Legal and moral reasoning share much methodology, and they address similar problems. This volume charts two shared problems: the relation between theory, principles and particular judgments; and the role of facts and factual assertions in normative settings. The relation between 'theory' and 'practice' and between 'principle' and 'particular judgment' has become the subject of much debate in moral philosophy. In the ongoing debate, some moral philosophers refer to legal philosophy for a support of their views on the primacy of 'practice' (...) over 'theory'. According to them, legal philosophy should have a more balanced view in that relation. In the contributions to Part One this claim is critically analysed. The role of the facts is underestimated in discussions on legal reasoning and legal theory, as well as moral reasoning and ethical theory. Factual statements enter into moral and legal discussions not only because they link the conclusion with a rule. They also play a role as background assumptions in supporting a theory. Its focus on the role of facts in normative reasoning makes this book of special interest to scholars of legal and moral argumentation. (shrink)

Criticism may degenerate into quibbling or nitpicking. How can discussants keep quibblers under control? In the paper we investigate cases in which a battle about words replaces a discussion of the matters that are actually at issue as well as cases in which a battle about minor objections replaces a discussion of the major issues. We survey some lines of discussion dealing with these situations in profiles of dialogue.

What if in discussion the critic refuses to recognize an emotionally expressed argument of her interlocutor as an argument, accusing him of having presented no argument at all. In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a fallacy of non-argumentation. As such it is a very strong, if not the ultimate, criticism, which even carries the risk of abandonment of the discussion and can, therefore, not be made without burdening (...) oneself with correspondingly strong obligations. We want to specify the fallacies of non-argumentation and their dialectic, i.e., the proper way to criticize them, the appropriate ways for the arguer to react to such criticism, and the appropriate ways for the critic to follow up on these reactions. Among the types of fallacy of non-argumentation, the emphasis will be on the appeal to popular sentiments. Our aim is to reach, for cases of non-argumentation, a survey of dialectical possibilities. By making the disputants themselves responsible for the place of emotion in their dialogues, we hope to contribute to a further development of the theory of dialectical obligations. (shrink)

How do people decide what to say in context? Many theories of pragmatics assume that people have specialized knowledge that drives them to utter certain words in different situations. But these theories are mostly unable to explain both the regularity and variability in people’s speech behaviors. Our purpose in this article is to advance a view of pragmatics based on complexity theory, which specifically explains the pragmatic choices speakers make in conversations. The concept of self-organized criticality sheds light on how (...) a history of utterances and subtle details of a situation surrounding a conversation may directly specify language behavior. Under this view, pragmatic choice in discourse does not reflect the output of any dedicated pragmatic module but arises from a complex coordination or coupling between speakers and their varying communicative tasks. (shrink)

This paper presents a new model for how the voting worked at the Athenian dramatic competitions, and demonstrates its viability mathematically. Previous proposals have either failed to take full account of the ancient sources or have not considered all the possible permutations of judging results. As is generally recognized, ten votes were cast, but in most circumstances not all were counted. Sections I-IV consider the tragic competition at the Dionysia, in which three competitors vied for the prize. For the questions (...) we consider, two likely cases are examined (when the votes are divided 4-3-3 and 5-3-2), then a random distribution covering all possible cases, and finally the situation when two competitors are favoured against a third (when the votes are divided 5-5-0, 5-4-1 and 4-4-2). Section I presents the proposal and situates it within the Athenian cultural context. Section II asks how many lots are typically drawn before a victory is obtained. Section III considers how other places are determined. Section IV introduces the question of 'fairness': does the person who receives the most votes actually win? Section V considers adjudication for comedies and at the Lenaia. Section VI considers dithyrambic competitions. (shrink)

Cho and Martinez-Martin provide a wide-ranging analysis of what they label “digital simulacra”—which are in essence data-driven AI-based simulation models such as digital twins or models used for i...

This paper examines how three Dutch political parties employ the Internet as a tool to enhance ‘digital democracy’. The potential of digital democracy is considered to be strongest in the sphere of collective action outside the domain of political institutions. In this article, however, attention is given to how institutionalized channels might be supportive of digital democracy. Three components of the democratic process – information provision, deliberation, and political decision-making – are examined in the content and user assessments of the (...) web sites of the Socialist Party, the Christian Democratic Party and the Green Party. Minor differences were found in the party web sites regarding information provision; substantial differences were found regarding the degree and nature of political deliberation available on the sites. Indicators of the third component, political decision-making, were least evident on all three web sites. User assessments of the sites and opportunities for political deliberation followed, more or less, the general public images of the related political parties. (shrink)

This collection of essays is dedicated to 'Joe' Karel Lambert. The contributors are all personally affected to Joe in some way or other, but they are definitely not the only ones. Whatever excuses there are - there are some -, the editors apologize to whomever they have neglected. But even so the collection displays how influential Karel Lambert has been, personally and through his teaching and his writings. The display is in alphabetical order - with one exception: Bas van Fraassen, (...) being about the earliest student of Karel Lambert, opens the collection with some reminiscences. Naturally, one of the focal points of this volume is Lambert's logical thinking and (or: freed of) ontological thinking. Free logic is intimately connected with description theory. Bas van Fraassen gives a survey of the development of the area, and Charles Daniels points to difficulties with definite descriptions in modal contexts and stories. Peter Woodruff addresses the relation between free logic and supervaluation semantics, presenting a novel condition which recovers desirable metatheoretic properties for free logic under that semantics. Terence Parsons shows how free logic can be utilized in interpreting sentences as purporting to denote events (true ones succeed and false ones fail) and how this helps to understand natural language. (shrink)

This paper attempts to systematically characterize critical reactions in argumentative discourse, such as objections, critical questions, rebuttals, refutations, counterarguments, and fallacy charges, in order to contribute to the dialogical approach to argumentation. We shall make use of four parameters to characterize distinct types of critical reaction. First, a critical reaction has a focus, for example on the standpoint, or on another part of an argument. Second, critical reactions appeal to some kind of norm, argumentative or other. Third, they each have (...) a particular illocutionary force, which may include that of giving strategic advice to the other. Fourth, a critical reaction occurs at a particular level of dialogue (the ground level or some meta-level). The concepts here developed shall be applied to discussions of critical reactions by Aristotle and by some contemporary authors. (shrink)

We shall investigate the similarities and dissimilarities between old and new dialectic. For the ‘old dialectic’, we base our survey mainly on Aristotle’s Topics and Sophistical Refutations, whereas for the ‘new dialectic’, we turn to contemporary views on dialogical interaction, such as can, for the greater part, be found in Walton’s The New Dialectic. Three issues are taken up: types of dialogue, fallacies, and strategies. Though one should not belittle the differences in scope and outlook that obtain between the old (...) and the new dialectic, the paper will show that in many respects the old dialectic foreshadows the new dialectic. (shrink)

The just war tradition is an evolving body of tenets for determining when resorting to war is just and how war may be justly executed. Rethinking the Just War Tradition provides a timely exploration in light of new security threats that have emerged since the end of the Cold War, including ongoing conflicts in the Middle East, threats of terror attacks, and genocidal conflicts within states. The contributors are philosophers, political scientists, a U.S. Army officer, and a senior analyst at (...) the Center for Defense Information. They scrutinize some familiar themes in just war theory from fresh and original angles, and also explore altogether new territory. The diverse topics considered include war and the environment, justice in the ending of war, U.S. military hegemony, a general theory of just armed-conflict principles, supreme emergencies, the distinction between combatants and noncombatants, child soldiers, the moral equality of all soldiers, targeted assassination, preventive war, right authority, and armed humanitarian intervention. Clearly written and free of jargon, this book illustrates how the just war tradition can be rethought and applied today. Contributors include Mark Woods, Eric Patterson, Harry van der Linden, John Lango, Frederik Kaufman, Pauline Kaurin, Reuben Brigety II, Rachel Stohl, Michael Brough, Whitley Kaufman, Jordy Rocheleau, Hartley Spatt, and Robert Hoag. (shrink)

OBJECTIVES: To identify the factors that influence the assessment of reported cases of physician-assisted death by members of the public prosecution. DESIGN/SETTING: At the beginning of 1996, during verbal interviews, 12 short case-descriptions were presented to a representative group of 47 members of the public prosecution in the Netherlands. RESULTS: Assessment varied considerably between respondents. Some respondents made more "lenient" assessments than others. Characteristics of the respondents, such as function, personal-life philosophy and age, were not related to the assessment. Case (...) characteristics, i.e. the presence of an explicit request, life expectancy and the type of suffering, strongly influenced the assessment. Of these characteristics, the presence or absence of an explicit request was the most important determinant of the decision whether or not to hold an inquest. CONCLUSIONS: Although the presence of an explicit request, life expectancy and the type of suffering each influenced the assessment, each individual assessment was dependent on the assessor. The resulting danger of legal inequality and legal uncertainty, particularly in complicated cases, should be kept to a minimum by the introduction of some form of protocol and consultation in doubtful or boundary cases. The notification procedure already promotes a certain degree of uniformity in the prosecution policy. (shrink)

Why do some physicians continue to treat patients who are clearly dying or persistently unconscious, while others consider medical intervention to be futile past a certain point? No doubt, medical decisions vary in part because clinical information is often ambiguous in individual cases and because it may support more than one reasonable interpretation of a patient's chances for survival or improvement if a particular treatment is administered. Also, cases vary considerably to the extent that a patient's or a family member's (...) preferences for treatment are communicated, understood, and implemented. But, beyond these contingencies, patients at the end of life may receive more, less, or different treatment because physicians themselves are social actors, individuals who bring to bear on their clinical decisions a variety of personal attitudes, values, concerns, and interests. Legal defensiveness, religious vitalism, authoritarianism, intolerance of ambiguity, and other traits may influence physicians’ behavior, but each may be concealed under the rubric of what is “medically indicated” or “medically appropriate.”. (shrink)

This paper is about teaching philosophy to high school students through Lincoln-Douglas (LD) debate. LD, also known as “values debate,” includes topics from ethics and political philosophy. Thousands of high school students across the U.S. debate these topics in class, after school, and at weekend tournaments. We argue that LD is a particularly effective tool for teaching philosophy, but also that LD today falls short of its potential. We argue that the problems with LD are not inevitable, and we offer (...) strategic recommendations for improving LD as a tool for teaching philosophy. Ultimately, our aim is to create a dialogue between LD and academic philosophy, with the hope that such dialogue will improve LD’s capacity to teach students how to do philosophy. (shrink)

This paper discusses the debate over whether emotional expressions are spontaneous or intentional actions. We describe a variety of empirical evidence supporting these two possibilities. But we argue that the spontaneous-intentional distinction fails to explain the psychological dynamics of emotional expressions. We claim that a complex systems perspective on intentions, as self-organized critical states, may yield a unified view of emotional expressions as a consequence of situated action. This account simultaneously acknowledges the embodied status of environment, evolution, culture and mind (...) in theories of emotion. (shrink)