This manuscript investigates the role of argumentative competence in interpersonal dyadic exchanges. Specifically, this study examined the two sub-dimensions of competence, argumentative effectiveness and appropriateness, and their connections with argumentative traits, situational features, and argument satisfaction. In addition, self-perceived versus observed argumentative competence were compared. Participants in the study completed measures before and after a face-to-face argumentative discussion with another person about one of two possible topics. Results revealed that argumentation traits had little effect on (...) argumentative competence, but competence was predicted by one’s knowledge about the topic. Argument satisfaction depended only on arguers’ own competence, not their partners’. Finally, a perceptual bias existed regarding argument effectiveness in that participants rated themselves higher than did observers. (shrink)

This manuscript investigates the role of argumentative competence in interpersonal dyadic exchanges. Specifically, this study examined the two sub-dimensions of competence, argumentative effectiveness and appropriateness, and their connections with argumentative traits, situational features, and argument satisfaction. In addition, self-perceived versus observed argumentative competence were compared. Participants in the study (N = 282, 141 dyads) completed measures before and after a face-to-face argumentative discussion with another person about one of two possible topics (student athlete pay and (...) texting while driving). Results revealed that argumentation traits had little effect on argumentative competence, but competence was predicted by one’s knowledge about the topic. Argument satisfaction depended only on arguers’ own competence, not their partners’. Finally, a perceptual bias existed regarding argument effectiveness (but not appropriateness) in that participants rated themselves higher than did observers. (shrink)

Whether argumentation competencies are associated with the kind of influence opportunities children have in their lives is the focus of this study. The hypothesis is that when children have the opportunity to initiate and evaluate arguments, hear others make and examine arguments, and participate equally in resolving disputes, children are able to develop their argument skills. Four argumentation competencies associated with critical discussions of proposals are identified: creating consensus about problematic situations, advocating proposals, facilitating behavioral commitment, and integrating identities. Second, (...) fourth, and sixth grade children completed tasks that assessed their influence opportunities and argument competencies. Children who perceived themselves to have many collaborative influence opportunities, that is, opportunities in which they could engage in mutual influence, had more highly developed argument competencies than children who did not have such opportunities. As predicted, this relationship occurred with the argument competencies of problem conception, proposal advocacy and facilitating commitment. Measures of non-collaborative influence opportunities were not associated with argument competencies. Together, the results suggest that discussions in which children are given the opportunity to influence and be influenced with arguments may provide the best context for children to develop their argument skills. (shrink)

In this paper the theoretical power of the concept of robustness is discussed in order to characterize the argumentative competence of a speaker. This notion is countered with the extended use of the idea complexity. As a general background some empirical results are used to support the theoretical discussion. The paper mainly relies on the theory of cultural cognition to situate the category of robustness and offers particular criteria to specify the possible operationalization of the notion. These criteria could (...) later be applied, and even tested, in the analysis of other social behaviours that involve collective intentionality, cooperation and recursivity. En este trabajo se discute el alcance teórico del concepto robustez para caracterizar la competencia argumentativa de un hablante. Se contrapone la categoría al uso extendido de la idea de complejidad. Como referencia se utilizan algunos resultados empíricos para apoyar la discusión. El trabajo se apoya principalmente en el anclaje conceptual proveniente de la cognición cultural para situar la categoría robustez y ofrece criterios particulares que especifican la posible operacionalización de la noción, criterios que podrán luego ser aplicados, e incluso testeados, en el análisis de otros comportamientos sociales que involucran intencionalidad colectiva, cooperación y recursividad. (shrink)

This essay examines the Brazilian deforestation debate to explicate the beginnings of a post-modern theory of argumentation. Modernist argumentation reflects two distinct approaches, found in the deforestation controversy. The first approach, ‘universal minimilization,’ presumes that the survival of humanity is sufficient grounds upon which to base argument. The alternative, ‘strategic manipulation,’ results in argument being employed as a technical device to advance one's interest. In place of the modernist approach, we offer an ecocentric theory of argumentation. This conception calls for (...) individuals to set aside differences in values to sustain humanity but at the same time to be sensitive to differences in costs and benefits that accrue from common efforts to persons differently situated. Additionally, this view operates with a tacit working assumption that environmental questions are not discrete entities to be evaluated separately. Rather, people must act collectively on a range of interconnected issues to ensure survival. (shrink)

In this paper a tentative explanation of the competence of argumentation from an evolutionary point of view is offered. Because in contemporary argumentation theory and the informal logic approach the evolutionary perspective has been neglected, this paper gives an initial overview on the matter with the hope that core aspects of the argumentative faculty—such as argumentative normativity, the function of arguments, or fallacious moves, among others—can be seen differently afterwards. In order to specify the proposal, the main concepts (...) considered are the notion of collective intentionality, cooperation, reputation, niche construction and, of course, basic evolutionary terms. (shrink)

According to some collectivists, purposive groups that lack decision-making procedures such as riot mobs, friends walking together, or the pro-life lobby can be morally responsible and have moral duties. I focus on plural subject- and we-mode-collectivism. I argue that purposive groups do not qualify as duty-bearers even if they qualify as agents on either view. To qualify as a duty-bearer, an agent must be morally competent. I develop the Update Argument. An agent is morally competent only if the agent has (...) sufficient positive and negative control over updating their goal-seeking states. Positive control involves the general ability to update one’s goal-seeking states, whereas negative control involves the absence of other agents with the capacity to arbitrarily interfere with updating one’s goal-seeking states. I argue that even if purposive groups qualify as plural subjects or we-mode group agents, these groups necessarily lack negative control over updating their goal-seeking states. This creates a cut-off point for groups as duty-bearers: Organized groups may qualify as duty-bearers, whereas purposive groups cannot qualify as duty-bearers. (shrink)

There is no agreed minimum standard with regard to what is considered safe, competent nursing care. Limited resources and organizational constraints make it challenging to develop a minimum standard. As part of their everyday practice, nurses have to ration nursing care and prioritize what care to postpone, leave out, and/or omit. In developed countries where public healthcare is tax-funded, a minimum level of healthcare is a patient right; however, what this entails in a given patient’s actual situation is unclear. Thus, (...) both patients and nurses would benefit from the development of a minimum standard of nursing care. Clarity on this matter is also of ethical and legal concern. In this article, we explore the case for developing a minimum standard to ensure safe and competent nursing care services. Any such standard must encompass knowledge of basic principles of clinical nursing and preservation of moral values, as well as managerial issues, such as manpower planning, skill-mix, and time to care. In order for such standards to aid in providing safe and competent nursing care, they should be in compliance with accepted evidence-based nursing knowledge, based on patients’ needs and legal rights to healthcare and on nurses’ codes of ethics. That is, a minimum standard must uphold a satisfactory level of quality in terms of both professionalism and ethics. Rather than being fixed, the minimum standard should be adjusted according to patients’ needs in different settings and may thus be different in different contexts and countries. (shrink)

Bayesian models of legal arguments generally aim to produce a single integrated model, combining each of the legal arguments under consideration. This combined approach implicitly assumes that variables and their relationships can be represented without any contradiction or misalignment, and in a way that makes sense with respect to the competing argument narratives. This paper describes a novel approach to compare and ‘average’ Bayesian models of legal arguments that have been built independently and with no attempt to make them consistent (...) in terms of variables, causal assumptions or parameterization. The approach involves assessing whether competing models of legal arguments are explained or predict facts uncovered before or during the trial process. Those models that are more heavily disconfirmed by the facts are given lower weight, as model plausibility measures, in the Bayesian model comparison and averaging framework adopted. In this way a plurality of arguments is allowed yet a single judgement based on all arguments is possible and rational. (shrink)

Andy believes that p because his tarot cards indicate that p. Betty believes that ∼p because her crystal ball reveals that ∼p. If Andy and Betty know that they disagree, and disagree because they engage in different practices, is Andy's belief that p rational? The answer depends in part on whether Andy has good reasons to think that reading tarot cards is reliable about the topic while reading crystal balls is not. If a person has good reasons to believe that (...) practice P1 is reliable while a competing practice P2 is not, then it is not irrational to form beliefs by engaging in P1. What if a person does not have good reasons to think that one practice is reliable about a topic while competing practices are not, though? In such cases, would Andy's awareness of the existence of competing practices, on its own, be enough to render his belief that p irrational? (shrink)

This book examines the theory and practice of argument in primary, secondary and tertiary education. Several of its chapters offer theoretical discussion of the forms and functions of argument within social, philosophical, historical and rhetorical contexts.

In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment, but not sufficiently competent to refuse it. Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it has sometimes been confused,1 Lawlor also presented a brief case in favour of it. (...) Developing an earlier argument of Ian Wilks’,2 3 Lawlor argued that, when the risks associated with refusing a treatment are graver than those associated with accepting it, a higher level of competence may be required to refuse a treatment than to accept it. This claim could have important implications for the law, since determinations of competence often play a central role in determining the lawfulness of refusing or imposing a treatment. Indeed, the acceptance-refusal asymmetry in competence requirements, or something close to it, has played an important role in court judgments.2 However, Lawlor himself suggests that his conclusion will have practical implications only in a narrow range of cases.3 In this issue, Pickering, Giles Newton-Howes and Simon Walker respond to Lawlor’s piece.4 They deny that competence requirements should depend on the level of risk associated with a decision, and thus that there is any basis for the acceptance-refusal asymmetry in competence requirements. Part of the authors’ argument involves contesting the way in which Lawlor uses cases to support his view. In one case cited by Lawlor—and drawn from Wilks—we are invited to consider a whether …. (shrink)

In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment ( viz., to give consent to it), but not sufficiently competent to refuse it ( viz., to withhold consent to it). Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it (...) has sometimes been confused,1 Lawlor also presented a brief case in favour of it. Developing an earlier argument of Ian Wilks’,2 3 Lawlor argued that, when the risks associated with refusing a treatment are graver than those associated with accepting it, a higher level of competence may be required to refuse a treatment than to accept it. This claim could have important implications for the law, since determinations of competence often play a central role in determining the lawfulness of refusing or imposing a treatment (eg, in England and Wales under the Mental Capacity Act 2005). Indeed, the acceptance-refusal asymmetry in competence requirements, or something close to it, has played an important role in court judgments.2 However, Lawlor himself suggests that his conclusion will have practical implications only in a narrow range of cases.3 In this issue, Pickering, Giles Newton-Howes and Simon Walker (henceforth ‘the authors’) respond to Lawlor’s piece.4 They deny that competence requirements should depend on the level of risk associated with a decision, and thus that there is any basis for the acceptance-refusal asymmetry in competence requirements. Part of the authors’ argument involves contesting the way in which Lawlor uses cases to support his view. In one case cited by Lawlor—and drawn from Wilks—we are invited to consider a whether …. (shrink)

Questions about the relationship between linguistic competence and expertise will be examined in the paper. Harry Collins and others distinguish between ubiquitous and esoteric expertise. Collins places considerable weight on the argument that ordinary linguistic competence and related phenomena exhibit a high degree of expertise. His position and ones which share close affinities are methodologically problematic. These difficulties matter because there is continued and systematic disagreement over appropriate methodologies for the empirical study of expertise. Against Collins, it will be argued (...) that the term ‘expertise’ should be reserved for expertise (esoteric experts) and exclude everyday performance (ubiquitous experts). Wittgensteinian ideas will be employed to maintain that it is mistaken and misleading to derive substantive conclusions about the epistemology of expertise from ordinary linguistic competence and vice versa. Significant attention will be devoted to the notion of following a rule with particular reference to the intelligibility of tacit rule following. A satisfactory theoretical approach to expertise should not involve making important claims about ordinary linguistic competence. (shrink)

Agent relativists about vagueness (henceforth ‘agent relativists’) hold that whether or not an object x falls in the extension of a vague predicate ‘P’ at a time t depends on the judgemental dispositions of a particular competent agent at t. My aim in this paper is to critically examine arguments that purport to support agent relativism by appealing to data from forced-march Sorites experiments. The most simple and direct versions of such forced-march Sorites arguments rest on the following (implicit) premise: (...) If competent speakers' judgements vary in a certain way, then the extensions of ‘P’ as used by these speakers must vary in the same way. This premise is in need of independent support, since otherwise opponents of agent relativism can simply reject it. In this paper, I focus on the idea that one cannot plausibly reject this premise, as that would commit one to implausible claims about linguistic competence. Against this, I argue that one can accommodate the data from forced-march Sorites experiments in a way that is compatible with a plausible picture of linguistic competence, without going agent relativist. Thus, there is reason to be sceptical of the idea that such data paired with considerations about linguistic competence can be invoked in order to lend any solid support to agent relativism. Forced-march Sorites arguments of this kind can, and should be, resisted. (shrink)

I argue against traditional virtue epistemology on which knowledge is a success due to a competence to believe truly, by revealing an in-principle problem with the traditional virtue epistemologist’s explanation of Gettier cases. The argument eliminates one of the last plausible explanation of Gettier cases, and so of knowledge, in terms of non-factive mental states and non-mental conditions. I then I develop and defend a different kind of virtue epistemology, on which knowledge is an exercise of a competence to know. (...) I show how the account, while circular, is not viciously so. It explains both how knowledge is a mental state, as well as the relationship between knowledge and justification, including justified false beliefs and Gettier cases. Moreover, although direct virtue epistemology is compatible with many views on the nature of belief, it can explain how knowledge might be metaphysically more fundamental than belief as well. (shrink)

In this paper, we propose a framework for fostering argumentative skills in a systematic way in Philosophy and Ethics classes. We start with a review of curricula and teaching materials from the German-speaking world to show that there is an urgent need for standards for the teaching and learning of argumentation. Against this backdrop, we present a framework for such standards that is intended to tackle these difficulties. The spiral-curricular model of argumentative competences we sketch helps teachers (...) introduce the relevant concepts and skills to students early on in their school career. The focus is on secondary schools, but the proposal can also be of use for learning and teaching in universities, especially in introductory classes. (shrink)

Knobe's argument rests on a way of distinguishing performance errors from the competencies that delimit our cognitive architecture. We argue that other sorts of evidence than those that he appeals to are needed to illuminate the boundaries of our folk capacities in ways that would support his conclusions.

I argue that wrongdoers may be open to moral blame even if they lacked the capacity to respond to the moral considerations that counted against their behavior. My initial argument turns on the suggestion that even an agent who cannot respond to specific moral considerations may still guide her behavior by her judgments about reasons. I argue that this explanation of a wrongdoer’s behavior can qualify her for blame even if her capacity for moral understanding is impaired. A second argument (...) is based on the observation that even when a blameworthy wrongdoer could have responded to moral considerations, this is often not relevant to her blameworthiness. Finally, I argue against the view that because blame communicates moral demands, only agents who can be reached by such communication are properly blamed. I contend that a person victimized by a wrongdoer with an impaired capacity for moral understanding may protest her victimization in a way that counts as a form of moral blame even though it does not primarily express a moral demand or attempt to initiate moral dialogue. (shrink)

Studies focusing on debate as pedagogy have been gaining attention recently. However, most research has employed policy debate, which is a traditional debate style. Parliamentary debate, which is an impromptu debate style, has been recently gaining popularity worldwide. As minimal research exists on parliamentary debate as pedagogy, the present study examined the correlations between parliamentary debate participation, communication competence, communication apprehension, argumentativeness, and willingness to communicate. Moreover, this study aimed to investigate the unique characteristics of communication variables and correlations with (...) the experience of participating in a parliamentary debate in a Japanese context, an area that interests many scholars. The results showed some differences in correlations between Japanese and United States samples, which was explained by analyzing a trait of Japanese culture that is characterized as highly contextual. Regarding the correlations between communication variables and parliamentary debate participation, significant differences were found for all variables except for communication competence, where less communication apprehension, more argument approach, less argument avoidance, and more willingness to communicate were observed compared to non-debaters. Finally, the study findings revealed that those with parliamentary debate experience obtained lower scores for communication apprehension and higher scores for argumentative approaches compared with those who did not have such experience; the effect sizes were smaller in women than men. These findings suggest that parliamentary debate participation is an effective way to foster communication variables. (shrink)

Over the last 80 years, a major goal of medical educators has been to improve the quality of applicants to medical school and, hence, the resulting doctors. To do this, academic standards have been progressively strengthened. The Medical College Admission Test (MCAT) in the United States and the undergraduate science grade point average (GPA) have long been correlated with success in medical school, and graduation rates have been close to 100 percent for many years. Recent studies have noted that some (...) doctors having difficulties in practice were found to have had similar problems while in school. In this essay, we present a brief historical account of attitudes and approaches to admissions requirements, then discuss basic broad areas of accomplishment in clinical practice: academic mastery, clinical acumen, and professionalism. We then review data that suggest that lack of competency can often be detected very early in a student’s career and may or may not be immune to remediation efforts. We end with a recommendation for a course of action that upholds and fulfills the profession’s social responsibility. This will be a moral argument, defending an aggressive but equitable approach to maintaining both public accountability and trust. (shrink)

In this paper I discuss the view that the appropriate concept of competence is a decision‐relative one: that a person may be competent to make one decision but not another. The argument that I present is that neither of the two competing theories supporting the decision‐relative approach, internalism and externalism, can provide a coherent explanation of why a person’s competence should be thought to be relative to a particular decision. On the one hand, internalism, which regards competence as exhaustively a (...) matter of the person’s understanding, fails to identify the specific skills or content that would warrant linking a specific decision with competence, and thus cannot provide an account of decision‐relative that parallels task‐relative. On the other hand, externalism, which regards competence as a matter of the person’s understanding in relation to external elements such as risk, cannot adequately defend why a person’s competence to make a decision should ‘track’ the level of probable harm that results from the decision. (shrink)

Every year millions of people suffer minor brain injuries, many of which occur in collision sports. While there has been substantial commentary and debate about the nature of this public health crisis, it is clear that the scientific and clinical arguments reflect values preferences and judgments that are often invisible in documents which combine artful language with undue focus paid to sources of uncertainty at the cost of clarity and transparency. This essay gives a brief history of these patterns and (...) proposes a remedy. (shrink)

I criticize Herbert Simon 's argument for the claim that complex natural systems must constitute decomposable, mereological or functional hierarchies. The argument depends on certain assumptions about the requirements for the successful evolution of complex systems, most importantly, the existence of stable, intermediate stages in evolution. Simon offers an abstract model of any process that succeeds in meeting these requirements. This model necessarily involves construction through a decomposable hierarchy, and thus suggests that any complex, natural, i.e., evolved, system is constituted (...) by a decomposable hierarchy. I argue that Stuart Kauffman's recent models of genetic regulatory networks succeed in specifying processes that could meet Simon 's requirements for evolvability without requiring construction through a decomposable hierarchy. Since Kauffman's models are at least as plausible as Simon 's model, Simon 's argument that complex natural systems must constitute decomposable, mereological or functional hierarchies does not succeed. (shrink)

Some bioethicists have argued in favor of a sliding scale notion of competence, paternalistically requiring greater competence in relation to more significant risk. I argue against a sliding scale notion, taking issue with the positions of Allen E. Buchanan and Dan W. Brock, Ian Wilkes, and Joel Feinberg. Rejecting arguments that a sliding scale is supported by legal cases, by ordinary usage, and by fallible judgments about competence, I argue in favor of greater evidence of competence when risk is greater. (...) Two clinical cases are examined, both involving amputation, to show that my fixed concept of competence, with a requirement of clearer evidence of competence when risk is high, better accounts for good moral decisions in bioethics. (shrink)

Mercier and Sperber (2011a, 2011b; Mercier, 2011a, 2011b, 2011c, and 2011d) have presented a stimulating and provocative new theory of reasoning: the argumentative theory of reasoning. They maintain that argumentation is a meta-representational module. In their evolutionary view of argumentation, the function of this module would be to regulate the flow of information between interlocutors through persuasiveness on the side of the communicator and epistemic vigilance on the side of the audience. The aim of this paper is to discuss (...) the perspective of the authors in which they conceive this competence as the natural scenario of reflective reasoning. (shrink)

In 1948, Bertrand Russell and Frederick Copleston entertained us with a radiophonic debate, on the BBC, concerning the rational proofs of God’s existence. This debate is primarily a product of Authors’ mindset. In this sense, every argument on each side presupposes a universal reason from which human intellect can grasp a certain degree of truth. Therefore, we would expect that the debate 75 years old to be outdated. Or maybe, Russell’s agnostic position could, at first sight, seem to be more (...) aligned with a contemporary post-modern mindset than Copleston’s theism. However, we disagree with the aforementioned thesis. We will not argue that Copleston won the debate by means of reason alone. We will rather show that both positions emerge from different ontologies. And these ones are intertwined with specific narratives and its respective ways of life. For that matter, the Russell-Copleston debate substantiates the thesis of Radical Orthodoxy. Deep down, John Milbank’s “ontology of peace,” as opposed to the Nietzschean nihilism, emerges from this debate. In this sense, while Copleston’s argumentation grounds this narrative on an ontology of peace, Russell tends to follow in a nihilism capable of destroying the communion between different persons. In this sense, the debate is still up to date. (shrink)

ABSTRACT Jason Brennan’s recent epistemic argument for epistocracy relies on the assumption that voter competence requires knowledge of economics and political science. He conjectures that people who would qualify as competent are mostly white, upper-middle- to upper-class, educated, employed men, who know better how to promote the interests of the disadvantaged than the disadvantaged themselves. My paper, first, shows that this account of voter competence is too narrow and, second, proposes a modified account of this concept. Brennan mistakenly reasons as (...) though it is obvious that socially disadvantaged and oppressed people, by virtue of lacking sufficient knowledge of political science and economics, do not belong on an epistocratic council. This is because there is another way of being competent: possessing first-personal experience and knowledge unique to disadvantaged or oppressed situatedness. Once voter competence is characterized accurately and more holistically, epistocracy’s problematic implications of privileging already dominant genders, races, and classes, which characterize Brennan’s account, no longer arise. (shrink)

This article presents an argument for the return to the original meaning of the concept value. This is achieved by revisiting the genealogy of the concept and by placing in perspective and questioning the common parlance thereof in contemporary legal discourse. The approach is decidedly against the often casual way in which courts and commentators treat the concept, seemingly as concretisation, validation, exegesis or reinforcement of fundamental norms, but without paying attention to its original meaning and use. It is submitted (...) that we confine our talk of values to the products of valuation, that is, the taste, the will, the esteem and/or perspective of some individual or group. Yet, it is not suggested that we completely discard the use of values discourse in law, the goal is rather to restate the inherent relativity of values language in legal discourse. This will bring necessary order to the current conceptual disarray and will foster mutual understanding and alliance. (shrink)

Public discourse implicitly appeals to what we call the “Traumatic Untrustworthiness Argument” (TUA). To motivate, articulate, and assess the TUA, we appeal to Hawley’s (2019) commitment account of trust and trustworthiness. On Hawley’s account, being trustworthy consists in the successful avoidance of unfulfilled commitments and involves three components: the actual avoidance of unfulfilled commitments, sincerity in one’s taking on elective commitments, and competence in fulfilling commitments one has incurred. In contexts of testimony, what’s at issue is the speaker’s competence and (...) sincere intention to speak truthfully. The TUA targets trauma victims’ competence rather than their sincerity. According to the TUA, empirical evidence shows that trauma undermines victims’ trustworthiness with regard to speaking truthfully about their trauma by undermining their competence to remember the relevant event. We argue that what the evidence shows is rather that remembering traumatic events involves a distinct “mode of manifesting” the competence to remember particular events from the personal past. Trauma victims are competent to speak truthfully about their trauma and ought to be trusted at least with regard to the central details of the event. By suggesting otherwise, the TUA threatens an insidious form of epistemic injustice which Hawley’s account helps us locate. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

Feminists have argued that oppressive socialization undermines the liberal model of autonomy. We contend that this argument can also be employed effectively as a challenge to the standard bioethical model of informed consent. We claim that the standard model is inadequate because it relies on presumptions of procedural autonomy and rational choice that overlook the problem of how agents are often socialized so that they adopt and internalize oppressive norms as part of their motivational structure. The argument that oppressive socialization (...) undermines liberalism’s view of autonomy is most relevant to what Beauchamp and Childress call the threshold elements of informed consent—competence and voluntariness. We show how these elements fail to account for morally relevant factors such as oppressive socialization. (shrink)

Feminists have argued that oppressive socialization undermines the liberal model of autonomy. We contend that this argument can also be employed effectively as a challenge to the standard bioethical model of informed consent. We claim that the standard model is inadequate because it relies on presumptions of procedural autonomy and rational choice that overlook the problem of how agents are often socialized so that they adopt and internalize oppressive norms as part of their motivational structure. The argument that oppressive socialization (...) undermines liberalism’s view of autonomy is most relevant to what Beauchamp and Childress call the threshold elements of informed consent—competence and voluntariness. We show how these elements fail to account for morally relevant factors such as oppressive socialization. (shrink)

Berger and Miller offer a strong argument for how cultural competence in medical education reinforces the racial structures that it purports to address. As social scientists with expertise i...

Plutôt que de prendre le parti d’une critique – par ailleurs légitime – des usages, notamment managériaux, de la compétence éthique, ce texte propose de prendre le concept au sérieux et de tenter de l’éclairer en s’appuyant notamment sur les approches pragmatistes des émotions développées par James, Dewey et Peirce. Plutôt que de privilégier une accentuation délibérative et argumentative des compétences éthiques favorisée par l’efflorescence et la multiplication des « comités d’éthique », il cherche principalement à penser les émotions (...) comme compétences éthiques, tout en en revendiquant une conception cognitiviste. Les « compétences éthiques » sont tout d’abord déployées sous les accentuations possibles de la responsabilité, distinguées selon la grammaire des pronoms personnels, comme autonomie, comme sollicitude, comme souci du collectif, comme accusation... L’éclairage pragmatiste des émotions comme compétences éthiques permet ensuite d’ouvrir à une approche renouvelée de l’« engagement » pensé comme compétence, couvrant un large spectre allant des engagements volontaires, obéissant à des décisions, jusqu’à des engagements à dominante émotionnelle caractéristiques par exemple des « communautés esthétiques », du ressentir, du vibrer ensemble. (shrink)

According to all varieties of virtue reliabilism knowledge is always gained through the exercise of epistemic competences. These competences can be conceived as competences to form true beliefs, or as competences to know. I will present a short but decisive argument against the idea that knowledge is always gained through the exercise of competences to know. The competence to know isn’t necessary for gaining knowledge.

Chomsky's competence/performance distinction has been traditionally understood as a distinction between our knowledge of language and how we put that knowledge to use. While this construal has its purposes, this article argues that the distinction as Chomsky proposes it depends upon no substantiation of the knowledge locution; rather, the distinction is intended to abstract one system out of an ensemble of systems whose integration underlies performance. The article goes on to assess and reject an argument that the knowledge locution, independent (...) of its traditional construal, is of some substance due to the peculiar evidential base of generative theories. (shrink)

Though textbook tu quoque arguments are fallacies of relevance, many versions of arguments from hypocrisy are indirectly relevant to the issue. Some arguments from hypocrisy are challenges to the authority of a speaker on the basis of either her sincerity or competency regarding the issue. Other arguments from hypocrisy purport to be evidence of the impracticability of the opponent’s proposals. Further, some versions of hypocrisy charges from impracticability are open to a counter that I will term tu quoque judo.

The present research paper focuses its objective on clarifying the arguments for establishing the Competency to use the knowledge as the intensively required criteria of knowledge in the present global scenario. For a clear and precise understanding, the present paper has three objectives. The first objective of the present paper is set to deal with definition of the competency of knowledge in general and reflect upon the theories of Competency as given in Indian and Western Philosophy. The second aim of (...) the research paper will be to examine how far the criteria of Competency includes all vital criterion of knowledge truth like universality, certainty and necessity leading towards the objectivity fulfilling the verification and falsification criteria in the process of competent performance and use of knowledge by the performer or user. And lastly the concluding part of present research paper, we shall make an attempt to exhibit how Competency is quintessential requirement in all the field-for example narrative form of knowledge, in the process achieving higher level experience and introspection based knowledge in Yoga and Meditation. (shrink)

If a person is competent to consent to a treatment, is that person necessarily competent to refuse the very same treatment? Risk relativists answer no to this question. If the refusal of a treatment is risky, we may demand a higher level of decision-making capacity to choose this option. The position is known as asymmetry. Risk relativity rests on the possibility of setting variable levels of competence by reference to variable levels of risk. In an excellent 2016 article inJournal of (...) Medical Ethics(JME), Rob Lawlor defends asymmetry of this kind by defending risk relativity, using and developing arguments and approaches found in earlier work such as that of Wilks. He offers what we call the two-scale approach: a scale of risk is to be used to set a standard of competence on a scale of decision-making difficulty. However, can this be done in any rational way? We argue it cannot, and in this sense, and to this extent, risk relativity is a nonsense. (shrink)

Physician-assisted death (PAD) of patients whose suffering does not stem from terminal conditions has become more prevalent during the last few decades. This paper is focused on decision-making competence for PAD, specifically in situations in which PAD is related solely to psychiatric illness. First, a theoretical analysis presents the premises for the argument that competence for physician-assisted death for psychiatric patients (PADPP) should be determined based on a higher threshold in comparison to the required competence for conventional medical interventions. Second, (...) the higher threshold for decision-making competence for PADPP is illustrated. Third, several real PADPP cases are critically discussed, as an illustration to decision-making competence evaluations that would not have met the higher standard. Finally, a short summary of practical suggestions regarding the assessment of decision-making competence for PADPP is presented. Psychiatrists are called to address the ethical, legal, societal and clinical challenges related to PADPP and should be prepared for its probable expansion. (shrink)

In the Inner Chapters, arguments for a variety of different philosophical positions are present, including skepticism, relativism, particularism, and objectivism. Given that these are not all mutually consistent, we are left with the problem of reconciling the tensions among them. The various positions are described and passages from the Inner Chapters are presented illustrating each. A detailed commentary is offered on the opening of the Inner Chapters, arguing that it is best understood in an objectivist fashion. An interpretation is presented (...) of Zhuangzi's view of sagehood that reconciles the various arguments in the text. (shrink)

The present study aims at analyzing the role of nativeness, the amount of input in L1 acquisition and the multilingual competence in the performance of Italian-German bilingual speakers. We compare novel data from the performance of adult L2 learners (L1: Italian; late L2: German) and that of heritage speakers (heritage language: Italian; majority language: German) to previous data from monolingual speakers of Italian. The comparison deals with the produced word order at the syntax-discourse interface in sentences containing New Information Subjects (...) in answers to questions that prompt the identification of the clausal subject. Overall, adult L2 speakers and heritage speakers perform alike but crucially differently from Italian monolinguals. These data reveal that multilingual proficiency determines an increased variety in the adopted answering strategies; in particular, the German-like strategy is active in Italian. Nativeness alone is thus no guarantee for a homogeneous performance across groups, nor do we find similar patterns of performance in speakers who grew up as monolinguals. Data also show heritage speakers’ sensitivity to verb classes, with answering strategies varying in accordance with the verb argument structure. Participants’ productions reveal an interesting relation in sentences with transitive verbs between subject position (pre-/postverbal) and object form (lexical DP/clitic pronoun). (shrink)

This article studies argumentation for acceptability of corporate environmental actions in corporate environmental statements, with emphasis on stakeholder relations and environmental values. Stakeholder theory is commonly taken as the basis for corporate environmental management, and rhetoric typical of the stakeholder approach dominates the field. Although environmental issues are strongly charged with values, the dominant stakeholder approach does not stress the value dimension. The data of the study consists of environmental statements by Finnish forerunning business corporations in the forefront of corporate (...) environmental responsibility. The results of the study indicate that the statements argue for the acceptability of corporate environmental actions through three power-related rhetorical forms that are competing ways to produce acceptability in the data: dominance, subordination and equality, and joint action. Each rhetorical form describes a power-based relationship between stakeholders and the corporation and leans on a specific value type producing legitimacy for that rhetoric form. (shrink)

According to non-cognitivism, moral sentences and judgements do not aim to represent how things morally are. This paper presents an empirical argument against this view. We begin by showing that non-cognitivism entails the prediction that after some reflection competent ordinary speakers’ semantic intuitions favor that moral sentences and judgements do not aim to represent how things morally are. At first sight, this prediction may seem to have been confirmed by previous research on folk metaethics. However, a number of methodological worries (...) lead us to doubt this interpretation. We, therefore, conducted a psychological study that alleviates these worries as far as possible. It turned out that competent ordinary speakers’ reflective semantic intuitions dominantly fail to favor that moral sentences do not aim to represent how things morally are. This challenge to non-cognitivism is defended and supplemented by considering deflationary theories of moral truth and middle ground theories in the cognitivism/non-cognitivism debate. (shrink)

An argument evaluation inventory distinguishing between different levels of theory-evidence differentiation was designed corresponding to the levels of argument observed in argument generation tasks. Five scenarios containing everyday theories about a social problem, and arguments to support those theories were presented to 170 participants from two age groups (15 and 22 years) and different educational tracks. Participants had to rate the validity of arguments proposed by a story figure, to support the theory, to choose the best argument, and to justify (...) their choice. The rating task proved to be very difficult for all age groups, with only 49% of the university students consistently rating valid evidence-based arguments higher than flawed arguments. Competence improved with age and educational level. In the choice task more than 80% of the adults preferred an argument that reflected theory-evidence differentiation over mere theory elaboration or flawed reasoning. However, only adults with a university education were able to also explicitly justify their choice. Overall, these findings imply that laypersons have similar conceptual problems in differentiating theory from evidence as it has been reported for evidence generation tasks (Kuhn, 1991). Performance on the choice task suggests that some implicit awareness of differences between theory and evidence may precede a full, explicit understanding. Implications for education are discussed. (shrink)

Alasdair MacIntyre’s paper ‘The idea of an educated public’ followed on his frontal attack in After Virtue on the ‘failed’ intellectual project of the Enlightenment and on its liberal heritage. His argument, in the paper, was that the only way we can save ourselves from that failure is by restoring the idea of an educated public modelled on the type found in eighteenth century Scotland. This article takes up the issue of the ‘crisis’ of modernity, and argues that MacIntyre’s ‘public’ (...) is just one possible one and not necessarily the best. Other, competing conceptions of an educated public have been proposed, among others by Dewey and Habermas, that do not necessitate the conservative solution of going back to the past. (shrink)

Harvey Siegel argues that minimum competency testing (MCT) is incompatible with strong sense critical thinking. His arguments are reviewed and contrasted with positions held by John E. McPeck and Michael Scriven. Siegel's arguments seem directed against the prevailing form of MCT. However, alternative formats which allow for the aggregate and context-sensitive nature of critical thinking are not doomed to the arbitrariness Siegel finds. MCT may be a legitimate and useful means for furthering critical thinking as one of our educational ideals.