Douglas Walton, perhaps the most prolific author in Argumentation theory, has been of a great influence in the fields of Informal logic, Artificial intelligence, and Law. His contributions in the field of educational research, in particular in the field of argumentation and education, are less known. This review paper aims at shedding light on those aspects of Walton’s theory that have received educational researchers’ attention thus far, as well identifying existing lacks of consideration and open paths for future (...) research. (shrink)

In his theory of criticism, D. N. Walton presupposes that an opponent either critically questions an argument, without supplementing this questioning with any reasoning of her own, or that she puts forward a critical question and supplements it with a counterargument, that is, with reasoning in defense of an opposite position of her own. In this paper, I show that there is a kind of in-between critical option for the opponent that needs to be taken into account in any (...) classification of types of criticism, and that should not be overlooked in a system of dialogue norms, nor in a procedure for developing a strategically expedient critique. In this third option, an opponent questions and overtly doubts a statement of the proponent and supplements her doubts with a counterconsideration that explains and motivates her position of critical doubt, yet without supporting any opposite thesis, thereby assisting, as it were, the proponent in his attempt to develop a responsive argumentation, tailor-made to convince this particular opponent. First, I elaborate on the notion of an explanatory counterconsideration. Second, I discuss Walton’s distinction between premises that can be challenged by mere questioning and premises that must be challenged by incurring the obligation to offer counter-argumentation. I contend that the latter type of premises, that I would label “normality premises,” can be attacked without incurring a genuine burden of proof. Instead, it can be attacked by means of incurring a burden of criticism that amounts to the obligation to offer an explanatory counterconsideration, rather than a convincing ex concessis argument. Of course, providing the opponent with the right to discharge her burden of criticism with explanatory counterconsiderations brings a clear strategic ad- vantage to her. It is much less demanding to motivate one’s doubts regarding proposition P, than to convince the proponent of not-P. If we want to encourage opponents to act critically, and proponents to develop responsive arguments, the importance of the notions of an explanatory counterconsideration and of a motivated doubt should be emphasized in the theory of criticism. (shrink)

Kendall Walton's ‘Categories of Art’ is one of the most famous and, arguably, most important papers in modern aesthetics. Despite this, and the various references to it and discussions of it within the literature, there are no general commentaries on this essay. In addition to outlining a general framework for approaching the article, I identify and explicate the two main exegetical issues regarding it. The first concerns how to understand Walton's main thesis that the aesthetic character of artworks (...) is determined, in part, by their ‘correct category’. I suggest that the traditional interpretation of Walton's proposal is mistaken, and defend an alternative view at length. The second issue concerns the relationship between Walton's view and competing accounts of the aesthetics of artworks. Here I suggest that Walton's position is unique, contrasting the views of both typical formalists, on the one hand, and ordinary contextualists, on the other, in philosophically significant ways. Careful reflection on this particular issue helps reveal some very important distinctions among aesthetic theories, which have not been previously drawn or emphasized. (shrink)

Douglas Walton, perhaps the most prolific author in Argumentation theory, has been of a great influence in the fields of Informal logic, Artificial intelligence, and Law. His contributions in the field of educational research, in particular in the field of argumentation and education, are less known. This review paper aims at shedding light on those aspects of Walton’s theory that have received educational researchers’ attention thus far, as well identifying existing lacks of consideration and open paths for future (...) research. (shrink)

Douglas Walton, perhaps the most prolific author in Argumentation theory, has been of a great influence in the fields of Informal logic, Artificial intelligence, and Law. His contributions in the field of educational research, in particular in the field of argumentation and education, are less known. This review paper aims at shedding light on those aspects of Walton’s theory that have received educational researchers’ attention thus far, as well identifying existing lacks of consideration and open paths for future (...) research. (shrink)

BackgroundThe attitudes of patients' to consent have changed over the years, but there has been little systematic study of the attitudes of anaesthetists and surgeons in this process. We aimed to describe observations made on the attitudes of medical professionals working in the UK to issues surrounding informed consent.MethodA questionnaire made up of 35 statements addressing the process of consent for anaesthesia and surgery was distributed to randomly selected anaesthetists and surgeons in Queen's Medical Centre, Royal Sussex County Hospital and (...) Eastbourne District General Hospital during 2007. Participants were asked to what extent they agreed with statements regarding consent.ResultsOf 234 questionnaires distributed, 63% were returned. Of the respondents 79% agreed that the main purpose of the consent process is to respect patient autonomy. While 55% of the examined cohort agreed that the consent process maybe inappropriate as patients do not usually remember all the information given to them. Furthermore, 84% of the participants agreed that what the procedure aims to achieve should be explained to the patient during the consent process. While of the participants, over 70% agreed that major risks of incidence greater than 1/100 should be disclosed to the patient as part of the consent process.ConclusionsThe majority of respondents appear to hold attitudes in standing with current guidelines on informed consent however there was still a significant minority who held more paternalistic views to the consent process bringing into question the need for further training in the area. (shrink)

The debate about how to solve the paradox of fiction has largely been a debate between Kendall Walton and the so-called thought theorists. In recent years, however, Jenefer Robinson has argued, based on her affective appraisal theory of emotion, for a noncognitivist solution to the paradox as an alternative to the thought theorists’ solution and especially to Walton's controversial solution. In this article, I argue that, despite appearances to the contrary, Robinson's affective appraisal theory is compatible with (...) Walton's solution, at the core of which lies the thesis that there are quasi-emotions. Moreover, since Robinson's theory is compatible with Walton's solution, I show how it can be used as a model to empirically test whether quasi-emotions exist. (shrink)

The notions of types of dialogue and dialectical relevance are central themes in Walton’s work and the grounds for a dialectical approach to many fallacies. After outlining the dialogue models constituting the background of Walton’s account, this article presents the concepts of dialectical relevance and dialogue shifts in their application to biased argumentation, fallacious moves, and illicit argumentative strategies. Showing the different dialectical proposals Walton advanced in several studies on argumentation as a development of a dialogical system, it has proved (...) possible to highlight the fundamental aspects of his theory in a comprehensive model of communication and interaction. (shrink)

most famous and, arguably, most important papers in modern aesthetics. Despite this, and the various references to it and discussions of it within the literature, there are no general commentaries on this essay. In addition to outlining a general framework for approaching the article, I identify and explicate the two main exegetical issues regarding it. The first concerns how to understand Walton's main thesis that the aesthetic character of artworks is determined, in part, by their ‘correct category’. I suggest (...) that the traditional interpretation of Walton's proposal is mistaken, and defend an alternative view at length. The second issue concerns the relationship between Walton's view and competing accounts of the aesthetics of artworks. Here I suggest that Walton's position is unique, contrasting the views of both typical formalists, on the one hand, and ordinary contextualists, on the other, in philosophically significant ways. Careful reflection on this particular issue helps reveal some very important distinctions among aesthetic theories, which have not been previously drawn or emphasized. CiteULike Connotea Del.icio.us What's this? (shrink)

Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method (...) is inductive, bottom-up, gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (shrink)

According to Douglas Walton, the concept of presumption relates to both logical and dialogical components. Logically, a presumption is the conclusion of a presumptive defeasible inference. Dialogically, the function of a presumptions to shift the burden of proof to the respondent in order to move the dialogue forward when the proponent, due to an objective lack of evidence, cannot present a sufficiently persuasive proposition. Presumptive status, assigned only at the argumentation stage of dialogue, is provisional: a particular presumption stands until (...) further counter-indications are found. This paper points out some possible difficulties pertaining to Walton’s dialogical model of presumption. Firstly, once a presumption's typical practical function is made precise, Walton’s idea of presumption starts to lose its conceptual cohesion, thereby becoming applicable in the opening stage of dialogue, as well. Secondly, cohesion is lost also in practical contexts, since Walton's "seat belts" example might indicate that presumptions are not evidentially defeasible if the practical stakes are raised high enough. Most importantly, contextual evaluation may reveal that presumptions do not shift the burden of proof in any specific or genuine way. (shrink)

The aim of the paper is to advance the theory of argument or inference schemes by suggesting answers to questions raised by Walton's Argumentation Schemes for Presumptive Reasoning (1996), specifically on: the relation between argument and reasoning; distinguishing deductive from presumptive schemes, the origin of schemes and the probative force of their use; and the motivation and justification for their associated critical questions.

Payment for performance is widely embraced as a key component of any well-designed executive compensation package. There is a price to be paid, however, for the heavy reliance on incentives as a way of controlling agent behavior. In particular, evidence exists demonstrating that incentives can crowd out an agent’s social preferences towards her principal. Social preferences are pro-social tendencies of people to do things for others for reasons such as fairness, reciprocity, altruism, and ethical or moral beliefs. The use of (...) incentives in compensation can result in self-interested agents. When crowding out occurs, in order to elicit the desired level of performance, principals may need to increase the level of incentive employed. Crowding out therefore provides an additional account for rising levels of executive compensation. In addition, crowding theory can provide a helpful explanation for the tension around the U.S. government’s reaction to preexisting banker incentive contracts during the 2008 financial crisis. (shrink)

Argument schemes are abstractions substantiating the inferential connection between premise(s) and conclusion in argumentative communication. Identifying such conventional patterns of reasoning is essential to the interpretation and evaluation of argumentation. Whether studying argumentation from a theory-driven or data-driven perspective, insight into the actual use of argumentation in communicative practice is essential. Large and reliably annotated corpora of argumentative discourse to quantitatively provide such insight are few and far between. This is all the more true for argument scheme corpora, which (...) tend to suffer from a combination of limited size, poor validation, and the use of ad hoc restricted typologies. In the current paper, we describe the annotation of schemes on the basis of two distinct classifications: Walton’s taxonomy of argument schemes, and Wagemans’ Periodic Table of Arguments. We describe the annotation procedure for each, and the quantitative characteristics of the resulting annotated text corpora. In doing so, we extend the annotation of the preexisting US2016 corpus of televised election debates, resulting in, to the best of our knowledge, the two largest consistently annotated corpora of schemes in argumentative dialogue publicly available. Based on evaluation in terms of inter-annotator agreement, we propose further improvements to the guidelines for annotating schemes: the argument scheme key, and the Argument Type Identification Procedure. (shrink)

The article critically discusses Walton’s (and co-authors’) argument scheme approach to good argumentation. Four characteristics of Walton’s approach are presented: 1. Argument schemes provide normative requirements. 2. These schemata are enthymematic. 3. There are associated critical questions. 4. The method is inductive, abstracting schemata from groups of similar arguments. Four adequacy conditions are applied to these characteristics: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency (...) in achieving the goals; AC4: justification of the argument schemes. The discussion reveals weaknesses in Walton’s account, including they are neither effective nor truly justified. A better alternative is an epistemological approach based on epistemological principles. (shrink)

The aims of this paper are to survey, explicate, compare, contrast, and critically evaluate a number of (mainly recent and technical) contributions (Kanger, Porn and Áqvist) to the logic of action locutions in connection with their treatment of the concept of an agent's bringing about a state of affairs. The discussion is primarily concerned with practical applications of these formalisms for the action theorist. It is suggested that these systems are best understood as capturing a strategic sense of bringing-about, and (...) not a notion of actual bringing-about, which is merely presupposed by them. It is argued that the developments surveyed open up a new 'intensional' style of action theory, contrasted with the 'extensional' approach of Davidson. Yet because of the treatment of conditionals, they fail to capture a basic notion of 'bringing about' important for action theory. It is concluded that a study of the behavior of 'bringing-about' over non-standard conditionals would be a useful next step for intensional action logic. (shrink)

A new pragmatic approach, based on the latest developments in argumentation theory, analyzing appeal to expert opinion as a form of argument. Reliance on authority has always been a common recourse in argumentation, perhaps never more so than today in our highly technological society when knowledge has become so specialized—as manifested, for instance, in the frequent appearance of "expert witnesses" in courtrooms. When is an appeal to the opinion of an expert a reasonable type of argument to make, and (...) when does it become a fallacy? This book provides a method for the evaluation of these appeals in everyday argumentation. Specialized domains of knowledge such as science, medicine, law, and government policy have gradually taken over as the basis on which many of our rational decisions are made daily. Consequently, appeal to expert opinion in these areas has become a powerful type of argument. Challenging an argument based on expert scientific opinion, for example, has become as difficult as it once was to question religious authority. Walton stresses that even in cases where expert opinion is divided, the effect of it can still be so powerful that it overwhelms an individual's ability to make a decision based on personal deliberation of what is right or wrong in a given situation. The book identifies the requirements that make an appeal to expert opinion a reasonable or unreasonable argument. Walton's new pragmatic approach analyzes that appeal as a distinctive form of argument, with an accompanying set of appropriate critical questions matching the form. Throughout the book, a historical survey of the key developments in the evolution of the argument from authority, dating from the time of the ancients, is given, and new light is shed on current problems of "junk science" and battles between experts in legal argumentation. (shrink)

Walton's book is a study of several fallacies in informal logic. Focusing on question-answer dialogues, and committed to a pragmatic rather than a semantic approach, he attempts to generate criteria for evaluating good and bad questions and answers. The book contains a discussion of such well-recognized fallacies as many questions, black-or-white questions, loaded questions, circular arguments, question-begging assertions and epithets, ad hominem and tu quoque arguments, ignoratio elenchi, and replying to a question with a question. In addition, Walton develops (...) several artificial dialogue games and has an excellent discussion of burden of proof in nonlegal contexts. The discussion is for the most part nontechnical and does not presuppose any training in formal logic. It is illustrated with many (sometimes overlong) examples of fallacies drawn from real life--mostly debates in the Canadian House of Commons. . . . Walton's book breaks new ground on a number of issues. Choice This first full-length study of logical fallacies, errors, faults, illicit attacks, blunders, and other critical deficiencies in interrogation and reply has been written in the tradition of informal fallacies in logic. It is especially valuable, readable, and interesting because of the 139 case studies it presents, many of these case studies come from political debates and some from interviews, legal cross-examinations, and other sources. Walton uses these challenging examples of tricky, aggressive, argumentative, or fallacious questions to develop coherent and pragmatic guidelines for criticizing questionable questions (and in some cases their replies) on logical grounds. Among the types of problematic questions analyzed are: the traditional so-called fallacy of many questions, illustrated by the famous Have you stopped beating your wife?; black and white questions; terminologically loaded questions; and questions containing personal attacks. These and other types of problematic questions as well as evasive replies and replying to a question with a question are studied. Critical errors of reasoning are identified and analyzed by developing context-based, normative models of reasonable dialogue in which a questioner must have freedom to ask informative and probing questions, and the respondent must be constrained to give reasonably direct, not overly evasive answers. In this era of negative and evasive political campaigning, with candidates employing skillful tactics of manipulating public opinion to assure election rather than taking clear stands and seriously debating issues in an informed and sincere manner, Question-Reply Argumentation is especially relevant reading for those who take democracy seriously. The methods used reflect a significant shift from earlier semantically based theories to current pragmatic, dialogue-based models, and will be of interest to logicians and linguists. The volume's conclusions should challenge some current preconceptions. Recommended reading for courses in logic, speech communications, linguistics, philosophy of language, areas of political science relating to political discourse and debate, courses on questioning in cognitive psychology, and courses on critical thinking in education. (shrink)

The article critically discusses Walton’s (and co-authors’) argument scheme approach to good argumentation. Four characteristics of Walton’s approach are presented: 1. Argument schemes provide normative requirements. 2. These schemata are enthymematic. 3. There are associated critical questions. 4. The method is inductive, abstracting schemata from groups of similar arguments. Four adequacy conditions are applied to these characteristics: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency (...) in achieving the goals; AC4: justification of the argument schemes. The discussion reveals weaknesses in Walton’s account, including they are neither effective nor truly justified. A better alternative is an epistemological approach based on epistemological principles. (shrink)

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

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and (...) rule out many common types of argument as fallacious, Walton’s aim is to provide a more expansive view of what can be considered "reasonable" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth. (shrink)

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s (...) class='Hi'>theory is briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

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)

Husserl rejects the contrast between human life as an irrational factum and reason as an objectifying force that is hostile to life. Hence he moves away from the incompatibility between philosophy as science and philosophy of life. This paper has two purposes. First, it attempts to analyze the sequence of living horizons of reason, i.e., to lay out a progressive bringing-into-play that begins in a primal history linked to instinct, goes through history proper with its manners of practical reason, and (...) reaches its culmination in a second historicity with a teleological development. In his last dated manuscript, Husserl speaks of “the upright, fair reason of the natural, sound human understanding” that plays a role before “the scientific, philosophical reason”. Secondly, against this background, phenomenology of reason is considered as a view that is grounded in passive fulfillments, traces theory back to life, and emphasizes the interpenetration of the various manifestations of reason. It is argued that the relationship between intention and fulfillment pervades the movement from latent to manifest reason, renders possible different modes of rational legitimation, and shows distinctive traits in each mode. With regard to the vitality of Husserlian reason, a brief epilogue for the Spanish speaking world deals with some of J. Ortega y Gasset’s views on the issue.Husserl rechaza la contraposición entre la vida humana como un factum irracional y la razón como una fuerza objetivante hostil a la vida. Por eso se aparta de la incompatibilidad entre la filosofía como ciencia y la filosofía de la vida. Este trabajo tiene dos propósitos. Prime-ro, intenta analizar la secuencia de horizontes vitales de la razón, es decir, desplegar una progresiva puesta-en-juego que se inicia en la protohistoria ligada al instinto, pasa a través de la historia en sentido propio con sus modalida-des de razón práctica, y culmina en una segun-da historicidad con un desarrollo teleológico. En su último manuscrito fechado, Husserl habla de “la proba y honrosa razón del entendimiento humano natural” que desempeña un papel con anterioridad a “la razón científica, la filosófica”. En segundo lugar, frente a este trasfondo, se examina la fenomenología de la razón como una visión que se funda en cum-plimientos pasivos, refiere la teoría a la vida, y pone énfasis en la compenetración de las varia-das manifestaciones de la razón. Se sostiene que la relación entre intención y cumplimiento atraviesa el movimiento desde la razón latente a la razón patente, hace posible diversos modos de legitimación racional, y muestra rasgos distintivos en cada uno de los modos. Respecto de la vitalidad de la razón husserliana, un breve epílogo para hispanoparlantes considera algu-nos puntos de vista de J. Ortega y Gasset sobre la cuestión. (shrink)

This article explores contrasting strategies in feminist critical theory in order to interrogate divergent fictional representations of women's spiri tual power. The first critical strategy uses the resources of gynocriticism to present a positive view of women's authorship, agency and ability to revi sion religious forms. The second demonstrates poststructuralist concerns with the repressed other/ s of dominant cultural forms and the power these possess to provoke political change and new visions of the divine. It is argued that both (...) strategies offer positive contributions to religious femi nists as they wrestle with male-centred spiritual traditions. (shrink)

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

Work on 'can' in Action Theory is dichotomized into two styles of analysis: (1) what I call the indeterministic analysis, whereby for x to be able to do A means that there is no obstacle to x's doing A, and (2) the hypothetical analysis, which asserts that x is able to do A if and only if x will do A if x tries (wants, wills, chooses, etc.). This paper explores the general hypothesis that 'can' is two-ways ambiguous, that (...) a sense of opportunity corresponds to (1) and a sense of ability to something after the pattern of (2), and that a general concept of 'can' of the kind often sought after by action theorists requires a certain kind of integration of both concepts into a unified definition. The two previous most well-worked-out attempts to lay out a program along these lines, those of Sellars and Chisholm, are analyzed in detail in the hope of smoothing out some of the technical differences to provide foundations for further work of this type. An attempt is made to integrate the program with some recent developments in the concept of ability in the social sciences. The applicability of this work to some very vexing and significant problems in the social sciences is suggested. (shrink)

The article deals with the lines along which manifold senses of horizonedness emerge and their reference to potentiality as a starting-point. The first section examines Gurwitsch's analyses of field-potentialities and margin-potentialities in the light of distinctions drawn by Husserl in terms of latency and patency. It is contended that Husserl's concept of latency encompasses both modes of potentiality. The second section shows how the world- horizon functions as a background- horizon and alternation- horizon conceived of as the two fundamental modes (...) of non-thematic consciousness. In this respect, an attempt is made to link this theme with Gurwitsch's description of the acquisition of the character of positional index as a worldly existent. The third section is concerned with how potentiality develops into an all-encompassing domain that can be anticipated as an ideal totality and into a pregiven ground, and outlines an approach to the complementarity of this threefold characterization. This development falls out of Gurwitsch's framework for the analysis of horizonedness. The article concludes with a characterization of the encasement-of-one-in-another of horizons. Reasons are suggested for the application of some ideas of Gurwitsch on thematic transformation to this sequence of levels. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 93-112 [Access article in PDF] Enthymemes, Common Knowledge, and Plausible Inference Douglas Walton The study of enthymemes has always been regarded as important in logic, critical thinking, and rhetoric, but too often it is the formal or mechanistic aspect of it that has been in the forefront. This investigation will show that there is a kind of plausibilistic script-based reasoning, of a kind that (...) has mainly been studied in artificial intelligence, that should have a much more important role to play in the study of enthymemes. But then curiously, as will also be shown, this plausibilistic type of reasoning was familiar in the ancient world, to the Sophists, as well as to leading philosophers such as Plato and Aristotle. By linking this ancient notion of plausibility to the modern notion used in computer science, this investigation reveals an important basis for the enthymeme that has a type of logical structure in its own right, but also has an informal aspect.An enthymeme, in current usage, is an argument that has one or more premises, or possibly a conclusion, not explicitly stated in the text, but that needs to have these propositions explicitly stated to extract the complete argument from the text. Sometimes enthymemes are described as arguments with "missing premises." That vocabulary is awkward, however, because the nonexplicit statement that needs to be added can be a conclusion, at least in a minority of cases. To make the exposition below smoother, the term nonexplicit assumption will be used to cover either the case of a nonexplicit premise or that of a nonexplicit conclusion. The problem with enthymemes is that if the nonexplicit assumptions in an argument are supposed to be propositions used by the arguer (as opposed to just the propositions needed to make the argument structurally correct, according to some standard), reasonable people can have differences of opinion on what the nonexplicit assumptions are supposed to be. The problem is that filling in the missing parts of enthymemes depends on interpreting the natural language [End Page 93] in which the argument was put forward to try to determine what the speaker meant to say.The solution to the problem comes through the recognition that enthymemes rest not only on formal (structural) criteria, but also on informal criteria. One of the most important of these informal criteria is something often called "common knowledge" (Govier 1992; Freeman 1995). But as shown below in a set of selected case studies of enthymemes, "common knowledge" is not really a kind of knowledge at all. It is really plausibility, or eikos, something well known in the ancient world and often misleadingly translated as "probability." Curiously, Aristotle's original doctrine of the enthymeme was based on this notion of plausibility. This historical fact has often been a source of puzzlement and confusion, and sometimes it has even been taken to indicate a defect or contradiction in Aristotle's treatment of the enthymeme. However, the goal of this investigation is not primarily historical. It is to work out one of the most important required steps toward a solution to the problem of enthymemes. But to do this, it is necessary to come back to the ancient notion of plausible inference. 1. The problem with enthymemes Once you have any formal theory of inference, like syllogistic, for example, you will be confronted by cases of arguments in everyday discourse that meet all the requirements for a structurally correct inference except that some part or parts, usually a premise or a conclusion, is missing. By "missing" is meant that the proposition in question has not been explicitly stated in the text of discourse, even though it may be clear enough that the speaker (writer) was relying on it, or including it, as part of the argument. The classic example is the following inference: All men are mortal; therefore, Socrates is mortal. To evaluate such an argument, surely some account of the "hidden" or "missing" assumption needs to be taken. The problem with enthymemes (Burke 1985; Gough and Tindale 1985; Hitchcock 1985) is that, if given carte... (shrink)

El artículo expone la interpretación y ampliación realizada por Embree respecto de las ideas de Schutz sobre las ciencias de la cultura. Se ocupa en primer lugar de las características generales de todas las ciencias de la cultura en su tarea de analizar el mundo de la vida como un mundo intersubjetivo e histórico estructurado de acuerdo con coasociados, contemporáneos, predecesores y sucesores. Luego examina los tres partes constituyentes principales que Embree destaca en cada una de ellas: la definición de (...) la disciplina, sus conceptos básicos y sus reglas de procedimiento. Por último, se consideran los puntos de vista de Embree sobre la relación entre metodología y filosofía. Su tesis es que científicos y filósofos pueden encontrarse en una interacción mutua en el ámbito de la teoría de la ciencia que puede ser a la vez filosófica y científica.The article is a presentation of Embree’s interpretation and development of Alfred ideas on the cultural sciences. It deals first with the general characteristics of all cultural sciences in their task of analyzing the lifeworld as an intersubjective and historical world structured according to consociates, contemporaries, predecessors, and successors. Then it examines the three main constituent parts that Embree highlights in each of them: the definition of the discipline, its basic concepts, and its rules of procedure. Finally, Embree’s views on the relationship between methodology and philosophy are considered. His thesis is that scientists and philosophers can meet in a mutual interplay in the realm of a theory of science that can be both philosophic and scientific. (shrink)

Nature has been widely represented in literature and culture as healing, redemptive, unspoilt, and restorative. In the aftermath of the First World War, writers grappled with long cultural associations between nature and healing. Having survived a conflict in which relations between people, and the living environment had been catastrophically ruptured, writers asked: could rural and wild places offer meaningful sites of solace and recovery for traumatised soldiers? In Virginia Woolf’s Mrs Dalloway (1925), Rebecca West’s The Return of the Soldier (1918), (...) Nan Shepherd’s The Weatherhouse (1930) and Lewis Grassic Gibbon’s Sunset Song (1932), trauma severs emotional, social, and cultural relationships with the natural world. These interwar literatures offer counter-narratives to simplistic depictions of nature as a healing space and highlight the difficulties of returning to rural environments and ‘reconnecting’ with known and natural places. (shrink)

Nature has been widely represented in literature and culture as healing, redemptive, unspoilt, and restorative. In the aftermath of the First World War, writers grappled with long cultural associations between nature and healing. Having survived a conflict in which relations between people, and the living environment had been catastrophically ruptured, writers asked: could rural and wild places offer meaningful sites of solace and recovery for traumatised soldiers? In Virginia Woolf’s Mrs Dalloway, Rebecca West’s The Return of the Soldier, Nan Shepherd’s (...) The Weatherhouse and Lewis Grassic Gibbon’s Sunset Song, trauma severs emotional, social, and cultural relationships with the natural world. These interwar literatures offer counter-narratives to simplistic depictions of nature as a healing space and highlight the difficulties of returning to rural environments and ‘reconnecting’ with known and natural places. (shrink)

The paper examines Walton‘s concept of fallacy as it develops throughthree stages of his work: from the early series of papers co-authored withJohn Woods; through a second phase of involvement with thepragma-dialectical perspective; and on to the final phase in which heoffers a distinct pragmatic theory that reaches beyond the perceived limitsof the pragma-dialectical account while still exhibiting a debt to thatperspective and the early investigations with Woods. It is observed how Walton‘s model of fallacy is established in distinction (...) to its competitors,and its various problems and successes are discussed. (shrink)

This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out of (...) context. The theoretical tools employed in the analysis are pragmatic theories of meaning and a dialectical model of commitment, used to explain how and why a standpoint is distorted. The analysis is based on a conception of fallacies as deceptive strategic moves in a game of dialogue. As a consequence, our focus is not only on misquotations as distortions of meaning, but on how they are used as dialectical tools to attack an opponent or win a dispute. Wrenching from context is described as a fallacy of unfairly attributing a commitment to another party that he never held. Its power as a deceptive argumentation tactic is based on complex mechanisms of implicit commitments and on their misemployment to improperly suggest an attribution of commitment. (shrink)

This paper applies two argumentation schemes, argument from fairness and argument from lack of knowledge (along with other schemes of lesser prominence) to model the reasoning given by Judge McCarthy supporting his decision to divide the proceeds of a homerun baseball in the case of Popov v. Hayashi. Several versions of both schemes are explained and discussed, and then applied to the argumentation given by Judge McCarthy as the basis of the reasoning used to arrive at his decision. The scheme (...) for argument from fairness is shown to be based on a special principle in Perelman’s theory of justice. (shrink)

En este trabajo realizo un examen crítico del reciente libro de Silvana Gabriela Di Camillo sobre la crítica de Aristóteles a la teoría platónica de las Ideas. El libro de Di Camillo es un trabajo muy serio cuya lectura recomiendo ampliamente. Sin embargo, considero que cuatro de las principales tesis que la autora defiende tienen varias dificultades y mi objetivo aquí es presentar argumentos detallados en contra de ellas: la interpretación de la distinción entre argumentos más y menos rigurosos del (...) tratado Sobre las Ideas; la tesis de que la separación es el blanco esencial de las críticas aristotélicas a las Ideas; la interpretación de las opciones que Platón tiene para responder al argumento del tercer hombre, y la tesis de que la separación de las Ideas debe entenderse como homonimia. In this paper I examine Silvana Gabriela Di Camillo's recent book on Aristotle's criticisms of Plato's theory of Ideas. Di Camillo's book is a very serious work that I highly recommend. Nevertheless, I consider that four of the main theses that the author defends face several difficulties and my aim here is to offer detailed arguments against them: the interpretation of the distinction between more and less accurate arguments of the treatise On Ideas; the thesis that separation is the essential target of Aristotle's criticisms against Plato's Ideas; the interpretation of the options available to Plato to reply to the third man argument; and the thesis that the separation of Ideas should be understood as homonymy. (shrink)

George Klosko rejects the standard assumption that political obligations, at least insofar as they are conceived as moral requirements to obey the law, must be content-independent. He thereby neglects the familiar distinction between obedience to and mere compliance with legal norms. The present article insists on this distinction by identifying a plausible alternative to the understanding of content-independence that Klosko correctly, even if not for the most obvious reason, dismisses and mistakenly, though not unreasonably, attributes to several philosophers with whose (...) work it is actually incompatible. Given Klosko’s failure to examine this further option, which is consistent with nearly all, including skeptical, theories of political obligation, his case against the necessity of content-independence must be deemed unsuccessful. (shrink)

This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...) two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels. (shrink)

After Husserl and Heidegger, phenomenology has attempted to push the reduction beyond the reference of objects to the performances effected by consciousness, or of beings to Being. First, a new level of the reduction comes forth in M. Henry's radical reduction of appearing to the appearing of appearing, and leads to the disclosure of a dimension in which no horizons are to be fulfilled because the superabundance of life holds sway. Secondly, according to H. Rombach, the phenomena decribed in the (...) first two levels are nothing but epiphenomena, and must be explained in terms of structures that emerge in a creative development. Reality brings forth something from itself, and we must take advantage of this contribution in order to obtain more than what is anticipated in our projects. Thirdly, J.-L. Marion advances a theory on saturated phenomena in order to account for phenomena that surpass the bounds outlined for them in the mere significational intentions because they show a surplus of intuition. The three trends lead respectively to an originary phenomenality, an outbreak of phenomena, and saturated phenomena. The article contends that they tend to come together because they link the third level of phenomenology to a reflection that turns on the duality between what appears and its appearing, and, in doing so, disclose a surplus with regard to three different aspects of the duality, i.e., appearing as such, the overall condition of what appears, or the appearing of some preeminent phenomena. Finally, some anticipations of these trends in Husserl's transcendental phenomenology are shown.Luego de Husserl y Heidegger, la fenomenología ha intentado llevar la reducción más allá de la referencia de los objetos a las operaciones efectuadas por la conciencia o de los entes al ser. En primer lugar, un nuevo nivel de reducción se manifiesta en la reducción radical propuesta por M. Henry para retroceder del aparecer al aparecer del aparecer, y conduce al descubrimiento de una dimensión en que no hay horizontes que puedan ser plenificados porque impera la sobreabundancia del la vida. En segundo lugar, según H. Rombach, los fenómenos descritos en los dos primeros niveles no son otra cosa que epifenómenos y tienen que ser explicados en términos de estructuras que emergen en un desarrollo creador. La realidad produce algo a partir de sí misma, y esta contribución debe ser aprovechada a fin de alcanzar más de lo anticipado en nuestros proyectos. En tercer lugar, J.-L. Marion presenta una teoría sobre los fenómenos saturados a fin de dar cuenta de aquellos casos que exceden los límites que les han sido delineados en las intenciones significativas vacías porque muestran una demasía de intuición. Las tres tendencias conducen respectivamente a una fenomenalidad originaria, a un estallido del fenómeno y a una saturación del fenómeno. El artículo sostiene que tienden a converger porque vinculan el tercer nivel de la fenomenología con una reflexión en torno de la dualidad entre lo que aparece y su aparecer, y que, al hacerlo, ponen de manifiesto una excedencia respecto de tres aspectos distintos de la dualidad, esto es, el aparecer en cuanto tal, la condición general de lo que aparece o la aparición de algunos fenómenos preeminentes. Finalmente, se indican algunas anticipaciones de estas tendencias en la fenomenología trascendental de Husserl. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 177 Amsterdam, appears in the series of the International Archives of the History of Ideas, published under the direction of P. Dibon of Nijmegen and R. Popkin of the University of California at San Diego and a distinguished international editorial committee. Other volumes demonstrate the philosophical respectability of the collection: three on Descartes and Cartesianism, one on Berkeley's immaterialism, three on Pierre Bayle, the rest on philosophical (...) topics from the Renaissance to the 19th century. In this gallery, these letters by a not very good French poet---who was yet an acute and rather individualistic judge of men and books, already one of the arbiters of intellectual and artistic life in France--may seem a little out of place. Yet, to many historians of intellectual affairs, the firm establishment of dates and personal relationships is a matter of much importance, and documents such as these, largely devoted as they are to the communication of news about books and writers, the activities of rulers and ambassadors, printers and curious travelers, can be a substantial aid in determining the structure of an historical moment, the succession and interrelationship of events. One is willing to grant that much of what Chapelain wrote to Heinsius is trivial and concerns books and literary news of slight importance, that a delicate irony makes less of some of his comments than they were worth at the time. The triviality itself is a clue to the temper of Paris during the Fronde and in the late years of the regency of Mazarin. Great ideas were not being discussed in public when Pascal was writing his Pensdes; the irony is a mode of defense against involvement, and fashionable at the time. Bray's elaborate introduction is more concerned with the artistic and subjective aspect of the letters than with their contribution to intellectual history. In about a hundred pages, he discusses his author's method of writing, the genre which this kind of letter represents, the artistry it exhibits, from basic structure to stylistic ornamentation, and finally the human and even ethical implications of this collection. His notes are full and informative; identifications are well documented and cross-referencing in the notes and in the index of names make the volume a usable source of information, even though it cannot be recommended as stimulating debate or lively narrative. The topics discussed by Chapelain range over a considerable area, without becoming controversial. There is one exceptional letter in which he instructs Heinsius in adapting his integrity to the role of a diplomat; he must acquire "un peu de dissimulation" to oppose to "l'ing~nuit~ du Parnasse." There are references to civil strife, to foreign affairs, to the rivalry of Dutch and English navies, to the sympathy of the French for the Swedish Lutheran dynasty as opposed to the Catholic ttapsburgs and the ecclesiastical electors of Mainz, Cologne, and Trier. Queen Christina of Sweden plays a continually less attractive part as the letters proceed to their end; and Christiaan Huygens, the Duc de Montausier, Ismael Boulliau, Guez de Balzac, and Gilles M4nage figure more or less regularly in these pages. Of philosophers there is little mention, and of discussion of ideas for their own sake still less. The letters are, like many another collection deriving from the age before the learned and scientific journals, a source of valuable information about certain persons and certain books; they are hardly a serious contribution to the history of ideas. H~covaT BROWN Brown University Pascal. By J. H. Broome. (New York: Barnes & Noble, Inc., 1966. pp. x + 250. $6.00.) The most remarkable feature of this work is that it locates and forcefully interprets philosophical themes common to all of Pascal's widely=diversified writing. In his works on the vacuum, the computer, geometry, hydrostatics, Grace, freedom and the art of persuasion as well as the Pens~es, Broome locates five regular features of Pascal's thought: 1) the three orders (pp. 103-4, inter alia); 2) the deux infinis (p. 146); 3) a theory of knowl- 178 HISTORY OF PHILOSOPHY edge; 4) a dialecticalmethod; and 5) a theory of communication. The former two themes are commonly discussed by students of... (shrink)

The representational arts seem friendly territory for “symbol” theories of aesthetics. Much of the initial resistance one may feel to the idea that a Mondrian composition or a Scarlatti sonata is a symbol evaporates when we switch to a portrait of Mozart, Michelangelo’s Pietá, or Dickens’s A Tale of Two Cities. These representational works have reference to things outside themselves. The portrait is a picture of Mozart; the Pietá is a sculpture of Christ and his Mother; A Tale of Two (...) Cities is about London, Paris, and the French Revolution. It is natural enough to consider the relation between these works and what they are of or about a semantic one. And if the representational is to be understood in terms of this semantic relation it is reasonable to hold that to be representational is to be a symbol of a certain kind. (shrink)

It is unfortunate that Hamblin’s contributions do not get him the credit he deserves for his remarkable achievements. Although his contributions to philosophy are well enough recognized, and his early contributions to computing have been acknowledged, it seems strange that his work has not been widely enough recognized for the interdisciplinary effect it has had. There has been a feedback loop whereby his theories on formal dialogue systems and imperatives were taken up in argumentation, applied in computing, and then used (...) in this form to refine argumentation methods. (shrink)

This paper considers Roberto Unger's views on legal reasoning. His account is defended against two misplaced attacks. The first critique is by Emilios Christodoulidis. Using the language of systems theory, Christodoulidis contends that Unger's programme of democratic experimentalism cannot be achieved through law, as the constitutive structure of the legal system is immune to politics. Christodoulidis accuses Unger of attempting to reduce law to politics. It will be argued, however, that Unger does no such thing. The second attack holds (...) that Unger's criticisms of objectivism apply to his own democratic vision and that, as a result, he cannot promote this vision without self-contradiction. Again, it will be argued that this criticism rests on a misunderstanding of Unger's views. The paper concludes with a tentative objection to the substantive proposals of Unger's work, suggesting that they ought to be replaced by a pluralist account of value. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 177 Amsterdam, appears in the series of the International Archives of the History of Ideas, published under the direction of P. Dibon of Nijmegen and R. Popkin of the University of California at San Diego and a distinguished international editorial committee. Other volumes demonstrate the philosophical respectability of the collection: three on Descartes and Cartesianism, one on Berkeley's immaterialism, three on Pierre Bayle, the rest on philosophical (...) topics from the Renaissance to the 19th century. In this gallery, these letters by a not very good French poet---who was yet an acute and rather individualistic judge of men and books, already one of the arbiters of intellectual and artistic life in France--may seem a little out of place. Yet, to many historians of intellectual affairs, the firm establishment of dates and personal relationships is a matter of much importance, and documents such as these, largely devoted as they are to the communication of news about books and writers, the activities of rulers and ambassadors, printers and curious travelers, can be a substantial aid in determining the structure of an historical moment, the succession and interrelationship of events. One is willing to grant that much of what Chapelain wrote to Heinsius is trivial and concerns books and literary news of slight importance, that a delicate irony makes less of some of his comments than they were worth at the time. The triviality itself is a clue to the temper of Paris during the Fronde and in the late years of the regency of Mazarin. Great ideas were not being discussed in public when Pascal was writing his Pensdes; the irony is a mode of defense against involvement, and fashionable at the time. Bray's elaborate introduction is more concerned with the artistic and subjective aspect of the letters than with their contribution to intellectual history. In about a hundred pages, he discusses his author's method of writing, the genre which this kind of letter represents, the artistry it exhibits, from basic structure to stylistic ornamentation, and finally the human and even ethical implications of this collection. His notes are full and informative; identifications are well documented and cross-referencing in the notes and in the index of names make the volume a usable source of information, even though it cannot be recommended as stimulating debate or lively narrative. The topics discussed by Chapelain range over a considerable area, without becoming controversial. There is one exceptional letter in which he instructs Heinsius in adapting his integrity to the role of a diplomat; he must acquire "un peu de dissimulation" to oppose to "l'ing~nuit~ du Parnasse." There are references to civil strife, to foreign affairs, to the rivalry of Dutch and English navies, to the sympathy of the French for the Swedish Lutheran dynasty as opposed to the Catholic ttapsburgs and the ecclesiastical electors of Mainz, Cologne, and Trier. Queen Christina of Sweden plays a continually less attractive part as the letters proceed to their end; and Christiaan Huygens, the Duc de Montausier, Ismael Boulliau, Guez de Balzac, and Gilles M4nage figure more or less regularly in these pages. Of philosophers there is little mention, and of discussion of ideas for their own sake still less. The letters are, like many another collection deriving from the age before the learned and scientific journals, a source of valuable information about certain persons and certain books; they are hardly a serious contribution to the history of ideas. H~covaT BROWN Brown University Pascal. By J. H. Broome. (New York: Barnes & Noble, Inc., 1966. pp. x + 250. $6.00.) The most remarkable feature of this work is that it locates and forcefully interprets philosophical themes common to all of Pascal's widely=diversified writing. In his works on the vacuum, the computer, geometry, hydrostatics, Grace, freedom and the art of persuasion as well as the Pens~es, Broome locates five regular features of Pascal's thought: 1) the three orders (pp. 103-4, inter alia); 2) the deux infinis (p. 146); 3) a theory of knowl- 178 HISTORY OF PHILOSOPHY edge; 4) a dialecticalmethod; and 5) a theory of communication. The former two themes are commonly discussed by students of... (shrink)

This paper studies the modelling of legal reasoning about evidence within general theories of defeasible reasoning and argumentation. In particular, Wigmore's method for charting evidence and its use by modern legal evidence scholars is studied in order to give a formal underpinning in terms of logics for defeasible argumentation. Two notions turn out to be crucial, viz. argumentation schemes and empirical generalisations.