Authors have a lot of leeway with regard to what they can make true in their story. In general, if the author says that p is true in the fiction we’re reading, we believe that p is true in that fiction. And if we’re playing along with the fictional game, we imagine that, along with everything else in the story, p is true. But there are exceptions to these general principles. Many authors, most notably Kendall Walton and Tamar Szabó (...) Gendler, have discussed apparent counterexamples when p is “morally deviant”. Many other statements that are conceptually impossible also seem to be counterexamples. In this paper I do four things. I survey the range of counterexamples, or at least putative counterexamples, to the principles. Then I look to explanations of the counterexamples. I argue, following Gendler, that the explanation cannot simply be that morally deviant claims are impossible. I argue that the distinctive attitudes we have towards moral propositions cannot explain the counterexamples, since some of the examples don’t involve moral concepts. And I put forward a proposed explanation that turns on the role of ‘higher-level concepts’, concepts that if they are satisfied are satisfied in virtue of more fundamental facts about the world, in fiction, and in imagination. (shrink)

Kendall Walton's ‘Categories of Art’ is one of the most famous and, arguably, most important papers in modern aesthetics. Despite this, and the various references to it and discussions of it within the literature, there are no general commentaries on this essay. In addition to outlining a general framework for approaching the article, I identify and explicate the two main exegetical issues regarding it. The first concerns how to understand Walton's main thesis that the aesthetic character of artworks (...) is determined, in part, by their ‘correct category’. I suggest that the traditional interpretation of Walton's proposal is mistaken, and defend an alternative view at length. The second issue concerns the relationship between Walton's view and competing accounts of the aesthetics of artworks. Here I suggest that Walton's position is unique, contrasting the views of both typical formalists, on the one hand, and ordinary contextualists, on the other, in philosophically significant ways. Careful reflection on this particular issue helps reveal some very important distinctions among aesthetic theories, which have not been previously drawn or emphasized. (shrink)

most famous and, arguably, most important papers in modern aesthetics. Despite this, and the various references to it and discussions of it within the literature, there are no general commentaries on this essay. In addition to outlining a general framework for approaching the article, I identify and explicate the two main exegetical issues regarding it. The first concerns how to understand Walton's main thesis that the aesthetic character of artworks is determined, in part, by their ‘correct category’. I suggest (...) that the traditional interpretation of Walton's proposal is mistaken, and defend an alternative view at length. The second issue concerns the relationship between Walton's view and competing accounts of the aesthetics of artworks. Here I suggest that Walton's position is unique, contrasting the views of both typical formalists, on the one hand, and ordinary contextualists, on the other, in philosophically significant ways. Careful reflection on this particular issue helps reveal some very important distinctions among aesthetic theories, which have not been previously drawn or emphasized. CiteULike Connotea Del.icio.us What's this? (shrink)

In this paper, I argue that dialogue between legal philosophers and social scientists can be mutually beneficial. Nicola Lacey offers a vision of jurisprudence that supposes as much. I start by setting out my interpretation of her view. I then defend its potential, which she takes for granted, from the challenges posed by, first, an apparent friend—Brian Leiter—and, second, obvious adversaries—Joseph Raz and others. My response proposes an alternative to their conceptions of legal philosophy, one that is consistent with (...) my understanding of the approach to jurisprudence that Lacey recommends. (shrink)

Mimesis as Make-Believe is important reading for everyone interested in the workings of representational art.

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. (...) class='Hi'>Walton identifies and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. (shrink)

Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes (...) into account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...) such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

We provide a new interpretation of Zeno’s Paradox of Measure that begins by giving a substantive account, drawn from Aristotle’s text, of the fact that points lack magnitude. The main elements of this account are (1) the Axiom of Archimedes which states that there are no infinitesimal magnitudes, and (2) the principle that all assignments of magnitude, or lack thereof, must be grounded in the magnitude of line segments, the primary objects to which the notion of linear magnitude applies. Armed (...) with this account, we are ineluctably driven to introduce a highly constructive notion of (outer) measure based exclusively on the total magnitude of potentially infinite collections of line segments. The Paradox of Measure then consists in the proof that every finite or potentially infinite collection of points lacks magnitude with respect to this notion of measure. We observe that the Paradox of Measure, thus understood, troubled analysts into the 1880’s, despite their knowledge that the linear continuum is uncountable. The Paradox was ultimately resolved by Borel in his thesis of 1893, as a corollary to his celebrated result that every countable open cover of a closed line segment has a finite sub-cover, a result he later called the “First Fundamental Theorem of Measure Theory.” This achievement of Borel has not been sufficiently appreciated. We conclude with a metamathematical analysis of the resolution of the paradox made possible by recent results in reverse mathematics. (shrink)

Husserl proceeds to show how a world-representation emerges from our world-experience, and how an idea of the world plays a role in the expansion of world-representations. He also draws our attention to the appropriation of other world-representations in a process of adjustment and compensation leading to intersubjective world-representations, and offers an analysis of the status of world-representations within transcendental phenomenology. In this article I will underline the relevance of Husserl’s concept of horizonedness to the characterization of the three levels of (...) world-experience, worldrepresentation, and the world as an idea. In getting clear on this relevance several points must be emphasized. (shrink)

Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to identifying, analyzing, and evaluating the pro and con arguments put forward by both sides in a trial. In this chapter, it is shown how to apply argumentation (...) schemes, such as argument from witness testimony, using argument diagrams applied to typical sequences of evidence-based legal reasoning in which there is a successive refinement of arguments displayed as the evidence comes into a case. It is shown how argument from applying rules to cases, teleological, argument from expert witness testimony, and abductive reasoning are centrally important for this purpose. (shrink)

Normative Externalism argues that it is not important that people live up to their own principles. What matters, in both ethics and epistemology, is that they live up to the correct principles: that they do the right thing, and that they believe rationally. This stance, that what matters are the correct principles, not one's own principles, has implications across ethics and epistemology. In ethics, it undermines the ideas that moral uncertainty should be treated just like factual uncertainty, that moral ignorance (...) frequently excuses moral wrongdoing, and that hypocrisy is a vice. In epistemology, it suggests we need new treatments of higher-order evidence, and of peer disagreement, and of circular reasoning, and the book suggests new approaches to each of these problems. Although the debates in ethics and in epistemology are often conducted separately, putting them in one place helps bring out their common themes. One common theme is that the view that one should live up to one's own principles looks less attractive when people have terrible principles, or when following their own principles would lead to riskier or more aggressive action than the correct principles. Another common theme is that asking people to live up to their principles leads to regresses. It can be hard to know what action or belief complies with one's principles. And now we can ask, in such a case should a person do what they think their principles require, or what their principles actually require? Both answers lead to problems, and the best way to avoid these problems is to simply say people should follow the correct principles. (shrink)

"In this groundbreaking book Jean Walton subjects psychoanalysis to a sustained and highly illuminating ethnographic critique.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 33.2 (2000) 101-115 [Access article in PDF] Case Study of the Use of a Circumstantial Ad Hominem in Political Argumentation Douglas Walton In the 1860s, Northern newspapers attacked Lincoln's policies by attacking his character, using the terms drunk, baboon, too slow, foolish, and dishonest. Steadily on the increase in political argumentation since then, the argumentum ad hominem has been carefully refined as an instrument of (...) "oppo tactics" and "going negative" by the public relations experts who now craft political campaigns at the national level. It has been so prominently used in the major political campaigns, debates, and advertisements of the past few years that there has even been a reaction against it--a feeling that we have gone too far in this direction and that some kind of restraint is needed. 1 But there has been no evidence of such restraint in the argumentation used in recent campaigns. Perhaps what might be helpful is a better understanding on the part of voters and campaigners of how to evaluate ad hominem arguments critically.How does the ad hominem argument really work as a way of molding public opinion, why is it so often so effective, and how can it be defended against? How can it be evaluated as a clearly identifiable type of argument, by some kind of objective standards, in a way that can be applied to particular cases? These appear to be tough questions, but recent research has made some not inconsiderable progress toward answering them.The purpose of this article is to present a new case study of a type of argument commonly used in political discourse, a case study that makes use of the dialectical normative framework for identifying and evaluating personal attack (ad hominem) arguments that is developed in a series of works by Henry W. Johnstone Jr. (1952); Alan Brinton (1985, 1995); Frans H. van Eemeren and Rob Grootendorst (1984, 1995); Erik C. W. Krabbe and Douglas N. Walton (1993), Walton (1989, chap. 6; 1998); and van Eemeren, Grootendorst, Francisca Snoeck Henkemans et al. (1996). This particular case, although typical of so many ad hominem arguments currently [End Page 101] in use in political discourse, has some special features that turn out to be quite interesting not only in showing how the dialectical framework applies to cases, but also in advancing our knowledge of how the ad hominem type of argument works in political argumentation in a democratic system for which the media reportage of events is a big factor in influencing voting. 1. Framework for analysis and evaluation Although the argumentum ad hominem, or personal attack argument, has been traditionally treated as a fallacy in logic, recent research in argumentation (as cited above) shows that, in many cases,--including cases in political argumentation--ad hominem arguments, as used in conversational arguments, are not fallacious. Research has shown that, while some personal attack arguments can definitely be judged fallacious, many others are quite reasonable (when evaluated in the appropriate context), while still others should be evaluated as weak (insufficiently supported) but not fallacious. As shown in this case study, the real function of an ad hominem argument (when properly used) is to attack an arguer's credibility in order to criticize the argument she advocates.Before going any further, it is necessary to define some terminology brought to use in the research cited above. An ad hominem argument is the use of personal attack in a dialogue exchange between two parties, where the one party attacks the character of the other party as bad, in some respect, and then uses this attack as a basis for criticizing the other party's argument. An argument is fallacious if it is a special baptizable (Johnson 1987) type of argument that is used by one party in a dialogue exchange in such a way that it blocks or interferes with the collaborative realization of the goal of the type of dialogue in which the two participants are supposed to be engaged (Walton 1995). Thus, there is a difference between a weak... (shrink)

This study investigates the processes involved in the shaping of a society's economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines. The founder of modern economics, Adam Smith, likewise had a keen interest in this topic. However, with the development of economic science, scholarly assessment has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed morality of profit-making scale, the authors sought to understand how (...) respondents' economic ethical worldview shifts over time. Specifically, we theorized that the news media's copious negative coverage of the gasoline price crisis of 2006 would significandy impact individuals' MPM worldview. The results show that respondents' explicit attitudes toward MPM were significantly impacted. However, respondents' more deeply held, implicit economic ethical worldview was only slightly impacted. The authors argue that only patient, long-term explanation and argumentation can permanently affect a society's economic ethos. Implications and future research directions for business researchers are oudined. (shrink)

This study utilizes an exploratory research design to investigate the influence of historical socialism and communism on the shaping of a society’s economic ethos. The discussion of ethics and economics has a very long history across multiple disciplines including the founder of modern economics, Adam Smith. However, with the growth of economic science, academic consideration has shifted toward positive analysis while normative analysis has been left mainly to philosophers. By utilizing the newly developed Morality of Profit-Making scale, the authors sought (...) to understand how historical socialism and communism influences respondents’ economic ethical worldview utilizing an exploratory research design. Data were collected from respondents in the Czech Republic, Slovenia, Slovakia, Serbia, Poland, and Hungary. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

Synthese: An International Journal for Epistemology, Logic and Philosophy of Science, 157, 2007, 197-240. Published version available at: http://www.springerlink.com/content/q9402gv46t415504/fulltext.pdf.

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)

Abstract Kant claims that the basis of a judgment of taste is a merely subjective representation and that the only merely subjective representations are feelings of pleasure or displeasure. Commentators disagree over how to interpret this claim. Some take it to mean that judgments about the beauty of an object depend only on the state of the judging subject. Others argue instead that, for Kant, the pleasure we take in a beautiful object is best understood as a response to its (...) qualities, and that, accordingly, feelings of pleasure or displeasure are no different from other representations, such as colors or smells. While I agree that the judgment of taste is best understood as asserting a claim about an object's qualities, I argue that the distinction Kant makes between feelings of pleasure or displeasure and other representations should not be ignored. I show that one's liking or disliking for an object is merely subjective in the sense that its significance depends on what one has made of oneself through one's aesthetic education. The judgment of taste, then, is merely subjective because one must first become the kind of person whose feelings have the right significance at the right time before one can determine whether an object's qualities make it beautiful. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

INTRODUCTION BY THE EDITORS Gilbert Ryle, in his Concept of Mind (1949), attacked volitional theories of human actions; JL Austin, in his "If and Cans" ...

The relation between the Greek and Judeo-Christian traditions is "the great problem" of Western philosophy, according to Emmanuel Levinas. In this book Brian Schroeder, Silvia Benso, and an international group of philosophers address the relationship between Levinas and the world of ancient thought. In addition to philosophy, themes touching on religion, mythology, metaphysics, ontology, epistemology, ethics, and politics are also explored. The volume as a whole provides a unified and extended discussion of how an engagement between Levinas and thinkers (...) from the ancient tradition works to enrich understandings of both. This book opens new pathways in ancient and modern philosophical studies as it illuminates new interpretations of Levinas' ethics and his social and political philosophy. (shrink)

Although fallacies have been common since Aristotle, until recently little attention has been devoted to identifying and defining them. Furthermore, the concept of fallacy itself has lacked a sufficiently clear meaning to make it a useful tool for evaluating arguments. Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies. Walton uses case studies illustrating familiar arguments and tricky deceptions in everyday conversation where the charge (...) of fallaciousness is at issue. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate arguments as fallacious. Walton looks at how an argument is used in the context of conversation. He defines a fallacy as a conversational move, or sequence of moves, that is supposed to be an argument that contributes to the purpose of the conversation but in reality interferes with it. The view is a pragmatic one, based on the assumption that when people argue, they do so in a context of dialogue, a conventionalized normative framework that is goal-directed. Such a contextual framework is shown to be crucial in determining whether an argument has been used correctly. Walton also shows how examples of fallacies given in the logic textbooks characteristically turn out to be variants of reasonable, even if defeasible or questionable arguments, based on presumptive reasoning. This is the essence of the evaluation problem. A key thesis of the book, which must not be taken for granted as previous textbooks have so often done, is that you can spot a fallacy from how it was used in a context of dialogue. This is an innovative and even, as Walton notes, "a radical and controversial" theory of fallacy. (shrink)

Puesto que la filosofía de Merleau-Ponty hasido presentada explícitamente como una filosofía de la ambigüedad, es necesario examinar el significado y el alcance de esta noción a lo largo de su desarrollo. En primer lugar, se contrapone la ambigüedad a la ambivalencia en razón de que ésta no nos permite alcanzar intelecciones claras, se diferencian sus dos sentidos -existencial y conceptual-, y se señala su asociación con la dialéctica. Luego el artículo continúa con el examen de las ambigüedades que caracterizaa (...) la relación entre cuerpo y espíritu,lenguaje y espíritu, e historia y coexistencia.Por último, se intenta mostrar la perspectiva para el humanismo que surge de una situación en que la contingencia tiene un papel decisivo, de modo que ningún principio explicativo puede eliminar las dificultades o la opacidad en la interacción social. (shrink)