The claimants brought civil suits against child care institutions and authorities for the sexual abuse to which they were subject whilst under the defendants’ responsibility. These cases were not initiated until the claimants were well into adulthood and began recognising the harms they had suffered, and as a result, their claims were time-barred at first instance. However, after A v Hoare (and Other Appeals), in which the House of Lords significantly altered the laws on limitation, their cases were reheard and (...) allowed to proceed. In this respect, AB and Others v Nugent Care Society; GR v Wirral MBC demonstrates the benefits of the ruling in Hoare; but at the same time, this note argues that the Court of Appeal utilises a problematic conceptualisation of the harm of sexual abuse and the case highlights the potential for inconsistency and uncertainty in such delayed claims following the decision in Hoare—which is not the panacea it initially appears to be. (shrink)

Picking up the question of what FLaK might be, this editorial considers the relationship between openness and closure in feminist legal studies. How do we draw on feminist struggles for openness in common resources, from security to knowledge, as we inhabit a compromised space in commercial publishing? We think about this first in relation to the content of this issue: on image-based abuse continuums, asylum struggles, trials of protestors, customary justice, and not-so-timely reparations. Our thoughts take us through the different (...) ways that openness and closure work in struggles against violence, cruel welcomes, and re-arrangements of code and custom. Secondly, we share some reflections on methodological openness and closure as the roundtable conversation on asylum, and the interview with Riles, remind us of #FLaK2016 and its method of scattering sources as we think about how best to mix knowledges. Thirdly, prompted by the FLaK kitchen table conversations on openness, publishing and ‘getting the word out’, we respond to Kember’s call to ‘open up open access’. We explain the different current arrangements for opening up FLS content and how green open access, the sharedit initiative, author request and publisher discretion present alternatives to gold open access. Finally drawing on Franklin and Spade, we show how there are a range of ‘wench tactics’—adapting gifts, stalling and resting—which we deploy as academic editors who are trying to have an impact on the access, use and circulation of our journal, even though we do not own the journal we edit. These wench tactics are alternatives to the more obvious or reported tactic of resignation, or withdrawing academic labour from editing and reviewing altogether. They help us think about brewing editorial time, what ambivalence over our 25th birthday might mean, and how to inhabit painful places. In this, we respond in our own impure, compromised way to da Silva’s call not to forget the native and slave as we do FLaK, and repurpose shrapnel, in our common commitments. (shrink)

Disputational models of argumentation have been criticized as introducing adversariality into argumentation by mistakenly conceiving of it as minimally adversarial, and, in doing so, structurally incentivizing ancillary adversariality. As an alternative, non-adversarial models of argumentation like inquiry have been recommended. In this article I defend disputational, minimally adversarial models of disagreement-based argumentation. First, I argue that the normative kernel of minimal adversariality is properly located in the normative fabric of disagreement, not our practices of disputation. Thus, argumentation’s minimal adversariality is (...) a hereditary, rather than an acquired, trait. Second, I show how attempts to model disagreement-based argumentation non-adversarially, as co-inquiry, misrepresent the normative commitments of disagreers. Indeed, such attempts backfire in their efforts to make argumentation less adversarial, by removing the normative, discursive mechanisms by which we may hold each other to rational account for our commitments. Finally, I show how regulative models of disputation, like the Pragma-Dialectical critical discussion, are designed to minimize ancillary adversariality thereby preventing its escalation. (shrink)

This paper considers the question of whether Mill's account of the nature and justificatory foundations of deductive logic is psychologistic. Logical psychologism asserts the dependency of logic on psychology. Frequently, this dependency arises as a result of a metaphysical thesis asserting the psychological nature of the subject matter of logic. A study of Mill's System of Logic and his Examination reveals that Mill held an equivocal view of the subject matter of logic, sometimes treating it as a set of psychological (...) processes and at other times as the objects of those processes. The consequences of each of these views upon the justificatory foundations of logic are explored. The paper concludes that, despite his providing logic with a prescriptive function, and despite his avoidance of conceptualism, Mill's theory fails to provide deductive logic with a justificatory foundation that is independent of psychology. (shrink)

This article examines the development of Russell's treatment of propositions, in relation to the topic of psychologism. In the first section, we outline the concept of psychologism, and show how it can arise in relation to theories of the nature of propositions. Following this, we note the anti-psychologistic elements of Russell's thought dating back to his idealist roots. From there, we sketch the development of Russell's theory of the proposition through a number of its key transitions. We show that Russell, (...) in responding to a variety of different problems relating to the proposition, chose to resolve these problems in ways that continually made concessions to psychologism. (shrink)

Boethius's Consolation of Philosophy, written in Latin around 525 A.D., was to become one of the most influential literary texts of the Middle Ages. The Old English prose translation and adaptation which was produced around 900 and claims to be by King Alfred was one of the earliest signs of its importance and use, and the subsequent rewriting of parts as verse show an interest in rivalling the literary shape of the Latin original. The many changes and additions have much (...) to tell us about Anglo-Saxon interests and scholarship in the Alfredian period. This new edition is the first to present the second prose-and-verse version of the Old English text, and allows it to be read alongside the original prose version, for which this is the first edition for over a century, and the introduction and commentary reveal much about the history of the text and its composition. The edition contains critical texts of both versions; a translation; a full introduction examining the manuscripts, the composition of the prose text and of the subsequent verse, the language, the authorship and date of the two versions, the relationship to other texts of the period and later uses of it, and the nature and purpose of the work; a detailed commentary exploring the relationship to the Latin text and to the early medieval commentary tradition; textual notes; and a glossary. (shrink)

The standard account of denying the antecedent (DA) is that it is a deductively invalid form of argument, and that, in a conditional argument, to argue from the falsity of the antecedent to the falsity of the consequent is always fallacious. In this paper, we argue that DA is not always a fallacious argumentative strategy. Instead, there is a legitimate usage of DA according to which it is a defeasible argument against the acceptability of a claim. The dialectical effect of (...) denying the antecedent is to shift the burden of proof back to the original proponent of a claim. We provide a model of this non-fallacious usage which is built upon pragmatic models of argumentation. (shrink)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in a (...) dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their proposals. Specifically, (...) we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

On Gilbert’s multi-modal theory of argumentation, the “logical” is but one among many modes of argument, including the emotional, the visceral (physical), and the kisceral (intuitive). Yet, I argue that, properly understood, the logical is not one mode among many. Rather, it is better understood as the _uber-mode_ of argument. What Gilbert calls the “logical mode” of argument—a linear, orderly, highly verbalizable, way of arguing—is made possible only to the extent that the logic of some space of reasons has been (...) articulated. The “anti-logical” penchant of multi-modal argumentation is not found at the object-level—in its countenancing “non-logical” modes of argument, but at the meta-level—in its resistance, as a mistaken embracing of the “logical” mode, to using the logics governing the different modes to self-regulate the course of our arguings. (shrink)

Taste as Experience puts the pleasure of food at the center of human experience. It shows how the sense of taste informs our preferences for and relationship to nature, pushes us toward ethical practices of consumption, and impresses upon us the importance of aesthetics. Eating is often dismissed as a necessary aspect of survival, and our personal enjoyment of food is considered a quirk. Nicola Perullo sees food as the only portion of the world we take in on a (...) daily basis, constituting our first and most significant encounter with the earth. Perullo has long observed people's food practices and has listened to their food experiences. He draws on years of research to explain the complex meanings behind our food choices and the thinking that accompanies our gustatory actions. He also considers our indifference toward food as a force influencing us as much as engagement. For Perullo, taste is value and wisdom. It cannot be reduced to mere chemical or cultural factors but embodies the quality and quantity of our earthly experience. (shrink)

This book is the first extensive treatment of Husserl's phenomenology of time-consciousness. Nicolas de Warren uses detailed analysis of texts by Husserl, some only recently published in German, to examine Husserl's treatment of time-consciousness and its significance for his conception of subjectivity. He traces the development of Husserl's thinking on the problem of time from Franz Brentano's descriptive psychology, and situates it in the framework of his transcendental project as a whole. Particular discussions include the significance of time-consciousness for other (...) phenomenological themes: perceptual experience, the imagination, remembrance, self-consciousness, embodiment, and the consciousness of others. The result is an illuminating exploration of how and why Husserl considered the question of time-consciousness to be the most difficult, yet also the most central, of all the challenges facing his unique philosophical enterprise"--Provided by publisher. (shrink)

In this chapter, we explore the development and importance of the connection between argumentation and artificial intelligence. Specifically, we show that the influence of argumentation on AI has occurred within a framework that is consistent with the basic approach of Pragma-Dialectics. While the pragma-dialectical approach is typically conceived of as applying primarily to argumentation occurring between human agents, we show that the basic features of this approach can consistently be applied in a virtual context, whereby the goal-directed activities of, and (...) exchanges of information between, artificial agents are regulated by procedural rules. (shrink)

This paper examines the views of Fogelin, Woods, Johnstone, etc., concerning deep disa-greements, force-five standoffs, philosophical controversies, etc. My approach is to reconstruct their views and critiques of them as meta-arguments, and to elaborate the meta-argumentative aspects of radical disa-greements. It turns out that deep disagreements are resolvable to a greater degree than usually thought, but only by using special principles and practices, such as meta-argumentation, ad hominem argumentation, Ramsey’s principle, etc.

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

In the historical context of a crisis in biological psychiatry, psychedelic drugs paired with psychotherapy are globally re-emerging in research clinics as a potential transdiagnostic therapy for treating mood disorders, addictions, and other forms of psychological distress. The treatments are poised to soon shift from clinical trials to widespread service delivery in places like Australia, North America, and Europe, which has prompted ethical questions by social scientists and bioethicists. Taking a broader view, we argue that the ethics of psychedelic therapy (...) concerns not simply how psychotherapies are different when paired with psychedelic drugs, but how psychedelic therapies shape and are shaped by different values, norms, and metaphysical commitments. Drawing from the published literature and interviews with seven psychedelic therapists working in clinical trials in the United States, Germany, Switzerland, and Australia, this article opens the black box of the treatments to consider the values and informal debates currently animating the therapies. Considering questions of patient autonomy, mechanisms of therapeutic action, and which therapies are best suited to pair with psychedelic substances, we examine the ethics of psychedelic therapy as an emergent form of life. To bring this form of life out in fuller relief, we conclude by comparing and contrasting it with ayahuasca use in Amazonian shamanism. (shrink)

This paper offers a probabilistic treatment of the conditions for argument cogency as endorsed in informal logic: acceptability, relevance, and sufficiency. Treating a natural language argument as a reason-claim-complex, our analysis identifies content features of defeasible argument on which the RSA conditions depend, namely: change in the commitment to the reason, the reason’s sensitivity and selectivity to the claim, one’s prior commitment to the claim, and the contextually determined thresholds of acceptability for reasons and for claims. Results contrast with, and (...) may indeed serve to correct, the informal understanding and applications of the RSA criteria concerning their conceptual dependence, their function as update-thresholds, and their status as obligatory rather than permissive norms, but also show how these formal and informal normative approachs can in fact align. (shrink)

In “The logic of deep disagreements” (Informal Logic, 1985), Robert Fogelin claimed that there is a kind of disagreement – deep disagreement – which is, by its very nature, impervious to rational resolution. He further claimed that these two views are attributable to Wittgenstein. Following an exposition and discussion of that claim, we review and draw some lessons from existing responses in the literature to Fogelin’s claims. In the final two sections (6 and 7) we explore the role reason can, (...) and sometimes does, play in the resolution of deep disagreements. In doing this we discuss a series of cases, mainly drawn from Wittgenstein, which we take to illustrate the resolution of deep disagreements through the use of what we call “rational persuasion.” We conclude that, while the role of argumentation in “normal” versus “deep” disagreements is characteristically different, it plays a crucial role in the resolution of both. (shrink)

. While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen in (...) a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

For decades, liberal democracy has been extolled as the best system of governance to have emerged out of the long experience of history. Today, such a confident assertion is far from self-evident. Democracy, in crisis across the West, must prove itself. This highly timely volume is both a conceptual and practical guide of impressive scope to the challenges of good governance as the world continues to undergo profound transformation in the coming decades.

Methexiology is not a particular theory, but rather a general philosophical orientation. Therefore, in Methexiology: Philosophical Theology and Theological Philosophy for the Deification of Humanity, Nicolas Laos elucidates the significance of methexiology for the study of ontology, epistemology, ethics, philosophical psychology, theory of justice, philosophy of history, and philosophy of religion. Laos argues that, faced with the modern and the postmodern crises of meaning, we need a new myth, a new spiritual formula, for the resacralization of humanity and the cosmos, (...) without restoring defunct totems, without using tales as "cheap" substitutes for the lack of a life-giving myth, and without negating history. In his Methexiology, Laos studies the "genealogy" of the modern and the postmodern crises of meaning, and, based on his new interpretation of classical Greek philosophy and Hesychasm, proposes methexiology as a way of overcoming the crises of meaning and as a way of resacralizing humanity and the cosmos through a new metaphysically grounded humanism. (shrink)

Our meta-argumentative vocabulary supplies the conceptual tools used to reflectively analyse, regulate, and evaluate our argumentative performances. Yet, this vocabulary is susceptible to misunderstanding and abuse in ways that make possible new discursive mistakes and pathologies. Thus, our efforts to self-regulate our reason-transacting practices by articulating their norms makes possible new ways to violate and flout those very norms. Scott Aikin identifies the structural possibility of this vicious feedback loop as the Owl of Minerva Problem. In the spirit of a (...) shared concern for the flourishing or our rational, argumentative practices, this paper approaches the Owl of Minerva Problem from a vantage point that, by comparison with Aikin’s, affords perspectives that are more pessimistic in some aspects and more optimistic in others. Pessimistically, the problem at the root of the weaponization of our meta-argumentative vocabulary is motivational, not structural. Its motivational nature explains its resistance to the normal repertoire of reparative argumentative maneuvers, as well as revealing a profound and deeply entrenched misunderstanding of the connection between our reasons-transacting practices and the goods achievable within them. Optimistically, in the absence of this motivational problem, the misunderstandings and errors made possible by our meta-argumentative vocabularies are amenable to remedy by familiar techniques of discursive instruction and repair. More optimistically, even though our meta-argumentative vocabularies are generated only retrospectively, they can be used prospectively, thereby making possible an aspirational motivation resulting in a virtuous cycle of increasingly autonomous normative self-regulation. Properly harnessed, the Owl of Minerva releases the Lark of Arete. (shrink)

Blaise Pascal est le penseur radical des limites et des contradictions de l'homme, ni ange ni bête. Contrairement à ce qu'en prétend l'orgueil de toute une modernité, la raison ne peut pas tout ; mais contrairement au désespoir du fanatisme, la raison n'est pas sans force. Jusqu'où alors peut-elle s'exercer? Pour Pascal, la philosophie ne saurait faire l'économie de la question de Dieu, Elle doit donc croiser la théologie. Mais comment vont se nouer l'ordre de l'esprit et celui de la (...) charité? Pascal produit ainsi une analyse critique de la philosophie comme telle, de ses capacités et de ses limites, que le présent ouvrage se donne pour tâche de clarifier. Que peut la philosophie? Mais qui décide de ce qu'elle peut, et surtout de ce qu'elle ne peut pas? Comment s'établissent alors ses rapports avec la théologie? Ce que Pascal nous invite ainsi à penser, c'est toujours à la fois la misère et la grandeur de la philosophie. (shrink)

Dans son dernier cours au Collège de France, Michel Foucault nous parle d'un oubli, plus fondamental à ses yeux que le fameux "oubli de l'être", ou plus précisément d'une négligence ; une négligence dont la philosophie est responsable, ce qui est d'autant plus paradoxal qu'il concerne précisément la vie philosophique. "Je voudrais, en tout cas, suggérer simplement que s'il est vrai que la question de l'être a bien été ce que la philosophie occidentale a oublié et dont l'oubli a rendu (...) possible la métaphysique, peut-être aussi la question de la vie philosophique n'a-t-elle pas cessé d'être, je ne dirais pas oubliée, mais négligée ; elle n'a pas cessé d'apparaître comme en trop par rapport à la philosophie, à la pratique philosophique, à un discours de plus en plus indexé au modèle scientifique" Cette négligence a une histoire. Car le problème de la vie philosophique a été posé dans toute sa radicalité dans l'Antiquité ; il n'était pas complètement oublié à l'époque moderne, comme en témoigne l'oeuvre de Spinoza ; mais à partir du moment "où la philosophie est devenue un métier de professeur, c'est-à-dire au début du XIXème siècle", elle a évacué du champ des problèmes pertinents, des problèmes "sérieux", cela même qui pourtant lui avait donné son horizon et sa raison d'être : la possibilité de définir une vie philosophique, c'est-à-dire une vie juste, une vie bonne, une "vraie vie". (shrink)

Die Utopien sind tot, es leben die Utopien. In diesem Buch wird die Utopie sozialer Gerechtigkeit entwickelt. INhaltlich besteht es in dem Dreischritt, (1) aus im Alltag von jedermann hin und wieder geauSSerten situativen Urteilen das gemeinsame Grundverstandnis von Gerechtigkeit zu destillieren, (2) anhand dieses Gelanders die bedeutendsten zeitgenossischen Theoretiker sozialer Gerechtigkeit akribisch zu lesen und in konstruktiver Absicht zu kritisieren, um (3) in ersten Ansatzen eine gerechtere Zukunftsgesellschaft zu skizzieren, deren quer zu tradierten Ideologien liegendes System sich ethischer Sozialismus (...) nennen lieSSe. (shrink)

This book advances a new interpretation of Hart's penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule-utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal and constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this (...) means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart's key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart's philosophy, the philosophy of law and criminal law. (shrink)

Die Suche nach historischen Quellen für die Leibniz’sche Philosophie scheint zunächst unerschöpflich. Durch alle in diesem Band versammelten Arbeiten wird der Einfluss der Philosophie des Aristoteles auf das Leibniz’sche Denken näher umrissen. Ein wesentliches Ziel ist es hierbei, einen Beitrag zur Analyse dieser philosophischen Beziehung zu leisten und zu zeigen, dass auch Aristoteles’ Philosophie nach Ansicht unserer Autoren entscheidend zum Verständnis des Leibniz’schen Denkens beiträgt. Die Texte befassen sich mit wesentlichen Themen der Leibniz’schen Logik und Metaphysik, z. B. mit den (...) Grundbegriffen „Monade“ (und deren „Körperhaftigkeit“), „Entelechie“, „Nous“, mit dem Problem der Individuation (Individuum, Atomismus, Einheit), mit den substanziellen Formen, mit der Wissenschaft im Allgemeinen und der Technik, mit der Transformation der Logik, mit den Prinzipien (nämlich denjenigen des zureichenden Grundes, der Individuation und der Notwendigkeit), mit Zukunft und Kontingenz sowie Vergänglichkeit, mit der Theorie der syllogistischen Folgerung, usw. Diese Themen werden stets in der Gegenüberstellung von Leibniz und Aristoteles behandelt – sie zeigen daher, wie Leibniz aristotelische Thesen übernahm, veränderte oder kritisierte. The search for the historical sources of Leibniz’s philosphy initially seems to be unending. All the essays in this volume outline more clearly the influence of Aristotle’s philosophy on Leibniz’s thought. In this context a fundamental aim is to contribute to the analysis of this philosophical relationship and to demonstrate that Aristotle’s philosophy, in the opinion of our authors, plays a decisive role in the understanding of Leibniz’s thought. The texts address fundamental themes of Leibniz’s logic and metaphysics, e.g. the basic concepts of ‘monads’ (and their ‘corporality’), ‘entelechy’ and ‘nous; the problem of individuation (individual, atomism, unity); substantial forms; knowledge in general, and technology; the transformation of logic; principles (namely those of sufficient grounds, of individuation and of necesssity); future and contingency and transientness; the theory of syllogistic deduction, etc. These themes are regularly considered in the comparison between Leibniz and Aristotle – they demonstrate how Leibniz took over, treated or criticised Aristotelian theses. (shrink)

1. L'oeuvre musicale et son écoute -- 2. Le monde-musique et son solfège -- 3. Le musicien et son intellectualité musicale -- 4. Les raisonances du monde-musique ; postlude d'Alain Badiou.

Trente et un penseurs, parmi lesquels Jacques Derrida, Françoise Héritier, Edgar Morin, Jean-Luc Nancy, Michel Onfray ou encore Jacques Rancière, pour comprendre les errements et les raisons d'espérer d'une planète convulsée. Dix-neuf entretiens et débats avec les intellectuels les plus engagés dans la réflexion sur le temps présent dressent un état des lieux des questions qui taraudent notre modernité. Issu du Théâtre des idées, cycle de rencontres intellectuelles du Festival d'Avignon (2004-2012), ces dialogues singuliers s'attachent à faire vivre l'esprit critique, (...) cette faculté de juger, de soumettre la réalité sociale, artistique ou politique au tamis du jugement argumenté, qu'il soit sérieux ou ironique, virulent ou tempéré. De très actuelles "résistances intellectuelles" qui esquissent ce que pourrait être un service public des idées, c'est-à-dire un accès direct, libre et partagé à l'intellectualité. (shrink)

Adversariality in argumentation is typically theorized as inhering in, and applying to, the interactional roles of proponent and opponent that arguers occupy. This paper considers the kinds of adversariality located in the conversational roles arguers perform while arguing—specifically listening. It begins by contending that the maximally adversarial arguer is an arguer who refuses to listen to reason by refusing to listen to another’s reasons. It proceeds to consider a list of lousy listeners in order to illustrate the variety of ways (...) that the conversational role of listener can be performed adversarially. Because conversational roles, while not adversarial by nature, can be enacted adversarially, arguers are properly subject to praise and blame for their performances of these roles. Thus, the paper concludes, argumentation theory stands in need of an articulated normative vocabulary and theory to codify, apply, explain, and justify the norms of listening governing, guiding, and appraising arguers’ performances of listening in argumentation. (shrink)

Working within the broad lines of general consensus that mark out the core features of John Stuart Mill’s (1806–1873) logic, as set forth in his A System of Logic (1843–1872), this chapter provides an introduction to Mill’s logical theory by reviewing his position on the relationship between induction and deduction, and the role of general premises and principles in reasoning. Locating induction, understood as a kind of analogical reasoning from particulars to particulars, as the basic form of inference that is (...) both free-standing and the sole load-bearing structure in Mill’s logic, the foundations of Mill’s logical system are briefly inspected. Several naturalistic features are identified, including its subject matter, human reasoning, its empiricism, which requires that only particular, experiential claims can function as basic reasons, and its ultimate foundations in ‘spontaneous’ inference. The chapter concludes by comparing Mill’s naturalized logic to Russell’s (1907) regressive method for identifying the premises of mathematics. (shrink)

In a series of recent papers beginning with their “Splitting a difference of opinion: The shift to negotiation” Jan Albert van Laar and Erik Krabbe claim that it is sometimes reasonable to shift from a critical discussion to a negotiation in order to settle a difference of opinion. They argue that their proposal avoids the fallacies of bargaining and middle ground. Against this permissive policy for shifting to negotiation, we argue that the motivating reasons for such shifts typically fail, and (...) that the permissive policy avoids neither fallacy while structurally incentivizing two types of strategic maneuvering that constitute rational and argumentative hazards: argumentative overcharge and abandonment of discussion. (shrink)

This paper argues against the priority of pure, virtue-based accounts of argumentative norms [VA]. Such accounts are agent-based and committed to the priority thesis: good arguments and arguing well are explained in terms of some prior notion of the virtuous arguer arguing virtuously. Two problems with the priority thesis are identified. First, the definitional problem: virtuous arguers arguing virtuously are neither sufficient nor necessary for good arguments. Second, the priority problem: the goodness of arguments is not explained virtuistically. Instead, being (...) excellences, virtues are instrumental in relation to other, non-aretaic goods—in this case, reason and rationality. Virtues neither constitute reasons nor explain their goodness. Two options remain for VA: either provide some account of reason and rationality in virtuistic terms, or accept them as given but non-aretaic goods. The latter option, though more viable, demands the concession that VA cannot provide the core norms of argumentation theory. (shrink)

This paper examines the adequacy of commitment change, as a measure of the successful resolution of a difference of opinion. I argue that differences of opinion are only effectively resolved if commitments undertaken in argumentation survive beyond its conclusion and go on to govern an arguer’s actions in everyday life, e.g., by serving as premises in her practical reasoning. Yet this occurs, I maintain, only when an arguer’s beliefs are changed, not merely her commitments.

This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to (...) Pinto (2001). Concerning critical questions, we propose an account on which they are founded in the R.S.A. cogency standard, and develop an account of the relationship between critical questions and burden of proof. Our ultimate aim is to initiate a reconciliation between dialectical and informal logic approaches to the schemes. (shrink)

Visual arguments can seem to require unique, autonomous evaluative norms, since their content seems irreducible to, and incommensurable with, that of verbal arguments. Yet, assertions of the ineffability of the visual, or of visual-verbal incommensurability, seem to preclude counting putatively irreducible visual content as functioning argumentatively. By distinguishing two notions of content, informational and argumentative, I contend that arguments differing in informational content can have equivalent argumentative content, allowing the same argumentative norms to be rightly applied in their evaluation.

Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially generated modal (...) qualifier, “presumably, p,” distinguishing it from other, particularly epistemic modalities, e.g., standing commitments, assumptions, assertions, suppositions, hypotheses, and defeasible claims. By avoiding the tranching of inferential instruments of qualitatively different bona fides and risk profiles, this account provides a more accurate risk-rating system that better manages epistemic risk in inference, as well as contributing to the normative theory of the operation of presumption in reasoning and argument. (shrink)

Recent work on conditional reasoning argues that denying the antecedent [DA] and affirming the consequent [AC] are defeasible but cogent patterns of argument, either because they are effective, rational, albeit heuristic applications of Bayesian probability, or because they are licensed by the principle of total evidence. Against this, we show that on any prevailing interpretation of indicative conditionals the premises of DA and AC arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather (...) depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. arguments do not license their conclusions without additional assumptions. The cogency of DA and AC inferences rather depends on contingent factors extrinsic to, and independent of, what is asserted by DA and AC arguments. (shrink)