Douglas Walton has been right in calling us to attend to the pragmatics of argument. He has, however, also insisted that arguments should be understood and assessed by considering the functions they perform; and from this, I dissent. Argument has no determinable function in the sense Walton needs, and even if it did, that function would not ground norms for argumentative practice. As an alternative to a functional theory of argumentative pragmatics, I propose a design view, which draws attention to (...) the way participants strategically undertake and impose norms on themselves in order for their arguments to have force. (shrink)

Work in Argumentation Studies (AS) and Studies in Expertise and Experience (SEE) has been proceeding on converging trajectories, moving from resistance to expert authority to a cautious acceptance of its legitimacy. The two projects are therefore also converging on the need to account for how, in the course of complex and confused civic deliberations, nonexpert citizens can figure out which statements from purported experts deserve their trust. Both projects recognize that nonexperts cannot assess expertise directly; instead, the nonexpert must judge (...) whether to trust the expert. But how is this social judgment accomplished? A normative pragmatic approach from AS can complement and extend the work from SEE on this question, showing that the expert’s putting forward of his view and “bonding” it with his reputation for expertise works to force or “blackmail” his audience of citizens into heeding what he says. Appeals to authority thus produce the visibility and accountability we want for expert views in civic deliberations. (shrink)

This paper provides a typology of appeals to authority, identifying three distinct types: that which is based on a command; that which is based on expertise; and that which is based on dignity. Each type is distinguished with respect to the reaction that a failure to follow it ordinarily evokes. The rhetorical roots of Locke's ad verecundiam are traced to the rhetorical practices of ancient Rome.

Making arguments makes reasons apparent. Sometimes those reasons may affect audiences’ relationships to claims. But an over-emphasis on audience effects encouraged by functionalist theories of argumentation distracts attention from other things that making arguments can accomplish. We advance the normative pragmatic program on argumentation through two case studies of how early advocates for women’s suffrage in the U.S. made reasons apparent in order to show that what they were doing wasn’t ridiculous. While it might be possible to identify this as (...) a new function of argumentation, we encourage instead attention to a more important question: explaining how all the diverse uses of argument have pragmatic force. (shrink)

I inquire into argument at the system level, exploring the controversy over whether climate scientists should fly. I document participants’ knowledge of a skeptical argument that because scientists fly, they cannot testify credibly about the climate emergency. I show how this argument has been managed by pro-climate action arguers, and how some climate scientists have developed parallel reasoning, articulating a sophisticated case why they will be more effective in the controversy if they fly less. Finally, I review some strategies arguers (...) deploy to use the arguments of others against them. I argue that only by attending to argument-making at the system level can we understand how arguers come to know the resources for argument available in a controversy and to think strategically about how to use them. I call for more work on argument at the system level. (shrink)

In this paper I propose to continue the analysis of the appeal to authority begun at the last OSSA conference. I proceed by examining the well-documented use of the appeal made by the ancient Roman advocate, Cicero. The fact that Cicero expressed his opinion was expectably sufficient to give his auditors--responsible citizens all--reason to do as he desired. But why? The resolution of this puzzle points to a strong sense in which arguments can be called rhetorical , for the rational (...) force of Cicero's authority depends necessarily on what he says. (shrink)

An outsider to argument theory, should she look through the rich outpouring of our recent work, might be amused to find us theorists not following our own prescriptions. We propound our ideas, but we don't always interact with each other--we don't argue. The essays by William Rehg and Robert Asen make promising start on rectifying this difficulty. I want to discuss them, first, to show how they acknowledge in exemplary fashion a pair of challenges I think we should all be (...) addressing; and next to consider their specific responses. (shrink)

Far from being of interest only to argumentation theorists, conceptions of speech acts play an important role in practitioners’ self-reflection on their own activities. After a brief review of work by Houtlosser, Jackson and Kauffeld on the ways that speech acts provide normative frameworks for argumentative interactions, this essay examines an ongoing debate among scientists in natural resource fields as to the appropriateness of the speech act of advocating in policy settings. Scientists’ reflections on advocacy align well with current scholarship, (...) and the scholarship in turn can provide a deeper understanding of how to manage the communication challenges scientists face. (shrink)

A generation before Beardsley, legal scholar John Henry Wigmore invented a scheme for representing arguments in a tree diagram, aimed to help advocates analyze the proof of facts at trial. In this essay, I describe Wigmore's "Chart Method" and trace its origin and influence. Wigmore, I argue, contributes to contemporary theory in two ways. His rhetorical approach to diagramming provides a novel perspective on problems about the theory of reasoning, premise adequacy, and dialectical obligations. Further, he advances a novel solution (...) to the problem of assessing argument quality by representing the strength of argument in meeting objections. (shrink)

Given the pragmatic tum recently taken by argumentation studies, we owe renewed attention to Henry Johnstone's views on the primacy of process over product. In particular, Johnstone's decidedly non-cooperative model is a refreshing alternative to the current dialogic theories of arguing, one which opens the way for specifically rhetorical lines of inquiry.

In this imaginative and provocative book, Barbara Goodwin explores the question of how lottery systems can achieve egalitarian social justice in societies with seemingly ineradicable inequalities. She begins with the utopian fable of Aleatoria, a country not unlike our own in the not-too-distant-future, where most goods are distributed by lottery--even the right to have children. She then analyzes the philosophical arguments for and against lottery distribution and a comparison of "justice by lottery" with other contemporary theories of justice. (...) class='Hi'>Goodwin also applies her theory to practical problems in the real world which could be--or have been--justly resolved by the use of lotteries, such as military drafts, jury duty, and immigration eligibility. She demonstrates that in many areas, including that of political power, a regular and random reallocation of goods would be a fairer and more democratic method than the distributive systems found in liberal democracies today. (shrink)

L'espere humaine est conflictuelle et gregaire, menacee de toutes parts par la montee aux extremes de la violence. Aussi se trouve-t-elle confrontee a ce probleme urgent: comment vivre ensemble sans s'entre-tuer? Le politique est l'ordre humain en charge de ce probleme, et son objectif est la paix par la justice. Dans ce bref precis didactique, Jean Baechler prouve que le seul moyen d'eviter la guerre et de resoudre des problemes communs dans un monde dangereux et imprevisible est de s'efforcer (...) a l'union politique, meme si celle-ci est bien evidemment extremement difficile a realiser. (shrink)

Sustainable practices are commended to us both out of prudential regard for our own future and out of principled concern for the ‘right to life’ of endangered species, ecosystems and ways of life and for intergenerational justice among our own kind. The larger point of the ‘sustainability ethic’ might be more political, however. Insisting that any practice we adopt now must be sustainable into the indefinite future constitutes an institutional check preventing us from taking unfair advantage of our privileged temporal (...) position vis‐a‐vis our successors. (shrink)

[R]eflection is a system of thought no less closed than insanity, with this difference that it understands itself and the madman too, whereas the madman does not understand it.– Merleau-Ponty, Phen...

In this book it explores science and technology, makes connections between these epistemic, cultural, and political trends, and develops profound insights into the nature of our postmodernity.

The duty to protect patient welfare underpins undergraduate medical ethics and patient safety teaching. The current syllabus for patient safety emphasises the significance of organisational contribution to healthcare failures. However, the ongoing over-reliance on whistleblowing disproportionately emphasises individual contributions, alongside promoting a culture of blame and defensiveness among practitioners. Diane Vaughan’s ‘Normalisation of Deviance’ provides a counterpoise to such individualism, describing how signals of potential danger are collectively misinterpreted and incorporated into the accepted margins of safe operation. NoD is an (...) insidious process that often goes unnoticed, thus minimising the efficacy of whistleblowing as a defence against inevitable disaster. In this paper, we illustrate what can be learnt by greater attention to the collective, organisational contributions to healthcare failings by applying NoD to The Morecambe Bay Investigation. By focusing on a cluster of five ‘serious untoward incidents’ occurring in 2008, we describe a cycle of NoD affecting trust handling of events that allowed poor standards of care to persist for several years, before concluding with a poignant example of the limitations of whistleblowing, whereby the raising of concerns by a senior consultant failed to generate a response at trust board level. We suggest that greater space in medical education is needed to develop a thorough understanding of the cultural and organisational processes that underpin healthcare failures, and that medical education would benefit from integrating the teaching of medical ethics and patient safety to resolve the tension between systems approaches to safety and the individualism of whistleblowing. Data sharing not applicable as no datasets generated and/or analysed for this study. (shrink)

This paper discusses the role of cultural anthropology in Cognitive Science. Culture is described as a very large pool of information passed along from generation to generation, composed of learned “programs” for action and understanding. These cultural programs differ in important ways from computer programs. Cultural programs tend to be unspecified and inexplicit rather than clearly stated algorithms learned through a slow process of guided discovery, and involve the manipulation of content based rather than formal symbol systems. Cultural symbol systems (...) often have affective as well as objective referents, giving them a strong directive effect. The argument is made that in the process of repeated social transmission and use, cultural programs come to take forms which have a good “fit” to the natural capacities and constraints of the human information processing system. (shrink)

Dans les sociétés démocratiques contemporaines, les individus revendiquent le droit d'aimer librement. Ils sont attachés à la réussite de leur vie sentimentale et à l'épanouissement de leur sexualité. Mais le corps épris nous permet-il d'accéder à l'existence heureuse que nous désirons? Dans ce livre, Jean-Marie Frey met au jour les ressorts de l'inquiétude suscitée par l'amour charnel. Il montre comment la pudibonderie et le libertinage expriment, chacun à leur manière, une tentative pour se rassurer. Les prudes désireux de voiler (...) les femmes et les libertins exhibant un corps morcelé dans l'imagerie pornographique, n'éprouvent-ils pas les uns et les autres une crainte devant la chair désirable? L'auteur oppose les figures du pudibond et du libertin à celle d'un amant disposé à jouer le jeu d'une passion amoureuse à la fois inquiétante et joyeuse. (shrink)

Along with Husserl's Ideas and Heidegger's Being and Time, Being Given is one of the classic works of phenomenology in the twentieth century. Through readings of Kant, Husserl, Heidegger, Derrida, and twentieth-century French phenomenology (e.g., Merleau-Ponty, Levinas, and Henry), it ventures a bold and decisive reappraisal of phenomenology and its possibilities. Its author's most original work to date, the book pushes phenomenology to its limits in an attempt to redefine and recover the phenomenological ideal, which the author argues has never (...) been realized in any of the historical phenomenologies. Against Husserl's reduction to consciousness and Heidegger's reduction to Dasein, the author proposes a third reduction to givenness, wherein phenomena appear unconditionally and show themselves from themselves at their own initiative. Being Given is the clearest, most systematic response to questions that have occupied its author for the better part of two decades. The book articulates a powerful set of concepts that should provoke new research in philosophy, religion, and art, as well as at the intersection of these disciplines. Some of the significant issues it treats include the phenomenological definition of the phenomenon, the redefinition of the gift in terms not of economy but of givenness, the nature of saturated phenomena, and the question “Who comes after the subject?” Throughout his consideration of these issues, the author carefully notes their significance for the increasingly popular fields of religious studies and philosophy of religion. Being Given is therefore indispensable reading for anyone interested in the question of the relation between the phenomenological and the theological in Marion and emergent French phenomenology. (shrink)

A 62-year-old female with Huntington’s disease presented after a suicide attempt. Her advance directive stated that she did not want intubation or resuscitation, which her family acknowledged and supported. Despite these directives, she was resuscitated in the emergency department and continued to state that she would attempt suicide again. Her suicidality in the face of a chronic and advancing illness, and her prolonged consistency in her desire to take her own life, left careproviders wondering how to provide ethical, respectful care (...) to this patient. Tension between the ethical principles of autonomy and beneficence is central in this case. The patient’s narrative demonstrated that her suicide was an autonomous decision, free from coercion or disordered thinking from mental illness. Beneficence then would seem to necessitate care aligned with the patient’s desire to end her life, which created ethical uneasiness for her family and careproviders. The case highlights several end-of-life ethical considerations that have received much recent attention. With ongoing discussions about the legalization of aid in dying across the country, caregivers are challenged to understand what beneficence means in people with terminal illnesses who want a say in their death. This case also highlights the profound moral distress of families and careproviders that arises in such ethically challenging scenarios. (shrink)

In 2016, the Colorado legislature passed an amendment to Colorado’s medical proxy law that established a process for the appointment of a physician to act as proxy decision maker of last resort for an unrepresented patient (Colorado HB 16-1101: Medical Decisions For Unrepresented Patients). The legislative process brought together a diverse set of stakeholders, not all of whom supported the legislation. Following passage of the statutory amendment, the Colorado Collaborative for Unrepresented Patients (CCUP), a group of advocates responsible for initiating (...) the legislative process, coordinated a unique effort to engage these stakeholders in the creation of a set of voluntary guidelines to assist facilities and individual careproviders in the implementation of policies and procedures enabled by the statute. This article delineates the questions and concerns of stakeholders, describes how those issues were addressed within the guidelines, and proposes additional opportunities for research to assess the impact of the legislation in Colorado. (shrink)

La philosophie ne se réduit pas à la pure réflexion ni à la quête d'une sagesse intemporelle. Elle est aussi invention ou création de concepts. Elle s'expose volontiers à traverser le cours des sciences, à inscrire son histoire dans le contrepoint de leurs développements. Quand il se veut ainsi passeur de savoirs, le philosophe expérimente des concepts qui filtrent des interprétations, établissent des relations inattendues, modifient des approches trop abstraites : le temps, l'infini, la matière, le cosmos. L'enquête astrophysique ou (...) les recherches sur le cerveau offrent autant d'occasions de mises en perspective propices à la pédagogie que d'invitations à reconstituer le tissu des idées qui fondent la culture et les idéaux de nos sociétés. Même s'il analyse parfois des méthodes et des paradigmes scientifiques, ce livre ne relève pas de la philosophie des sciences telle que l'Université en définit la discipline. Il entend surtout questionner les conceptions scientifiques du monde qui justifient, transforment ou bouleversent nos croyances, nos comportements et aussi nos décisions. Il témoigne que les seuls savoirs qui vaillent sont toujours déconcertants. (shrink)

Many U.S. corporations and the goods they produce negatively impact our society without breaking any laws. We are all too familiar with the tobacco industry's effect on public health and health care costs for smokers and nonsmokers, as well as the role of profit in the pharmaceutical industry's research priorities. It's Legal but It Ain't Right tackles these issues, plus the ethical ambiguities of legalized gambling, the firearms trade, the fast food industry, the pesticide industry, private security companies, and more. (...) Aiming to identify industries and goods that undermine our societal values and to hold them accountable for their actions, this collection makes a valuable contribution to the ongoing discussion of ethics in our time. This accessible exploration of corporate legitimacy and crime will be important reading for advocates, journalists, students, and anyone interested in the dichotomy between law and legitimacy. Nikos Passas is Professor in the College of Criminal Justice at Northeastern University. Neva Goodwin is Co-director of the Global Development and Environment Institute at Tufts University. (shrink)

"Christian philosophy" is commonly regarded as an oxymoron, philosophy being thought incompatible with the assumptions and conclusions required by religious faith. According to this way of thinking, philosophy and theology must forever remain distinct. In From Theology to Theological Thinking, Jean-Yves Lacoste takes a different approach. Stepping back from contemporary philosophical concerns, Lacoste--a leading figure in the philosophy of religion--looks at the relationship between philosophy and theology from the standpoint of the history of ideas. He notes in particular that (...) theology and philosophy were not considered separate realms until the high Middle Ages, this distinction being a hallmark of the modern era that is coming to an end. Lacoste argues that the intellectual task before us now is to work in the frontier region between or beyond these domains, work he identifies as "the task of thinking." With this argument, Lacoste resets our understanding of Western Christian thought, contending that a new way of thinking that is at once philosophical and theological will be the lasting discourse of Christianity. (shrink)