This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...) prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P. (shrink)

Reseña del último libro de la filósofa italo-australiana Rosi Braidotti: Feminismo Posthumano (2022).

One of the central critiques of the bourgeois conception of public holds that, in its implicit claim to universality, it fails to account for the material particularities of social groups and for the variety of possible rationalities. Some theorists have aimed to solve this problem by describing particular publics and particular rationalities based on racial, ethnic, gender, or political identities. While particularist public models represent difference in protest of the totalizing and counterfactual valence of a bourgeois conceptualization of public, they (...) fail to acknowledge that glossing difference is fundamental to the function of and the authorizing power of public, as it is marshalled by speakers. By analogizing Perelman and Olbrechts-Tyteca's universal audience with public, this paper (a) introduces the public metonym, a rhetorically productive counterfactual totality that glosses the material particularities of social groups, (b) critiques the particularist approach to the paradox of public, (c) introduces the resistance metonym as a rhetorically-minded alternative, and (d) clarifies distinctions among projects that claim to address a common object called pUblic. (shrink)

Sometimes we draw conclusions about a thing's existence or its value by considering what are thought to be its consequences. I shall say that an argument is pragmatic when it consists in estimating an action, or any event, or a rule, or whatever it may be, in terms of its favourable or unfavourable consequences; what happens in such cases is that all or part of the value of the consequences is transferred to whatever is regarded as causing or preventing them.

This book comprises a series of studies devoted to an analytic examination of reasoning in the field of conduct. The first is analysis of the idea of justice undertaken in a spirit of positivism; the series continues in a different vein necessitated by compelling obligation the author found himself under to work out a logic of value judgments. This logic is in fact the Rhetoric and Topics of antiquity: the author's "Traité de l' Argumentation gave this new life, and the (...) present work demonstrates its philosophical importance. (shrink)

There is an argument, well known in the history of philosophy, which makes all knowledge ultimately depend on some kind of intuitive or sensory immediacy. According to this argument, either the proposition itself is self–evident; 2 or else it can be shown to follow, with the help of a chain of intermediate links, from other propositions which are self–evident. Moreover, it is this self–evidence of immediate knowledge and only this which, again speaking traditionally, sufficiently guarantees the truth of the affirmations (...) of a science as opposed to those of various and fluctuating opinions. (shrink)

Reflection Principles are commonly thought to produce only strong axioms of infinity consistent with V = L. It would be desirable to have some notion of strong reflection to remedy this, and we have proposed Global Reflection Principles based on a somewhat Cantorian view of the universe. Such principles justify the kind of cardinals needed for, inter alia , Woodin’s Ω-Logic.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 189-206 [Access article in PDF] First Philosophies and Regressive Philosophy Chaïm Perelman "As a crystal reconstitutes itself from one of its particles, all philosophy creates itself from the idea of an open dialectic, and carries, in itself, the same dialectical character." —Ferdinand Gonseth A number of metaphysicians, including Bergson and Heidegger, consider metaphysics the only knowledge of consequence and use the word to (...) refer to their own philosophies. But a large number of eminent metaphysicians, among them Descartes, Spinoza, Kant, Fichte and Hegel had only disdain for metaphysics and used the word to discredit the philosophy of their adversaries. D'Alembert (602-604) once noted that those referred to as metaphysicians had little regard for one another. "I have no doubt," he added, "that this title will soon be an insult to our great minds, just as the name sophist which, although it meant wise, was debased in Greece by those who bore it and rejected by the true philosophers."The preceding remarks should, I think, convince the few who would still doubt it that declaring oneself an adversary of metaphysics does not mean that one does not do metaphysics. On the contrary, the very fact of opposing a certain conception of metaphysics presupposes that one advocates another conception of metaphysics; this needs to be made explicit, if it is only implicit. In a very interesting study, Mr. Everett W. Hall has recently analyzed the metaphysical assumptions of four types of positivism (Mach, Comte, Watson, Carnap). Even without this analysis the conclusion is predictable; he who is opposed to a certain manner of treating a problem remains himself within the same problematic. Indeed, such oppositions produce a continuous expansion and dialogue about the meaning of the word "metaphysics." This happens not through an automatic and necessary dialectic, but through the dialectic directed by the philosopher's concerns.The first metaphysicians set forth a particular philosophy of being [être]; those opposed advocated a different philosophy of being. By expanding its meaning, Aristotle gave metaphysics its first dialectical movement and identified it as the study of being as being and ontology. Kantian criticism treats dogmatic metaphysics with disdain, and shows that all theories [End Page 189] of being must be preceded by a theory of knowledge: the first principles of philosophy would be those of epistemology and not those of ontology. Since Kant, and for more than a century, metaphysical debates would be about the primacy of ontology or epistemology, and the opposition to their variants, realism and idealism. Then, at the end of the nineteenth century, the debate broadened. Under the influence of pragmatism, the philosophy of values, and Bergsonism, a strong current of philosophical thinking developed, which integrated the theory of knowledge into a general theory of action. It proclaimed the primacy of a philosophy of action, philosophy of life, and philosophy of values. It is within a metaphysics broadened by these various developments that different conceptions of metaphysics will struggle to establish the primacy of their principles. But, despite their differences, all of these metaphysics can be considered first philosophies.Aristotle wrote a treatise on first philosophy, the first to be called metaphysics. First philosophies refer to any metaphysics that purports to determine first principles such as the fundamentals of being (ontology), of knowledge (epistemology), or of action (axiology). First philosophies position first principles as absolute and that they underlie all philosophical questions. The word "first" informs the argumentation used to establish the primacy of first philosophies. A principle is first when it comes before all others in a temporal, logical, epistemological or ontological order; the insistence on this point serves to emphasize its primacy or axiologic pre-eminence. That which is first or basic, that which precedes or presupposes all the rest, is also first in order of importance.As systematic metaphysics, first philosophies establish an interdependence among ontology, epistemology, and axiology. The course taken by first philosophies is determined by a starting point constituted by a necessary reality, a self-evident concept, or an absolute value before which one can... (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will (...) achieve the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

M. Dupréel est, avant tout, un moraliste et un sociologue, et sa théorie de la connaissance est, nettement, d'inspiration sociologique. En insérant les problèmes de la connaissance dans la trame de la vie sociale, en raisonnant sur une pensée complète, et non sur une pensée appauvrie et schématisée, M. Dupréel arrive à des conclusions qui sont souvent très proches de celles que le lecteur est habituéà lire dans Dialectica.Je fais précéder les extraits choisis d'indications bibliographiques qui concernent uniquement les travaux (...) dont ces fragments ont été tirés; il ne faudrait donc pas u voir la liste complète des œuvres de M. Dupréel. (shrink)

The New Rhetoric is founded on the idea that since "argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced," says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will (...) achieve the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, in God, in all reasonable and competent men, in the man deliberating or in an elite." Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes facts and reasonableness and thus help to determine the universal audience that, in turn, shapes the orator's approach. The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres-forensic, deliberative, and epideictic-is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. Epideictic oratory, Perelman argues, has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds." These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to establish a sense of communion centered around particular values recognized by the audience.". (shrink)

Human rights, as legally understood, must be safeguarded. This presupposes a state of law. The safeguarding of human rights further presupposes an independent judiciary applying the law in a community with common values and aspirations. The foundation of human rights is an individualistic philosophy dependent on the respect for truth and the possibility for the individual to attain it. The respect for the dignity of the human person is the result of a long historical development from this starting point.

Inleidend overzicht van de wijsgerige ethiek.

In lieu of an abstract, here is a brief excerpt of the content:Poetry in TheoryBob Perelman (bio)Home MoviesWhen my wife and I went to Guatemala in 1975 for our honeymoon, our eyes were opened to novel states of affairs. Money, for instance, was not continuous, but was kept in place only sporadically and with the broadest hints of violence. In Guatemala City, sixteen-year-old Mayan kids in army camouflage with submachine guns were stationed on every street corner where there was (...) a bank. But the local remained thoroughly distant from any would-be universal. An elderly middle-aged Mayan man at a market outside the capital balked rather indignantly when I gave him a paper bill to pay for the chair we had agreed I would buy; the woman at the stand next to him urged him to accept the money saying. “Se sirve! Se sirve!” (It—paper money—works! It works!)Nor was geography continuous. Knowledge of the country was both guarded and somewhat fantastic. It was impossible to obtain a map of the interior (guerrilla trouble). We spent one long afternoon negotiating our way into a bureaucratic building where, after signing our names in a notebook, we were allowed a glimpse at some antique maps that, in my memory at least, verged on watercolors. We hooked up with a Chinese archeologist from Iowa State who directed us to Sayache, which we reached after a six-hour busride and a trip across the Uxamachinto River in a mahogany dugout. There was one hotel in town, owned by a man who was also mayor, judge, and, clearly, king. He joined us for dinner. In the dining room we saw an old map that showed Guatemala with a large bulge stretching northeast to the Gulf of Mexico. The longlasting territorial dispute between Guatemala and Britain that resulted in the creation of British Honduras, which then became Belize, had been finally resolved, at least on this framed print which showed Belize as fully dissolved into Guatemala. When I asked the mayor about the map he replied that Belize belonged to Guatemala, had always been part of Guatemala. In response to some tentative question of mine about negotiation or tactics, he said of Belize, pounding his fist on the table, “Tomalo!” (Take it!)Alien, Point-Blank, Green, and ActualThe vagaries of mapping and the intermittent condition of value that these old home movies demonstrate strike me as suggestive for figuring the relations between poetry to its institutional or generic neighbors, theory and literary criticism. In a larger and more theoretically committed piece I would want to specify the different discursive regimes with some precision, but here I will use “theory” as a shorthand for everything that goes on in literature departments, even though this shortcircuits the large conflicts currently raging about the nature of the profession; “poetry,” in this same shorthand, should therefore equal what gets taught and reproduced in creative writing departments and writing workshops, though ultimately I will be proposing a differently oriented writing as what I want for poetry. But for now the words on the map will be “poetry” and “theory”—even if they also flood me with defensiveness and apathy, especially when it comes to theory. “Theory”? Postcolonial studies? Marxism? Queer theory? Deconstruction? Cultural studies? Film studies? It feels as if I were to introduce a specialist in gender in [End Page 158] eighteenth-century German theater as someone working with “words.” The desire to make discursive sentences wanders off...But one negative specific comes quickly to mind. I do not intend a binding allegory in which some primitive or pristine “Guatemala” stands for “poetry”—quite the contrary. There are, unfortunately in my view, many such constructions in which poetry is one or another brand of elemental exoticism. Poetry as a natural, irrational, sensuous, intuitive, musical, sonic bastion is an idea that is still widely diffused. One well-known example, which forced itself to mind as soon as I thought of those Guatemalan scenes, occurs in Wallace Stevens’s “Arrival at the Waldorf,” which ends by invoking an “alien, point-blank, green, and actual Guatemala.” Of course, it is a complex poem and as I read it, checking the context of the remembered line, my... (shrink)

Scientific realists have suggested that changes in our scientific communities over the course of their history have rendered those communities progressively less vulnerable to the problem of unconcieved alternatives over time. I argue in response not only that the most fundamental historical transformations of the scientific enterprise have generated steadily mounting obstacles to revolutionary, transformative, or unorthodox scientific theorizing, but also that we have substantial independent evidence that the institutional apparatus of contemporary scientific inquiry fosters an exceedingly and increasingly theoretically (...) conservative form of that inquiry. I conclude that contemporary scientific communities are actually more vulnerable to the problem of unconceived alternatives than their historical predecessors, and I briefly suggest how we might seek to pursue scientific inquiry in a less theoretically conservative way. (shrink)

We continue to explore the consequences of Thermal Relativity Theory to the physics of black holes. The thermal analog of Lorentz transformations in the tangent space of the thermodynamic manifold are studied in connection to the Hawking evaporation of Schwarzschild black holes and one finds that there is no bound to the thermal analog of proper accelerations despite the maximal bound on the thermal analog of velocity given by the Planck temperature. The proper entropic infinitesimal interval corresponding to the Kerr–Newman (...) black hole involves a \ non-Hessian metric with diagonal and off-diagonal terms of the form \^2 = g_{ ab } d Z^a dZ^b\), where \ are the mass, charge and angular momentum, respectively. Since the computation of the scalar curvature associated to this metric is very elaborate, to simplify matters, we focused on the singularities of the metric and found that they correspond to the extremal Kerr–Newman black hole case \ with vanishing temperature. Black holes in asymptotically Anti de Sitter spacetimes are more subtle to study since the mass turns out to be related to the enthalpy rather that the internal energy. We finalize with some remarks about the thermal-relativistic analog of proper force, the need to extend our analysis of Gibbs-Boltzmann entropy to the case of Reny and Tsallis entropies, and to complexify spacetime. (shrink)