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  1. Reasoning by Precedent—Between Rules and Analogies.Katharina Stevens - 2018 - Legal Theory 24 (3):216-254.
    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 (...)
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  • Virtuous Arguers: Responsible and Reliable.José Ángel Gascón - 2018 - Argumentation 32 (2):155-173.
    Virtuous arguers are expected to manifest virtues such as intellectual humility and open-mindedness, but from such traits the quality of arguments does not immediately follow. However, it also seems implausible that a virtuous arguer can systematically put forward bad arguments. How could virtue argumentation theory combine both insights? The solution, I argue, lies in an analogy with virtue epistemology: considering both responsibilist and reliabilist virtues gives us a fuller picture of the virtuous arguer.
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  • Fostering the Virtues of Inquiry.Sharon Bailin & Mark Battersby - 2016 - Topoi 35 (2):367-374.
    This paper examines what constitute the virtues of argumentation or critical thinking and how these virtues might be developed. We argue first that the notion of virtue is more appropriate for characterizing this aspect than the notion of dispositions commonly employed by critical thinking theorists and, further, that it is more illuminating to speak of the virtues of inquiry rather than of argumentation. Our central argument is that learning to think critically is a matter of learning to participate knowledgeably and (...)
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  • Virtuous Vices: On Objectivity, Bias, and Virtue in Argumentation.H. Cohen Daniel & Stevens Katharina - unknown
    How is it possible that biases are cognitive vices, objectivity is an exemplary intellectual virtue, and yet objectivity is itself a bias? In this paper, we argue that objectivity is indeed a kind of bias but is still an argumentative virtue. In common with many biases – and many virtues – its effects are neither uniformly negative nor uniformly positive. Consequences alone are not enough to determine which character traits are argumentative virtues. Context matters. The opening section addresses the problem (...)
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