of substance-ideas reveals that the sort represented by such an idea isn't settled by the idea's descriptive content. The key (...) to his compromise between classificatory conventionalism and essentialism is an injunction to "rectify" each substance-idea, one that reflects a norm governing natural-historical inquiry. Interestingly, Locke regards the resulting picture of the natural kinds represented by substance-ideas as compatible with his descriptivist account of how the extensions of substance-names are fixed. ;Chapter 2 examines Gupta and Belnap's theory of "circular concepts," which likewise appeals to a semantic "revision rule." Besides promising to explain semantic paradox when applied to the concept of truth, their theory significantly liberalizes the framework of truth conditional semantics. I criticize the rationale behind that liberalization by investigating the significance attributed to the revision rule, and propose invoking pragmatic ideas to do justice to some of the theory's motivating intuitions. ;Chapter 3 first argues that Brandom's appeal to normatively characterized linguistic practice subserves two approaches to content: one expressivist and the other reductionist. The criterion of adequacy motivating his "inferentialist" reduction of contentfulness, I then argue, is one he should dismiss in view of his deflationism about truth. Moreover, Brandom fails to vindicate the priority of attributions of inferential norms over attributions of propositional content. This criticism doesn't affect the expressivist elucidation of intentional concepts resulting from Brandom's normative-pragmatic description of assertional practice. ;My conclusion draws on this elucidation to defend a distinction prefigured in my construal of Locke as divorcing the aboutness of substance-ideas from assessments of truth. I argue that we should distinguish between a "representational" kind of intentionality whose attribution subserves explanations of successful inductive and explanatory practices, and a "semantic" kind whose attribution makes explicit normative features of the essentially communicative practice of assertion. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Bringing together scholars from a broad range of theoretical perspectives, The Language of Argumentation offers a unique overview of research at the crossroads of linguistics and theories of argumentation. In addition to theoretical and methodological reflections by leading scholars in their fields, the book contains studies of the relationship between language and argumentation from two different viewpoints. While some chapters take a specific argumentative move as their point of departure and investigate the ways in which it is (...) linguistically manifested in discourse, other chapters start off from a linguistic construction, trying to determine its argumentative function and rhetorical potential. The Language of Argumentation documents the currently prominent research on stylistic aspects of argumentation and illustrates how the study of argumentation benefits from insights from linguistic models, ranging from theoretical pragmatics, politeness theory and metaphor studies to models of discourse coherence and construction grammar. (shrink)

Most dialectical models view argumentation as a process of critically testing a standpoint. Further, they assume that what we critically test can be analytically reduced to individual and bi-polar standpoints. I argue that these two assumptions lead to the dominant view of dialectics as a bi-partisan argumentative discussion in which the yes-side argues against the doubter or the no-side. I scrutinise this binary orientation in understanding argumentation by drawing on the main tenets of normative pragmatic (...) and pragma-dialectical theories of argumentation. I develop my argument by showing how argumentative practice challenges these assumptions. I then lay out theoretical reasons for this challenge. This paves the way for an enhanced conceptualisation of dialectical models and their standards of rationality in terms of multi-party discussions, or argumentative polylogues. (shrink)

Argumentation occurs through and as communicative activity. Communication is organized by pragmatic principles of expression and interpretation. Grice’s theory of conversational implicature provides a model for how people use rational principles to manage the ways in which they reason to representations of arguments, and not just reason from those representations. These principles are systematic biases that make possible reasonable decision-making and intersubjective understandings in the first place; but they also make possible all manner of errors and abuses. Much (...) of what is problematic in argumentation involves the ways in which the pragmatic principles of communication are exploited and the difficulties audiences and interlocutors have detecting and managing these abuses. (shrink)

Saul Kripke’s paradoxical argument in Wittgenstein on Rules and Private Language (1982) has generated an extravagant number of responses. A major debate prompted by this book has focused on the plausibility and role of the supposed normative character of meaning; the argument itself is often taken to rely on the assumption that meaning is irreducibly normative. Following Boghossian (1989), the normativity of meaning has been understood as closely tied to the existence of semantic correctness conditions. After a brief (...) introduction to the background of the debate, this work will focus on whether the normativity of meaning may be better understood as stemming from a different type of correctness, namely linguistic correctness. Linguistic correctness differs from semantic correctness insofar as it is related to conventional, and not truth-functional, meaning. I will begin by clarifying some of the features of linguistic correctness. First, I will outline some reasons why the distinction between linguistic and semantic correctness should be maintained. Then, I will anticipate a possible criticism and argue that linguistic correctness does not belong to the domain of pragmatics, as it is relevant to our understanding of conventional meaning. Finally, I will try to show that linguistic “oughts” are constitutive of meaning. Having established these basic features of linguistic correctness, I will investigate whether the fact that it is constitutive of meaning can vindicate the idea that meaning is robustly, irreducibly normative. By applying arguments from the realm of moral philosophy – within which, too, there have been attempts to show that constitutive facts can give rise to categorical moral norms – I will argue that linguistic correctness cannot give rise to categorical semantic norms. Linguistic correctness may be, nevertheless, a useful tool for explaining some of our intuitions about meaning. (shrink)

I characterize the deductivist ideal of justification and, following to a great extent Toulmin’s work The Uses of Argument, I try to explain why this ideal is erroneous. Then I offer an alternative model of justification capable of making our claims to knowledge about substantial matters sound and reasonable. This model of justification will be based on a conception of justification as the result of good argumentation, and on a model of argumentation which is a pragmatic (...) class='Hi'>linguistic reconstruction of Toulmin’s model of argument. (shrink)

The three research questions of this study have been: what exactly is active ambiguity?; how should we assess active ambiguities in an argumentative discussion?; what does an adequate dialectical account of active ambiguity look like? These three questions have been answered by giving a definition of active ambiguity, and by elaborating on the properties of active ambiguity. Based on the survey of possible consequences of active ambiguities, and based on the basic division of labour in a persuasion dialogue, we arrived (...) at a set of requirements that a normative, procedural account of active ambiguity should satisfy. The model for ambiguity dialectic both provides a detailed account of evaluating active ambiguities, as well as a dialectical account of dealing with alleged active ambiguity. The distinction between constitutive and regulative rules for discussion has made it possible to provide a discussion model in which discussants can raise the issue of active ambiguity, and in which they can argue about the correctness of such points of order. This immanent dialectical approach has lead to a fourfold classification of fallacies: by using an actively ambiguous expression a party either violates a regulative, or a constitutive rule for persuasion dialogue, and if this party violates a rule, he or she either commits a fallacy of ambiguity, and possibly also the more complex fallacy of equivocation. This model for ambiguity dialectic has been shown to be useful for the analysis and evaluation of complex debates and discussions. The present study can be extended in various ways:  A model for critical discussion can be enriched so that it accommodates other regulative rules, such as the rule that requires arguments to be valid. By doing so, other points of order and other fallacy criticisms can be studied from the perspective of a critical metadiscussion.  The results concerning active ambiguity can be applied to other modes of reasoning, such as visual argumentation.  The results can be applied to ambiguity at the level of larger stretches of argumentative discourse. That could lead to a fruitful contribution to the theory of argument structures.  There still is a need for dialectical models that concern the use of usage declaratives different from providing a disambiguation, such as the use of definitions, clarifications of unfamiliar expressions, amplifications, etc., and the question would have to be answered how the rules with respect to active ambiguity would relate to those models.  The model can be enriched by inserting a specific ‘linguistic utterance meaning testing machine’. That would be a major step towards implementing the model in a computer program.  The use of descriptive profiles of dialogue could be improved further. In order to analyse the way parties respond to dialectically complex contributions, we are in need of a dialectical theory that provides the parties with specific rights and obligations for putting forward complex contributions and for responding to complex contributions. (shrink)

Attempts within sociolinguistics to model the African American speech community require a sound account of what a competent participant knows when they give correct interpretations of utterances made within such a community, a phenomenon any larger theory of language use ought to address. To provide this account, I reconstruct a line of argument from the philosophical history of discussions on African American speech communities. I give this history in terms of pragmatic arguments, that is, in terms of the ability (...) of vernacular speakers to manage the "slip" between speaker meaning and conventional meaning so as to effectively communicate, and thus be interpretable to competent auditors. ;In the writings of African American philosophers Alexander Crummell and Alain Locke especially, the general pragmatic strategy is to take the regulative background of speech acts to play a central role in vernacular interpretation, particularly as it relates language use to patterns of interpretation available to a speech community and to communicative aspects of the socialization of members of that community . In terms of meaning, interpretation is seen by Crummell as a function of publicly accessible meaning; he endorses the claim that the content which a word expresses is an idea in the mind of a speaker--what I call the Semantic Identity Thesis. Locke's insight, however, that cognitive meaning and content-bearing linguistic vehicles can be assessed independently provides him with the leverage to treat speaker meaning and symbol meaning as distinct components of a speaker's competence to successfully interpret utterances--what I call the Semantic Distance Thesis. ;Using these accounts to model inferences in communication, I argue that a complete account of interpretation will show how a speaker accesses inferential, conventional and social knowledge. These sorts of knowledge are tied to the prevailing norms emerging from a regulative background for communication within the language use of a speech community. In this way, the slip between conventional meaning and speaker meaning can be understood as structuring the communicative context of vernacular speech, in that social knowledge plays a central role in effective interpretive inference. (shrink)

This paper investigates whether, and if so, in what way, argumentation can be profitably described in speech-act theoretical terms. I suggest that the two theories of argumentation that are supposed to provide the most elaborate analysis of it in speech-act theoretical terms (namely van Eemeren and Rob Grootendorst’s Pragma-Dialectics and Lilian Bermejo-Luque’s linguistic normative model of argumentation) both suffer from the same two flaws: firstly, their “illocutionary act pluralism” assumption and secondly, a lack of interest (...) in where arguing belongs in the classification of illocutionary acts. I argue that these flaws derive from the authors’ reliance on an intention-based speech-theoretical framework. Finally, I adopt a deontic framework for speech acts in order to propose an alternative way of accounting for argumentation which seems to overcome the two limitations outlined above. According to this framework, argumentation may be conceived as a speech act sequence, characterized by the conventional effects brought about by the communicative moves (as illocutionary acts) of which it is composed. (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)

Most dialectical models view argumentation as a process of critically testing a standpoint. Further, they assume that what we critically test can be analytically reduced to individual and bi-polar standpoints. I argue that these two assumptions lead to the dominant view of dialectics as a bi-partisan argumentative discussion in which the yes-side argues against the doubter or the no-side. I scrutinise this binary orientation in understanding argumentation by drawing on the main tenets of normative pragmatic (...) and pragma-dialectical theories of argumentation. I develop my argument by showing how argumentative practice challenges these assumptions. I then lay out theoretical reasons for this challenge. This paves the way for an enhanced conceptualisation of dialectical models and their standards of rationality in terms of multi-party discussions, or argumentative polylogues. (shrink)

Argument invention is a method that can be used to help an arguer find arguments that could be used to prove a claim he needs to defend. The aim of this paper is to show how argumentation systems recently developed in artificial intelligence can be applied to the task of argument invention. One such system called Carneades is featured. Carneades can be used to analyze arguments, evaluate arguments, to make an argument diagram, and to construct arguments from a database. (...) Using some simple examples, the paper explains how Carneades works as a system of argument invention. (shrink)

Argument invention is a method that can be used to help an arguer find arguments that could be used to prove a claim he needs to defend. The aim of this paper is to show how argumentation systems recently developed in artificial intelligence can be applied to the task of argument invention. One such system called Carneades is featured. Carneades can be used to analyze arguments, evaluate arguments, to make an argument diagram, and to construct arguments from a database. (...) Using some simple examples, the paper explains how Carneades works as a system of argument invention. (shrink)

This book provides an elaboration and evaluation of the dominant conceptions of genetic counseling as they are accounted for in three different models: the teaching model; the psychotherapeutic model; and the responsibility model. The elaboration of these models involves an identification of the larger traditions, visions and theories of communication that underwrite them; the evaluation entails an assessment of each model’s theses and ultimately a comparison of their adequacy in response to two important concerns in genetic counseling: the (...) contested values of non-directiveness and the recognition of differences across perspectives, with special focus on how religious and spiritual beliefs of patients are coordinated with the networks of meaning in genetics. Several insights are made explicit in this project through the work of Robert Brandom. Brandom’s deontic scorekeeping model demonstrates how dialogue is at the root of grasping a conceptual content. Against this backdrop, professional communications such as genetic counseling can be seen as late developments in linguistic practices that have structural challenges. Brandom’s model reminds us that the professional needs the client’s understanding to grasp conceptual content in a particular context. (shrink)

There is an under-appreciated tradition of genealogical explanation that is centrally concerned with social functions. I shall refer to it as the tradition of pragmatic genealogy. It runs from David Hume (T, 3.2.2) and the early Friedrich Nietzsche (TL) through E. J. Craig (1990, 1993) to Bernard Williams (2002) and Miranda Fricker (2007). These pragmatic genealogists start out with a description of an avowedly fictional “state of nature” and end up ascribing social functions to particular building blocks of (...) our practices – such as the fact that we use a certain concept, or live by a certain virtue – which we did not necessarily expect to have such a function at all. That the seemingly archaic device of a fictional state-of-nature story should be a helpful way to get at the functions of our actual practices must seem a mystifying proposal, however; I shall therefore endeavor to demystify it in what follows. My aim in this chapter is twofold. First, by delineating the framework of pragmatic genealogy and contrasting it with superficially similar methods, I argue that pragmatic genealogies are best interpreted as dynamic models whose point is to reveal the function – and non-coincidentally often the social function – of certain practices. Second, by buttressing this framework with something it notably lacks, namely an account of the type of functionality it operates with, I argue that both the type of functional commitment and the depth of factual obligation incurred by a pragmatic genealogy depend on what we use the method for: the dynamic models of pragmatic genealogy can be used merely as heuristic devices helping us spot functional patterns, or more ambitiously as arguments grounding our ascriptions of functionality to actual practices, or even more ambitiously as bases for functional explanations of the resilience or the persistence of practices. By bringing these distinctions into view, we gain the ability to distinguish strengths and weaknesses of the method’s application from strengths and weaknesses of the method itself. (shrink)

A growing body of recent work in informal logic investigates the process of argumentation. Among other things, this work focuses on the ways in which individuals attempt to understand written or verbalised arguments in light of the fact that these are often presented in forms that are incomplete and unmarked. One of its aims is to develop general procedures for natural language argument recognition and reconstruction. Our aim here is to draw on this growing body of knowledge in informal (...) logic in order to take preliminary steps towards developing an architecture for computer systems that are able to recognise and reconstruct natural language arguments. This architecture aims to structure research of an applied and computational nature that strives to implement linguistic systems of various sorts, and to analyse problems in a way that both yields manageable and relatively independent components and also highlights how implementations can interact with existing resources from natural language processing. (shrink)

In constructing semantic theories of normative and evaluative terms, philosophers have commonly deployed a certain type of disagreement -based argument. The premise of the argument observes the possibility of genuine disagreement between users of a certain normative or evaluative term, while the conclusion of the argument is that, however differently those speakers employ the term, they must mean the same thing by it. After all, if they did not, then they would not really disagree. We argue that in (...) many of the cases in which this argument is deployed, the conclusion not only fails to follow from the premises, but is very likely false. Disagreements between speakers who do not mean the same things by their words are common, genuine, and not easily distinguished from ordinary disagreements over the truth of literally expressed content. We make this case by developing the notion of a metalinguistic negotiation, an exchange in which speakers tacitly negotiate the proper deployment of some linguistic expression in a context. Metalinguistic negotiations express disagreements over information that is conveyed pragmatically and about what concepts should be deployed in the context at hand. We argue that neither of these features poses any obstacle to metalinguistic negotiations serving to express genuine, substantive disagreements that can be well worth engaging in. Contrary to what has been widely assumed in the literature, many normative and evaluative disputes—among ordinary speakers and even among philosophers themselves—may be of exactly this type, a conclusion with important consequences for both the subject matter and the methodology of metanormative theory. (shrink)

This state-of-the-art guide to some of the most exciting work in current linguistics explores how the core components of the language faculty interact. It examines how these interactions are reflected in linguistic and cognitive theory, considers what they reveal about the operations of language within the mind, and looks at their reflections in expression and communication. Leading international scholars present cutting-edge accounts of developments in the interfaces between phonetics, phonology, morphology, syntax, semantics, and pragmatics. They bring to bear a (...) rich variety of methods and theoretical perspectives, focus on a broad array of issues and problems, and illustrate their arguments from a wide range of the world's languages. After the editors' introduction to its structure, scope, and content, the book is divided into four parts. The first, Sound, is concerned with the interfaces between phonetics and phonology, phonology and morphology, and phonology and syntax. Part II, Structure, considers the interactions of syntax with morphology, semantics, and the lexicon, and explores the status of the word and its representional status in the mind. Part III, Meaning, revisits the syntax-semantics interface from the perspective of compositionality, and looks at issues concerned with intonation, discourse, and context. The authors in the final part of the book, General Architectural Concerns, examine work on Universal Grammar, the overall model of language, and linguistic and associated theories of language and cognition. All scholars and advanced students of language will value this book, whether they are in linguistics, cognitive science, philosophy, artificial intelligence, computational science, or informatics. (shrink)

This thesis focuses on models of conceptual change in science and philosophy. In particular, I developed a new bootstrapping methodology for studying conceptual change, centered around the formalization of several popular models of conceptual change and the collective assessment of their improved formal versions via nine evaluative dimensions. Among the models of conceptual change treated in the thesis are Carnap’s explication, Lakatos’ concept-stretching, Toulmin’s conceptual populations, Waismann’s open texture, Mark Wilson’s patches and facades, Sneed’s structuralism, and Paul (...) Thagard’s conceptual revolutions. -/- In order to analyze and compare the conception of conceptual change provided by these different models, I rely on several historical reconstructions of episodes of scientific conceptual change. The historical episodes of scientific change that figure in this work include the emergence of the morphological concept of fish in biological taxonomies, the development of scientific conceptions of temperature, the Church-Turing thesis and related axiomatizations of effective calculability, the history of the concept of polyhedron in 17th and 18th century mathematics, Hamilton’s invention of the quaternions, the history of the pre-abstract group concepts in 18th and 19th century mathematics, the expansion of Newtonian mechanics to viscous fluids forces phenomena, and the chemical revolution. I will also present five different formal and informal improvements of four specific models of conceptual change. I will first present two different improvements of Carnapian explication, a formal and an informal one. My informal improvement of Carnapian explication will consist of a more fine-grained version of the procedure that adds an intermediate, third step to the two steps of Carnapian explication. I will show how this novel three-step version of explication is more suitable than its traditional two-step relative to handle complex cases of explications. My second, formal improvement of Carnapian explication will be a full explication of the concept of explication itself within the theory of conceptual spaces. By virtue of this formal improvement, the whole procedure of explication together with its application procedures and its pragmatic desiderata will be reconceptualized as a precise procedure involving topological and geometrical constraints inside the theory of conceptual spaces. My third improved model of conceptual change will consist of a formal explication of Darwinian models of conceptual change that will make vast use of Godfrey-Smith’s population-based Darwinism for targeting explicitly mathematical conceptual change. My fourth improvement will be dedicated instead to Wilson’s indeterminate model of conceptual change. I will show how Wilson’s very informal framework can be explicated within a modified version of the structuralist model-theoretic reconstructions of scientific theories. Finally, the fifth improved model of conceptual change will be a belief-revision-like logical framework that reconstructs Thagard’s model of conceptual revolution as specific revision and contraction operations that work on conceptual structures. -/- At the end of this work, a general conception of conceptual change in science and philosophy emerges, thanks to the combined action of the three layers of my methodology. This conception takes conceptual change to be a multi-faceted phenomenon centered around the dynamics of groups of concepts. According to this conception, concepts are best reconstructed as plastic and inter-subjective entities equipped with a non-trivial internal structure and subject to a certain degree of localized holism. Furthermore, conceptual dynamics can be judged from a weakly normative perspective, bound to be dependent on shared values and goals. Conceptual change is then best understood, according to this conception, as a ubiquitous phenomenon underlying all of our intellectual activities, from science to ordinary linguistic practices. As such, conceptual change does not pose any particular problem to value-laden notions of scientific progress, objectivity, and realism. At the same time, this conception prompts all our concept-driven intellectual activities, including philosophical and metaphilosophical reflections, to take into serious consideration the phenomenon of conceptual change. An important consequence of this conception, and of the analysis that generated it, is in fact that an adequate understanding of the dynamics of philosophical concepts is a prerequisite for analytic philosophy to develop a realistic and non-idealized depiction of itself and its activities. (shrink)

This work analyses the speech-act of arguing as proposed by Linguistic Normative Model of Argumentation (LNMA) with the help of diagrams, examples and basic formalization techniques. The focus is set on one of the most novel issues of LNMA, modal qualification, and the distinction between epistemic and ontological modals. The first conclusion is that employing LNMA in order to analyse and evaluate actual argumentation as it is proposed is too complex to be applied as is. The (...) second conclusion, at a theoretical level, is that the distinction between ontological and epistemic modals is highly problematic in LNMA. (shrink)

How is linguistic communication possible? How do we come to share the same meanings of words and utterances? One classical position holds that human beings share a transcendental “platonic” ideality independent of individual cognition and language use (Frege 1948). Another stresses immanent linguistic relations (Saussure 1959), and yet another basic embodied structures as the ground for invariant aspects of meaning (Lakoff and Johnson 1999). Here we propose an alternative account in which the possibility for sharing meaning is motivated (...) by four sources of structural stability: 1) the physical constraints and affordances of our surrounding material environment, 2) biological constraints of our human bodies, 3) social normative constraints of culture and society, and 4) the local history of social interactions. These structures and constraints interact in dynamical ways in actual language usage situations: local dialogical and social dynamics motivate and stabilize the profiling of a conceptual space already highly structured by our shared biology, culture, and environment. We will substantiate this perspective with reference to recent studies in experimental pragmatics and semiotics in which participants interact linguistically to solve cooperative tasks. Three main cases will be considered: The dynamic grounding of linguistic categories, the construction of conceptual models to relate entities in a scene, and the construction of shared conceptual scales for assessing and appraising subjective experiences. (shrink)

Cross-cultural differences in argumentation may be explained by the use of different norms of reasoning. However, some norms derive from, presumably universal, mathematical laws. This inconsistency can be resolved, by considering that some norms of argumentation, like Bayes theorem, are mathematical functions. Systematic variation in the inputs may produce culture-dependent inductive biases although the function remains invariant. This hypothesis was tested by fitting a Bayesian model to data on informal argumentation from Turkish and English cultures, which linguistically (...) mark evidence quality differently. The experiment varied evidential marking and informant reliability in argumentative dialogues and revealed cross-cultural differences for both independent variables. The Bayesian model fitted the data from both cultures well but there were differences in the parameters consistent with culture-specific inductive biases. These findings are related to current controversies over the universality of the norms of reasoning and the role of normative theories in the psychology of reasoning. (shrink)

Ruth Millikan is well known for having developed a strikingly original way for philosophers to seek understanding of mind and language, which she sees as biological phenomena. She now draws together a series of groundbreaking essays which set out her approach to language. Guiding the work of most linguists and philosophers of language today is the assumption that language is governed by prescriptive normative rules. Millikan offers a fundamentally different way of viewing the partial regularities that language displays, comparing (...) them to biological norms that emerge from natural selection. This yields novel and quite radical consequences for our understanding of the nature of public linguistic meaning, the process of language understanding, how children learn language, and the semantics/pragmatics distinction. (shrink)

Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to (...) a determination of whether an argument in a specific case is relevant are not in these examples. The approach is based on a linguistic account of dialogue and text from congruity theory, and on the notion of a dialectical shift. Such a shift occurs where an argument starts out as fitting into one type of dialogue, but then it only continues to makes sense as a coherent argument if it is taken to be a part of a different type of dialogue. (shrink)

"Dissertation Advisor: Richard Cobb-Stevens Second Reader: David Rasmussen -/- My overall concern is with the Kantian legacy in political thought. More specifically, I want to know if normative talk is still viable in the wake of Wittgenstein and the linguistic turn; and if so, in what form. Most commentators today believe we have to choose between these two thinkers, either sacrificing a real concern with normativity (“relativism”) or a convincing engagement with our ordinary language (“universalism”). I follow Hilary (...) Putnam in thinking we do not have to choose between these rather drastic construals. It might still be possible to defend the force and relevance of normative exchange while still being alive to the drift of ordinary communication. This middle stance is best exemplified, I believe, by what I have called normative evaluation. -/- Basically, I am building on and extending insights and styles of argumentation that Putnam has pioneered over the years. The universalist’s rigid dichotomies (norms vs. values, rules vs. attitudes, thick vs. thin ethical concepts, justice vs. the good life, etc.) all fail the test of ordinary language. As Putnam has also shown, however, we do rely on paired concepts like these and they might still be argued to be strong—rational—enough to justify making *relative distinctions*. A relative distinction between values and norms is decisive, I think, because it would put us in the position to talk meaningfully about and reasonable settle what is more proper to one particular individual, group, or society from what is less so, thereby also making possible a normative exchange *between* them. I am therefore taking Putnam as pointing out a way to preserve key Kantian insights about the irreducibility and ubiquity of the normative while discarding his transcendental wrapping, all the while avoiding the kind of slide to wholesale cultural relativism that so easily follows in the wake of standard critiques of Kant. -/- Chapter 1: General survey. Chapter 2: Historical background (Kant, Kierkegaard, Wittgenstein). Chapter 3: Basic language philosophical arguments. Chapter 4: Rejection of the quasi-transcendental model (Apel & Habermas). Chapter 5: Confrontation with Political Liberalism (the later Rawls). (shrink)

The Bayesian model is used in psychology as the reference for the study of dynamic probability judgment. The main limit induced by this model is that it confines the study of revision of degrees of belief to the sole situations of revision in which the universe is static (revising situations). However, it may happen that individuals have to revise their degrees of belief when the message they learn specifies a change of direction in the universe, which is considered as changing (...) with time (updating situations). We analyze the main results of the experimental literature with regard to elementary qualitative properties of these two situations of revision. First, the order effect phenomenon is confronted with the commutative property. Second, an apparent new phenomenon is presented: the redundancy effect that is confronted with the idempotence property. Finally, results obtained in this kind of experimental situations are reinterpreted in the light of pragmatic analysis. (shrink)

Kim's argument appears to render causally efficacious emergence impossible: Hume's argument appears to render normative emergence impossible, and, in its general form, it precludes any emergence at all. I argue that both of these barriers can be overcome, and, in fact, that they each constitute reductions of their respective underlying presuppositions. In particular, causally efficacious ontological emergence can be modeled, but only within a process metaphysics, thus avoiding Kim's argument, and making use of non-abbreviatory forms of definition, thus avoiding (...) Hume's argument. I illustrate these points with models of the emergent nature of normative function and of representation. (shrink)

In Giving Reasons: A Linguistic-pragmatic-approach to Argumentation Theory (Springer, 2011), I provide a new model for the semantic and pragmatic appraisal of argumentation. This model is based on a characterization of argumentation as a second order speech-act complex. I explain the advantages of this model respecting other proposals within Argumentation Theory, such as Pragma-dialectics, Informal Logic, the New Rhetoric or the Epistemic Approach.

The paper's thesis is that dialogue is not an adequate model for all types of argument. The position of Walton is taken as the contrary view. The paper provides a set of descriptions of dialogues in which arguments feature in the order of the increasing complexity of the argument presentation at each turn of the dialogue, and argues that when arguments of great complexity are traded, the exchanges between arguers are turns of a dialogue only in an extended or metaphorical (...) sense. It argues that many of the properties of engaged back-and-forth exchanges of paradigmatic argument dialogues are not found in ‘solo’ arguments, and that at least some of the norms appropriate to the former type of argument, such as some of the pragma-dialectical rules of van Eemeren and Grootendorst's model, do not apply to the latter. (shrink)

Speech act theory seems to provide a promising avenue for the analysis of the functional organization of argument. The theory, however, might be taken to suggest that arguments are a homogenous class of speech act with a specifiable illocutionary force and a single set of felicity conditions. This suggestion confuses the analysis of the meaning of speech act verbs with the analysis of the pragmatic structure of actual language use. Suggesting that arguments are conveyed through a homogeneous class of (...) linguistic action overlooks the way in which the context of activity and the form of expression organize the argumentative functions performed in using language. An alternative speech act analysis would treat folk terminology as a heuristic entry point into the development of a technical analysis of the myriad argumentative functions and structures to be found in natural language use. This would lead to a thorough-going pragmatic analysis of the rational and functional design of speech acts in argumentation. (shrink)

In a recent paper, Paul Coates defends a sophisticated dispositional account which allegedly resolves the sceptical paradox developed by Kripke in his monograph on Wittgenstein's treatment of following a rule (Kripke, 1982). Coates' account appeals to a notion of 'homeostasis', unpacked as a subject's second-order disposition to maintain a consistent pattern of extended first-order dispositions regarding her linguistic behavior. This kind of account, Coates contends, provides a naturalistic model for the normativity of intentional properties and thus resolves Kripke's sceptical (...) paradox. In this paper I argue that Coates' second-order dispositional account cannot solve the sceptic's problems regarding meaning and normativity. My main contention is that in order for second-order dispositions to be able to effectively regulate the coordinated responses constitutive of first-order dispositions, those first order dispositions must be independently identifiable. Yet that's precisely what Kripke's sceptical argument calls into question. I shall also argue, in a more positive fashion, that Coates' own appeal to practical breakdowns may suggest a different —and more effective— response to the sceptic's concern. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decolonizing MemoryLaurence J. Kirmayer*, MD (bio)In this far-reaching essay, Emily Walsh explores the significance of memory for coming to grips with the enduring legacy of colonialism in psychiatry. She argues that "for reasons of self-preservation, racialized individuals should reject collective memories underwritten by colonialism." Psychiatry can enable this process or collude with the structures of domination to silence and disable those who bear the brunt of the colonialist history (...) of violence and its current global incarnations. In this brief commentary, I want to underscore the importance of Walsh's argument, link it to contemporary work in cognitive and social science on the dynamics of memory, and point to some resources for implementing these insights in health services and clinical practice.Memory as Psychological Process, Social Practice and Cultural InstitutionMemory is not simply an individual psychological process of accessing images, stories, and knowledge of the past, but a reconstructive process of building a narrative (Kirmayer, 1996). This narrative is profoundly shaped by available templates, metaphors and models that are provided by the tacit, normative and official histories of society (Hirst, Yamashiro & Coman, 2018). But memory is also shaped by cultural affordances that guide attention and by narrative practices, which depend on other people (Ramstead, Veissière, & Kirmayer, 2017). In effect, remembering is not a matter of reaching down into one's memory archive or sedimented experience, but an embodied and enactive process of thinking with and through others (Laanes & Meretoja, 2021; Veissière, Constant, Ramstead, Friston, & Kirmayer, 2020). Memory then depends on community and on a shared understanding of history and of possible futures through which one can anchor and elaborate one's individual story.A direct consequence is that disconnecting a person from others, disembedding them from their social milieu, will lead to disruptions in memory and in the continuity of self. When the environment is toxic, this severance may sometimes be (partly) beneficial—but it always comes at a cost. Figuring out those costs, making them explicit, and ensuring that those whose history is being suppressed or overwritten by others have a chance to reclaim and write their own, is an ethical and pragmatic imperative.The denial of vital memories (recent or remote, personal or collective) causes fractures in the self that may disorganize the individual, install false consciousness, and cement the exclusionary and disvalued position of colonized, racialized, and [End Page 243] marginalized subjects. This process is not only—or even primarily—about memory. It is part of the structure of everyday life, inscribed in institutions and practices where colonial histories, racism, and economic exploitation are deeply entangled. Representations of the past are part of the way we construe the present and anticipate the future—but not every interpretive frame is a memory; there are structures in and of the moment that condition how we think about ourselves in health and illness and these too convey interests and biases disguised as "just the way things are."Fanon's Politics of Postcolonial Memory and IdentityWalsh offers a reading of aspects of Fanon's philosophy to reveal the workings of colonialism in and through memory. She is concerned with specific subsets of collective memories that are affectively charged and related to the identity of a group (Wertsch & Roediger, 2008). These memories are collective not simply they are shared by or distributed among the members of a group but because they define or constitute the collective itself.History is written largely by the powerful who create dominant or 'master' narratives that serve their own projects of legitimation and self-mystification (Trouillot, 2015; Lindqvist, 2021). But the creation of dominant narratives is not solely the province of those in power. There are many kinds of self-serving collective memory (Baumeister & Hastings, 2013)—from those related to the creation of nation states, which may ignore not only colonized peoples, but all ethnicities, religions or linguistic groups subordinated to the ideals of the dominant group (Anderson, 2006; Gunew, 2013; van Alphen & Carretero, 2015), to other forms of collective identity, even to those created by liberatory movements. These are maintained by institutionalization, ceremonial repetition and reenactment... (shrink)

This paper overviews some recent work on the semantics and pragmatics of arguments.

A large and impressive literature has arisen over the past fifteen years concerning the emergence, transfer, and sustenance of political norms in international life. The presumption of this literature has been, for the most part, that the winds of normative change blow in a progressive direction, toward greater or more stringent normative control of individual or state behavior. Constructivist accounts detail a spiral of mutual normative reinforcement as actors and institutions discover the advantages of normative self- (...) and other evaluation. There is also now much interesting research focused on the question of how to predict the emergence of future norms.I focus, however, on a different issue here: the death of norms that had once seemed well internalized and institutionalized. The issue arises in relation to one of the most dramatic features in the defense policy of the United States since 2001: the crumbling of highly restrictive normative regimes prohibiting interrogatory torture and assassination as part of the “global war on terror.” My aim here is to sketch what I take to be the central features of cases in which even norms that are clearly defined and apparently well internalized in a democracy nonetheless lose their grip on policy. The ultimate lesson, however, is an unappealing irony: While democracies surely do better than authoritarian regimes in adopting and internalizing certain kinds of constraints, in part because of a greater sensitivity to public mobilization around normative questions, that same sensitivity makes the long-term survival of these norms precarious. In particular, I suggest that force-constraining norms are most effectively internalized by coherent and relatively insulated professional cadres who see themselves as needing to act consistently over time. But in a democracy the values and arguments of those cadres are susceptible to being undermined by a combination of public panic and the invocation by policymakers of a public interest that can override the claims both of law and pragmatic restraint. Democracy, hence, can be at the same time both fertile and toxic: fertile as a source of humanitarian values and institutions, but toxic to the very institutions it cultivates.The model I will describe may be of predictive use in helping us to see the special vulnerability of normative orders in democracies. But my hope is that it is also constructive in showing us how states and institutions committed to maintaining a certain normative order, especially democratic states, might best try to entrench those norms. While my argument is conceptual and philosophical, it draws on this recent history. I also add two qualifications to this article's title. First, I am not addressingallnorms, but specific norms concerning the state use of force in national security policy. I therefore do not make claims about the generalizability of the conflict I describe to other norms, for example, norms of racial, sexual, or religious orthodoxy or hierarchy, or norms of reciprocal interaction. Second, reports of a norm's death are frequently exaggerated, since norms can be latent, then resurrected. Arguably, the anti-torture norm was resuscitated by President Obama in 2009 when, as one of his first official acts as chief executive, he moved to prohibit cruel, inhuman, and degrading treatment of detainees. I write here about the path of decay, whether or not that path is unidirectional, and why previously salient norms no longer seem to govern policy choice among political decision-makers. (shrink)

One of Ronald Dworkin's most distinctive claims in legal philosophy is that law is an interpretative concept, a special kind of concept whose correct application depends neither on fixed criteria nor on an instance-identifying decision procedure but rather on the normative or evaluative facts that best justify the total set of practices in which that concept is used. The main argument that Dworkin gives for interpretivism about some conceptis a disagreement-based argument. We argue here that Dworkin's disagreement-based argument relies (...) on a mistaken premise about the nature of disagreement. We propose an alternative analysis of the type of disputeseeming variation casesthat Dworkin uses to motivate the idea of interpretative concepts. We begin by observing that genuine disagreements can be expressed via a range of linguistic mechanisms, many of which do not require that speakers literally assert and deny one and the same proposition. We focus in particular on what we call disputes in which speakers do not express the same concepts by their words but rather negotiate how words should be used and thereby negotiate which of a range of competing concepts should be used in that context. We claim that this view has quite general theoretical advantages over Dworkin's interpretivism about seeming variation cases and about the relevant class of legal disputes in particular. This paper thus has two interlocking goals: (1) to undermine one of Dworkin's core arguments for interpretivism, and (2) to provide the foundations for a noninterpretivist alternative account of an important class of legal disputes. (shrink)