Since at least the 1938 publication of Hans Reichenbach’s Experience and Predication , there has been widespread agreement that, when discussing the beliefs that people have, it is important to distinguish contexts of discovery and contexts of justification. Traditionally, when one conflates the two contexts, the result is a “genetic fallacy”. This paper examines genealogical critiques and addresses the question of whether such critiques are fallacious and, if so, whether this vitiates their usefulness. The paper concludes that while there may (...) be one or more senses in which genealogical critiques are fallacious, this does not vitiate their value. (shrink)

This article outlines criteria for the evaluation of the argumentum ad hominem (argument against the person, or personal attack in argument) that is traditionally a part of the curriculum in informal logic. The argument is shown to be a kind of criticism which works by shifting the burden of proof in dialogue through citing a pragmatic inconsistency in an arguer's position. Several specific cases of ad hominem argumentation which pose interesting problems in analyzing this type of criticism are studied.

This paper looks into the known evidence on the origins of the type of argument called the circumstantial ad hominemargument in modern logic textbooks, and introduces some new evidence. This new evidence comes primarily from recent historical work by Jaap Mansfeld and Jonathan Barnes citing many cases where philosophers in the ancient world were attacked on the grounds that their personal actions failed to be consistent with their philosophical teachings. On the total body of evidence, two hypotheses about the roots (...) of the circumstantial ad hominem are considered. One is that it came from Aristotle through Locke. The other is that it may have had separate roots in these ancient philosophical writings that criticized philosophers for not practicing what they preached. (shrink)

A critic may attack an arguer personally by pointing out that the arguer’s position is pragmatically inconsistent: the arguer does not practice what he preaches. A number of authors hold that such attacks can be part of a good argumentative discussion. However, there is a difficulty in accepting this kind of contribution as potentially legitimate, for the reason that there is nothing wrong for a protagonist to have an inconsistent position, in the sense of committing himself to mutually inconsistent propositions. (...) If so, any such charge seems to be irrelevant. The questions to be answered in this essay are: what, if any, is the dialectical rationale for this type of criticism, and in what situations, if any, is this kind of charge dialectically legitimate? It will be shown that these attacks can be dialectically legitimate, in special circumstances, and that they can be seen as strategic␣manoeuvres where a party attempts to reconcile his dialectical and his rhetorical objectives. (shrink)

This article explores the modalities by which referring to past discursive performance of adversaries within a continuous polemical exchange is used in ad hominem attacks. Our starting point holds that in the context of lengthy debates, participants and third-party listeners share a rhetorical memory, which, dynamic and subjective as it may be, allows for the evaluation of participants’ characters based on their perceived discursive performances. By analysing opinion articles related to the Israeli political debate, this study shows how drawing inference (...) from adversaries’ prior statements and conduct is used to compromise their credibility as participants in the polemical exchange. It is found that, alongside supporting arguments from inconsistent commitment, previous discursive performance is mobilized to discredit speakers’ epistemic authority and their moral legitimacy. (shrink)

Jürgen Habermas has argued that religious views form a legitimate background for contributions to an open public debate, and that religion plays a particular role in formulating moral intuitions. Translating religious arguments into “generally accessible language” (Habermas, Eur J Philos 14(1):1–25, 2006) to enable them to play a role in political decisions is a common task for religious and non-religious citizens. The article discusses Habermas’ view, questioning the particular role of religion, but accepting the significance of including such counter-voices to (...) the predominant views. Furthermore it is pointed out that not only religious but also numerous secular views stand in need of translation to be able to bear on policy matters. Accepting Habermas’ general framework, I raise the question whether experts (such as clinicians working in relevant specialised areas of care) participating in political debates on biomedical issues have a duty to state their religious worldview, and to what extent the American government decision to restrict embryo stem cell research is an illegitimate transgression of the State-Church divide. (shrink)

Perelman’s view of the role of persons in argument is one of the most distinctive features of his break with Cartesian assumptions about reasoning. Whereas the rationalist paradigm sought to minimize or eliminate personal considerations by dismissing them as distracting and irrelevant, Perelman insists that argumentation inevitably does and ought to place stress on the specific persons engaged in an argument and that the relationship between speaker and what is spoken is always relevant and important. In taking this position, Perelman (...) implicitly revives the classical conception of proof by character (ethos or “ethotic” argument), but despite an extended discussion of act and person in argument, The New Rhetoric does not give much consideration to the classical concept and confuses differing approaches to it within the tradition. The result is that Perelman treats the role of the speaker in argument only by reference to abstract techniques and does not recognize the importance of examining particular cases in order to thicken understanding of how ethotic argument works in the complex, situated context of its actual use. Consequently, Perelman’s account of the role of persons in argument should be supplement by reference to case studies, and to that end, I consider ethotic argument in W.E.B. Du Bois’ famous essay “Of Mr. Booker T. Washington and Others”. (shrink)

In Roman rhetoric, contrarium was variably considered either a figure of speech or an argument. The paper examines the logical pattern of this type of argument, which according to Cicero is based on a third Stoic indemonstrable syllogism: $$ \neg ({\hbox{p}} \wedge {\hbox{q}});<$> <$>{\hbox{p}} \to \neg {\hbox{q}}{\hbox{.}} $$ The persuasiveness of this type of argument, however, vitally depends on the validity of the alleged ‹incompatibility’ forming its major premiss. Yet this appears to be the argument’s weak point, as the ‹incompatibilities’ (...) employed generally hold for the most part only, and are reducible to topical argument schemes. This is why in practical usage such arguments are most often phrased as rhetorical questions, the persuasive force of which, enhanced by certain strategical maneuverings and fallacies, makes the audience swallow the argument. (shrink)

Attempts to evaluate a belief or argument on the basis of its cause or origin are usually condemned as committing the genetic fallacy. However, I sketch a number of cases in which causal or historical factors are logically relevant to evaluating a belief, including an interesting abductive form that reasons from the best explanation for the existence of a belief to its likely truth. Such arguments are also susceptible to refutation by genetic reasoning that may come very close to the (...) standard examples given of supposedly fallacious genetic reasoning. (shrink)

The contested testimony in the Hill-Thomas ease is an illuminating test case for universalistic theories about the reliability of testimony. There is no reasonable alternative to universalistic standards of epistemic appraisal. And yet the charge by feminists and others that such criteria can be applied selectively and used to discredit and silence people is shown to be accurate. The road to a solution is to offer guidelines for the interpretation and application of these norms.

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)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)