Is argumentation essentially adversarial? The concept of a devil's advocate—a cooperative arguer who assumes the role of an opponent for the sake of the argument—serves as a lens to bring into clearer focus the ways that adversarial arguers can be virtuous and adversariality itself can contribute to argumentation's goals. It also shows the different ways arguments can be adversarial and the different ways that argumentation can be said to be "essentially" adversarial.

When evaluating the arguer instead of the argument, we soon find ourselves confronted with a puzzling situation: what seems to be a virtue in one argumentative situation could very well be called a vice in another. This paper will present the idea that there are in fact two sets of virtues an arguer has to master—and with them four sometimes very different roles.

If circumstances were always simple and all arguers were always exclusively concerned with cognitive improvement, arguments would probably always be cooperative. However, we have other goals and there are other arguers, so in practice the default seems to be adversarial argumentation. We naturally inhabit the heuristically helpful but cooperation-inhibiting roles of proponents and opponents. We can, however, opt for more cooperative roles. The resources of virtue argumentation theory are used to explain when proactive cooperation is permissible, advisable, and even mandatory (...) – and also when it is not. (shrink)

Feminist argumentation theorists have criticized the Dominant Adversarial Model in argumentation, according to which arguers should take proponent and opponent roles and argue against one another. The model is deficient because it creates disadvantages for feminine gendered persons in a way that causes significant epistemic and practical harms. In this paper, I argue that the problem that these critics have pointed out can be generalized: whenever an arguer is given a role in the argument the associated tasks and norms of (...) which she cannot fulfill, she is liable to suffer morally significant harms. One way to react to this problem is by requiring arguers to set up argument structures and allocate roles so that the argument will be reasons-reflective in as balanced a way as possible. However, I argue that this would create to heavy a burden. Arguers would then habitually have to take on roles that require them to divert time and energy away from the goals that they started arguing for and instead serve the goal of ideal reasons-reflectiveness. At least prima facie arguers should be able to legitimately devote their time and energy towards their own goals. This creates a problem: On the one hand, structures that create morally significant harms for some arguers should be avoided—on the other hand, arguers should be able to take argument-roles that allow them to devote themselves to their own argumentative goals. Fulfilling the second requirement for some arguers will often create the morally significant harms for their interlocutors. There are two possible solutions for this problem: first, arguers might be required to reach free, consensual agreements on the structure they will adopt for their argument and the way they will distribute argumentative roles. I reject this option as both fundamentally unfeasible and practically unrealistic, based on arguments developed by theorists like Krabbe and Jacobs. I argue that instead, we should take a liberal view on argument ethics. Arguers should abide by moral side constraints to their role taking. They should feel free to take roles that will allow them to concentrate on their argumentative goals, but only if this does not create a situation in which their interlocutors are pushed into a role that that they cannot effectively play. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...) reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

ABSTRACT This paper contributes to the debate about the strawman fallacy. It is the received view that strawmen are employed to fool not the arguer whose argument they distort, but instead a third party, an audience. I argue that strawmen that fool their victims exist and are an important variation of the strawman fallacy because of their special perniciousness. I show that those who are subject to hermeneutical lacunae or who have since forgotten parts of justifications they have provided earlier (...) are especially vulnerable to falling for strawmen aimed at their own positions or arguments. Adversarial argumentation provides especially fertile ground for strawmen that fool their own victims, but cooperative argumentation is no fail-safe protection from them either. (shrink)

Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...) are used to show that an equivalent present decision would also be justified. Both arguments are a type of argument by analogy. They differ in their structures and conditions of cogency, even though they often look the same in presentation. Their similar appearance poses a risk of miss-evaluation and fallacious use. Therefore a clearly theorized distinction is important. (shrink)

When a new theory of argumentation becomes available on the English-speaking market, such as it is happening now through the translation of Harald Wohlrapp’s The Concept of Argument, it is always interesting to work out how the new input will interact with the work that has otherwise been done in the field. This comment aims to determine whether rhetoric has a place in Wohlrapp’s account of argumentation.

Some authors argue that the rule-of-law ideal gives judges a prima facie duty to provide a determinate formulation of the precedent’s general norm in all their precedent-opinions. I question that claim. I agree that judges have a duty to decide their cases based on reasons and that they should formulate these reasons in their opinions. I also agree that formulations of general norms should be the goal of common-law development and that judges have a duty to contribute to the realization (...) of this goal. However, I argue that judges may sometimes do so better if they do not provide a determinate formulation of a general norm in their opinion. Often, judges may not feel confident that they are able to formulate a good general norm for their precedent decision, even if they believe that their decision is both correct and justifiable through argument. In this case, various reasons speak against providing a determinate formulation of a general norm, including rule-of-law reasons. (shrink)

Arguments involve, at minimum, attempts at presenting something that an audience will take to be a reason. Reasons, once understood, affect an addressee’s beliefs in ways that are in some significant sense outside of their direct voluntary control. Since such changes may impact the well-being, life projects, or sense of self of the addressee, they risk infringing upon their autonomy. We call this the “autonomy worry” of argumentation. In light of this worry, this paper asks whether one ought to seek (...) an addressee’s consent before arguing with them. We first consider the view that arguing of any sort and on any topic requires consent. However, such a view is extreme, and we reject the general requirement of consent because argument contains its own internal permission structure. We find, however, that this permission structure is not always operative, and that consent may nonetheless be morally required in certain kinds of cases. (shrink)

Humility holds a modest but important place among the judicial virtues. But in spite of its growing popularity, it does not yet have a place on the ‘central judicial virtues’ lists. This paper provides an argument that judicial humility, especially institutional judicial humility, should be considered a necessary judicial virtue at least in common-law jurisdictions. This is because it is a necessary ingredient in precedent-based decisions that are fully justified from the point of view of the law and of political (...) morality. Further, while it is sufficient that individual judges make decisions that a humble judge would have made, the judicial community must in fact be humble in order to produce fully justified common-law decisions – humility is therefore necessary as a community-virtue. (shrink)

The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...) evaluation is the best basis for a satisfying explanation. (shrink)

At a recent rally, Donald Trump resumed a habit he had developed during his election-rallies and read out the lyrics to a song. It tells the Aesopian fable of The Farmer and the Snake: A half frozen snake is taken in by a kind-hearted person but bites them the moment it is revived. Trump tells the fable to make a point about Islamic immigrants and undocumented immigrants from Southern and Central America: He claims the immigrants will cause problems and much (...) stricter immigration-policies are needed. I assume that Trump treats the fable as an argumentative device for supporting his stance on immigration. He uses it as a source-analogue both for the conclusion that immigrants will cause problems and for changing the frame in which immigrants and those willing to let them enter are seen. This gives me opportunity to examine the effect fables have as argumentative devices. Fables are a popular and effective choice for political argumentation. They are slimmed down, semi-abstract narratives, well suited for directing the audience's attention to a few properties of an otherwise complex situation. However, this also makes it easy to use them for manipulating an audience into oversimplifying complex contexts and stereotyping human beings. (shrink)

Abstract:In this paper, I show that certain parts of constitutional texts can plausibly be thought of as having a meaning that changes and evolves on its own. This idea is widely rejected, especially but not only by a group of legal theorists who subscribe to a theory of constitutional interpretation called originalism. In a recent paper, the originalist Lawrence Solum has defended the so-called “fixation thesis”, according to which the meaning of the constitutional text is fixed when it was first (...) enacted and does not change later on. Solum rejects the idea that the meaning of the constitutional text might evolve because he cannot identify a plausible way in which any text could have an evolving meaning. I argue that there are such texts and offer folk-fairy-tales as an example. I then go on to present reasons why constitutions can plausibly be considered to be texts that, like fairy-tales, change their meanings independently. (shrink)

It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical Data (...) Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

Steven Crowell has been for many years a leading voice in debates on twentieth-century European philosophy. This volume presents thirteen recent essays that together provide a systematic account of the relation between meaningful experience and responsiveness to norms. They argue for a new understanding of the philosophical importance of phenomenology, taking the work of Husserl and Heidegger as exemplary, and introducing a conception of phenomenology broad enough to encompass the practices of both philosophers. Crowell discusses Husserl's analyses of first-person authority, (...) the semantics of conscious experience, the structure of perceptual content, and the embodied subject, and shows how Heidegger's interpretation of the self addresses problems in Husserl's approach to the normative structure of meaning. His volume will be valuable for upper-level students and scholars interested in phenomenological approaches to philosophical questions in both the European and the analytic traditions. (shrink)

Baruch Spinoza (1632-1677) was one of the most important philosophers of all time; he was also one of the most radical and controversial. The story of Spinoza's life takes the reader into the heart of Jewish Amsterdam in the seventeenth century and, with Spinoza's exile from Judaism, into the midst of the tumultuous political, social, intellectual, and religious world of the young Dutch Republic. This new edition of Steven Nadler's biography, winner of the Koret Jewish Book Award for biography and (...) translated into a dozen languages, is enhanced by exciting new archival discoveries about his family background, his youth, and the various philosophical, political, and religious contexts of his life and works. There is more detail about his family's business and communal activities, about his relationships with friends and correspondents, and about the development of his writings, which were so scandalous to his contemporaries. (shrink)

A recent wave of academic and popular publications say that utopia is within reach: Automation will progress to such an extent and include so many high-skill tasks that much human work will soon become superfluous. The gains from this highly automated economy, authors suggest, could be used to fund a universal basic income (UBI). Today's employees would live off the robots' products and spend their days on intrinsically valuable pursuits. I argue that this prediction is unlikely to come true. Historical (...) precedent speaks against it, but the main problem is that the prediction fundamentally misunderstands how capitalism works—its incentives to increase or decrease production, its principles of income allocation, and the underlying conception of merit. (shrink)

This chapter proposed a novel design methodology called Value-Sensitive Design and its potential application to the field of artificial intelligence research and design. It discusses the imperatives in adopting a design philosophy that embeds values into the design of artificial agents at the early stages of AI development. Because of the high risk stakes in the unmitigated design of artificial agents, this chapter proposes that even though VSD may turn out to be a less-than-optimal design methodology, it currently provides a (...) framework that has the potential to embed stakeholder values and incorporate current design methods. The reader should begin to take away the importance of a proactive design approach to intelligent agents. (shrink)

From Pulitzer Prize-finalist Steven Nadler, an engaging guide to what Spinoza can teach us about life’s big questions In 1656, after being excommunicated from Amsterdam’s Portuguese-Jewish community for “abominable heresies” and “monstrous deeds,” the young Baruch Spinoza abandoned his family’s import business to dedicate his life to philosophy. He quickly became notorious across Europe for his views on God, the Bible, and miracles, as well as for his uncompromising defense of free thought. Yet the radicalism of Spinoza’s views has long (...) obscured that his primary reason for turning to philosophy was to answer one of humanity’s most urgent questions: How can we lead a good life and enjoy happiness in a world without a providential God? In Think Least of Death, Pulitzer Prize–finalist Steven Nadler connects Spinoza’s ideas with his life and times to offer a compelling account of how the philosopher can provide a guide to living one’s best life. In the Ethics, Spinoza presents his vision of the ideal human being, the “free person” who, motivated by reason, lives a life of joy devoted to what is most important—improving oneself and others. Untroubled by passions such as hate, greed, and envy, free people treat others with benevolence, justice, and charity. Focusing on the rewards of goodness, they enjoy the pleasures of this world, but in moderation. “The free person thinks least of all of death,” Spinoza writes, “and his wisdom is a meditation not on death but on life." An unmatched introduction to Spinoza’s moral philosophy, Think Least of Death shows how his ideas still provide valuable insights about how to live today. (shrink)

Meta-emotions are emotions about emotions, such as, for example, shame about anger. An important subset of meta-emotions constitutes a special case of co-experienced emotions, in which one emotion is directed at another emotion experienced by a subject at the same time. By making us reflectively aware of our own first-order emotions and suggesting an evaluation of them, meta-emotions enable reflection on our own emotional sensibility. In this paper, I explore the roles of meta-emotions in the context of affective empathy. I (...) show that, whereas meta-emotions on the side of the target person increase the complexity of empathy’s success conditions, meta-emotions on the side of the empathiser expand the role of meta-emotions for self-reflection and give rise to parallel phenomena of other-directed reflection. Exploring the roles of meta-emotions in the context of affective empathy allows us to better understand the significance of meta-emotions, as well as the functions of affective empathy. (shrink)

In Virtue, Piety and the Law Katharina Ivanyi examines Birgivī Meḥmed Efendī's (d. 981/1573) al-Ṭarīqa al-muḥammadiyya, a major work of pietist exhortation and advice, composed by the sixteenth-century Ottoman jurist, Ḥadīth scholar and grammarian, who would articulate a style of religiosity that had considerable reformist appeal into modern times. Linking the cultivation of individual virtue to questions of wider political, social and economic concern, Birgivīplayed a significant role in the negotiation and articulation of early modern Ottoman Ḥanafīpiety. Birgivī's deep (...) mistrust of the passions of the human soul led him to prescribe a regime of self-surveillance and control that was only matched in rigor by his likewise exacting interpretation of the law in matters of everyday life, as much as in state practices, such as the cash waqf, Ottoman land tenure and taxation. (shrink)

This book presents the thought of the Kyoto School in comparison with continental philosophers better known in the West and addresses the affiliation of some of its members with the militarism of the 1930s and 1940s.

This book introduces an account of cognitive architecture, Cognitive Pluralism, on which the basic units of understanding are models of particular content domains. Having many mental models is a good adaptive strategy for cognition, but models can be incompatible with one another, leading to paradoxes and inconsistencies of belief, and it may not be possible to integrate the understanding supplied by multiple models into a comprehensive and self-consistent "super model". The book applies the theory to explaining intuitive reasoning and cognitive (...) illusions and explores implications for epistemology, semantics, and disunity of science. (shrink)

A realist view of numbers often rests on the following thesis: statements like ‘The number of moons of Jupiter is four’ are identity statements in which the copula is flanked by singular terms whose semantic function consists in referring to a number (henceforth: Identity). On the basis of Identity the realists argue that the assertive use of such statements commits us to numbers. Recently, some anti-realists have disputed this argument. According to them, Identity is false, and, thus, we may deny (...) that the relevant statements commit us to numbers. The present paper argues that the correct linguistic analysis of the relevant number statements supports the anti-realist view that Identity is false. However, as will further be shown, pace the anti-realist, this analysis does not establish that such statements do not commit us to numbers after all. (shrink)

Richard Arthur and I proposed that the present in Minkowski spacetime should be thought of as a small causal diamond. That is, given two timelike separated events p and q, with p earlier than q, they suggested that the present is the set I+ ∩ I-. Mauro Dorato presents three criticisms of this proposal. I rebut all three and then offer two more plausible criticisms of the Arthur/Savitt proposal. I argue that these criticisms also fail.

The leading models of disability struggle to fully encompass all aspects of “disability.” This difficulty arises, the author argues, because the models fundamentally misunderstand the nature of disability. Current theoretical approaches to disability can be understood as “nounal,” in that they understand disability as a thing that is caused or embodied. In contrast, this paper presents an adverbial perspective on disability, which shows that disability is experienced as a personally irremediable impediment to daily-living tasks or goals-like-ours. The picture theory of (...) disability technically constitutes a species of relational approach because its analysis references the interplay between an individual and their environment; it differs from other relational accounts, however, by interpreting disability as a certain kind of negative experience—rather than a function of that relationship. This purely descriptive theory makes no normative claims about disability and operates as both a mechanism for the evaluation of the experience of disability and a heuristic device for the proper interpretation of disability. When disability is reframed in this way, the theory offers a particularist perspective which shows if, when, where, and how disability is experienced. (shrink)

This book combines a historical and philosophical study of Russell's theory of descriptions. It defends, develops, and extends the theory as a contribution to natural language semantics while also arguing for a reassessment of the importance of linguistic inquiry to Russell's philosophical project.

These essays examine the philosophical, scientific, theological and religious themes and arguments of occasionalism, as well as its roots in medieval views on ...

In many cases collectively desirable projects can be carried out only after considerable social conflict because the unequal distribution of burden and benefit from such projects leads to local Opposition. From an economic perspective this problem can (and should) be resolved by compensating those who are negatively affected. Using a fictitious example, the author demonstrates that compensation packages will ( a) increase the collective welfare, (b) have a positive redistributive effect, and ( c) contribute to unblocking negotiation standstills that result (...) from local veto. In actual practice, however, compensation offers will often be rejected by those affected. In order to increase the acceptability of compensation, it is important that all the possibilities to limit and restitute damage be explored before consideration is given to acceptable forms of substitution or compensation. The search for adequate means of substitution and compensation requires the inclusion of all parties affected. Therefore alternative dispute resolution provides an ideal framework for such a process. (shrink)

The study examines how multinational organizations implement the concept of ethics and compliance programs into their businesses and the extent to which these programs were geared to the 2004 Amendments. The study explores the applicability of the 2004 Amendments and analyzes the instruments organizations use to successfully develop and maintain these programs. By including research from various fields, a theoretical framework was developed for implementing an ethics and compliance program that takes into account the 2004 Amendments.

In "Nietzsche's Perspectivism", Steven Hales and Rex Welshon offer an analytic approach to Nietzsche's important idea that truth is perspectival. Drawing on Nietzsche's entire published corpus, along with manuscripts he never saw to press, they assess the different perspectivisms at work in Nietzsche's views with regard to truth, logic, causality, knowledge, consciousness, and the self. They also examine Nietzsche's perspectivist ontology of power and the attendant claims that substances and subjects are illusory while forces and alliances of power constitute the (...) only reality. Hales and Welshon present Nietzsche's treatment of perspectivism as both more complex and more fruitful than the common view of it as a doctrine that truth is not objective. Neither a metaphor nor a methodology, perspectivism emerges as a protean concept akin to a unifying theme; an alternative to the absolutism that recurs in science, philosophy, and religion; and a technique for revealing the unimagined possibilities open to every individual. (shrink)

Steven Shapin argues that science, for all its immense authority and power, is and always has been a human endeavor, subject to human capacities and limits.

This paper introduces phenomenology as a distinctive form of transcendental philosophy by exploring a problem that arises with the phenomenological concept of “constitution,” namely, the “paradox of human subjectivity” – the idea that under the transcendental reduction the human subject is both a entity in the world and the ground of all such constitution. Focusing on the question of what conditions must obtain for something to be the bearer of normatively structured intentional content, the paper argues that the appearance of (...) paradox here rests upon a certain naturalistic assumption – namely, that the aspect of subjectivity responsible for transcendental constitution is consciousness conceived as the kind of phenomenal experience we share with other animals. In a final section I try to suggest how transcendentalism and a certain naturalism might nevertheless be reconciled on phenomenological grounds. (shrink)

Linguistic intuitions are a central source of evidence across a variety of linguistic domains. They have also long been a source of controversy. This chapter aims to illuminate the etiology and evidential status of at least some linguistic intuitions by relating them to error signals of the sort posited by accounts of on-line monitoring of speech production and comprehension. The suggestion is framed as a novel reply to Michael Devitt’s claim that linguistic intuitions are theory-laden “central systems” responses, rather than (...) endorsed outputs of a modularized language faculty (the “Voice of Competence”). Along the way, it is argued that linguistic intuitions may not constitute a natural kind with a common etiology; and that, for a range of cases, the process by which intuitions used in linguistics are generated amounts to little more than comprehension. (shrink)

Worsening energy crises and the growing effects of climate change have spurred, among other things, concerted efforts to tackle global problems through what the United Nations calls Sustainable Development Goals (SDGs). These are in turn argued to be best achieved via the adoption of environmental, social, and corporate governance (ESG) as the vehicle for guiding our efforts. However, though these things are often presented as the solution to global issues, they are increasingly being used as a means to centralize power (...) and exacerbate growing authoritarian trends. This article aims to demonstrate how the narratives surrounding ESG mask this reality, taking as a solution one of the foundational causes of global wealth and power disparity. (shrink)