Axiological foundations of free speach. Belandria, Margarita y González R., Javier Voluntad, ausencias, y normas: el sustrato histórico del positivismo en el derecho. Will, absences and norms: the historical background of positivism in law. Carpintero Benítez, Francisco Nominalismo jurídico, escolástica española y tradición republicana. Juridical nominalism, spanish scholasticism and republican tradition. Casanova Guerra, Carlos El primer principio de la razón práctica en la teoría de la ley natural de John Finnis. The first principle of practical reason in John Finnis´s natural (...) law theory. Hocevar G., Mayda G. El derecho a una educación integral de calidad, ¿utopía o posibilidad?. The right to an integral education of quality: utopia or possibility?. López de Cordero, Mery La muerte de la imagen. The death of the image. Peña, Edilio Karl Jaspers: autorreflexión y "existenzerhellung". Karl jaspers: self-reflection and "existenzerhellung". Portuondo Pajón, Gladys L. Derechos humanos y positivismo moderado. Human rights and temperated positivism. Ramos Pascua, José Antonio De la libertad y sus apariencias. On liberty and its appearances. Ramis Muscato, Pompeyo Pensamiento y vida: la "guía" zambraniana. Thought and life: zambrano's "guide" Rivara Kamaji, Greta Interdisciplinares Las mujeres en la ciencia de la salud. Women in the health sciences. Alcaraz Ariza, María Ángeles Cultura arquitectónica y crisis de la contemporaneidad. Architectural culture and crisis of the contemporary. Arellano Spinetti, Leonardo Recensiones Homenaje al filósofo venezolano Alberto Rosales. Walton, Roberto Informaciones Índice acumulado. (shrink)

Since the first volume appeared in 2005, the collection Controversies has brought together pieces of work related to the field of argumentation, giving particular attention to those that are concerned with theoretical and practical problems connected with discursive controversy and confrontation. Authors such as P. Barrotta, M. Dascal, S. Frogel, H. Chang and D. Walton had already either edited or written previous editions to the present volume (volume six) of the collection. F. H. van Eemeren and B. Garssen (the (...) former has already, with P. Houtlosser, edited the second volume of this collection) are responsible for compiling and editing this collection. In this volume Van Eemeren and Garssen edit works they conceive as being akin to those elements which, in argumentation discourse, serve to resolve – or often to present – differences of opinion. However, it should be added that this is not a mere editing job, but rather the result of an intellectual collaboration between two international research groups dedicated to a common field – consisting, on the one hand, of controversies and, on the other, of argumentation. (shrink)

El propósito de este artículo es explicar la acción colectiva que realizan las organizaciones de movimientos sociales mediante procesos de enmarcado entendidos como el resultado de un diálogo deliberativo. Para lograrlo, el texto se divide en cuatro apartados: en el primero se introduce la teoría del enmarcado de los estudios sobre movimientos sociales. En el segundo se pasa revista sobre distintas explicaciones a propósito de la creación de un marco de acción colectiva; en el tercero se apela a la caracterización (...) de diálogo deliberativo de Walton y Krabbe y al esquema de razonamiento práctico de Fairclough y Fairclough, para trazar una relación entre el enmarcado de acción colectiva y aquel diálogo. En el último, se concluye que la acción colectiva de los activistas que se involucran en los procesos de enmarcado puede comprenderse como una acción colectiva deliberada. (shrink)

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

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

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

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

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

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

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

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

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

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

Razón, poesía, historia.--La cuestión del estoicismo español.--El querer.

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

Dibujar el pensamiento de Seneca es dibujar su figura viva, trazar el esquema de su persona. Seneca es un mediador que para alzarse sobre nosotros necesita de nuestra necesidad, pues solo apoyado en nuestra indigencia tiene sentido. Maria Zambrano lleva a cabo un lucido estudio de la figura y significacion del pensador cordobes y presenta una seleccion de sus escritos.

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

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

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

Positive reappraisal strategies have been found to reduce negative affect following the recall of negative personal events. This study examined the restorative effect of two mood-repair instructions (self-compassion vs benefit-focused reappraisal) and a control condition with no instructions following a negative Mood Induction Procedure by using the guided recall of a negative autobiographical event. A total of 112 university students participated in the online study (81% women, Mage: 21.0 years). Immediately following the negative memory recall, participants were randomised to each (...) condition [(self-compassion: n = 36, benefit-focused: n = 39) or a control condition (n = 37)]. Repeated measures ANOVAs 3 (Repair condition) × 3 (Time of mood assessment: pre-recall, post-recall, post-regulation) showed that, as expected, negative mood (sadness, shame, and guilt) worsened significantly after the guided recall in all groups (p <.001). After the mood-repair intervention, participants in the self-compassion and benefit-focused conditions showed a significant reduction in negative mood (p <.019), while such improvement was not observed in the control group. Self-compassion and benefit-focused reappraisal functioned similarly as mood repair strategies after experiencing negative affect induced by the recall of negative personal memories. Implications in the context of autobiographical memory biases are discussed. (shrink)

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

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

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

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

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

There are two views of the ad hominem argument found in the textbooks and other traditional treatments of this argument, the Lockean or ex concessis view and the view of ad hominem as personal attack. This article addresses problems posed by this ambiguity. In particular, it discusses the problem of whether Aristotle's description of the ex concessis type of argument should count as evidence that he had identified the circumstantial ad hominem argument. Argumentation schemes are used as the basis for (...) drawing a distinction between this latter form of argument and another called argument from commitment, corresponding to the ex concessis argument. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

Drawing on recent findings, this study examines whether valence concordant electromyography (EMG) responses can be explained as an unconditional effect of mere stimulus processing or as somatosensory simulation driven by task-dependent processing strategies. While facial EMG over the Corrugator supercilii and the Zygomaticus major was measured, each participant performed two tasks with pictures of album covers. One task was an affective evaluation task and the other was to attribute the album covers to one of five decades. The Embodied Emotion Account (...) predicts that valence concordant EMG is more likely to occur if the task necessitates a somatosensory simulation of the evaluative meaning of stimuli. Results support this prediction with regard to Corrugator supercilii in that valence concordant EMG activity was only present in the affective evaluation task but not in the non-evaluative task. Results for the Zygomaticus major were ambiguous. Our findings are in line with the view that EMG activity is an embodied part of the evaluation process and not a mere physical outcome. (shrink)

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

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