BackgroundThe attitudes of patients' to consent have changed over the years, but there has been little systematic study of the attitudes of anaesthetists and surgeons in this process. We aimed to describe observations made on the attitudes of medical professionals working in the UK to issues surrounding informed consent.MethodA questionnaire made up of 35 statements addressing the process of consent for anaesthesia and surgery was distributed to randomly selected anaesthetists and surgeons in Queen's Medical Centre, Royal Sussex County Hospital and (...) Eastbourne District General Hospital during 2007. Participants were asked to what extent they agreed with statements regarding consent.ResultsOf 234 questionnaires distributed, 63% were returned. Of the respondents 79% agreed that the main purpose of the consent process is to respect patient autonomy. While 55% of the examined cohort agreed that the consent process maybe inappropriate as patients do not usually remember all the information given to them. Furthermore, 84% of the participants agreed that what the procedure aims to achieve should be explained to the patient during the consent process. While of the participants, over 70% agreed that major risks of incidence greater than 1/100 should be disclosed to the patient as part of the consent process.ConclusionsThe majority of respondents appear to hold attitudes in standing with current guidelines on informed consent however there was still a significant minority who held more paternalistic views to the consent process bringing into question the need for further training in the area. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

There is general acknowledgement that both the anterior cingulate and orbitofrontal cortex are implicated in reinforcement-guided decision making, and emotion and social behaviour. Despite the interest that these areas generate in both the cognitive neuroscience laboratory and the psychiatric clinic, ideas about the distinctive contributions made by each have only recently begun to emerge. This reflects an increasing understanding of the component processes that underlie reinforcement- guided decision making, such as the representation of reinforcement expectations, the exploration, updating and representation (...) of action values, and the appreciation that choices are guided not just by the prospect of reward but also by the costs that action entails. Evidence is emerging to suggest that the anterior cingulate and orbitofrontal cortex make distinct contributions to each of these aspects of decision making. (shrink)

Chater & Loewenstein (C&L) ignore the long history by which social scientists have developed more nuanced and ultimately more helpful ways to understand the relationship between persons and situations. This tradition is reflected and advanced in a large literature on “wise” social–psychological or mindset interventions, which C&L do not discuss yet mischaracterize.

Strategies that motivate agrifood producers to adopt more sustainable practices are a critical component for a sustainable future. This case study examines farmer attitudes to a recently released New Zealand agricultural policy aimed at improving freshwater quality by restricting agricultural activities. Our study interprets interviews of nine individuals managing a range of dairy and sheep farming operations to explore how these farmers manage societal expectations of being a ‘good farmer’ in the context of the new regulations. Four themes were developed (...) to capture perceptions of participants: the vested interest of farmers in positive community engagement and being seen as a ‘good’ farmer; the need to manage farms prudently for future generations; the unique geographical and environmental conditions on each farm and their concerns about the lack of acknowledgment of differences across land types in New Zealand; and the unintended consequences of the new regulations for rural communities. Overall, the themes suggest that the way the policy was enacted conflicts with perceptions of a ‘good farmer’ and good farming practice, resulting in identity conflicts for the farming community and reduced motivation to adopt alternative practices. (shrink)

ObjectiveTo apply a socioecological approach to identify risk and protective factors across levels of the “sports-ecosystem,” which are associated with mental health outcomes among athletes in para-sports and non-para sports. A further aim is to determine whether para athletes have unique risks and protective factor profiles compared to non-para athletes.MethodsA cross-sectional, anonymous online-survey was provided to all categorized athletes aged 16 years and older, registered with the Australian Institute of Sport. Mental health outcomes included mental health symptoms, general psychological distress, (...) risky alcohol consumption and eating disorder risk. Risk and protective factors across multiple levels of the socioecological model, including individual, microsystem, exosystem and macrosystem level factors were assessed via self-report.ResultsA total of 427 elite athletes participated in the study. No significant differences in the rates of mental health problems were observed between para and non-para athletes. Both differences and similarities in risk and protective factor profiles were found across the multiple levels of the sports-ecosystem. Weak evidence was also found to support the hypothesis that certain risk factors, including experiencing two or more adverse life events in the past year, sports related concussion, high self-stigma, inadequate social support and low psychological safety conferred a greater risk for poorer mental health outcomes for para athletes in particular.ConclusionRisk factors occurring across various levels of the sports ecosystem, including individual, interpersonal and organizational level risk factors were found to be associated with a range of poorer mental health outcomes. The association between mental ill-health and certain risk factors, particularly those at the individual and microsystem level, appear to be greater for para athletes. These findings have important implications for policy and mental health service provision in elite sports settings, highlighting the need for more nuanced approaches to subpopulations, and the delivery of mental health interventions across all levels of the sports ecosystem. (shrink)

This study utilizes an exploratory research design to investigate the influence of historical socialism and communism on the shaping of a society’s economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines including the founder of modern economics, Adam Smith. However, with the growth of economic science, academic consideration has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed Morality of Profit-Making scale, the authors sought (...) to understand how historical socialism and communism influences respondents’ economic ethical worldview utilizing an exploratory research design. Data were collected from respondents in the Czech Republic, Slovenia, Slovakia, Serbia, Poland, and Hungary. (shrink)

This study investigates the processes involved in the shaping of a society's economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines. The founder of modern economics, Adam Smith, likewise had a keen interest in this topic. However, with the development of economic science, scholarly assessment has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed morality of profit-making scale, the authors sought to understand how (...) respondents' economic ethical worldview shifts over time. Specifically, we theorized that the news media's copious negative coverage of the gasoline price crisis of 2006 would significandy impact individuals' MPM worldview. The results show that respondents' explicit attitudes toward MPM were significantly impacted. However, respondents' more deeply held, implicit economic ethical worldview was only slightly impacted. The authors argue that only patient, long-term explanation and argumentation can permanently affect a society's economic ethos. Implications and future research directions for business researchers are oudined. (shrink)

What happens at the end of a clinical trial for an investigational neural implant? It may be surprising to learn how difficult it is to answer this question. While new trials are initiated with increasing regularity, relatively little consensus exists on how best to conduct them, and even less on how to ethically end them. The landscape of recent neural implant trials demonstrates wide variability of what happens to research participants after an neural implant trial ends. Some former research participants (...) continue to receive support for their devices (e.g., battery and component replacements, software updates, etc.). Others, when safe, have their neural implants removed through surgical explantation. Still others continue to live with a deactivated neural implant embedded in their body. In the United States, there are no uniform requirements to provide services, of any kind, after an neural implant study ends, and other nations are similarly facing this challenge. The existence of a post-trial gap in an expanding neural implant research ecosystem invites obvious questions: What is owed to neural implant research participants post-trial, and why has providing it been so difficult to accomplish in practice? To take a step forward on this difficult issue, we assembled one group of stakeholders – researchers funded for neuroethics grants by the National Institutes of Health – to explore possible starting points on one topic: ethical guidance for post-trial care of research participants in neural implant trials. Based on shared concerns discussed in the expert workshop the current paper is a call to action. It reports the key areas of convergence from the meeting and highlights important next steps towards developing much needed guidance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 101-115 [Access article in PDF] Case Study of the Use of a Circumstantial Ad Hominem in Political Argumentation Douglas Walton In the 1860s, Northern newspapers attacked Lincoln's policies by attacking his character, using the terms drunk, baboon, too slow, foolish, and dishonest. Steadily on the increase in political argumentation since then, the argumentum ad hominem has been carefully refined as an instrument of (...) "oppo tactics" and "going negative" by the public relations experts who now craft political campaigns at the national level. It has been so prominently used in the major political campaigns, debates, and advertisements of the past few years that there has even been a reaction against it--a feeling that we have gone too far in this direction and that some kind of restraint is needed. 1 But there has been no evidence of such restraint in the argumentation used in recent campaigns. Perhaps what might be helpful is a better understanding on the part of voters and campaigners of how to evaluate ad hominem arguments critically.How does the ad hominem argument really work as a way of molding public opinion, why is it so often so effective, and how can it be defended against? How can it be evaluated as a clearly identifiable type of argument, by some kind of objective standards, in a way that can be applied to particular cases? These appear to be tough questions, but recent research has made some not inconsiderable progress toward answering them.The purpose of this article is to present a new case study of a type of argument commonly used in political discourse, a case study that makes use of the dialectical normative framework for identifying and evaluating personal attack (ad hominem) arguments that is developed in a series of works by Henry W. Johnstone Jr. (1952); Alan Brinton (1985, 1995); Frans H. van Eemeren and Rob Grootendorst (1984, 1995); Erik C. W. Krabbe and Douglas N. Walton (1993), Walton (1989, chap. 6; 1998); and van Eemeren, Grootendorst, Francisca Snoeck Henkemans et al. (1996). This particular case, although typical of so many ad hominem arguments currently [End Page 101] in use in political discourse, has some special features that turn out to be quite interesting not only in showing how the dialectical framework applies to cases, but also in advancing our knowledge of how the ad hominem type of argument works in political argumentation in a democratic system for which the media reportage of events is a big factor in influencing voting. 1. Framework for analysis and evaluation Although the argumentum ad hominem, or personal attack argument, has been traditionally treated as a fallacy in logic, recent research in argumentation (as cited above) shows that, in many cases,--including cases in political argumentation--ad hominem arguments, as used in conversational arguments, are not fallacious. Research has shown that, while some personal attack arguments can definitely be judged fallacious, many others are quite reasonable (when evaluated in the appropriate context), while still others should be evaluated as weak (insufficiently supported) but not fallacious. As shown in this case study, the real function of an ad hominem argument (when properly used) is to attack an arguer's credibility in order to criticize the argument she advocates.Before going any further, it is necessary to define some terminology brought to use in the research cited above. An ad hominem argument is the use of personal attack in a dialogue exchange between two parties, where the one party attacks the character of the other party as bad, in some respect, and then uses this attack as a basis for criticizing the other party's argument. An argument is fallacious if it is a special baptizable (Johnson 1987) type of argument that is used by one party in a dialogue exchange in such a way that it blocks or interferes with the collaborative realization of the goal of the type of dialogue in which the two participants are supposed to be engaged (Walton 1995). Thus, there is a difference between a weak... (shrink)

Douglas N. Walton considers the question of whether the conventions of informal conversation can be articulated more precisely than they are at present. Specifically, he addresses the problem of the fallacy of ad hominem argumentation as it occurs in natural settings. Can rules be formulated to determine if criticisms of apparent hypocrisy in an argument are defensible or refutable? Walton suggests that they can, and ultimately defends the thesis that ad hominem reasoning is not fallacious per se. He (...) carries his analysis to the core of action--theoretic reasoning--by examining a number of specimen arguments. As suggested by the title, the conclusion of ad hominem argument is demonstrated to be relative to the arguer's position. In the appendixes of the book, articles by Gerald McAuliffe and Gordon R. Lowe illustrate vivid and powerful cases in which Walton's contentions are put to the test. (shrink)

There are two views of the ad hominem argument found in the textbooks and other traditional treatments of this argument, the Lockean or ex concessis view and the view of ad hominem as personal attack. This article addresses problems posed by this ambiguity. In particular, it discusses the problem of whether Aristotle's description of the ex concessis type of argument should count as evidence that he had identified the circumstantial ad hominem argument. Argumentation schemes are used as the basis for (...) drawing a distinction between this latter form of argument and another called argument from commitment, corresponding to the ex concessis argument. (shrink)

A new pragmatic approach, based on the latest developments in argumentation theory, analyzing appeal to expert opinion as a form of argument. Reliance on authority has always been a common recourse in argumentation, perhaps never more so than today in our highly technological society when knowledge has become so specialized—as manifested, for instance, in the frequent appearance of "expert witnesses" in courtrooms. When is an appeal to the opinion of an expert a reasonable type of argument to make, and when (...) does it become a fallacy? This book provides a method for the evaluation of these appeals in everyday argumentation. Specialized domains of knowledge such as science, medicine, law, and government policy have gradually taken over as the basis on which many of our rational decisions are made daily. Consequently, appeal to expert opinion in these areas has become a powerful type of argument. Challenging an argument based on expert scientific opinion, for example, has become as difficult as it once was to question religious authority. Walton stresses that even in cases where expert opinion is divided, the effect of it can still be so powerful that it overwhelms an individual's ability to make a decision based on personal deliberation of what is right or wrong in a given situation. The book identifies the requirements that make an appeal to expert opinion a reasonable or unreasonable argument. Walton's new pragmatic approach analyzes that appeal as a distinctive form of argument, with an accompanying set of appropriate critical questions matching the form. Throughout the book, a historical survey of the key developments in the evolution of the argument from authority, dating from the time of the ancients, is given, and new light is shed on current problems of "junk science" and battles between experts in legal argumentation. (shrink)

This study investigates the processes involved in the shaping of a society’s economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines. The founder of modern economics, Adam Smith, likewise had a keen interest in this topic. However, with the development of economic science, scholarly assessment has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed morality of profit-making scale (MPM), the authors sought to understand (...) how respondents’ economic ethical worldview shifts over time. Specifically, we theorized that the news media’s copious negative coverage of the gasoline price crisis of 2006 would significantly impact individuals’ MPM worldview. The results show that respondents’ explicit attitudes toward MPM were significantly impacted. However, respondents’ more deeply held, implicit economic ethical worldview was only slightly impacted. The authors argue that only patient, long-term explanation and argumentation can permanently affect a society’s economic ethos. Implications and future research directions for business researchers are outlined. (shrink)

This article is an attempt to clarify the role of pregivenness by drawing on the accounts afforded by Eugen Fink both in the Sixth Cartesian Meditation and in the complementary writings to this study. Pregivenness is first situated, along with givenness and non-givenness, within the framework of the system of transcendental phenomenology. As a second step, an examination is undertaken of the dimensions of pregivenness in the natural attitude. Next, nonpregivenness in the transcendental sphere is examined with a focus upon (...) the way in which indeterminateness does not undermine the possibility of a transcendental foreknowledge in the natural attitude, and on the other hand implies the productive character of phenomenological knowledge. After showing how, with the reduction, the pregivennes of the world turns into the pregivenness of world-constitution, the paper addresses the problems raised by the nonpregivenness both of the depth-levels and the reach of transcendental life. By unfolding these lines of inquiry, transcendental phenomenology surmounts the provisional analysis of constitution at the surface level as well as the limitation of transcendental life to the egological sphere. Finally, it is contended that Fink’s account of pregivenness overstates apperceptive or secondary pregivenenness because is does not deal with the pregivenness that precedes acts and is the condition of possibility for primary passivity. Reasons for the omission of impressional or primary pregivenness are suggested. (shrink)

A Bibliography of Douglas Walton’s Published Works, 1971-20.

This study utilizes an exploratory research design to investigate the influence of historical socialism and communism on the shaping of a society's economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines including the founder of modern economics, Adam Smith. However, with the growth of economic science, academic consideration has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed Morality of Profit-Making (MPM) scale, the authors (...) sought to understand how historical socialism and communism influences respondents' economic ethical worldview utilizing an exploratory research design. Data were collected from respondents in the Czech Republic, Slovenia, Slovakia, Serbia, Poland, and Hungary. (shrink)

I propose a way of understanding empathy on which it does not necessarily involve any-thing like thinking oneself into another’s shoes, or any imagining at all. Briefly, the empa-thizer uses an aspect of her own mental state as a sample, expressed by means of a phenomenal concept, to understand the other person. This account does a better job of explaining the connection between empathetic experiences and the objects of empathy than most traditional ones do. And it helps to clarify the (...) relations among different varieties of empathy and empathy-like experiences, including empathy with fictional characters. -/- . (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

The situationally disqualifying ad hominem attack is an argumentative move in critical dialogue whereby one participant points out certain features in his adversary's personal situation that are claimed to make it inappropriate for this adversary to take a particular point of view, to argue in a particular way, or to launch certain criticisms. In this paper, we discuss some examples of this way of arguing. Other types of ad hominem argumentation are discussed as well and compared with the situationally disqualifying (...) type. The socalled Houtlosser Dilemma highlights the danger of unconditionally condoning ad hominem arguments. We propose a classification of ad hominem, and a more restrictive use of the term 'circumstantial'. Finally, we discuss whether ad hominem arguments are (always?) to be rejected as fallacious. (shrink)

That photography is a supremely realistic medium may be the commonsense view, but—as Edward Steichen reminds us—it is by no means universal. Dissenters note how unlike reality a photograph is and how unlikely we are to confuse the one with the other. They point to “distortions” engendered by the photographic process and to the control which the photographer exercises over the finished product, the opportunities he enjoys for interpretation and falsification. Many emphasize the expressive nature of the medium, observing that (...) photographs are inevitably colored by the photographer’s personal interests, attitudes, and prejudices.1 Whether any of these various considerations really does collide with photography’s claim of extraordinary realism depends, of course, on how that claim is to be understood.Those who find photographs especially realistic sometimes think of photography as a further advance in a direction which many picture makers have taken during the last several centuries, as a continuation or culmination of the post-Renaissance quest for realism.2 There is some truth in this. Such earlier advances toward realism include the development of perspective and modeling techniques, the portrayal of ordinary and incidental details, attention to the effects of light, and so on. From its very beginning, photography mastered perspective. Subtleties of shading, gradations of brightness nearly impossible to achieve with the brush, became commonplace. Photographs include as a matter of course the most mundane details of the scenes they portray—stray chickens, facial warts, clutters of dirty dishes. Photographic images easily can seem to be what painters striving for realism have always been after. 2. See André Bazin, “The Ontology of the Photographic Image,” What is Cinema?, trans. Hugh Gray, vol. 1, p. 12; all further references to this work, abbreviated “OPI,” will be included in the text. See also Rudolf Arnheim, “Melancholy Unshaped,” Toward a Psychology of Art: Collected Essays, p. 186. Kendall L. Walton is professor of Philosophy at the University of Michigan. He is currently completing a book on representation in the arts. (shrink)

That photography is a supremely realistic medium may be the commonsense view, but—as Edward Steichen reminds us—it is by no means universal. Dissenters note how unlike reality a photograph is and how unlikely we are to confuse the one with the other. They point to “distortions” engendered by the photographic process and to the control which the photographer exercises over the finished product, the opportunities he enjoys for interpretation and falsification. Many emphasize the expressive nature of the medium, observing that (...) photographs are inevitably colored by the photographer’s personal interests, attitudes, and prejudices.1 Whether any of these various considerations really does collide with photography’s claim of extraordinary realism depends, of course, on how that claim is to be understood.Those who find photographs especially realistic sometimes think of photography as a further advance in a direction which many picture makers have taken during the last several centuries, as a continuation or culmination of the post-Renaissance quest for realism.2 There is some truth in this. Such earlier advances toward realism include the development of perspective and modeling techniques, the portrayal of ordinary and incidental details, attention to the effects of light, and so on. From its very beginning, photography mastered perspective . Subtleties of shading, gradations of brightness nearly impossible to achieve with the brush, became commonplace. Photographs include as a matter of course the most mundane details of the scenes they portray—stray chickens, facial warts, clutters of dirty dishes. Photographic images easily can seem to be what painters striving for realism have always been after. 2. See André Bazin, “The Ontology of the Photographic Image,” What is Cinema?, trans. Hugh Gray, vol. 1 , p. 12; all further references to this work, abbreviated “OPI,” will be included in the text. See also Rudolf Arnheim, “Melancholy Unshaped,” Toward a Psychology of Art: Collected Essays , p. 186. Kendall L. Walton is professor of Philosophy at the University of Michigan. He is currently completing a book on representation in the arts. (shrink)

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s theory (...) is briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

Sports and competitive games of many kinds—from tag to chess to baseball—are often occasions for make-believe. To participate either as a competitor or as a spectator is frequently to engage in pretense. The activities of playing and watching games have this in common with appreciating works of fiction and participating in children’s make-believe activities, although the make-believe in sports, masked by real interests and concerns, is less obvious than it is in the other cases. What is most interesting about tag (...) and chess and baseball, however, are the ways in which the make-believe they involve differs from other varieties. (shrink)

Introduction. Flesh and its reversibility ; Defining the baroque ; 'Good looking' ; A cinema of baroque flesh -- 1. Flesh, cinema and the baroque : the aesthetics of reversibility. Baroque vision and painting the flesh ; Baroque flesh ; Analogous embodiments : the film's body ; Baroque vision and cinema ; Summation : face to face-feeling baroque deixis -- 2. Knots of sensation : co-extensive space and a cinema of the passions. Synaesthesia, phenomenology, and the senses ; Cinesthesia and (...) the Bel composto ; A passionate baroque : emotion, excess, and co-extensive space ; Assault and absorption : cruel baroque ; Summation : beside oneself -- 3. Baroque skin/semiotics. Chiasm : language and experience ; Baroque poetic language and the seventeenth-century infinite ; Baroque luxury ; Skin-deep : baroque texturology ; Tickles : baroque wit ; Summation : cine-mimesis -- 4. One hand films the other : baroque haptics. Touching-touched ; Haptic visuality and the baroque ; Baroque haptics and cinema ; Analogical assemblages : Baroque databases ; Summation: TEXXTURE -- Conclusion : or the baroque 'Beauty of the act'. (shrink)

The nineteenth century compared her to Shakespeare; in our own time, she has been likened most often to Henry James. Both comparisons reflect a basic difficulty in reconciling subject matter with treatment, in squaring Jane Austen's restricted world - "3 or 4 Families in a Country Village" - with her profound impact upon our imaginations. Over the years her admirers have tried to resolve this paradox in various ways, none quite successful, but throughout all the changes in critical method one (...) thing has remained constant: the high level of admiration. As Edmund Wilson once remarked, in various revolutions of taste which have occurred during the last century and a half, "perhaps only two reputations have never been affected by the shifts of fashion: Shakespeare's and Jane Austen's. We still agree with Scott about Jane Austen, just as we agree with Ben Jonson about Shakespeare." Even in the half-century after Jane Austen's death, when her reputation was limited in comparison with those of the great Victorians, the praise of discriminating critics was remarkably consistent; and it seems safe to predict, as we begin to celebrate the two-hundredth anniversary of her birth, that this high estimate will remain unchallenged. The bicentennial year will produce the usual tributes, conferences, and collections of essays, but the call for "revaluation" which is usually a ritual part of such occasions will scarcely be heard. The question will not be one of placing Jane Austen in some hierarchy of value, but of trying once again to explain her accepted excellences. A. Walton Litz has written The Art of James Joyce, Jane Austen: A Study of Her Artistic Development, Introspective Voyager: The Poetic Development of Wallace Stevens, and numerous articles. He is professor of English at Princeton University. (shrink)

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and (...) rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth. (shrink)

If one looks to the current textbook lore for reliable taxonomic and analytical information about the petitio principii, one is met with conceptual disarray and much too much nonsense. The present writers have recently attempted to furnish the beginnings of a theoretical reconstruction of this fallacy which is at once faithful to its formidable complexity yet useful as guide for its detection and avoidance. The fact is that the petitio has had a lengthy and interesting history, and in this paper (...) we shall want to explore certain features of its development, such as it may have been. The principal origins of the concept of circular argument are to be found in Aristotle. The Aristotelian doctrine recurs with variations in the sophismata literature of the middle ages and in logic texts and manuals right up to the present day. (shrink)

This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...) two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels. (shrink)

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