The article shows how, by changing the formulations of habitual premises and critical questions for pre­sumptive argumentation schemes, one can evaluate an argument even before its type has become known. The argument from position to know is used to justify the possibility of detecting types of classical pre­sumptive schemes when we take into account the type of speech act used to implement them, and the speaker and listener’s awareness of each other’s propositional attitudes. The types of argument (...) from posi­tion to know are distinguished with respect to their epistemic and illocutionary variety. Following Austin one of these types can be considered a performative argument from position to know. The article describes the principles of its usage and outlines the evaluation procedure. (shrink)

Epistemic impermissivism is the view that there is never more than one doxastic attitude it is rational to have in response to one's total evidence. Epistemic permissivism is the denial of this claim. The debate between the permissivist and the impermissivist has proceeded, in large part, by way of 'negative' arguments that highlight the unattractiveness of the opposing position. In light of the deadlock that has ensued, this paper has two aims. The first is to introduce the concept of a (...) 'positive' argument for impermissivism. The second is to show that this argument faces a dilemma, one that generalizes the problems that famously arise for formal constraints like the Principle of Indifference. The aim of this paper is to strengthen the argument against the impermissivist by showing that no positive argument for impermissivism is likely to succeed. (shrink)

In this paper, I argue that the “positive argument” for Constructive Empiricism (CE), according to which CE “makes better sense of science, and of scientific activity, than realism does” (van Fraassen 1980, 73), is an Inference to the Best Explanation (IBE). But constructive empiricists are critical of IBE, and thus they have to be critical of their own “positive argument” for CE. If my argument is sound, then constructive empiricists are in the awkward position of having to (...) reject their own “positive argument” for CE by their own lights. (shrink)

Disputants in the debate regarding whether Hume's argument on induction is descriptive or normative have by and large ignored Hume’s positive argument (that custom is what determines inferences to the unobserved), largely confining themselves to intricate debates within the negative argument (that inferences to the unobserved are not founded on reason). I believe that this is a mistake, for I think Hume’s positive argument to have significant implications for the interpretation of his negative argument. In (...) this paper, I will argue that Hume’s positive and negative arguments should be read as addressing the same issues, whether normative or causal. I will then focus on the Enquiry version of Hume’s positive argument, arguing that it carries a significant normative conclusion: there, Hume argues that custom plays a normative role in justifying our inductive inferences. Given that Hume’s positive argument should be read as addressing the same issues as his negative argument, we should correspondingly read Hume’s negative argument in the Enquiry as having a normative conclusion. (shrink)

Putnam coined what is now known as the no miracles argument “[t]he positive argument for realism”. In its opposition, he put an argument that by his own standards counts as negative. But are there no positive arguments against scientific realism? I believe that there is such an argument that has figured in the back of much of the realism-debate, but, to my knowledge, has nowhere been stated and defended explicitly. This is an argument from the (...) success of quantum physics to the unlikely appropriateness of scientific realism as a philosophical stance towards science. I will here state this argument and offer a detailed defence of its premises. The purpose of this is to both exhibit in detail how far the intuition that quantum physics threatens realism can be driven, in the light also of more recent developments, as well as to exhibit possible vulnerabilities, i.e., to show where potential detractors might attack. (shrink)

John Rawls famously argued that the Difference Principle would be chosen by any rational agent in the original position. Derek Parfit and Philippe Van Parijs have claimed, contra Rawls, that it is not the Difference Principle which is implied by Rawls’ original position argument, but rather the more refined Lexical Difference Principle. In this paper, we study both principles in the context of social choice under ignorance. First, we present a general format for evaluating original position arguments in this (...) context. We argue that in this format, the Difference Principle can be specified in three conceptually distinct ways. We show that these three specifications give the same choice recommendations, and can be grounded in an original position argument in combination with the well-known maximin rule. Analogously, we argue that one can give at least four plausible specifications of the Lexical Difference Principle, which however turn out to give different recommendations in concrete choice scenarios. We prove that only one of these four specifications can be grounded in an original position argument. Moreover, this one specification seems the least appealing from the viewpoint of distributive justice. This insight points towards a general weakness of original position arguments. (shrink)

A number of papers have argued in favour of the material account of indicative conditionals, but typically they either concentrate on defending the account from the charge that it has counterintuitive consequences, or else focus on some particular positive argument in favour of the theory. In this paper, I survey the various positive arguments that can be given, presenting simple versions where possible and showing the connections between them. I conclude with some methodological considerations.

In their philosophical projects that address the concept of law, Immanuel Kant, Johann G. Fichte, and Georg W. F. Hegel all employ transcendental argumentation to demonstrate the sovereignty of community and the existence of power. They do this in the attempt to conceptually ground the idea of freedom and reconcile it with the notion of coercion within the framework of the idea of positive law. This article focuses solely on the Kantian project, since the approaches of Fichte and Hegel take (...) on a more speculative turn in addition to their transcendental form. (shrink)

Discussion on whether Hume's treatment of induction is descriptive or normative has usually centred on Hume's negative argument, somewhat neglecting the positive argument. In this paper, I will buck this trend, focusing on the positive argument. First, I argue that Hume's positive and negative arguments should be read as addressing the same issues . I then argue that Hume's positive argument in the Enquiry is normative in nature; drawing on his discussion of scepticism in Section 12 (...) of the Enquiry, I explain a framework by which he provides what I call consequent justification for our inductive practices in his positive argument. Based on this, I argue that his negative argument in the Enquiry should similarly be read as normative in nature. (shrink)

Many people believe that some things, like kidneys or sex, should not be for sale. Let us call these things “contested commodities.” Against this, Brennan and Jaworksi defend “markets without limits” (hereafter: MwL). According to this thesis: “If you may do it for free, you may do it for money” (2016, p. 10). Since we can give away our kidneys for free and have sex for free, we should be able to do these things for money. Brennan and Jaworksi deftly (...) blend rigorous philosophical argument with the latest research in social science to counter some of the most prominent against commodification. But, I will argue, their arguments stop short of establishing MwL. Brennan and Jaworksi do not say enough in favor of markets in contested commodities. (shrink)

In this paper I will argue that there is an inductive and a non-inductive argument from position to know, and will characterise the latter as an argument from authority because of providing content-independent reasons. I will also argue that both types of argument should be doubt-preserving: testimony cannot justify a stronger cognitive attitude in the arguer than the expert herself expresses when she testifies. Failure to appreciate this point undercuts Mizrahi’s claim that arguments from expert opinion are (...) weak. (shrink)

I consider the plausibility of discounting for kinship, the view that a positive rate of pure intergenerational time preference is justifiable in terms of agent-relative moral reasons relating to partiality between generations. I respond to Parfit's objections to discounting for kinship, but then highlight a number of apparent limitations of this approach. I show that these limitations largely fall away when we reflect on social discounting in the context of decisions that concern the global community as a whole, such as (...) those related to global climate change. (shrink)

Three variants of Kurt Gödel's ontological argument, proposed by Dana Scott, C. Anthony Anderson and Melvin Fitting, are encoded and rigorously assessed on the computer. In contrast to Scott's version of Gödel's argument the two variants contributed by Anderson and Fitting avoid modal collapse. Although they appear quite different on a cursory reading they are in fact closely related. This has been revealed in the computer-supported formal analysis presented in this article. Key to our formal analysis is the (...) utilization of suitably adapted notions of ultrafilters, and a careful distinction between extensions and intensions of positive properties. (shrink)

This article describes a device used to challenge a target’s normativity in the course of an argument, a members’ method employed in arguments in public places. In this device, participants seek to challenge their opponent’s normativity by implying that the target of the device is not adhering to a norm mutually agreed-to in the earlier preparatory phases of the device. A pre-challenge phase poses an ‘enticing interrogative’, a question that fails to take for granted common-sense features of the target (...) as a resource for obtaining a pre-figured reply. The resulting challenge phase implies that on the basis of the pre-challenge, the target is failing to adhere to some norm required of them by means of category or general membership. This article describes the way in which with this device parties to an argument may manufacture challenge an opponent’s normativity. (shrink)

Paraconsistent approaches have received little attention in the literature on vagueness (at least compared to other proposals). The reason seems to be that many philosophers have found the idea that a contradiction might be true (or that a sentence and its negation might both be true) hard to swallow. Even advocates of paraconsistency on vagueness do not look very convinced when they consider this fact; since they seem to have spent more time arguing that paraconsistent theories are at least as (...) good as their paracomplete counterparts, than giving positive reasons to believe on a particular paraconsistent proposal. But it sometimes happens that the weakness of a theory turns out to be its mayor ally, and this is what (I claim) happens in a particular paraconsistent proposal known as subvaluationism. In order to make room for truth-value gluts subvaluationism needs to endorse a notion of logical consequence that is, in some sense, weaker than standard notions of consequence. But this weakness allows the subvaluationist theory to accommodate higher-order vagueness in a way that it is not available to other theories of vagueness (such as, for example, its paracomplete counterpart, supervaluationism). (shrink)

Two main types of philosophical arguments have been given in support of the claim that the citizens of affluent societies have stringent moral duties to aid the global poor: “positive duty” arguments based on the notion of beneficence and “negative duty” arguments based on noninterference. Peter Singer’s positive duty argument (Singer 1972) and Thomas Pogge’s negative duty argument (Pogge 2002) are among the most prominent examples. Philosophers have made speculative claims about the relative effectiveness of these arguments in (...) promoting attitudes and behaviors that could lead to the alleviation of poverty. In this article we present the results of two empirical studies that evaluate these claims, and suggest that both arguments have a modest effect on people’s attitudes and behaviors regarding global poverty. In a replication of the second study, the negative duty argument, in particular, had a statistically significant effect on donations. We discuss the theoretical and practical significance of these results and suggest directions for further research on the role that philosophical arguments can play in engendering concern and action on pressing moral problems. (shrink)

This study analyzed the argumentative writing behavior of Iranian graduate learners of English as Foreign Language in their English essays. Further, the correlations between the use of argument elements and overall writing quality as well as soundness of produced arguments were investigated. To this end, 150 essays were analyzed. The sample essays were found to be predominantly deductive in terms of rhetorical pattern. Moreover, they mainly utilized ‘data’ and ‘claim’ most frequently with secondary elements of argument as the (...) least produced elements. Overall writing quality co-varied significantly positively with the uses of claims, data, counterargument claims, counterargument data, rebuttal claims, and rebuttal data. Essays rated high in terms of overall writing quality were further rated for soundness and relevance of the arguments. The results demonstrate that even for advanced language learners good surface structure cannot necessarily guarantee well thought-out logical structure. The pedagogical implications for writing instruction and research are discussed. (shrink)

Abstract:According to Shelly Kagan, “ordinary” or “moderate” moralists must establish the existence of “options.” Kagan considers a “negative” and a “positive” argument, which he regards as the most promising means by which moral moderates might establish their position. He offers objections to both, and he concludes that the moderate position is indefensible. I argue that Kagan fails in his attempt to discredit the negative argument. I also argue that the positive argument is so implausible that Kagan's elaborate (...) criticism of it is unnecessary. The positive argument is interesting nevertheless, because of why it cannot serve the moderate's purposes. (shrink)

In recent literature, panpsychism has been defended by appeal to two main arguments: first, an argument from philosophy of mind, according to which panpsychism is the only view which successfully integrates consciousness into the physical world (Strawson 2006; Chalmers 2013); second, an argument from categorical properties, according to which panpsychism offers the only positive account of the categorical or intrinsic nature of physical reality (Seager 2006; Adams 2007; Alter and Nagasawa 2012). Historically, however, panpsychism has also been defended (...) by appeal to a third argument based on considerations about the nature and observability of causation. This argument has not been much discussed in recent times. Here is a concise version from William James: "… the concrete perceptual flux, taken just as it comes, offers in our own activity-situations perfectly comprehensible instances of causal agency … If we took these experiences as the type of what actual causation is, we should have to ascribe to cases of causation outside of our life, to physical cases also, an inwardly experiential nature. In other words, we should have to espouse a so-called “pan-psychic” philosophy" (James 1911: 218). James here suggests that we have direct experience of causation in our own agency. He thereby directly contradicts David Hume, who famously denied that we have any experience of causation. James goes on to claim that if this experience is representative of causation in general, it follows that all causation is mental, and that panpsychism is true. This kind of argument for panpsychism can be called the argument from (experience of) causation. This chapter offers, first, a history of this argument and arguments closely related to it, and second, an analysis of the argument – is it valid, are its premises in any way defensible, and how does it relate to the other, more popular arguments for panpsychism from philosophy of mind and categorical properties? (shrink)

This book offers a close and rigorous examination of the arguments for and against scientific realism and introduces key positions in the scientific realism/antirealism debate, which is one of the central debates in contemporary philosophy of science. On the one hand, scientific realists argue that we have good reasons to believe that our best scientific theories are approximately true because, if they were not even approximately true, they would not be able to explain and predict natural phenomena with such (...) impressive accuracy. On the other hand, antirealists argue that the success of science does not warrant belief in the approximate truth of our best scientific theories. This is because the history of science is a graveyard of theories that were once successful but were later discarded. The author eventually settles on a middle ground position between scientific realism and antirealism called "relative realism.". (shrink)

This article explores the different uses of forms of direct verbal quotes in follow-up utterances delivered during the parliamentary debates after the inaugural speech of a new chancellor in the Austrian parliament and investigates their positioning effects for members of parliament who have the first opportunity of publicly ‘doing being a government or opposition MP’ in the new legislative term. Representing the first public confrontation between government and opposition MPs, the debates foreshadow topical and interpersonal aspects of the political frontstage (...) communication in the beginning legislative term. The main purpose of this article is to investigate the relations between formal properties of direct verbal quotes, recontextualization practices, their pragmatic function, and the specific aspect of the public personae speakers foreground by their use in the inaugural debates. Although direct quotations in follow-up utterances of MPs do not occur very often, the analyses demonstrate that this specific form of discourse representation deserves attention not only because it is mainly opposition MPs who use direct quotations in uptaking discourse units, but also because of the different semiotic aspects of direct quotes which are foregrounded in the investigated recontextualization practices. These practices result in MPs’ different public self-positionings toward their role of ‘being an opposition MP’, namely, either as policy-oriented arguers or as ironic evaluators. (shrink)

Positive rights are, roughly, rights that one be provided with certain things; and so they entail obligations on others, not merely to refrain from interfering with the bearer of the rights, but to see to it that one gets whatever one has the rights to. An example of a positive right would be the right to a welfare minimum; the right, that is, to resources sufficient to satisfy basic physical needs. In this paper I criticise a couple of recent attempts (...) (by Den Uyl and Machan, and by M. Levin) to show that alleged positive rights fail a purely formal test of universality and can thus be disqualified for that reason alone. (shrink)

The article discusses the V.V. Tselishchev’s original and unique systematic study of the specific and extremely complicated problems of Gödel results regarding the question of artificial intelligence essence. Tselishchev argues that the reflexive property should be considered not only as an advantage of human reasoning, but also as an objective internal limitation that appears in case of adding Gödel sentence to a theory to build a new theory. The article analyzes so-called mentalistic Gödel’s argument for fundamental superiority of human (...) intelligence over machine one and the non-algorithmic nature of natural thinking. The discussion about the Gödel argument is not entirely speculative, but contains new knowledge. An example of such knowledge are the results of R. Smullyan levels of computers “awareness,” which are may be interpreted in a psychophysical sense. The concept of “zero level of intelligence” is proposed for such a reflexive property as “awareness of selfconsciousness.” Reflexive ranks below the awareness of self-consciousness can be considered negative levels of thinking in the sense that the intelligence, being reduced to them, significantly loses its completeness. Even self-consciousness turns out to be a negative level of thinking, since, according to Smullyan, the subject of self-consciousness is unaware of the type of thought to which he belongs. A thought experiment is proposed that allows us to establish the distribution of the properties of Smullyan stability and normality and to answer the question “Does an intuitive belief in the truth of a formal proof affect the truth of a proposition being proved?” According to intuitionism, the most unpleasant epistemic property is instability: beliefs that are not based on deep intuitions have no value. According to the constructivist philosophy of mathematics, instability is a less negative property than abnormality: the fact that high-ranking beliefs cannot be immersed to the very foundations is not significant because violation of truth due to lowering the rank of reflection is not critical. (shrink)

A ‘community of minds’ has long been presumed to be a condition of possibility for genuine argumentative interactions. In part because of this disciplinary presupposition, argumentation scholars tend to exclude from their scope of inquiry conflict resolution among culturally heterogeneous and ideologically incompatible formations. Such a stance needs to be reexamined in view of recent developments in the on-going process of globalization. The unprecedented worldwide economic and financial integration has created for the first time a ‘generalized interest’ across national and (...) continental boundaries. The need to countercheck global market forces has given rise to calls for a ‘global legal/ethical system’ or even a ‘transnational public sphere.’ Non-Western interlocutors in general are willing to debate cross-cultural issues in Western terms. Increasingly, Western interlocutors are also seeking to justify Western positions in non-Western terms. This emerging situation renders it both necessary and possible to argue across the boundaries of communities that do not share the same cultural or rhetorical tradition. It also poses a host of theoretical and practical issues whose exploration and analysis should become a new focus of argumentation studies. (shrink)

Data are presented that focus on the nature and development of argumentative reasoning. In particular our study describes how support for or against an issue affects memory for critical parts of an argumentative interaction, judgments of argument goodness, and the content of the reasons given in support of one view versus another. Two other factors were examined: developmental differences in argumentation skill and the conditional nature of supporting one side of an argument across varying contexts. Our results show (...) that even seven year old children can recognize, identify, and use the basic components of an argument to provide evidence for and make judgements about their favored position. Moreover, if position support is held constant across all age groups of students, seven year old children were found to give reasons and explanations that were highly similar in content and principle to college students. The same similarities held across age with respect to biases in memory and judgements of argument goodness. The primary difference between children's and college students' argument behavior lay in the side of an argument the students chose to support. Seven year old children and some eleven yearold children supported positions that impute more value to friendship and social consequences than to the maintenance and advancement of individual rights, as specified in a contract agreement. The similarities and differences across development are discussed with respect to a theory of argumentation that speaks to the importance of understanding the nature of goal conflict and a theory of intentionality in predicting how arguments will be represented and resolved. (shrink)

There is a familiar argument for the falsity of determinism, an argument that proceeds from the claim that agents are morally responsible. A number of authors have challenged the soundness of this argument. I pose a different challenge, one that grants its soundness. The challenge is that, given certain plausible assumptions, one cannot know the conclusion of this argument on the basis of knowing its premises. That is, one cannot know that determinism is false on the (...) basis of this argument even if agents are in fact morally responsible and moral responsibility is in fact incompatible with determinism. A slightly different version of the challenge tells also against the claim that one can be justified in believing that determinism is false on the basis of the argument, so that the challenge cannot be evaded by a retreat to an epistemic position weaker than knowledge. I compare my challenge to the challenge posed by the external world sceptic, and argue that there are asymmetries between these challenges that make it reasonable to accept the former and reject the latter. I close by considering the prospects for developing an epistemology of moral responsibility that is adequate to answer the challenge. (shrink)

In this paper I develop an argument against a type of Non-Analytic Normative Naturalism. This argument, the Normative Property Dualism Argument, suggests that, if Non-Analytic Normative Naturalists posit that normative properties are identical to natural properties and that such identities are a posteriori, they will be forced to posit that these properties which are both normative and natural have higher-order normative properties of their own.

The Values in Action (VIA) classification of character strengths and virtues has been recently proposed by two leading positive psychologists, Christopher Peterson and Martin Seligman as “the social science equivalent of virtue ethics.” The very possibility of developing this kind of an “equivalent,” however, is very doubtful in the light of the cogent criticism that has been leveled at modern moral theory by Alasdair MacIntyre as well as the well argued accusations that positive psychology, despite its official normative neutrality, is (...) pervaded by specifically Western individualism and instrumentalism. In order to evaluate whether the VIA project can be considered as substantially rooted in virtue ethical tradition, the classification was assessed against two fundamental features of the classical version of the latter: (1) the substantial interconnectedness of individual virtues, as expressed by the thesis of the unity of virtue, and (2) the constitutive character of the relationship between virtue and happiness. It turned out, in result, that the two above features are not only absent from but also contradicted by the VIA framework with the latter's: (1′) construal of individual virtues and character strengths as independent variables and (2′) official endorsement of the fact/value distinction. As soon as the arguments for the superiority of the classical virtue ethical perspective are provided, the potential responses available to the VIA's proponents are discussed. (shrink)

Coalescent argumentation is a normative ideal that involves the joining together of two disparate claims through recognition and exploration of opposing positions. By uncovering the crucial connection between a claim and the attitudes, beliefs, feelings, values and needs to which it is connected dispute partners are able to identify points of agreement and disagreement. These points can then be utilized to effect coalescence, a joining or merging of divergent positions, by forming the basis for a mutual investigation of (...) non-conflictual options that might otherwise have remained unconsidered. The essay proceeds by defining and discussing ‘argument’, ‘position’ and ‘understanding’. These notions are then brought together to outline the concept of coalescent reasoning. (shrink)

The high prevalence of brain injury incidents in adolescence and adulthood demands effective models for re-learning lost cognitive abilities. Impairment in brain injury survivors’ higher-level cognitive functions is common and a negative predictor for long-term outcome. We conducted two small-scale interventions (N = 12; 33.33% female) with persons with acquired brain injuries in two municipalities in Sweden. Age ranged from 17 to 65 years (M = 51.17, SD = 14.53). The interventions were dialogic, inquiry-based, and inspired by the Philosophy for (...) Children Programme, a participatory thinking skills approach with documented higher-order cognitive outcomes, such as developed argumentation skills, in other target groups. Philosophical dialogues were conducted once a week in the two groups, totalling 12 dialogues per group. Group argumentation development was measured through compared scores from structured observations of filmed dialogues early and late in the intervention. Large positive changes in mean scores from early to late in the intervention, together with constantly high facilitator quality, suggest argumentation development in the sample due to the intervention. (shrink)

This paper offers a new way to make sense of disagreement expansion from a polylogical perspective by incorporating various places in addition to players and positions into the analysis. The concepts build on prior implicit ideas about disagreement space by suggesting how to more fully account for argumentative context, and its construction, in large-scale complex controversies. As a basis for our polylogical analysis, we use a New York Times news story reporting on an oil train explosion—a significant point in (...) the broader controversy over producing oil and gas via hydraulic fracturing. (shrink)

In this paper, I defend epistemological contrastivism—the view that propositional knowledge is a three-place, contrastive relation between an agent, a proposition and a contrast term—against two a priori arguments recently offered by Mikkel Gerken for the conclusion that intuitive judgements exhibiting a contrast effect on knowledge ascriptions are false positives. I show that the epistemic argument for false positives begs the question against contrastivism by assuming the independently implausible claim that knowledge of a contrastive proposition always presupposes knowledge of (...) a related ordinary proposition. This claim is apparently also presupposed by the doxastic argument for false positives, the conclusion of which, I argue, is not only perfectly compatible with epistemological contrastivism but also heavily dependent on a de dicto construal of the relevant knowledge ascriptions. (shrink)

This paper describes how bodily positions and gestures were used to teach argument diagramming to a student who cannot see. After listening to short argumentative passages with a screen reader, the student had to state the conclusion while touching his belly button. When stating a premise, he had to touch one of his shoulders. Premises lending independent support to a conclusion were thus diagrammed by a V-shaped gesture, each shoulder proposition going straight to the conclusion. Premises lending dependent (...) support were diagrammed by a T-shaped gesture, the shoulder premises meeting at the collar bone before moving down to the belly button. Arguments involving two pairs of entailments were diagrammed by an I-shaped gesture, going from the collar bone to a mid-way conclusion above the abdomen before travelling to the final conclusion at the belly button. The student’s strong performance suggests that placing propositions at different locations on the body and uniting them with gestures can help one discern correct argumentative structures. (shrink)

Affirmative action continues to divide. My aim in this paper is to present participants in the debate with a new distinction, namely one between negative and positive affirmative action. Whereas positive affirmative action has to do with certain goods, such as a place at a prestigious university or a job at a prestigious company, negative affirmative action has to do with certain bads, such as a firing or a sentence. I then argue that some of the most prominent arguments in (...) favor of affirmative action speak at least as much in favor of negative as positive affirmative action. At the same time, at least one of the most prominent arguments put forward against affirmative action speak less against negative affirmative action. Thus, the paper should redraw the battle lines in the affirmative action debate. (shrink)

‘Sentimentalism’ is an old-fashioned name for the philosophical suggestion that moral or evaluative concepts or properties depend somehow upon human sentiments. This general idea has proven attractive to a number of contemporary philosophers with little else in common. Yet most sentimentalists say very little about the nature of the sentiments to which they appeal, and many seem prepared to enlist almost any object-directed pleasant or unpleasant state of mind as a sentiment. Furthermore, because battles between sentimentalism and its rivals have (...) tended to be joined over large issues about realism and antirealism, or cognitivism and noncognitivism, some attractive reasons for adopting sentimentalism which are to some extent independent of these issues have been largely ignored in metaethical discussion. This paper aims to motivate sentimentalism, but also to circumscribe its ambitions by rendering explicit some tacit assumptions in moral psychology on which I think the most promising sentimentalism depends. I begin (in section one) by sketching the kind of sentimentalism that I want to defend. Then, in sections two and three, I articulate two positive arguments for a sentimentalist understanding of certain evaluative concepts. The arguments I consider have their origins in the writings of various other authors, I think, but neither they nor their consequences have been clearly articulated before. In section four, I explore just what the sentiments would have to be like in order to play the role required of them in the arguments I develop. I will suggest that these arguments supply a highly specific ‘job description’ for the states to which sentimentalism appeals. Hence, sentimentalists who want to use these arguments, or ones like them, cannot be as casual about what they mean by ‘sentiments’ as many have tended to be. I then investigate a category of ‘natural emotions’ that meets that job description rather nicely, and offer some reasons for doubting that more inclusive categories of.... (shrink)

This article examines the development and critique of analogical arguments in the kalām tradition. There are two basic positions on analogical arguments: one holds that if analogical arguments yield certainty, then they are analyzable as deductive inferences, rendering the analogy itself redundant. Proponents of this view thus hold that if the analogy is useful at all, it will never yield the certainty demanded in the rational sciences; another holds that the analogy remains useful even when the argument is (...) deductively sound, either because the universal premise is epistemically dependent on the source case, or, because the source case is useful in dialectical contexts. The exploration of these themes will center around Juwaynī’s formalization and subsequent critique of analogical arguments in the kalām tradition. (shrink)

In this essay, I argue for a view that inclusive positivists share with Ronald Dworkin. According to the Moral Incorporation Thesis (MIT), it is logically possible for a legal system to incorporate moral criteria of legality (or “grounds of law,” as Dworkin puts it). Up to this point, the debate has taken the shape of attacks on the coherence of MIT with the defender of MIT merely attempting to refute the attacking argument. I give a positive argument for (...) MIT. I begin with an explanation of the logic of establishing possibility claims, such as MIT. At the outset, it is worth noting that the logic of establishing possibility claims is very different from the logic of establishing contingent descriptive claims or necessary claims. For this reason, some explication of the relevant features of the semantics of modal logic will be necessary here. Once the structural framework is adequately developed, the argument for MIT will be grounded on the strength of a thought experiment of a surprisingly simple kind. Indeed, the argument is inspired by a Razian argument for the possibility of a legal system without coercive enforcement machinery; on his view, a society of angels could still have a system of law without any coercive machinery. My argument will possess two theoretically important qualities that are also possessed by Raz’s powerfully simple, but ultimately unsuccessful, argument. (shrink)

In the debate over clinicians’ conscience, there is a greater ethical, legal, and scholarly focus on negative, rather than positive, claims of conscience. This asymmetry produces a seemingly unjustified double standard with respect to clinicians’ conscience under the law. For example, a Roman Catholic physician working at a secular institution may refuse to provide physician-aid-in-dying on the basis of conscience, but a secular physician working at a Roman Catholic institution may not insist on providing physician-aid-in-dying on the basis of conscience. (...) This article outlines arguments against this asymmetry and critiques them for failing to distinguish between positive claims of conscience as positive or negative rights. I suggest the asymmetry debate should be focused on whether positive claims of conscience as positive rights ought to enjoy the same protections as negative claims of conscience. Clarifying the debate in this way helps elucidate some of the best reasons for the asymmetry, which these arguments have not addressed. This article does not take a definitive position on whether the asymmetry is justified, but attempts to bring some focus to the debate by directing arguments against the asymmetry to address the significant differences between positive claims of conscience as positive rights and negative claims of conscience. (shrink)

Since its publication in 1965 _Political Argument_ has come to be recognized as occupying a key position in the revival of Anglo-American political philosophy. A number of the ideas introduced by Barry have become part of the standard vocabulary, such as the distinction between ideal-regarding and want-regarding principles and the division of principles into aggregative and distributive. _Political Argument_ provided the first precise analysis, still frequently cited, of the conception that political values have trade-off relations; the analysis of the notion (...) of the public interest has also enjoyed wide influence. For this long-awaited reprint, the author has prepared a substantial, new introductory essay in which he recounts the process of writing the book and sets it in the intellectual milieu of its time. He then offers extensive comments on the subsequent fate of some of the leading ideas and assesses the book in light of criticisms and later developments. Finally, Barry evaluates current approaches to political philosophy as they look today. This new edition of _Political Argument_ will interest political theorists, philosophers, economists, and a range of other scholars. Brilliant and incisive, it will engender discussion and debate from many quarters. (shrink)