If circumstances were always simple and all arguers were always exclusively concerned with cognitive improvement, arguments would probably always be cooperative. However, we have other goals and there are other arguers, so in practice the default seems to be adversarial argumentation. We naturally inhabit the heuristically helpful but cooperation-inhibiting roles of proponents and opponents. We can, however, opt for more cooperative roles. The resources of virtue argumentation theory are used to explain when proactive cooperation is permissible, advisable, and even mandatory (...) – and also when it is not. (shrink)

This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...) reasoning by precedent that is descriptively minimally adequate will leave some room for judicial discretion. Discretion should be used under consideration of the best legally relevant arguments for and against a decision. Integrating analogical reasoning helps the judge to bring to her own attention the strongest case for following. Analogical reasoning also eases the recognition of possible reasons for distinguishing. Thereby, it facilitates a more balanced decision-making process. (shrink)

Is argumentation essentially adversarial? The concept of a devil's advocate—a cooperative arguer who assumes the role of an opponent for the sake of the argument—serves as a lens to bring into clearer focus the ways that adversarial arguers can be virtuous and adversariality itself can contribute to argumentation's goals. It also shows the different ways arguments can be adversarial and the different ways that argumentation can be said to be "essentially" adversarial.

When evaluating the arguer instead of the argument, we soon find ourselves confronted with a puzzling situation: what seems to be a virtue in one argumentative situation could very well be called a vice in another. This paper will present the idea that there are in fact two sets of virtues an arguer has to master—and with them four sometimes very different roles.

Feminist argumentation theorists have criticized the Dominant Adversarial Model in argumentation, according to which arguers should take proponent and opponent roles and argue against one another. The model is deficient because it creates disadvantages for feminine gendered persons in a way that causes significant epistemic and practical harms. In this paper, I argue that the problem that these critics have pointed out can be generalized: whenever an arguer is given a role in the argument the associated tasks and norms of (...) which she cannot fulfill, she is liable to suffer morally significant harms. One way to react to this problem is by requiring arguers to set up argument structures and allocate roles so that the argument will be reasons-reflective in as balanced a way as possible. However, I argue that this would create to heavy a burden. Arguers would then habitually have to take on roles that require them to divert time and energy away from the goals that they started arguing for and instead serve the goal of ideal reasons-reflectiveness. At least prima facie arguers should be able to legitimately devote their time and energy towards their own goals. This creates a problem: On the one hand, structures that create morally significant harms for some arguers should be avoided—on the other hand, arguers should be able to take argument-roles that allow them to devote themselves to their own argumentative goals. Fulfilling the second requirement for some arguers will often create the morally significant harms for their interlocutors. There are two possible solutions for this problem: first, arguers might be required to reach free, consensual agreements on the structure they will adopt for their argument and the way they will distribute argumentative roles. I reject this option as both fundamentally unfeasible and practically unrealistic, based on arguments developed by theorists like Krabbe and Jacobs. I argue that instead, we should take a liberal view on argument ethics. Arguers should abide by moral side constraints to their role taking. They should feel free to take roles that will allow them to concentrate on their argumentative goals, but only if this does not create a situation in which their interlocutors are pushed into a role that that they cannot effectively play. (shrink)

When a new theory of argumentation becomes available on the English-speaking market, such as it is happening now through the translation of Harald Wohlrapp’s The Concept of Argument, it is always interesting to work out how the new input will interact with the work that has otherwise been done in the field. This comment aims to determine whether rhetoric has a place in Wohlrapp’s account of argumentation.

ABSTRACT This paper contributes to the debate about the strawman fallacy. It is the received view that strawmen are employed to fool not the arguer whose argument they distort, but instead a third party, an audience. I argue that strawmen that fool their victims exist and are an important variation of the strawman fallacy because of their special perniciousness. I show that those who are subject to hermeneutical lacunae or who have since forgotten parts of justifications they have provided earlier (...) are especially vulnerable to falling for strawmen aimed at their own positions or arguments. Adversarial argumentation provides especially fertile ground for strawmen that fool their own victims, but cooperative argumentation is no fail-safe protection from them either. (shrink)

Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...) are used to show that an equivalent present decision would also be justified. Both arguments are a type of argument by analogy. They differ in their structures and conditions of cogency, even though they often look the same in presentation. Their similar appearance poses a risk of miss-evaluation and fallacious use. Therefore a clearly theorized distinction is important. (shrink)

Humility holds a modest but important place among the judicial virtues. But in spite of its growing popularity, it does not yet have a place on the ‘central judicial virtues’ lists. This paper provides an argument that judicial humility, especially institutional judicial humility, should be considered a necessary judicial virtue at least in common-law jurisdictions. This is because it is a necessary ingredient in precedent-based decisions that are fully justified from the point of view of the law and of political (...) morality. Further, while it is sufficient that individual judges make decisions that a humble judge would have made, the judicial community must in fact be humble in order to produce fully justified common-law decisions – humility is therefore necessary as a community-virtue. (shrink)

Abstract:In this paper, I show that certain parts of constitutional texts can plausibly be thought of as having a meaning that changes and evolves on its own. This idea is widely rejected, especially but not only by a group of legal theorists who subscribe to a theory of constitutional interpretation called originalism. In a recent paper, the originalist Lawrence Solum has defended the so-called “fixation thesis”, according to which the meaning of the constitutional text is fixed when it was first (...) enacted and does not change later on. Solum rejects the idea that the meaning of the constitutional text might evolve because he cannot identify a plausible way in which any text could have an evolving meaning. I argue that there are such texts and offer folk-fairy-tales as an example. I then go on to present reasons why constitutions can plausibly be considered to be texts that, like fairy-tales, change their meanings independently. (shrink)

Some authors argue that the rule-of-law ideal gives judges a prima facie duty to provide a determinate formulation of the precedent’s general norm in all their precedent-opinions. I question that claim. I agree that judges have a duty to decide their cases based on reasons and that they should formulate these reasons in their opinions. I also agree that formulations of general norms should be the goal of common-law development and that judges have a duty to contribute to the realization (...) of this goal. However, I argue that judges may sometimes do so better if they do not provide a determinate formulation of a general norm in their opinion. Often, judges may not feel confident that they are able to formulate a good general norm for their precedent decision, even if they believe that their decision is both correct and justifiable through argument. In this case, various reasons speak against providing a determinate formulation of a general norm, including rule-of-law reasons. (shrink)

Arguments involve, at minimum, attempts at presenting something that an audience will take to be a reason. Reasons, once understood, affect an addressee’s beliefs in ways that are in some significant sense outside of their direct voluntary control. Since such changes may impact the well-being, life projects, or sense of self of the addressee, they risk infringing upon their autonomy. We call this the “autonomy worry” of argumentation. In light of this worry, this paper asks whether one ought to seek (...) an addressee’s consent before arguing with them. We first consider the view that arguing of any sort and on any topic requires consent. However, such a view is extreme, and we reject the general requirement of consent because argument contains its own internal permission structure. We find, however, that this permission structure is not always operative, and that consent may nonetheless be morally required in certain kinds of cases. (shrink)

The passage of time influences the content of the law and therefore also the validity of legal arguments. This is true even for charter-arguments, despite the widely held view that constitutional law is made to last. In this paper, I investigate the reason why the sanctity-of life argument against physician assisted suicide lost its validity between the Supreme Court decision in Rodriguez v. British Columbia in 1993 and Carter v. Canada in 2015. I suggest that a rhetorical approach to argument (...) evaluation is the best basis for a satisfying explanation. (shrink)

At a recent rally, Donald Trump resumed a habit he had developed during his election-rallies and read out the lyrics to a song. It tells the Aesopian fable of The Farmer and the Snake: A half frozen snake is taken in by a kind-hearted person but bites them the moment it is revived. Trump tells the fable to make a point about Islamic immigrants and undocumented immigrants from Southern and Central America: He claims the immigrants will cause problems and much (...) stricter immigration-policies are needed. I assume that Trump treats the fable as an argumentative device for supporting his stance on immigration. He uses it as a source-analogue both for the conclusion that immigrants will cause problems and for changing the frame in which immigrants and those willing to let them enter are seen. This gives me opportunity to examine the effect fables have as argumentative devices. Fables are a popular and effective choice for political argumentation. They are slimmed down, semi-abstract narratives, well suited for directing the audience's attention to a few properties of an otherwise complex situation. However, this also makes it easy to use them for manipulating an audience into oversimplifying complex contexts and stereotyping human beings. (shrink)

It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical Data (...) Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

While research has focused on the role of racism in (re)producing ethnic/racial inequalities in education, there is very little research that investigates how variability in minority students’ responses to racism can be explained. By using an ecological approach to integrate existing research on actors’ responses to racism, this study finds that researchers have generally neglected factors and processes situated at the micro- and meso-levels of analysis. Qualitative interview data with Turkish–Cypriot children enrolled in schools in the predominantly Greek-speaking part of (...) the Republic of Cyprus are used to investigate their strategies in response to racism and the factors that explain the observed variability in their responses. The findings suggest the importance of and interactions between factors situated at different levels of analysis, including the level of organizations and social groups and face-to-face interactions in explaining variability in young people’s responses to racism. (shrink)

This article proposes a retheorisation of Rawlsian civil disobedience through examining the burdens we expect people to bear when they practice civil disobedience, focussing specifically on marginalised groups. First, I consider public concerns over civil disobedience, to elicit the idea of an ‘authentic civil disobedience’. I then assess the claim that civil disobedience occurs within a ‘nearly just’ society in order to recognise the more complex position of marginalised civil disobedients. This allows me to frame any criteria we theorise for (...) civil disobedience as a wicked problem. Next, I examine one particular criterion dominant within the literature: that to be interpreted as civil disobedience, disobedients must show a willingness to suffer the legal consequences – and so, must not act anonymously. I claim that this asks too much of civil disobedients in a marginalised context and conclude civil disobedience theory needs retheorising to consider when and why anonymity is acceptable. (shrink)

The rapid expansion of Big Tech companies into various societal domains (e.g., health, education, and agriculture) over the past decade has led to increasing concerns among governments, regulators, scholars, and civil society. While existing theoretical frameworks—often revolving around privacy and data protection, or market and platform power—have shed light on important aspects of Big Tech expansionism, there are other risks that these frameworks cannot fully capture. In response, this editorial proposes an alternative theoretical framework based on the notion of sphere (...) transgressions, which draws on political philosopher Michael Walzer's theory of justice. The editorial not only introduces the sphere transgressions framework, but it also highlights its potential to generate novel research questions. Furthermore, this editorial introduces eight articles and one commentary from a group of interdisciplinary scholars that critically examine Big Tech expansionism by reflecting on this expansionism from the perspective of different societal spheres or by engaging with the sphere transgressions framework itself. (shrink)

Short food supply chains have become the focus of considerable research in the last two decades. However, studies so far remain highly localized, and claims about the economic and social advantages of such channels for farmers are not backed by large-scale empirical evidence. Using a web survey of 613 direct-market farmers across Canada, this article explores the potential economic and social benefits that farmers derive from participating in short food supply chains. We used multivariate analysis to test whether a farmer’s (...) degree of involvement in direct food channels is positively correlated with levels of work enjoyment, social satisfaction, and economic satisfaction. The results indicate that, overall, direct-market farmers report high levels of occupational satisfaction, although work-related challenges persist, such as stress, excessive workloads, and competition. Farmer participation in short food chains was also a positive predictor of work enjoyment and economic satisfaction, but not of social satisfaction, as measured by the share of total farm sales attributable to direct selling. Net annual farm revenue, the share of direct food sales involving a middleman, age, and gender also correlated with one or more dimensions of occupational satisfaction. (shrink)

In his article The Nature, Importance, and Difficulty of Machine Ethics, James H. Moor distinguishes two lines of argument for those who wish to draw a “bright line” between full ethical agents, such as human beings, and “weaker” ethical agents, such as machines whose actions have significant moral ramifications. The first line of argument is that only full ethical agents are agents at all. The second is that no machine could have the presumed features necessary for ethical agency. This paper (...) shows why Moor is mistaken in his refutation of the first line of argument; it also makes a positive case that “weaker” ethical agents are not agents at all. This positive case, however, allows Moor’s rejection of the second line of argument to stand: allowing that there could be moral machines, but that these machines would have to be full moral agents and not merely something that models moral behavior or can be used in morally charged ways. (shrink)

The effect of concurrent movement on incidental versus intentional statistical learning was examined in two experiments. In Experiment 1, participants learned the statistical regularities embedded within familiarization stimuli implicitly, whereas in Experiment 2 they were made aware of the embedded regularities and were instructed explicitly to learn these regularities. Experiment 1 demonstrated that while the control group were able to learn the statistical regularities, the resistance-free cycling group and the exercise group did not demonstrate learning. This is in contrast with (...) the findings of Experiment 2, where all three groups demonstrated significant levels of learning. The results suggest that the movement demands, rather than the physiological stress, interfered with statistical learning. We suggest movement activates the striatum, which is not only responsible for motor control but also plays a role in incidental learning. (shrink)

This article questions whether it is legitimate to propagate national sentiment and foster ties of nationality through school curricula. Against certain arguments for the ethical significance of nationality I question whether those who share a national identity have special moral obligations to members of their national group that they do not have to other persons. I argue that such ties of sentiment are unnecessary for achieving principled liberal goals, and that education within a liberal democracy should focus directly upon certain (...) general moral principles, such as fairness, justice, and toleration. The recent Advisory Group on Citizenship's Education for Citizenship and the Teaching of Democracy in Schools (1998) similarly endorses, I argue, education focused upon general moral principles. (shrink)

As citizens, we hold certain truths to be self-evident: that the rights to own land, marry, inherit property, and especially to assume birthright citizenship should be guaranteed by the state. The laws promoting these rights appear not only to preserve our liberty but to guarantee society remains just. Yet considering how much violence and inequality results from these legal mandates, Jacqueline Stevens asks whether we might be making the wrong assumptions. Would a world without such laws be more just? (...) Arguing that the core laws of the nation-state are more about a fear of death than a desire for freedom, Jacqueline Stevens imagines a world in which birthright citizenship, family inheritance, state-sanctioned marriage, and private land ownership are eliminated. Would chaos be the result? Drawing on political theory and history and incorporating contemporary social and economic data, she brilliantly critiques our sentimental attachments to birthright citizenship, inheritance, and marriage and highlights their harmful outcomes, including war, global apartheid, destitution, family misery, and environmental damage. It might be hard to imagine countries without the rules of membership and ownership that have come to define them, but as Stevens shows, conjuring new ways of reconciling our laws with the condition of mortality reveals the flaws of our present institutions and inspires hope for moving beyond them. (shrink)

Ten years after the Human Genome Project’s completion the life sciences stand in a moment of uncertainty, transition, and contestation. The postgenomic era has seen rapid shifts in research methodology, funding, scientific labor, and disciplinary structures. Postgenomics is transforming our understanding of disease and health, our environment, and the categories of race, class, and gender. At the same time, the gene retains its centrality and power in biological and popular discourse. The contributors to Postgenomics analyze these ruptures and continuities and (...) place them in historical, social, and political context. Postgenomics, they argue, forces a rethinking of the genome itself, and opens new territory for conversations between the social sciences, humanities, and life sciences. Contributors. Russ Altman, Rachel A. Ankeny, Catherine Bliss, John Dupré, Michael Fortun, Evelyn Fox Keller, Sabina Leonelli, Adrian Mackenzie, Margot Moinester, Aaron Panofsky, Sarah S. Richardson, Sara Shostak, Hallam Stevens. (shrink)

In response to a commentary on our research article (Azima and Mundler in Agric Hum Values 39:791–807, 2022), we address the argument that increased reliance on family farm labor with low or no opportunity costs leads to higher net revenue and greater economic satisfaction. Our response provides a nuanced perspective on this issue in the context of short food supply chains. We also examine the share of total farm sales from short food supply chains in terms of its effect size (...) on farmer job satisfaction. Finally, we emphasize the need for further research into the sources of occupational satisfaction among farmers involved in such marketing channels. (shrink)

The history of epistemology has always been closely linked with the tradition of skepticism. Indeed, the earliest philosophical efforts to describe the nature and limits of our knowledge were largely motivated by the skeptical suggestion that things may not be as they appear to us. Every attempt to find an adequate response to these early doubts about the reliability of our knowledge met new and powerful skeptical criticisms which in turn engendered new attempts to justify the conviction that we are (...) capable to achieving at least some degree of truth about ourselves and our world. At a time when the latest swing of the pendulum has taken philosophy from excessive confidence in our cognitive powers to an equally excessive tendency to reduce of all truth claims to pleasing or powerful illusions, the essays collected in this volume offer some balanced and attractive alternatives to these extreme positions. (shrink)

A new edition of the divinely designed explication of Eastern calligraphy, invoking the rich tradition of Japan, China, India, and Tibet to illustrate both the technique and significance of the characters. The volume provides historical background, reflects on the art of copying religious texts, provides biographies of Zen calligraphers, and supplies practical instructions on materials and methods for students. Includes tons of photographs. Distributed by Random House. Annotation copyright by Book News, Inc., Portland, OR.

Recognizing the importance of empirical research to support theoretical claims in contemporary psychology, the eight sections of the anthology address topics such as birth order, dream theory, subjective perception, and the psychosocial stages of adolescent and young adult development. Students also learn about the hierarchy of needs, positive psychology, client-centered therapy, introversion and extroversion, and self-efficacy. These topics are explored through research into the work of seminal thinkers in the field including Sigmund Freud, Alfred Adler, Abraham Maslow, Carl Rogers, Rollo (...) May, and Albert Bandura. (shrink)

This paper reviews studies of corporate ethical codes published since 2000 and concludes that codes be can effective instruments for shaping ethical behavior and guiding employee decision-making. Culture and effective communication are key components to a code’s success. If codes are embedded in the culture and embraced by the leaders, they are likely to be successful. Communicating the code’s precepts in an effective way is crucial to its success. Discussion between employees and management is a key component of successful ethical (...) codes. (shrink)

English summary: The fifth book of Aristotles Metaphysics is presented here in a new French translation with analysis of the books structure and considerable commentary and overview of the significance and often difficult meaning of this essential text. French description: On s'est beaucoup interroge sur le cinquieme livre de la Metaphysique, qui se presente sous la forme de trente notices consacrees a l'etude des differentes significations ou usages de certains termes, dont les raisons du choix n'apparaissent pas d'emblee. Le present (...) travail met en evidence la maniere dont le livre s'integre a l'enquete proprement metaphysique d'Aristote, par l'analyse de ces termes de toute premiere importance philosophique, trop generaux pour etre etudies par une science particuliere, mais indispensables a la connaissance de n'importe quel domaine de l'etre. Une traduction inedite, qui degage la structure du texte, un commentaire approfondi et une synthese originale des significations distinguees permettent une approche nouvelle de ce document celebre. Les auteurs esperent ainsi a la fois faciliter la lecture et la comprehension du texte, et fournir en outre aux specialistes de nombreuses suggestions d'interpretation de passages controverses ou obscurs. (shrink)

Kant’s theory of cognition centrally builds on his conception of self-consciousness and the transcendental use of the phrase “I think”: the ability to add the phrase “I think” to a representation is a necessary condition of the ability to cognize objects. The paper argues that “I think”, rather than denoting the content of a predicative judgement, is typically an expression of the subject’s thinking. It expresses a kind of self-consciousness that, without assertively representing the subject itself, indicates that representational contents (...) are unified in a single consciousness of a single subject. Our aim is thus to develop and defend an expressivist interpretation of Kant’s “I think”. (shrink)

It is widely assumed that Russell's problems with the unity of the proposition were recurring and insoluble within the framework of the logical theory of his Principles of Mathematics. By contrast, Frege's functional analysis of thoughts (grounded in a type-theoretic distinction between concepts and objects) is commonly assumed to provide a solution to the problem or, at least, a means of avoiding the difficulty altogether. The Fregean solution is unavailable to Russell because of his commitment to the thesis that there (...) is only one ultimate ontological category. This, combined with Russell's reification of propositions, ensures that he must hold concepts and objects to be of the same logical and ontological type. In this paper I argue that, while Frege's treatment of the unity of the proposition has immediate advantages over Russell's, a deeper consideration of the philosophical underpinnings and metaphysical consequences of the two approaches reveals that Frege's supposed solution is, in fact, far from satisfactory. Russell's repudiation of the Fregean position in the Principles is, I contend, convincing and Russell's own position, despite its problems, conforms to a greater extent than Frege's with common sense and, furthermore, with certain ideas which are central to our understanding of the origins of the analytical tradition. (shrink)

[Open access] In this book symposium the author takes up questions from phenomenology, hermeneutics, ethical theory, and intellectual history raised by a group of scholarly interlocutors from a range of backgrounds. In the course of engaging with these issues, he discusses, inter alia, McDowell’s realism, Jonathon Lear’s work on the end of a world, Michael Oakeshott’s view of selfhood, Heidegger’s conception of Jemeinigkeit, Uexküll’s notion of Umwelt, and Gadamer’s hermeneutic conception of truth.

Ce livre presente une investigation critique de la science generale de l'etre, instituee par Aristote au titre de la science de l'etant en tant qu'etant. L'auteur met en lumiere ce qu'est l'etre pour Aristote, ce que signifie precisement le type d'unite de ses significations multiples, et quelles sont les structures, principes et concepts epistemologiques par lesquels le reel peut etre explique dans son ensemble. L'originalite aristotelicienne qui se revele dans son apprehension horizontale du reel, est a la fois responsable de (...) son naufrage historique dans l'ocean dominant des pensees hierarchisantes, et de son renouveau axtremement stimulant pour la pensee actuelle. (shrink)