The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Raccolta di saggi dedicati al Prof. Franco De Capitani.

Raccolta di saggi sulla storia della filosofia rinascimentale e moderna.

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of the (...) terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

I motivate and characterize an intensional semantics for ‘ought’ on which it does not behave as a universal quantifier over possibilities. My motivational argument centers on taking at face value some standard challenges to the quantificational semantics, especially to the idea that ‘ought’-sentences satisfy the principle of Inheritance. I argue that standard pragmatic approaches to these puzzles are either not sufficiently detailed or unconvincing.

This study examines how evidence is used differently in argumentative discourse compared to individual arguments. Applying a 1×2 crossover study design, 37 secondary school students were asked either to discuss a social issue with their partner before individually writing an essay outlining their opinion or, vice versa, first to discuss and then to write. As background information, they were provided with pieces of evidence with different levels of quality. Dialogs and essays were analyzed regarding (a) the type of evidence and (...) (b) the way evidence was used. Results showed that in their essays students referred more often to the pieces of evidence provided to them (shared evidence). In contrast, they used evidence more often to address the opposing viewpoint in dialogs by incorporating it in a more elaborated (clearer) line of reasoning. Findings suggest that dialogues are a more effective tool than individual writing production, and the study provides first hints regarding how to design curricula that will encourage students to use evidence in a more sophisticated way in their argumentation. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and quasilogical (...) connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

Provisional draft, pre-production copy of my book “The Modal Future” (forthcoming with Cambridge University Press).

We discuss the semantic significance of a puzzle concerning ‘ought’ and conditionals recently discussed by Kolodny and MacFarlane. We argue that the puzzle is problematic for the standard Kratzer-style analysis of modality. In Kratzer’s semantics, modals are evaluated relative to a pair of conversational backgrounds. We show that there is no sensible way of assigning values to these conversational backgrounds so as to derive all of the intuitions in Kolodny and MacFarlane’s case. We show that the appropriate verdicts can be (...) derived by extending Kratzer’s framework to feature a third conversational background and claiming that the relevant reading of ‘ought’ is sensitive to this parameter. (shrink)

Raccolta di saggi dedicati al Prof. Franco De Capitani.

Raccolta di saggi sulla storia della filosofia rinascimentale e moderna.

Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...) acceptance of a proposition, which can be assessed as reasonable or unacceptable. Their dialectical function is described in terms of dark side commitments attributed to a collective "voice" representing what is commonly shared. For this reason, they count as attempts to include the presupposed contents into the hearer’s commitment store, which in some circumstances can reverse the burden of proof. The different manipulative strategies grounded on controversial presuppositions will be examined by showing the distinct roles that the latter play and the relationship between the degrees of presuppositional implicitness and the speaker’s burden of retraction. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

The purpose of this paper is to provide a basis for a systematic development of signaling theory on CSR initiatives. The paper proposes signaling theory as a framework supportive of a strategic CSR approach; maps extant research on signaling through CSR initiatives; offers a comprehensive assessment of the most diffused CSR initiatives and discusses their eligibility as signaling devices; and outlines a research agenda to further develop and test signaling theory in business ethics. Specifically, the study reconsiders some key assumptions, (...) identifies key gaps in empirical validation, and proposes directions to extend multiple signal, signaling pattern, and target cases. (shrink)

There are many authors who consider the so-called “moral nose” a valid epistemological tool in the field of morality. The expression was used by George Orwell, following in Friedrich Nietzsche’s footsteps and was very clearly described by Leo Tolstoy. It has also been employed by authors such as Elisabeth Anscombe, Bernard Williams, Noam Chomsky, Stuart Hampshire, Mary Warnock, and Leon Kass. This article examines John Harris’ detailed criticism of what he ironically calls the “olfactory school of moral philosophy.” Harris’ criticism (...) is contrasted with Jonathan Glover’s defense of the moral nose. Glover draws some useful distinctions between the various meanings that the notion of moral nose can assume. Finally, the notion of moral nose is compared with classic notions such as Aristotelian phronesis, Heideggerian aletheia, and the concept of “sentiment” proposed by the philosopher Thomas Reid. The conclusion reached is that morality cannot be based only on reason, or—as David Hume would have it—only on feelings. (shrink)

Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on the (...) other hand, the listener reconstructs the propositions taken for granted and assesses them against the shared presumptions. The possibility of reconstructing a presupposition is distinguished from its assessment, where the consistency of the presupposition with the shared or common ground is evaluated, and its reasonableness established. The analysis of presuppositions from an argumentative perspective provides an instrument for evaluating the reasonableness of a presupposition and understanding its dialogical effect. On this view, the dialogical force of a presupposition lies in its presumptive nature, which sets and shifts the burden of proving its unacceptability or unreasonableness. (shrink)

ABSTRACT The logic of humor has been acknowledged as an essential dimension of every joke. However, what is the logic of jokes, exactly? The modern theories of humor maintain that jokes are characterized by their own logic, dubbed “pseudo,” “playful,” or “local,” which has been the object of frequent criticisms. This article intends to address the limitations of the current perspectives on the logic of jokes by proposing a rhetorical approach to humorous texts. Building on the traditional development of Aristotle’s (...) almost neglected view of jokes as surprising enthymemes, the former are analyzed as rhetorical arguments. Like enthymemes, jokes are characterized by natural inferences that can be represented as topics, and quasi-formalized in argumentation theory as argumentation schemes. Like rhetorical arguments, jokes express a reason in support of different types of conclusions and proceed from distinct kinds of reasoning and semantic relations. (shrink)

Donald Trump’s speeches and messages are characterized by terms that are commonly referred to as “thick” or “emotive,” meaning that they are characterized by a tendency to be used to generate emotive reactions. This paper investigates how emotive meaning is related to emotions, and how it is generated or manipulated. Emotive meaning is analyzed as an evaluative conclusion that results from inferences triggered by the use of a term, which can be represented and assessed using argumentation schemes. The evaluative inferences (...) are regarded as part of the connotation of emotive words, which can be modified and stabilized by means of recontextualizations. The manipulative risks underlying the misuse and the redefinition of emotive words are accounted for in terms of presuppositions and implicit modifications of the interlocutors’ commitments. (shrink)

This paper compares current ways of modeling the inferential structure of practical reasoning arguments, and proposes a new approach in which it is regarded in a modular way. Practical reasoning is not simply seen as reasoning from a goal and a means to an action using the basic argumentation scheme. Instead, it is conceived as a complex structure of classificatory, evaluative, and practical inferences, which is formalized as a cluster of three types of distinct and interlocked argumentation schemes. Using two (...) real examples, we show how applying the three types of schemes to a cluster of practical argumentation allows an argument analyst to reconstruct the tacit premises presupposed and evaluate the argumentative reasoning steps involved. This approach will be shown to overcome the limitations of the existing models of practical reasoning arguments within the BDI and commitment theoretical frameworks, providing a useful tool for discourse analysis and other disciplines. In particular, applying this method brings to light the crucial role of classification in practical argumentation, showing how the ordering of values and preferences is only one of the possible areas of deep disagreement. (shrink)

Reasoning from negative evidence takes place where an expected outcome is tested for, and when it is not found, a conclusion is drawn based on the significance of the failure to find it. By using Gricean maxims and implicatures, we show how a set of alternatives, which we call a paradigm, provides the deep inferential structure on which reasoning from lack of evidence is based. We show that the strength of reasoning from negative evidence depends on how the arguer defines (...) his conclusion and what he considers to be in the paradigm of negated alternatives. If we negate only two of the several possible alternatives, even if they are the most probable, the conclusion will be weak. However, if we deny all possible alternatives, the reasoning will be strong, and even in some cases deductively valid. (shrink)

Probabilistic theories of “should” and “ought” face a predicament. At first blush, it seems that such theories must provide different lexical entries for the epistemic and the deontic interpretations of these modals. I show that there is a new style of premise semantics that can avoid this consequence in an attractively conservative way.

This paper advances an approach to relevance grounded on patterns of material inference called argumentation schemes, which can account for the reconstruction and the evaluation of relevance relations. In order to account for relevance in different types of dialogical contexts, pursuing also non-cognitive goals, and measuring the scalar strength of relevance, communicative acts are conceived as dialogue moves, whose coherence with the previous ones or the context is represented as the conclusion of steps of material inferences. Such inferences are described (...) using argumentation schemes and are evaluated by considering 1) their defeasibility, and 2) the acceptability of the implicit premises on which they are based. The assessment of both the relevance of an utterance and the strength thereof depends on the evaluation of three interrelated factors: 1) number of inferential steps required; 2) the types of argumentation schemes involved; and 3) the implicit premises required. (shrink)

The reasoning process of analogy is characterized by a strict interdependence between a process of abstraction of a common feature and the transfer of an attribute of the Analogue to the Primary Subject. The first reasoning step is regarded as an abstraction of a generic characteristic that is relevant for the attribution of the predicate. The abstracted feature can be considered from a logic-semantic perspective as a functional genus, in the sense that it is contextually essential for the attribution of (...) the predicate, i.e. that is pragmatically fundamental (i.e. relevant) for the predica-tion, or rather the achievement of the communicative intention. While the transfer of the predicate from the Analogue to the analogical genus and from the genus to the Primary Subject is guaranteed by the maxims (or rules of inference) governing the genus-species relation, the connection between the genus and the predicate can be complex, characterized by various types of reasoning patterns. The relevance relation can hide implicit arguments, such as an implicit argument from classification , an evaluation based on values, consequences or rules, a causal relation, or an argument from practical reasoning. (shrink)

The classification of a state of affairs under a legal category can be considered as a kind of con- densed decision that can be made explicit, analyzed, and assessed us- ing argumentation schemes. In this paper, the controversial conflict of opinions concerning the nature of “marriage” in Obergefell v. Hodges is analyzed pointing out the dialecti- cal strategies used for addressing the interpretive doubts. The dispute about the same-sex couples’ right to marry hides a much deeper disa- greement not only (...) about what mar- riage is, but more importantly about the dialectical rules for defining it. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

The chapter provides a response to Patrick Toner, “Critical Study of Fabrizio Amerini’s Aquinas on the Beginning and End of Human Life,” Oxford Studies in Medieval Philosophy 2, 211–28. The chapter corrects two misrepresentations in Toner’s review. First, it proves that, given Aquinas’ assumptions on substantial form and human soul, Aquinas could not give up his preference for delayed hominization of the embryo even if he were acquainted with contemporary embryology. Aquinas takes as the starting point of his embryology (...) Aristotle’s characterization of the human soul as the act of an organic physical body having life potentially, and this characterization leads him to the conviction that the human soul can enter into the human body only after the principal vital organs are formed. Second, the chapter corrects Toner’s unusual interpretation of the clause “organic” in the Aristotelian characterization of the human soul, by specifying the different senses of potentiality in Aquinas’ embryology. The chapter reaffirms the core idea that establishing when the hominization of the human embryo begins is not decisive for rejecting abortion. The chapter suggests relating the question of abortion to the identity or continuity of the human embryo rather than to the beginning of hominization. (shrink)

" This Volume tries to cover some important parts of the whole spectrum of European Studies. The essay of Fabrizio Sciacca begins with the issue of human rights. Sciacca relates the development of human rights regimes within the European Union to the general question of human rights education, without which human rights must keep abstract legality" (Hauke Brunkhorst, Preface).

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)

“Acme” è arrivata al suo settantacinquesimo anno.

Questions, and more specifically authentic questions, are at the core of dialogue-based learning and teaching. However, what is a question, and how can it be authentic? This paper addresses this problem by analyzing the distinct dimensions of questions, showing how their pragmatic nature is interwoven with the syntactic and semantic one, and how it can be grasped only by considering their dialogical functions. Questions are maintained to be proposals of different dialogue games (or types), pursuing specific interactional purposes, and potentially (...) contributing to learning processes in different ways. By understanding how questions shape different dialogues it is possible to ask more suitable questions to the questioner’s goals. In this framework, the dichotomy between authentic and inauthentic questions becomes a strategic choice between different types of dialogical possibilities. (shrink)

This book analyzes the uses of emotive language and redefinitions from pragmatic, dialectical, epistemic and rhetorical perspectives, investigating the relationship between emotions, persuasion and meaning, and focusing on the implicit dimension of the use of a word and its dialectical effects. It offers a method for evaluating the persuasive and manipulative uses of emotive language in ordinary and political discourse. Through the analysis of political speeches and legal arguments, the book offers a systematic study of emotive language in argumentation, rhetoric, (...) communication, political science and public speaking. (shrink)

The aim of the presentation is to focus on the differences between two scientific contexts: the genetic engineering context of the 1970s, with specific attention paid to the use of the recombinant DNA technique to generate genetically modified molecules, and the current genome editing context, with specific attention paid to the use of CRISPR-Cas9 technology to modify human germ line cells genetically. In both events, scientists have been involved in discussions that have gone beyond mere professional deontology touching on specific (...) policy issues such as freedom of research, responsibility for the consequences of research, the right of the public to participate in the evaluation of the goals of research methods, the relationship between cost and benefit and possible social consequences. The comparison between these two scientific contexts suggests the need of handling such issues by defining procedures that meet the criteria of democracy and responsibility towards society. The underlying objective should be to effectively launch actions and interventions based not on a hierarchical approach but rather a reticular conception of knowledge. (shrink)

La "Grande Morale," progettata da J.-P. Sartre tra il 1947 e il 1949 come naturale completamento della filosofia esistenzialista esposta ne L'essere e il nulla e L'esistenzialismo e un umanismo, non e mai stata pubblicata: abbandonata e ripresa piu volte nei successivi vent'anni, ha finito per costituire un serbatoio di annotazioni e di riflessioni sempre dirottate altrove, una specie di fantasma letterario, onnipresente, ma pronto a dileguarsi ogni volta che sembrava avere raggiunto una forma consistente. Sappiamo oggi, grazie alla pubblicazione (...) dei molti inediti sartriani, che la riflessione sulla morale ha accompagnato tutti gli snodi fondamentali del pensiero di Sartre, dai cosiddetti scritti giovanili alle opere della maturita, dalla svolta "dialettica" sino all'ultima discussa intervista, rilasciata poco prima della scomparsa. Gli studi qui riuniti hanno nei Quaderni per una morale (1947-48) il loro centro di gravita e di maggiore interesse. Di questo tentativo abortito di scrivere una "Morale" essi provano a disegnare la parabola, dalle origini remote nei Taccuini della strana guerra (1939) sino al Santo Genet commediante e martire (1952), che ne sancisce l'abbandono. Senza disdegnare qualche incursione nell'estetica sartriana, poiche della "morale introvabile" non c'e in realta testo che non rechi qualche traccia.". (shrink)

Fra gli arredi marmorei di età romana si distingue un gruppo di sostegni realizzati in marmo Giallo antico, che presentano caratteristiche comuni di lavorazione e di decorazione, i cui esemplari sono stati ritrovati nel Mediterraneo occidentale (Sardegna, Francia meridionale, Spagna), con una concentrazione in alcuni centri antichi. Si propongono considerazioni su produzione, circolazione e riuso di questi oggetti di lusso.

There are emotively powerful words that can modify our judgment, arouse our emotions and influence our decisions. This paper shows how the use of emotive meaning in argumentation can be explained by showing how their logical dimension, which can be analysed using argumentation schemes, combines with heuristic processes triggered by emotions. Arguing with emotive words is shown to use value-based practical reasoning grounded on hierarchies of values and maxims of experience for evaluative classification.

Statements about the future are central in everyday conversation and reasoning. How should we understand their meaning? The received view among philosophers treats will as a tense: in ‘Cynthia will pass her exam’, will shifts the reference time forward. Linguists, however, have produced substantial evidence for the view that will is a modal, on a par with must and would. The different accounts are designed to satisfy different theoretical constraints, apparently pulling in opposite directions. We show that these constraints are (...) jointly satisfied by a novel modal account of will. On this account, will is a modal but doesn't work as a quantifier over worlds. Rather, the meaning of will involves a selection function similar to the one used by Stalnaker in his semantics for conditionals. The resulting theory yields a plausible semantics and logic for will and vindicates our intuitive views about the attitudes that rational agents should have towards future-directed contents. (shrink)

Judgment aggregation problems are language dependent in that they may be framed in different yet equivalent ways. We formalize this dependence via the notion of translation invariance, adopted from the philosophy of science, and we argue for the normative desirability of translation invariance. We characterize the class of translation invariant aggregation functions in the canonical judgment aggregation model, which requires collective judgments to be complete. Since there are reasonable translation invariant aggregation functions, our result can be viewed as a possibility (...) theorem. At the same time, we show that translation invariance does have certain normatively undesirable consequences (e.g. failure of anonymity). We present a way of circumventing them by moving to a more general model of judgment aggregation, one that allows for incomplete collective judgments. (shrink)

In contemporary discussions of abortion, both sides argue well-worn positions, particularly concerning the question, When does human life begin? Though often invoked by the Catholic Church for support, Thomas Aquinas in fact held that human life begins after conception, not at the moment of union. But his overall thinking on questions of how humans come into being, and cease to be, is more subtle than either side in this polarized debate imagines. Fabrizio Amerini--an internationally renowned scholar of medieval philosophy--does (...) justice to Aquinas's views on these controversial issues. Some pro-life proponents hold that Aquinas's position is simply due to faulty biological knowledge, and if he knew what we know today about embryology, he would agree that human life begins at conception. Others argue that nothing Aquinas could learn from modern biology would have changed his mind. Amerini follows the twists and turns of Aquinas's thinking to reach a nuanced and detailed solution in the final chapters that will unsettle familiar assumptions and arguments. Systematically examining all the pertinent texts and placing each in historical context, Amerini provides an accurate reconstruction of Aquinas's account of the beginning and end of human life and assesses its bioethical implications for today. This major contribution is available to an English-speaking audience through translation by Mark Henninger, himself a noted scholar of medieval philosophy. (shrink)

An important module in the Belief-Desire-Intention architecture for artificial agents (which builds on Michael Bratman’s work in the philosophy of action) focuses on the task of intention reconsideration. The theoretical task is to formulate principles governing when an agent ought to undo a prior committed intention and reopen deliberation. Extant proposals for such a principle, if sufficiently detailed, are either too task-specific or too computationally demanding. I propose that an agent ought to reconsider an intention whenever some incompatible prospect is (...) sufficiently valuable along some dimension that can be assessed at zero or near-zero computational cost. (shrink)