In lieu of an abstract, here is a brief excerpt of the content:Montaigne and the Coherence of EclecticismPierre ForceSince the publication of Pierre Hadot's essays on ancient philosophy by Arnold Davidson in 1995,2 Michel Foucault's late work on "the care of the self"3 has appeared in a new light. We now know that Hadot's work was familiar to Foucault as early as the 1950s.4 It is also clear that Foucault's notion of "techniques of the self" is very close to what (...) Hadot calls "spiritual exercises." At the same time, there are important differences between the views of these two philosophers, and Hadot has often expressed his regret that Foucault's untimely death prevented them from exploring these differences.5 One important point of disagreement was the status of eclecticism. In Foucault's interpretation of ancient philosophy, the "constitution of the self" implied a personal choice among disparate philosophical references: "Writing as a personal exercise done by the self and for the self, is an art of disparate truth."6 In a 1989 article Hadot argued from a historical point of view that, so far as Stoicism and Epicureanism were concerned, [End Page 523] eclecticism had no place in a mature practice of philosophy. Foucault's favorite example, Seneca's Letters to Lucilius, in which Stoic arguments were invoked along with Epicurean arguments, was a work for beginners. In a mature practice of Stoicism, one would stick to the arguments of the Stoic school, choose them for their coherence, and instead of trying to forge a spiritual identity for oneself through writing, one would "liberate oneself from one's individuality in order to raise oneself up to universality."7 Hadot added that "it is only in the New Academy—in the person of Cicero, for instance—that a personal choice is made according to what reason considers as most likely at a given moment."8 This discussion of Foucault may give the impression that Hadot was somewhat dismissive of eclecticism. Yet in a 2001 interview Hadot claimed that he had always admired Cicero's intellectual independence, and he proposed a reappraisal "of an attitude that has always had a bad reputation: eclecticism."9Something very similar is a stake in the work of Alexander Nehamas, as Lanier Anderson and Joshua Landy showed in their study of his Art of Living. In the conception of philosophy as a "way of life" (Hadot) or "care of the self" (Foucault) or "self-fashioning" (Nehamas), a central issue is the relationship between theoretical coherence and the coherence of the person who theorizes. Elaborating on Nehamas's chapter on Montaigne, Anderson and Landy argue that there is a move in Montaigne away from doctrinal coherence and towards a coherence of the self. As they put it, "the harmonious whole Montaigne commends [... ] is not a coherent body of fact or theory; it is the unified self of the theorizer."10 Anderson and Landy show that this brings up all kinds of difficulties: can this unified self be other than a fiction? If that is the case, how can philosophy be a way of life? Nehamas's answer is very much in the spirit of the late Foucault: there is a coherence of the self in Montaigne, and this coherence is the product of writing as a philosophical activity. The self is fashioned through writing.Because Montaigne writes in the ancient tradition of philosophy as a way of life, one may recall Hadot's suggestion that Foucault's notion of [End Page 524] "writing the self" is an intriguing but historically inaccurate description of ancient philosophical practice. But perhaps Hadot agrees with Foucault after all, since in his most recent interviews, he speaks favorably of eclecticism, a notion that is central to Foucault's analysis of self-fashioning through writing. The case of Montaigne is particularly interesting for these purposes, not only because the Essays seem to be the prototypical example of "writing the self," but also because eclecticism is both discussed and practiced throughout the Essays. I propose to take a fresh look at this issue by investigating the status of eclecticism in Montaigne's Essays. This must start with an examination of the philosophical tradition most closely associated with... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:166 HUME'S INTEREST IN NEWTON AND SCIENCE Many writers have been forced to examine — in their treatments of Hume's knowledge of and acquaintance with scientific theories of his day — the related questions of Hume's knowledge of and acquaintance with Isaac Newton and of the nature and extent of Newtonian influences upon Hume's thinking. Most have concluded that — in some sense — Hume was acquainted with and (...) influenced by Newton's thought in particular and scientific thought in general. The genesis of this paper is the recent point of view put forward by Peter Jones which challenges the many permutations of this almost ritualistic standard line by removing Hume entirely from the Newtonian and the scientific scenes of thought. Jones argues that Hume knew less about Newton and science, and needed to know less about Newton and 2 science, than he believes is required by the above interpretation. Indeed, Jones argues that Hume's fundamental assumptions, which, according to Jones, derive ultimately from a form of Ciceronian humanism, drive a "wedge" between Newton's thought and that of 3 Hume. Even Hume's introductory remarks in the Treatise about his universal "science of man" are, for Jones, a declaration of independence from the materialistic trend (as Jones sees it) of Newtonian 4 science and not, as so many commentators have maintained — however tenuously or strongly evidence for linkage of Hume's project with Newtonian or scientific thought. Jones baldly argues that Hume totally lacked interest in science in general and in Newton and Newtonian science in particular. Following J. H. Burton's observation that Hume's work is surprisingly free from the "opinions" of contemporary scientists, 167 Jones states there is no evidence that Hume ever studied science at the University of Edinburgh or that he "pursued" scientific studies of any formal sort. Regarding Newtonian scientific thought, he emphasizes the paucity of specifically Newtonian scientific textbooks in the early eighteenth century 7 which might have been available for Hume to study and argues that nowhere in Hume's writings is there evidence of precise and detailed knowledge of Newton's science beyond what is available in Q Chamber's Cyclopaedia. Jones acknowledges that, in the Introduction to the Treatise, Hume utilizes a "general version" of Newton's "Regulae Philosophandi" from the beginning of Book III of Newton's Principia. Nevertheless, in Jones' view, Hume's fundamentally humanistic orientation separates him completely from g any Newtonian influence. Finally, according to Jones, Hume does not betray the least bit of knowledge of Newton's mathematics and its role in Newton's experimental methodology. On this evidence Jones grounds his central claim of Hume's "total lack of interest in contemporary science." What references there are to Newton and to science in Hume's works Jones finds "traceable to essentially literary predecessors such as Fontenelle or Montesquieu, or to standard works of theologians ] 2 or free-thinkers." The absence of clearly direct references to what Jones feels are scientific works results both from Hume's "total lack of interest in science" and from his commitment to a form of Ciceronian humanism which is "inimical" to what Jones finds to be the obvious materialistic tendencies of 13 science in the early modern period. Jones' account of the Ciceronian and French contexts of Hume's thought is excellent. But his claim that Hume had no interest whatsoever in science 168 is simply too strong and finally forces us to view science in Hume's day as equivalent to science in our own time, a manifestly anachronistic point of view. Throughout this paper, my argument will be conditioned by my view that Hume's interest in science cannot be separated from his epistemology or his religious scepticism. Hume's interest in science was precisely that of a man of letters of the eighteenth century vitally engaged in determining the proper use of scientific methodology in establishing the limits of the secular science of man once it has 14 been freed from the fetters of theology. Hume's interest in theological and epistemological issues inevitably gave rise to a strong interest on his part in the science of his day and in Newton's contributions... (shrink)

THE PURPOSE OF THE ARTICLE IS TO SUPPORT KEMP SMITH’S INTERPRETATION THAT PHILO, IN THE "DIALOGUES", SPEAKS FOR HUME "FROM START TO FINISH." THIS INTERPRETATION HAS RECENTLY BEEN QUESTIONED BY PROFESSOR JAMES NOXON WHO BELIEVES THAT PHILO IS A TRUE PYRRHONIAN SCEPTIC AND THEREFORE DOES NOT REPRESENT THE MITIGATED SCEPTICISM OF HUME. I SUPPORT KEMP SMITH’S INTERPRETATION BY SUGGESTING WHY PHILO SEEMS TO REVERSE HIMSELF AT THE END OF THE "DIALOGUES" AND TO ACCEPT THE DESIGN ARGUMENT AS SUPPORT FOR (...) A VAGUE SORT OF THEISM: HUME INTENDS PHILO’S ’REVERSAL’ TO APPEASE NOT THE RELIGIOUS ESTABLISHMENT WHICH HE DESPISES, BUT THE SCIENTIFIC ESTABLISHMENT WHICH HE RESPECTS. (shrink)

A CLOSE READING OF HUME’S ESSAY, "OF MIRACLES", REVEALS THAT HUME SPECIFICALLY AIMS HIS SCEPTICAL ARGUMENT AT THE PROOF OF CHRISTIAN REVELATION VIA FULFILLED PROPHETIC PREDICTIONS AS WELL AS AT MIRACLES. JOHNSON IS UNAWARE OF THIS FACT AND SO I CONCLUDE THAT HE HIMSELF HAD NOT READ THE ESSAY CLOSELY, THAT HE PROBABLY ONLY KNEW THE GENERAL OUTLINES OF THE ARGUMENT AT SECOND HAND THROUGH BOSWELL.

In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

Timothy Smiley has made ground-breaking contributions to modal logic, free logic, multiple-conclusion logic, and plural logic. He has illuminated Aristotle’s syllogistic, the ideas of logical form and consequence, and the distinction between assertion and rejection, and has worked to debunk the theory of descriptions. This volume brings together new articles by an international roster of leading logicians and philosophers in order to honour Smiley’s work. Their essays will be of significant interest to those working across the logical spectrum—in philosophy of (...) language, philosophical and mathematical logic, and philosophy of mathematics. (shrink)

Research using the intermodal preferential looking paradigm (IPLP) has consistently shown that English‐learning children aged 2 can associate transitive argument structure with causal events. However, studies using the same methodology investigating 2‐year‐old children’s knowledge of the conjoined agent intransitive and semantic role assignment have reported inconsistent findings. The aim of the present study was to establish at what age English‐learning children have verb‐general knowledge of both transitive and intransitive argument structure using a new method: the forced‐choice pointing paradigm. (...) The results suggest that young 2‐year‐olds can associate transitive structures with causal (or externally caused) events and can use transitive structure to assign agent and patient roles correctly. However, the children were unable to associate the conjoined agent intransitive with noncausal events until aged 3;4. The results confirm the pattern from previous IPLP studies and indicate that children may develop the ability to comprehend different aspects of argument structure at different ages. The implications for theories of language acquisition and the nature of the language acquisition mechanism are discussed. (shrink)

Argumentation involves offering and/or exchanging reasons – either reasons for adopting various attitudes towards specific propositional contents or else reasons for acting in various ways. This paper develops the idea that the force of reasons is through and through a normative force because what good reasons accomplish is precisely to give one a certain sort of entitlement to do what they are reasons for. The paper attempts to shed light on what it is to have a reason, how (...) the sort of entitlement arising from reasons differs from other species of entitlement and how the norms by which such entitlement is assessed obtain their status as norms. (shrink)

The tension between reason and power has a long and illustrious history in political theory. In his magnum opus of legal and political theory, "Between Facts and Norms," Jürgen Habermas presents his most complex, sophisticated, and ambitious attempt to confront this tension. My thesis in this article is that though Habermas’s political theory thematizes the tension between reason and power in a way that is initially quite promising, he ultimately forecloses that tension in the direction of a rationality that has (...) been conceptually and methodologically purified of the strategic power relations that pervade social reality. His attempt to insulate his Arendtian notion of communicative power (which he conceptualizes in BFN as a force of legitimation) from strategic power is not only unattainable in practice, I argue, but conceptually incoherent. This should compel him not to abandon his normative theoretical and political agenda, I suggest, but to defend it in a more contextualist way than he has been willing to do up until now. (shrink)

Making arguments makes reasons apparent. Sometimes those reasons may affect audiences’ relationships to claims. But an over-emphasis on audience effects encouraged by functionalist theories of argumentation distracts attention from other things that making arguments can accomplish. We advance the normative pragmatic program on argumentation through two case studies of how early advocates for women’s suffrage in the U.S. made reasons apparent in order to show that what they were doing wasn’t ridiculous. While it might be possible to identify this as (...) a new function of argumentation, we encourage instead attention to a more important question: explaining how all the diverse uses of argument have pragmatic force. (shrink)

This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all with necessary or essential properties. While it was long assumed (...) that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology. (shrink)

According to a popular objection, Hume assumes that only deductive inferences can generate knowledge and reasonable belief, and so Hume’s skepticism can be avoided by simply recognizing the role of inductive inferences in empirical matters. This paper offers an interpretation of Hume’s skepticism that avoids this objection. The resulting skeptical argument is a powerful one in the following sense: it is not at all obvious where the argument goes wrong, and responding to the argument forces us to (...) adopt a substantive and even surprising position regarding the nature of knowledge and evidence. The main strategy is to draw a three way distinction among kinds of inferential support. Thus inferences can be deductive-supportive, inductive-supportive, or non-supportive. Hume does not assume that inductive inferences cannot generate knowledge or reasonable belief. Rather, he makes the more plausible assumption that non-supportive inferences cannot. (shrink)

In their "traite de l'argumentation" perelman olbrechts indicate five factors contributing to the forces of arguments. the present paper is an analysis of each of these five factors taken in isolation; it indicates directions for operationalization of these factors. it stresses moreover that this multidimensional concept if it is to be used must lead to a weighted function of the five variables in order to be able to use the concept of "force of an argument." the absence of (...) this weighted function in po is deplored and it is argued that no theory of argumentation, even if it decides to remain completely descriptive, can be developed without definition of this weighted function. (shrink)

Political liberals claim that liberal polities may legitimately dismiss the objections of ‘unreasonable’ citizens who resist political liberals’ favored principles of justice and political justification. A growing number of other political philosophers, including post-colonialist theorists, have objected to the resulting insularity of political liberalism. However, political liberals’ insularity also often prevents them from being sensitive or responsive to these critics’ complaints. In this article, I develop a more efficacious internal critique of political liberalism: I show that political liberals’ own core (...) principles of liberal legitimacy sometimes require liberal polities to engage with the objections of those who hold ‘unreasonable’, and even illiberal, views. First, I draw on the work of Sayyid Qutb, an illiberal Islamic political thinker, to argue that – contrary to what political liberals often imply – even ‘unreasonable’, illiberal citizens may be fair-minded: that is, they may be actively concerned to cooperate with others on fair and mutually endorsable terms. Second, I contend that a liberal state’s own core commitment to treating citizens as free and equal requires it to offer fair-minded illiberal citizens like Qutb deep reasons – that don’t presuppose agreement on liberal principles of justice and so can speak to them in the dialectical position they start from – for why they should accept the liberal laws with which the state coerces them to comply. By showing how political liberals’ own commitments oblige them to address even ‘unreasonable’ political perspectives, I open the door to their more robust engagement with their critics, including not only comparative political theorists but also the growing number of illiberal citizens who challenge democratic regimes. (shrink)

In his theory of rational discourse, Habermas has made essential use of the concept of 'force of the better argument'. He does not explicitly discuss the theories of meaning and of inference that must underpin this concept, but usually construes it in terms of univocal meaning and propositional inference. These assumptions are challenged by means of examples from the use of metaphor and analogical argument in science, and it is suggested that a generalisation of such arguments applies (...) to philosophical discourse also. Habermas's conception of modes of argument as monotonically directed towards truth should therefore be replaced by dialogue and dialectics, but it does not follow from this that argument is without rational rules. (shrink)

Three questions are highlighted concerning the scope and force of indispensability arguments supporting classical, infinitistic mathematics. The first concerns the need for non-constructive reasoning for scientifically applicable mathematics; the second concerns the need for impredicative set existence principles for finitistic and scientifically applicable mathematics, respectively; and the third concerns the general status of such arguments in light of recent work in mathematical logic, especially that of Friedman et al. and Feferman et al. Some recent results are then presented bearing (...) on the first question on the need for non-constructive analysis, especially for quantum physics. Despite the impressive work of Bishop et al. in constructive analysis, Hilbert's objection to intuitionism still carries significant force, and may be decisive depending in part on one's conception of "physics". (shrink)

Building on our diverse research traditions in the study of reasoning, language and communication, the Polish School of Argumentation integrates various disciplines and institutions across Poland in which scholars are dedicated to understanding the phenomenon of the force of argument. Our primary goal is to craft a methodological programme and establish organisational infrastructure: this is the first key step in facilitating and fostering our research movement, which joins people with a common research focus, complementary skills and an enthusiasm (...) to work together. This statement—the Manifesto—lays the foundations for the research programme of the Polish School of Argumentation. (shrink)

1. Introduction. David Malament has described a natural and satisfying resolution of the traditional problems of Newtonian cosmology—natural in the sense that it effects the escape by altering Newtonian gravitation theory in a way that leaves its observational predictions completely unaffected. I am in full agreement with his approach. There is one part of his account, however, over which Malament has been excessively modest. The resolution requires a modification to Newtonian gravitation theory. Malament presents the modification as so straightforward as (...) to be automatic. This trivializes the crucial postulate, which I shall call the “relativity of acceleration.” It is a significant physical statement in its own right and requires careful justification. Moreover the postulate proved easy to overlook for decades of discussion of the paradox. It really only becomes natural from the perspective of the newer geometric methods Malament exploits. There the postulate has become a commonplace. My purpose here is to develop the following: While Newtonian cosmology can be repaired satisfactorily, in its traditional form it remains deeply troubled. These troubles can be expressed most vividly as the paradoxical contradictions indicated below. They persist in both the integral and differential formulations of Newtonian gravitation theory. Malament's careful geometric treatment is necessarily dense. By taking some liberties with precision, his core result can be expressed in a far simpler form. Attempts to avoid the resolution Malament describes do lead to disaster. Therefore this episode can be inverted and used as the strongest extant argument for the relativity of acceleration in Newtonian gravitation theory. (shrink)

The theme of the paper is that what is true cannot be false and conversely. This position was anticipated by Aristotle in De Interpretatione and by G. H. von Wright. The latter calls it “a truth of the logic of relative modalities.”Aristotle has been taken to task by Susan Haack and others for arguing fallaciously from the Principle of Bivalence, that every statement is either true or false, to fatalism. The implication holds, but we show that it is unreasonable to (...) assume that Aristotle grounded his argument on this implication rather than on what we call the force of truth. (shrink)

Shortly after the appearance of the Critique of Pure Reason, Kant’s claim that the ontological proof of God’s existence contains all the probative force of the cosmological argument was discussed at great length by J. F. Flatt, J. F. v. Abel and J. A. Eberhard. These early criticisms do not seem to have received the attention they deserve, even though they are extremely relevant, cogent, and difficult to dispute. Regardless of whether their assumptions are accepted, these objections point (...) out certain obscurities and flaws in Kant’s argument, casting doubt, from a logical standpoint, on the success of the main Kantian criticism of the cosmological proof. (shrink)

The theme of the paper is that what is true cannot be false and conversely. This position was anticipated by Aristotle in De Interpretatione and by G. H. von Wright. The latter calls it “a truth of the logic of relative modalities.”Aristotle has been taken to task by Susan Haack and others for arguing fallaciously from the Principle of Bivalence, that every statement is either true or false, to fatalism. The implication holds, but we show that it is unreasonable to (...) assume that Aristotle grounded his argument on this implication rather than on what we call the force of truth. (shrink)

Are philosophical arguments as effective as narratives in influencing charitable giving and attitudes toward it? In four experiments, we exposed online research participants to either philosophical arguments in favor of charitable giving, a narrative about a child whose life was improved by charitable donations, both the narrative and the argument, or a control text (a passage from a middle school physics text or a description of charitable organizations). Participants then expressed their attitudes toward charitable giving and were either asked (...) how much they would hypothetically donate if given $10 (Experiment 1) or told they had a 10% chance of winning $10 and given the opportunity to donate from their potential winnings (Experiments 2–4). Across the four experiments, participants in all of the narrative conditions and in some of the argument conditions tended to express more positive attitudes toward charitable giving and donated about $1 more on average than did participants in the control conditions. These effects appear to have been mediated by the “narrative transportation” scale, which suggests that appeals to donate can be effective if they engage participants’ emotions, imagery, and interest. (shrink)

Darwinians are realists about the force of selection, but there has been surprisingly little discussion about what form this realism should take. Arguments about the units of selection in general and genic selectionism in particular reveal two realist assumptions: (1) for any selection process, there is a uniquely correct identification of the operative selective forces and the level at which each impinges; and (2) selective forces must satisfy the Pareto-style requirement of probabilistic causation. I argue that both assumptions are (...) false; we must temper realism about the force of selection and revise the way we think about probabilistic causation. (shrink)

This study analyzes the ideals of responsibility and accountability, asking such questions as when it is legitimate to blame top officials of an organization for mistakes made by personnel below them in the bureaucratic hierarchy; when things go wrong in a large and complex organization like the Canadian Forces, who is responsible and accountable; and whether a plea of ignorance is a good excuse. The study also analyzes the doctrine of ministerial responsibility in both the British and Canadian parliamentary traditions, (...) asking whether it is realistic to expect that a government minister should be held responsible for everything that goes wrong in his/her department. Finally, traditional military values are examined, considering the kinds of attitudes and values expected from Canada's armed forces and the differences between the military and civilian sectors. (shrink)

This article provides a speech act analysis of ‘crime-enacting’ provisions in criminal statutes, focusing on the illocutionary force of these provisions. These provisions commonly set out not only particular crimes and their characteristics but also their associated penalties. Enactment of a statute brings into force new social facts, typically norms, through the official utterance of linguistic material. These norms are supposed to guide behaviour: they tell us what we must, may, or must not do. Our main claim is (...) that the illocutionary force of such provisions is primarily ‘world-creating’, i.e. effective, or declarational, rather than directive. We assume that directive illocutionary force is either direct or indirect, showing that provisions need not contain the linguistic items that make for direct directives and that according to standard tests no indirect directive is present. A potential counter-argument is that any utterance serving to direct behaviour is necessarily a directive. We show that this behaviour-directing property is shared by some clear non-directives. (shrink)

According to a popular objection, Hume assumes that only deductive inferences can generate knowledge and reasonable belief, and so Hume’s skepticism can be avoided by simply recognizing the role of inductive inferences in empirical matters. This paper offers an interpretation of Hume’s skepticism that avoids this objection. The resulting skeptical argument is a powerful one in the following sense: it is not at all obvious where the argument goes wrong, and responding to the argument forces us to (...) adopt a substantive and even surprising position regarding the nature of knowledge and evidence. The main strategy is to draw a three way distinction among kinds of inferential support. Thus inferences can be deductive-supportive, inductive-supportive, or non-supportive. Hume does not assume that inductive inferences cannot generate knowledge or reasonable belief. Rather, he makes the more plausible assumption that non-supportive inferences cannot. (shrink)

Inequality is the defining feature of our times. Many argue that it calls for a policy response, yet the most obvious policy responses require legislative action. And if inequality is the defining feature of our times, partisan acrimony and gridlock are the defining features of the legislature. That being so, it is worth considering what role administrative agencies, and administrative law, might play in ameliorating or exacerbating economic inequality. Here, I focus on American safety net programs, many of which are (...) joint operations between federal administrative agencies and state governments. In this context, a central mode of bureaucratic policy innovation comes in the form of administrative waivers, whereby a federal administrative agency waives some statutory requirement that is otherwise binding on state administrators. For example, the Centers for Medicare and Medicaid Services recently granted waivers to allow several states to impose various “personal responsibility” requirements on Medicaid beneficiaries. Faced with a choice between legislative inactivity and policy innovation through waivers, many scholars and policymakers of both parties have tended to favor waivers. The appeal of waivers as a path around legislative gridlock is compelling. However, I argue that this view has neglected the federal structure of American safety net programs, and does not account for the state politics of implementation. Moreover, scholars have not focused on the severe information problems that federal agencies face when issuing waivers; a permissive waiver regime exacerbates these problems. Focusing on Medicaid implementation, I highlight the risks of waivers for American safety net programs. Before concluding, I discuss possible reforms to administrative procedures, and offer a case study of litigation surrounding one recent waiver application. The case study illustrates many of the theoretical arguments, and further demonstrates the failure of judicial review; it indicates how review might be adjusted to promote more effective use of waivers and diminish their perils. (shrink)

_ Source: _Volume 46, Issue 3, pp 426 - 439 The concept of _flesh_ had a very short and fragmented career in the writings of Jacques Derrida, appearing as such in central arguments only in his reading of Antonin Artaud from 1965 and in an interview with Jean-Luc Nancy from 1988. By exposing and exploring several implicit discussions of flesh in Derrida’s juridico-political texts from the 1990s, this paper outlines the conceptualization of flesh implicit in Derrida’s work and, consequently, argues (...) that this conceptualization is more coherent and significant than it may first appear. Based on this, and drawing on an argument between David Wood and Matthew Calarco about the relation between deconstruction and vegetarianism, I go on to argue that the Derridean concept of flesh offered here puts us in a better position to understand and solve some of the discrepancies and inconsistencies of Derrida’s famous attempts to answer his own “question of the animal” in his later writings. (shrink)

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...) with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

What exactly is reasoning? Like many other philosophers, I shall endorse a broadly causal conception of reasoning. Reasoning is a causal process, in which one mental event (say, one’s accepting the conclusion of a certain argument) is caused by an antecedent mental event (say, one’s considering the premises of the argument). Just like causal accounts of action and causal accounts of perception, causal accounts of reasoning have to confront a version of what has come to be known as (...) the problem of deviant causal chains. In this paper, I shall propose an account of the nature of reasoning, incorporating a solution to the specific version of the deviant causal chains problem that arises for accounts of reasoning. One striking feature of my solution is that it requires that certain normative facts are causally efficacious. It might be thought that this feature will make my account incompatible with any plausibly naturalistic approach to understanding the mind. I shall argue that this is not so: my account of the nature of reasoning is quite compatible with plausible versions of naturalism. (shrink)

In this paper I will argue that most objections to deductive analyses of a priori analogies are incorrect, often involve basic misinterpretations of what the deductive reconstruction of those arguments are saying, and sometimes also betray a confusion about what part of the reasoning corresponds to the analogical inference. In particular, I will be focusing on a raft of objections made by Juthe in [2015] and subject his alternative views to criticism. -/- I will then argue that Juthe does implicitly (...) have a good argument against deductivism: adding further analogues seems to have a cumulative force that they would not have on a deductivist analysis. This is so not only in ordinary analogical arguments but, perhaps surprisingly, with a priori analogical arguments. I will then argue that this does not favor a sui generis view of the analogical argument over inductivist views, and attempt to show that a confirmation-theoretic approach to analogical inference makes the best sense of our intuitions about the strength of analogical arguments. (shrink)

The aim of this article is to contribute to the discussion surrounding mediatization by presenting some arguments on how we could include questions of media specificity in an appropriate way. The core argument is that we have to do this by integrating `media specificity' into a theory of communicative practice or action. In doing so, we can grasp media in their institutional and technological sense as `molding force' of communicative action and research them empirically as part of mediatization (...) processes. (shrink)

Monogamy in Western countries has recently undergone criticisms, because it is perceived as an oppressive institution, adjacent to reactionary cultural values. In this article, I argue that monogamy is in fact a force of social progress and women’s empowerment. I point out that, given our natural tendencies, the most likely alternative to monogamy is polygyny. By its very nature, polygyny faces a numerical difficulty, to the extent that (given the equitable male to female ratio) when one man engages in (...) romantic or sexual relationships with multiple female partners, inequality and social conflict ensues. I present historical and sociological data that sustains the argument that polygyny is associated with greater inequality, violence, poverty and women’s vulnerability. Nevertheless, while monogamy can be considered a force of social progress, I argue that the State is not morally entitled to prosecute non-monogamous lifestyles, but there may still be non-coercive ways to promote monogamy. (shrink)

The idea that a simple unilateral promise, until it is accepted, is not binding according to natural law is defended by Grotius in his major work with an argumentation drawn directly from Lessius, an important source of inspiration for the Dutch jurist, who in turn solves the dispute rooted in the tradition of ius commune. This article aims to reconstruct, in its essential stages, an itinerary through the main positions of medieval and early modern civil and canon lawyers about this (...) controversial issue. These sources constitute the background of early modern scholastics and Grotius as well. The paper analyses some of the principal texts of both bodies of law, highlighting arguments and adding new findings. Notably it is shown that Lessius’s and Grotius’s statements represent a turning point, as far as they react against the resumption of the theory of the binding force of simple unilateral promises in the sixteenth century. With Lessius and Grotius, on the other hand, acceptance became a necessary requirement for every transfer of rights and duties to be enforceable. (shrink)

This clearly presented study examines the nature of religious experiences, and asks whether they can be used as evidence for religious beliefs. The author discusses important philosophical issues raised by religious experience, such as the role of models and metaphors in their description, and the way experiences in general are used as evidence for claims about the world. Using contemporary and classic sources from the world's religions, the author gives an account of different types of religious experience. She also draws (...) extensively on psychological, sociological, and philosophical literature to meet sceptical challenges, and concludes that, like most experiences, they are most effective as evidence within an argument which combines evidence from a wide range of sources. (shrink)

Argument and imagination are often interdependent. The Aesthetics of Argument is concerned with how this relationship may bear on argument's concern with truth, not just persuasion, and with the enhancement of understanding such interdependence may bring. The rationality of argument, conceived as the advancement of reasons for or against a claim, is not simply a matter of deductive validity. Whether arguments are relevant, have force, or look foolish cannot always be assessed in these terms. Martin (...) Warner presents a series of case studies which explore how analogy, metaphor, narrative, image, and symbol can be used in different ways to frame one domain in terms of another, and how criteria drawn from the study of imaginative literature may have a bearing on their truth-aptness. (shrink)

The article deals with `The Symbolic Force of Human Rights'. First, it restricts the meaning of the term `symbolic' and of the expression `symbolic force'. Second, it discusses the concept of human rights. Having established the conceptual framework, the author goes to the core of his argument, characterizing the symbolic force of human rights as ambivalent: on one hand, it serves for their generalized affirmation and accomplishment; on the other hand, it acts as a manner of (...) political manipulation. In this regard, the article focuses, first, on the symbolic force of human rights at the level of national states, and then within the international and worldwide context, on criticizing finally the rhetorical use of human rights by nowadays' only superpower, the USA. Key Words: human rights • interventionism • supranational and national • legal orders • symbolic force. (shrink)

This thesis is an investigation of the question of the probative force of the syllogism. It examines on what the probative force of propositions constituting an argument depends and some of the cases in which the conclusion of a syllogism is and is not proven by the premises. The investigation begins by looking at certain preliminary notions associated with arguments in general and categorical syllogisms in particular. In each categorical syllogism are found two claims. One is the (...) claim to truth made by each proposition, and another is the claim to validity made by the syllogism. When each of these claims are fulfilled the syllogism is then sound. The question is whether or not every sound syllogism also represents a proof of the conclusion. John Stuart Mill asserted that no deductive argument including the syllogism can be a proof of the truth of the conclusion on the grounds that the premises presuppose the conclusion. In fact each syllogism is an example of the fallacy of petitio principii which it must by its very nature commit. Alexander Pfänder instead claimed that only in certain cases is the conclusion not proven by the premises, while in other cases the truth of the conclusion is actually proven by the truth of the premises. An independent investigation of the question of the probative force of the syllogism is made. Because of a crucial difference between propositions affirming contingent states of fact and essentially necessary propositions affirming necessary states of fact, it is shown that no syllogism containing contingent propositions can be a proof, while a proof is present in the case of a syllogism containing essentially necessary propositions. When the propositions of an argument are contingent their truth follows from the fact each particular existing instance they refer to actually has what is affirmed by the proposition. Therefore, if the syllogism is valid, the conclusion will refer to at least some of the same particular existing instances on which the truth of each of the premises depends. The premises can be true only if the conclusion is true, and any uncertainty about the truth of the conclusion extends also to the premises. The premises cannot prove the truth of the conclusion since their truth presupposes the truth of the conclusion. Propositions which are essentially necessary are true regardless of whether or not any particular instance exists or will ever exist. Because the state of fact is essentially necessary, the predicate is intelligibly grounded necessarily in the subject. If these kinds of propositions are found in a syllogism, their truth will not depend on the truth of a conclusion. Essentially necessary propositions have probative force, and their presence in a valid argument results in an actual proof of the conclusion. (shrink)