Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

As Socrates famously noted, there is no more important question than how we ought to live. The answer to this question depends on how the reasons that we have for living in various different ways combine and compete. To illustrate, suppose that I've just received a substantial raise. What should I do with the extra money? I have most moral reason to donate it to effective charities but most self-interested reason to spend it on luxuries for myself. So, whether I (...) should live my life as I have most moral reason to live it or as I have most self-interested reason to live it depends on how these and other sorts of reasons combine and compete to determine what I have most reason to do, all things considered. This Element seeks to figure out how different sorts of reasons combine and compete to determine how we ought to live. (shrink)

Would compulsory treatment or vaccination for Covid-19 be justified? In England, there would be significant legal barriers to it. However, we offer a conditional ethical argument in favour of allowing compulsory treatment and vaccination, drawing on an ethical comparison with external constraints—such as quarantine, isolation and ‘lockdown’—that have already been authorised to control the pandemic. We argue that, if the permissive English approach to external constraints for Covid-19 has been justified, then there is a case for a similarly permissive approach (...) to compulsory medical interventions. (shrink)

Some right acts have what philosophers call moral worth. A right act has moral worth if and only if its agent deserves credit for having acted rightly in this instance. And I argue that an agent deserves credit for having acted rightly if and only if her act issues from an appropriate set of concerns, where the appropriateness of these concerns is a function what her ultimate moral concerns should be. Two important upshots of the resulting account of moral worth (...) are that (1) an act can have moral worth even if it doesn’t manifest a concern for doing what’s right and that (2) an act can lack moral worth even if it is performed for the right reasons. (shrink)

Governments are increasingly using randomized controlled trials (RCTs) to evaluate policy interventions. RCTs are often understood to provide the highest quality evidence regarding the causal efficacy of an intervention. While randomization plays an essential epistemic role in the context of policy RCTs however, it also plays an important distributive role. By randomly assigning participants to either the intervention or control arm of an RCT, people are subject to different policies and so, often, to different types and levels of benefits. In (...) this paper, I identify one necessary condition as well as a set of sufficient conditions for the permissible use of random assignment by government agencies. I argue first that random assignment is permissible only if it is consistent with governments’ duty to realize morally important outcomes. I argue second that random assignment is permissible in cases where investigators are in a state of genuine equipoise regarding all arms of the experiment and the policy to which people have a claim of justice. Finally, I defend a set of conditions under which random assignment is permissible in cases where one or more arms of a policy RCT are reasonably expected to be either superior or inferior to this policy. (shrink)

Is the flavor of mint reducible to the minty smell, the taste, and the menthol-like coolness on the roof of one’s mouth, or does it include something over and above these—something not properly associated with any one of the contributing senses? More generally, are there features of perceptual experiences—so-called novel features—that are not associated with any of our senses taken singly? This question has received a lot of attention of late. Yet surprisingly little attention has been paid to the question (...) of what it means to say that a feature is associated with a sensory modality in the first place. Indeed, there is only one fully developed proposal in the literature, due to Casey O’Callaghan. I argue that this proposal is too permissive to inform the debate over novel features. I go on to argue that all attempts to formulate a better proposal along these lines fail. The corollary of my arguments is that the question of the existence of novel features is poorly formed. Furthermore, the problem generalizes, with the result that we should not rely on our pre-theoretical notions of the senses as the basis of theorizing about the features of perceptual experiences. (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)

Drawing on a survey of over 4000 students and 1300 faculty members at the University of Maryland Global Campus, we find evidence for a reconceptualization of the use of commercialized websites offering access to “tutors” or “study help” as a type of collaborative cheating. Past studies have examined this behavior as an extension of contract cheating, but we find that students perceive the use of these sites very differently than they perceive contract cheating behaviors. In this paper we will discuss (...) how “tutor” or “study helper” websites combine the phenomena of collaborative cheating with internet-driven shifts in cultural and social perceptions to create a new type of cheating behavior that is viewed differently by students and faculty. (shrink)

Governments often aim to improve children’s wellbeing by targeting the decision-making of their parents. In this paper, I explore this phenomenon, providing an ethical evaluation of the ways in which governments target parental decision-making in the context of anti-poverty policies. I first introduce and motivate the concept of parent-targeted paternalism to categorize such policies. I then investigate whether parent-targeted paternalism is ever pro tanto wrong, arguing that it is when directed at parents who meet a threshold of parental competency. I (...) next explore the factors that affect the degree of pro tanto wrongness of paternalistic anti-poverty policies targeting parents, and provide an account of the conditions under which such policies are on balance permissible, and when they are not. Finally, I illustrate the plausibility and usefulness of my framework by considering a case. (shrink)

SUMMARYThis paper discusses the scientific instruments made and used by the microscopist Antony van Leeuwenhoek. The immediate cause of our study was the discovery of an overlooked document from the Delft archive: an inventory of the possessions that were left in 1745 after the death of Leeuwenhoek's daughter Maria. This list sums up which tools and scientific instruments Leeuwenhoek possessed at the end of his life, including his famous microscopes. This information, combined with the results of earlier historical research, gives (...) us new insights about the way Leeuwenhoek began his lens grinding and how eventually he made his best lenses. It also teaches us more about Leeuwenhoek's work as a surveyor and a wine gauger.A further investigation of the 1747 sale of Leeuwenhoek's 531 single lens microscopes has not only led us to the identification of nearly all buyers, but also has provided us with some explanation about why only a dozen of this large number of microscopes has survived. (shrink)

Douglas N. Walton considers the question of whether the conventions of informal conversation can be articulated more precisely than they are at present. Specifically, he addresses the problem of the fallacy of ad hominem argumentation as it occurs in natural settings. Can rules be formulated to determine if criticisms of apparent hypocrisy in an argument are defensible or refutable? Walton suggests that they can, and ultimately defends the thesis that ad hominem reasoning is not fallacious per se. He carries (...) his analysis to the core of action--theoretic reasoning--by examining a number of specimen arguments. As suggested by the title, the conclusion of ad hominem argument is demonstrated to be relative to the arguer's position. In the appendixes of the book, articles by Gerald McAuliffe and Gordon R. Lowe illustrate vivid and powerful cases in which Walton's contentions are put to the test. (shrink)

The multiplicity of deubiquitinating enzymes (DUBs) encoded by vertebrate genomes is partly attributable to whole genome duplication events that occurred early in chordate evolution. By surveying the literature for the largest family of DUBs (the ubiquitin-specific proteases), extensive functional redundancy for duplicated genes has been confirmed as opposed to singletons. Dramatically conflicting results have been reported for loss of function studies conducted through RNA interference as opposed to inactivating mutations, but the contradictory findings can be reconciled by a recently proposed (...) compensatory mechanism involving nonsense-mediated RNA degradation. Duplicated genes are often inactivated to become pseudogenes, and it is proposed that such is the fate of the USP15 gene of zebrafish, a commonly used model system. As it is reviewed here, these observations have implications not only for the interpretation of model system phenotypes but also for therapeutic interventions designed to target DUBs. (shrink)

This essay was completed in January 2016 and accepted for publication in a collection on occasionalism by Nazif Muhtaroglu. It attempts to update the doctrine of occasionalism to make it independent of theism and fit better with contemporary physics and a modern understanding of causation. We find that modern physics provides an avenue to support the essential core of occasionalism.

In the 1950s–60s biochemists searched intensively for a series of high-energy molecules in the cell. Although we now believe that these molecules do not exist, biochemists claimed to have isolated or identified them on at least sixteen occasions. The episode parallels the familiar eighteenth-century case of phlogiston, in illustrating how error is not simply the loss of facts but, instead, must be actively constructed. In addition, the debates surrounding each case demonstrate how revolutionary-scale disagreement is sometimes resolved by differentiating or (...) partitioning empirical domains, rather than by replacement of one theory by another. (shrink)

PrefaceList of AbbreviationsChapter One: The Mathematical Career of the Monster of MalmesburyChapter Two: The Reform of Mathematics and of the UniversitiesIdeological Origins of the DisputeChapter Three: De Corpore and the Mathematics of MaterialismChapter Four: Disputed FoundationsHobbes vs. Wallis on the Philosophy of MathematicsChapter Five: The "Modern Analytics" and the Nature of DemonstrationChapter Six: The Demise of Hobbesian GeometryChapter Seven: The Religion, Rhetoric, and Politics of Mr. Hobbes and Dr. WallisChapter Eight: Persistence in ErrorWhy Was Hobbes So Resolutely Wrong?Appendix: Selections from (...) Hobbes's Mathematical WritingsReferencesIndex Copyright © Libri GmbH. All rights reserved. (shrink)

In some recent cases in Anglo-American law juries ruled contrary to an expert's testimony even though that testimony was never challenged, contradicted or questioned in the trial. These cases are shown to raise some theoretical questions about formal dialogue systems in computational dialectical systems for legal argumentation of the kind recently surveyed by Bench-Capon (1997) and Hage (2000) in this journal. In such systems, there is a burden of proof, meaning that if the respondent questions an argument, the proponent is (...) obliged to offer some support for it give it up. But what should happen in a formal system of dialogue if the proponent puts forward an argument and the respondent fails to critically question it, and simply moves on to another issue? Is this some kind of fault that should have implications? Should it be taken to imply that, by default, the respondent has conceded the argument? What, if anything, should be the outcome of such a failure to question in a formal dialogue system of argumentation? These questions are considered by examining some legal cases of expert opinion testimony in relation rules for formal dialectical argumentation systems. (shrink)

Journal of Applied Logic, to appear [uncorrected version posted].

We describe here an interdisciplinary lab science course for non-majors using the history of science as a curricular guide. Our experience with diverse instructors underscores the importance of the teachers and classroom dynamics, beyond the curriculum. Moreover, the institutional political context is central: are courses for non-majors valued and is support given to instructors to innovate? Two sample projects are profiled.

In the 1960s, human experimentation and public funding of research increased significantly, and with the rise of the modern teaching hospital, the distinction between clinical care and experimentation became more and more blurred. Yet little in the way of meaningful government regulation existed in the United States prior to 1970. In 1966, Paul Freund, the president of the American Academy of Arts and Sciences, appointed an interdisciplinary working group to consult on the issues being raised by human experimentation. Contributions from (...) the group were published in a 1969 issue of Daedalus titled Ethical Aspects of Experimentation with Human Subjects. In the lead essay, Hans Jonas challenged then‐conventional understandings of the moral problems posed by research involving humans and argued for an alternative moral framework. To Jonas, it mattered whether the physician was trying to make the patient well rather than trying to find out how to improve the health of future patients. (shrink)

Despite publishing nearly forty books between 1963 and 2003, Jeff Nuttall remains a minor figure in the history of the International Underground of the long 1960s. Drawing on his uncatalogued papers at the John Rylands Library, this article seeks to recoup Nuttall as one of the key architects of the International Underground. In so doing, my article argues that Nuttalls contributions to global counterculture challenge the critical consensus that British avant-garde writers were merely imitators of their US counterparts. By exploring (...) the impact of Nuttalls My Own Mag and Bomb Culture, it can be shown that Nuttall was a central catalyst of, and contributor to, the International Underground. As a poet, novelist and artist, Nuttalls multidisciplinary contributions to art were at the forefront of avant-garde practices that sought to challenge the perceived limitations of the novel as a social realist document and visual art as a medium confined to canvas. (shrink)

The exhibition Off Beat: Jeff Nuttall and the International Underground showcases the archive of Jeff Nuttall, a painter, poet, editor, actor and novelist. As the exhibition illustrates, Nuttall was a central figure in the International Underground during the 1960s through to the early 1970s. During this time he collaborated with a vast network of avant-garde writers from across the globe, as well as editing the influential publication My Own Mag between 1963 and 1967.

Dominant in mid-century, the auteur theory of cinema elevated the director of a film to a position of artistic eminence. The theory was eroded by theoretical attacks and by the rise of big-budget computer-driven action films. This chapter explores the further decline in the auteur theory wrought by the contemporary rise of the television mini-series. Various twenty-first-century mini-series have been critically acclaimed, but in most cases, these mini-series have multiple directors. There remains an aesthetic problem: can there be an integrated (...) work of art when there is no integrating artist? (shrink)

The intellectualistic analysis of conscience Aquinas provides appears to regard conscience as mechanistic and undynamic. Such understanding fails to place Aquinas’s remarks on conscience in the context of the virtue ethics he offers in the Summa and his Commentary on the Nicomachean Ethics. In fact, there is an intricate connection between the virtues and conscience in Aquinas’s thought, and this connection relates directly to his remarks on weakness of will. His connecting conscience to issues in Aristotelian virtue ethics affects subsequent (...) discussions of conscience in significant ways. (shrink)

Der Band versammelt philosophische Beiträge, die den Theorietyp des Autonomieperfektionismus in historischer und systematischer Perspektive beleuchten. Im Zuge von Kants Kritik an früheren perfektionistischen Ethikentwürfen entsteht ein neuer Theorietyp, der nicht wie die früheren Konzeptionen auf die Beförderung von Glück abzielt, sondern auf die Beförderung von Freiheit, die Bedingungen ihrer Ausübung sowie eine Bestimmung der Grenzen staatlicher Interventionen. Die Beiträge beschäftigen sich in historisch-systematischer Absicht mit Positionen des 18. und 19. Jahrhunderts und bieten Darstellungen zu Fichte, Schiller, Humboldt, Hegel, den (...) Britischen Idealisten und anderen Autoren. The volume collects philosophical contributions dealing with a "perfectionism of autonomy" in a historical and systematic perspective. Unlike former perfectionist approaches focusing on Eudaimonia, the ethical conceptions developing in the 18th century and beyond in the course of a Kantian critique focus on the realization and promotion of freedom as well as on the legal and social conditions of people's exercise of freedom. (shrink)

This work investigates the complexity of ethics as a field of inquiry and practice across a principal's career. Fully contextualized, and thus carrying the contradictions and requirements of any school, the issues realistically do not usually lead to a single, beat-all answer, as any solution will likely have positive and negative consequences. Drawn from the authors' experiences and studies of schools over decades, the central figure is a fictional principal of a magnet school, whose dilemmas reflect the questions educators must (...) be prepared for. Each decision takes into account the principal's and staff's identities and values because they are all human and their opinions influence the outcomes. The work injects analytic, virtue, feminist, care, deontological, and critical theory insights as Deweyan ethics provides a lens for examining dilemmas. This accessible work blends reflective theory, the ordinary worlds of schools, and engaging pedagogical practice to guide those planning to enter the education sector. (shrink)

I highlight a category of experiment-what I am calling 'demonstrations'-that differs in justificatory mode and argumentative role from the more familiar 'crucial tests'. 'Tests' are constructed such that alternative results are equally and symmetrically informative; they help discriminate between alternative solutions within a problem-field, where questions are shared. 'Demonstrations' are notably asymmetrical (for example, "failures" are often not telling), yet they are effective, if not "crucial," in interparadigm dispute, to legitimate questions themselves. The Ox-Phos Controversy in bioenergetics serves as an (...) integral case study. (shrink)

We describe an error type that we call the naturalizing error: an appeal to nature as a self-justified description dictating or limiting our choices in moral, economic, political, and other social contexts. Normative cultural perspectives may be subtly and subconsciously inscribed into purportedly objective descriptions of nature, often with the apparent warrant and authority of science, yet not be fully warranted by a systematic or complete consideration of the evidence. Cognitive processes may contribute further to a failure to notice the (...) lapses in scientific reasoning and justificatory warrant. By articulating this error type at a general level, we hope to raise awareness of this pervasive error type and to facilitate critiques of claims that appeal to what is “natural” as inevitable or unchangeable. (shrink)

This chapter is concerned with the foundations of Hobbes’s natural philosophy, notably his account of space and time, as well as an inertial law the author terms the “persistence principle” and a mechanistic principle of action by contact. The author argues that these foundational concepts and principles serve as a framework that places constraints upon the kinds of hypotheses that may figure in the explanation of phenomena, but they do not uniquely determine how natural philosophy is to be developed. In (...) particular, the author shows that Hobbes took questions about the infinitude and uniqueness of the world as unanswerable in principle, although he regarded the question of the vacuum as an empirical matter that could be settled by experiment. Hobbes did, however, hold that certain doctrines were incoherent and should be rejected on a priori grounds. (shrink)

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...) for argument from fairness is shown to be based on a special principle in Perelman’s theory of justice. (shrink)