Avicenna is a strong proponent of what some of the later ones call qāʻidat al-wāḥid or ‘rule of the one’ (RO). The gist of RO states: from the one only one directly proceeds. In the secondary literature, discussion of this Avicennian rule is usually limited to a particular application of it i.e., the issue of emanation. As result, it’s not really clear what RO means, nor why Avicenna endorsed it. In this paper, I try and remedy this situation by doing (...) two things – one on the taṣawwur front, the other on the tasdīq. First, explain just what the terms of RO amount to – that is, its subject and predicate. In doing this, I distinguish between a narrow and a broad understanding of RO, and the show that, on the Avicennian view, the scope of RO is broad; it is meant to be a general principle of efficient causality. This is why it is appealed to in various contexts to establish substantial philosophical theses. Second, I consider an argument Avicenna offers for RO in the Mubāḥathāt. In unpacking it, I uncover some of its realist presuppositions, and then further clarify it in light of a critique first raised by Bahmanyār and then later made famous by Fakhr al-Dīn al-Rāzī. I then conclude by seeing whether the Avicennian has the resources within the initial premises of the argument to meet the objection that’s raised. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry (...) Miller's Princeton dissertation from 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

Usually viewed as the premier apologist for laissez-faire capitalism, Smith is seen in this new interpretation within the context of an earlier tradition that condemned the British aristocracy for relinquishing its moral obligation to promote the public good in favor of an unceasing pursuit of private gain. Through separate chapters on Mandeville, Bolingbroke, and Hume, Gallagher shows that Smith echoed civic humanist sermons against the avaricious inclinations of the nobles who profited most from commercial expansion. Unlike earlier critics, however, Smith (...) concluded that the most prudent response to aristocratic corruption was not to hold ministers, kings, and social notables to higher standards but to limit their access to political power. _The Rule of the Rich?_ accordingly shows that the case for limited government made in _The Wealth of Nations_ was not a defense of individual liberty so much as a concession to the apparent incompetence of the British upper class. (shrink)

Usually viewed as the premier apologist for laissez-faire capitalism, Smith is seen in this new interpretation within the context of an earlier tradition that condemned the British aristocracy for relinquishing its moral obligation to promote the public good in favor of an unceasing pursuit of private gain. Through separate chapters on Mandeville, Bolingbroke, and Hume, Gallagher shows that Smith echoed civic humanist sermons against the avaricious inclinations of the nobles who profited most from commercial expansion. Unlike earlier critics, however, Smith (...) concluded that the most prudent response to aristocratic corruption was not to hold ministers, kings, and social notables to higher standards but to limit their access to political power. _The Rule of the Rich?_ accordingly shows that the case for limited government made in _The Wealth of Nations_ was not a defense of individual liberty so much as a concession to the apparent incompetence of the British upper class. (shrink)

In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal practice, (...) it is demonstrated that the instrument can offer a heuristic and critical tool for the analysis and evaluation of legal argumentation that can ‘bridge’ the gap between more abstract discussions of forms of legal argumentation on the one hand, and legal arguments as they occur in actual legal practice on the other hand. (shrink)

In this article it is pointed out what kind of rules for communication and argumentation are required in order to make it possible to resolve disputes in an orderly way. In section 2, Gricean maxims and Searlean speech act conditions are integrated in such a way that five general rules for communication can be formulated. In section 3, starting from Lewis's definition of convention, it is argued that the interactional effect of accepting is conventionally linked with the complex (...) communicative act complex of argumentation. In section 4, the rules for argumentation are placed in a dialogical perspective. (shrink)

While the rule of law is surely a very important good, the familiar discussions found in the literature lead many to conclude that it is either a relatively trivial political ideal, or else a redundant one. What is needed is a new and persuasive defense of the rule of law that properly reflects its great significance for human well being. An important step towards building such an argument is to question a widely-shared but often unnoticed assumption that the rule (...) of law should be understood as a virtue of legal systems. The path is then cleared for a republican argument built on two theses: first, the thought that an ideal society would be one in which no one is the master of anyone else, and second, the thought that our freedom from domination is not natural or pre-institutional. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

This self-contained one page paper produces one valid two-premise premise-conclusion argument that is a counterexample to the entire three traditional rules of distribution. These three rules were previously thought to be generally applicable criteria for invalidity of premise-conclusion arguments. No longer can a three-term argument be dismissed as invalid simply on the ground that its middle is undistributed, for example. The following question seems never to have been raised: how does having an undistributed middle show that (...) an argument's conclusion does not follow from its premises? This result does nothing to vitiate the theories of distribution developed over the period beginning in medieval times. What it does vitiate is many if not all attempts to use distribution in tests of invalidity outside of the standard two-premise categorical arguments—where they were verified on a case-by-case basis without further theoretical grounding. In addition it shows that there was no theoretical basis for many if not all claims of fundamental status of rules of distribution. These results are further support for approaching historical texts using mathematical archeology. (shrink)

This paper proposes an approach to investigate norm-governed learning agents which combines a logic-based formalism with an equation-based counterpart. This dual formalism enables us to describe the reasoning of such agents and their interactions using argumentation, and, at the same time, to capture systemic features using equations. The approach is applied to norm emergence and internalisation in systems of learning agents. The logical formalism is rooted into a probabilistic defeasible logic instantiating Dung’s argumentation framework. Rules of this logic are (...) attached with probabilities to describe the agents’ minds and behaviours as well as uncertain environments. Then, the equation-based model for reinforcement learning, defined over this probability distribution, allows agents to adapt to their environment and self-organise. (shrink)

People often have a strong intuitive sense that we ought to rescue those in serious need, even in cases where we could produce better outcomes by acting in other ways. It has become common in such cases to refer to this as the Rule of Rescue. Within the medical field this rule has predominantly been discussed in relation to decisions about whether to fund particular treatments. Whilst in this setting the arguments in favour of the Rule of Rescue have generally (...) been found to be unconvincing, there are some reasons for thinking that it may have more of a role to play at the clinical level. In this article we examine three lines that such reasoning might take. In each case we argue that the reasons given do not support the adoption of a Rule of Rescue in clinical practice. (shrink)

The main thesis underlying the methodological approach to argument evaluation holds that some arguments which employ knowledge-gaining procedures can be suc-cessfully evaluated by applying tools elaborated by the methodology of science, such as the rules for reasoning, classifying objects, defining, and questioning. The applica-tion of those rules to argument evaluation consists in comparing them with proce-dures employed in the case of argumentative practices performed either in scientific inquiry or in everyday life. In order to show how (...) building the methodological ap-proach to argument evaluation could be started, I examine two cases of evaluating arguments by means of several methodological rules of defining. The idea of apply-ing the rules governing various knowledge-gaining procedures to evaluating argu-ments is present in philosophy of science and in argumentation theory, but so far it has not been systematically elaborated. The paper aims at justifying this idea as a promising research project. (shrink)

This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

This paper discusses the Bayesian updating rules of ordinary and Jeffrey conditionalisation. Their justification has been a topic of interest for the last quarter century, and several strategies proposed. None has been accepted as conclusive, and it is argued here that this is for a good reason; for by extending the domain of the probability function to include propositions describing the agent's present and future degrees of belief one can systematically generate a class of counterexamples to the rules. (...) Dynamic Dutch Book and other arguments for them are examined critically. A concluding discussion attempts to put these results in perspective within the Bayesian approach. (shrink)

Logic was revered in the thirteenth century, perhaps more highly than it has been revered before or since. In the Muslim East, logic was an integral part of the syllabus of schools and found to be especially helpful for legal studies. It was at this time that The Canons of Logic was composed by Najm al-Din al-Katibi, a scholar of the Shafi'i school of law. The Rules of Logic is the most widely read introduction to logic in the Arabic-speaking (...) world. It has probably enjoyed a longer shelf-life than any other logic textbook ever written, having been in use by madrasa students from the early fourteenth century up until the present day. Building on the theories of Avicenna, al-Razi, and other pioneers of logic, al-Katibi discusses the many pitfalls of building arguments and setting out unambiguous claims in natural language. The enduring nature of the text is a testament to al-Katibi and his impact on concepts of formal discourse and argument. This new translation of The Canons of Logic provides new life to an influential text that has shaped the work of scholars of logic for centuries. (shrink)

Before achieving universal acclamation as professor of philosophical anthropology at the University of Munich, German philosopher Josef Pieper (1904–1997) was research assistant under Johann Plenge at The Research Institute for Organization Theory and Sociology from 1928 to 1932. The fruit of Pieper’s work under Plenge was his 1931 Grundformen sozialer Spielregln, and two years later (in 1933) the simplified, second edition. For the first time in the English-speaking world, we have this second edition translated into English by Dan Farrelly under (...) the title Rules of the Game in Social Relationships. The text responds to Swiss playwright and novelist Max Frisch’s (1911–1991) “exaggerated affirmation of community” and consequent utopic desire for a (global) “conversion to a community.” The novelty of Pieper’s argument is that he, like Frisch, affirms community; however, Pieper does so without accepting communitarianism. The difference between Pieper and Frisch is that the latter’s exaggerated affirmation of community, that is, communitarianism, was able to theoretically justify political totalitarian consequences. (shrink)

In Tractatus 5.132 Wittgenstein argues that inferential justification depends solely on the understanding of the premises and conclusion, and is not mediated by any further act. On this basis he argues that Frege’s and Russell’s rules of inference are “senseless” and “superfluous”. This line of argument is puzzling, since it is unclear that there could be any viable account of inference according to which no such mediation takes place. I show that Wittgenstein’s rejection of rules of inference (...) can be motivated by taking account of his holistic construal of the relation between inference and understanding. (shrink)

Normative theories of argumentation tend to assume that logical and dialectical rules suffice to ensure the rationality of argumentative discourse. Yet, in everyday debates people use arguments that seem valid in light of such rules but nonetheless biased and tendentious. This article seeks to show that the rationality of argumentation can only be fully promoted if we take into account its ethical dimension. To substantiate this claim, I review some of the empirical evidence indicating that people’s inferential reasoning (...) is systematically affected by a variety of biases and heuristics. Insofar as these cognitive illusions are typically unintentional, it appears that arguers may be biased despite their well-intended efforts to follow the rules of critical argumentation. Nevertheless, I argue that people remain responsible for the rationality of their arguments, given that there are a number of measures that they can (and ought to) take to avoid such distortions. I highlight the importance of argumentational virtues and critical thinking to rational debates, and describe a set of indirect strategies of “argumentative self-control”. (shrink)

Alluding to a passage in Plato’s Philebus Paul Ricoeur remarks, "Philosophy’s eminence lies in the art of arranging ordered manifolds". Whatever its general pertinence, this comment certainly applies to Ricoeur’s own work. The Rule of Metaphor, expertly translated from La métaphore vive, presents a multi-faceted approach to problems of metaphor and meaning that justifies the subtitle yet also manages to build up a coherent argument from ideas drawn from a wide variety of sources in philosophy and linguistics.

Argumentation Frameworks provide a fruitful basis for exploring issues of defeasible reasoning. Their power largely derives from the abstract nature of the arguments within the framework, where arguments are atomic nodes in an undifferentiated relation of attack. This abstraction conceals different senses of argument, namely a single-step reason to a claim, a series of reasoning steps to a single claim, and reasoning steps for and against a claim. Concrete instantiations encounter difficulties and complexities as a result of conflating these (...) senses. To distinguish them, we provide an approach to instantiating AFs in which the nodes are restricted to literals and rules, encoding the underlying theory directly. Arguments in these senses emerge from this framework as distinctive structures of nodes and paths. As a consequence of the approach, we reduce the effort of computing argumentation extensions, which is in contrast to other approaches. Our framework retains the theoretical and computational bene.. (shrink)

The Way of Ideas died an ignoble death, committed to the flames by behaviorist empiricists. Ideas, pictures in the head, perished with the Way. By the time those empiricists were supplanted at the helm by functionalists and causal theorists, a revolution had taken place in linguistics and the last thing anyone wanted to do was revive images as the medium of thought. Currently, some but not all cognitive scientists think that there probably are mental images - experiments in cognitive psychology (...) (e.g. Shepard and Metzler 1971) have shown it to be plausible to posit mental images. Even so, the phenomenon of mental imagery has been largely regarded as peripheral in cognition, perhaps even epiphenomenal. Images cannot fix the content of thought (intentions, rules), the Wittgenstein story went. The central processes of thought, so the post-Wittgenstein story goes, require a propositional representation system, a language of thought, universal and modeled on the machine languages of computers. The language of thought is compositional, productive, and, leading advocates argue, has a causal semantics. Images lack all of these essential qualities and so are hopeless as key players in thinking. (shrink)

I consider, and rebut, the argument from "twinning" - that zygotes can't be considered human individuals as two or more such individuals could be (sometimes are) produced from one zygote.

What moral claims do undocumented immigrants have to membership? Joseph Carens has argued that illegal migrants with long-term residence have a claim to national membership because they already are de facto members of local communities. This article builds on the linkage between illegality, residence, and rights, but shifts the focus from the migrant to the state, and from membership-based arguments to the rule of law. I argue that the rule of law, as expressed in the principle of legal certainty, provides (...) an alternative justification for the regularization of resident undocumented migrants. The principle of legal certainty recognizes the right of individuals to make long-term plans for their lives by requiring that state action be reasonably predictable and nonarbitrary. Thus, as an expression of legal certainty, both civil and criminal codes have statutes of limitation that place a time limit beyond which most crimes and misdemeanors can no longer be prosecuted, and individuals can move on with their lives. Not only do these statutes recognize the individual’s right to be free from arbitrary state control, they also demand that the state cut its losses and accept the consequences of its failure to act in a timely manner. I contend that, in the absence of a statute of limitation on illegal entry, the deportation of settled migrants constitutes an arbitrary act of state power. The article explores a number of judicial rulings to illustrate the argument’s normative logic. (shrink)

The paper outlines a conceptual framework for the critical assessment of argumentation which differs in some of its core characteristics from conventional approaches: it is resolutely semantic rather than formal in its method; it centers on obligations rather than beliefs; and its analytical focus is on the contingent necessity of conclusions, rather than on their persuasiveness or formal validity. The paper briefly illustrates the applications of this conceptual framework by reanalyzing a couple of examples taken from the argumentation analysis literature.

Research suggests that institutions affect the levels of corruption in a country. We take these arguments a step further and examine whether it is the presence of inclusive institutions and/or the credible and consistent implementation of institutions that matter, as regards corruption. We use a novel approach to theoretically conceptualise and empirically operationalise institutions along two analytically distinct dimensions: the nature of the institutions (the de jure dimension), and the extent to which they are credibly and consistently implemented over time (...) (the de facto dimension), using a panel dataset for 148 countries covering 2012 to 2018. We find that formal institutions are most effective in reducing corruption when the rules are credibly and consistently implemented. Furthermore, this effect appears to operate differently at different levels of national income. The nature of the formal institutions appears important across income levels, but particularly so at the upper middle income level, while the credible and consistent implementation of these institutions is primarily influential at upper middle income levels. We explain why this may be the case and elaborate on the policy implications. (shrink)

Do extreme, unethical governmental policies often produce results opposite to those intended? This book considers the ironic outcomes of recent global events and concludes that there is a 'rule of reverse results' at work. While not a hard and fast law, the rule points out the increased probability that a policy will backfire if it is immoral while ethical policies, even if extreme, are unlikely to produce reverse results. The issue here is that of increased likelihood but not of certainty. (...) Governments can never be sure as to the effects of their actions: to some extent they are always working in the dark. But if the motivation is right, moral and humane the policies will not often produce adverse results the opposite of those intended. Based on events in global history in the Twentieth and Twenty-First centuries the chapters can each be read individually, as well as being part of the argument. (shrink)

BackgroundIn specific situations it may be necessary to make an exception to the general rule of informed consent for scientific research with an intervention. Earlier reviews only described subsets of arguments for exceptions to waive consent.MethodsHere, we provide a more extensive literature review of possible exceptions to the rule of informed consent and the accompanying arguments based on literature from 1997 onwards, using both Pubmed and PsycINFO in our search strategy.ResultsWe identified three main categories of arguments for the acceptability of (...) a consent waiver: data validity and quality, major practical problems, and distress or confusion of participants. Approval by a medical ethical review board always needs to be obtained. Further, we provide examples of specific conditions under which consent waiving might be allowed, such as additional privacy protection measures.ConclusionsThe reasons legitimized by the authors of the papers in this overview can be used by researchers to form their own opinion about requesting an exception to the rule of informed consent for their own study. Importantly, rules and guidelines applicable in their country, institute and research field should be followed. Moreover, researchers should also take the conditions under which they feel an exception is legitimized under consideration. After discussions with relevant stakeholders, a formal request should be sent to an IRB. (shrink)

If we consider Wittgenstein's career as a whole, it appears that he wrote more on the philosophy of logic and mathematics than any other subject. Yet his writings on these subjects have exerted little influence. Indeed, the tide of response to Remarks on the Foundations of Mathematics, which contains the bulk of his latest views of mathematics, has been for the most part overwhelmingly negative. Given his later emphasis on the context-bound character of language, mathematics and logic--where language apparently operates (...) in an maximally precise, clear and general way--represent two of the most difficult cases for Wittgenstein to confront. My thesis aims to defend Wittgenstein from the charges of benighted arrogance traditionally levelled against him. I argue that Wittgenstein's later discussions of mathematics form a central part of a larger philosophical project, internally related to Philosophical Investigations and shaping in specific ways Wittgenstein's reaction to both scepticism and accounts of the nature of logical and mathematical truth. I see Wittgenstein criticizing the unreflective use of mathematical tools in philosophy, not offering a competing philosophy of mathematics. ;Too few of Wittgenstein's readers have been willing to offer detailed exegesis of his writing . This has made it difficult to understand how the aphoristic style of his late writing bears on the philosophical problems being discussed. On my view, the quality of Wittgenstein's writing is intrinsic to his later conception of the nature of logic, mathematics and philosophy. Line by line engagement with his texts is thus imperative in order to achieve an understanding of his philosophical objectives and criticisms. My dissertation offers as a paradigm of such reading a detailed exegesis and criticism of the opening five sections of Remarks on the Foundations of Mathematics. ;I briefly explore in some detail the origin and genesis of Wittgenstein's interest in rule-following, from its roots in the Tractatus's conception of logical syntax. This background illuminates Wittgenstein's later conception of logical truth and his criticisms of Frege's and Russell's arguments for logicism. To explore these criticisms, I focus on Wittgenstein' s discussions of the Frege-Russell definition of "Number" in "logical" terms. Placed in their appropriate philosophical and historical context, Wittgenstein's seemingly outrageous remarks about the nature of proof, mathematical logic and the foundations of mathematics do not simply betray his ignorance. Nor do they commit him to a revisionist attitude toward mathematical practice. Rather, they raise fundamental questions about the philosophical presuppositions lying behind attempts to bring particular mathematical results to bear in philosophy. (shrink)

Rule of law is a concept that is regularly debated by legal philosophers, often in connection to discussion of the concept of law. In this article, the focus is not on the substance of the conceptual claims, but on the methodologies employed by legal philosophers, investigating seminal articles on the rule of law by Joseph Raz and Jeremy Waldron. I argue that their philosophical argumentations often crucially depend on empirical or legal doctrinal arguments. However, these arguments remain underdeveloped. I explore (...) how these arguments could be linked to approaches related to rule of law in different fields of legal scholarship and investigate how the methodologies of these fields may complement each other. Thus, the article aims to provide an argument for a specific form of triangulation of three kinds of approaches to the rule of law: philosophical, social-scientific and legal doctrinal. This method of triangulation is illustrated by a discussion of the World Justice Project’s Rule of Law Index. (shrink)

The modern lawyer operates within a conception of law as a body of rules. To confront the law of contract, of torts, or of property, is to familiarize oneself with an intricate set of rules. Such familiarity is not yet legal scholarship, much less legal practice. For in order to use the rules as lawyers use them, the rules must be contemplated and considered, and the relationship between the different rules must be understood. Because the (...) intellectual processes involved in handling the rules exhibit a high degree of sophistication, those intellectual processes may themselves become the subject matter of philosophical argument. Thus we may regard jurisprudential theories as embodying differing understandings of the processes of handling legal rules; and we may conceive of legal theory as the attempt to grasp the moral significance of rules as a foundation for social order. This essay shall offer some thoughts on the relationship between the rule of law, considered as a moral ideal, and the notion of rules as the principal means by which legal order is manifested. (shrink)

The author discusses the rational argumentation of the values from a proposal defended by the legal philosopher Robert Alexy. The paper shows that discourse for Alexy is essentially a regulated activity. A model of certain rules ensure the rationality and correctness of practical discourse oriented towards resolving conflicts of value. Firstly, the types of rules responsible for the rationality of practical argumentation are described. Secondly, some open problems relating to the claim to correctness of reasoned practical discourse are (...) posed, namely problems derived from the idea of consensus and that of a single correct answer to certain practical issues that include conflicts of values and raise basic disagreements. (shrink)

Norms—that is, specifications of what we ought to do—play a critical role in the study of informal argumentation, as they do in studies of judgment, decision-making and reasoning more generally. Specifically, they guide a recurring theme: are people rational? Though rules and standards have been central to the study of reasoning, and behavior more generally, there has been little discussion within psychology about why (or indeed if) they should be considered normative despite the considerable philosophical literature that bears on (...) this topic. In the current paper, we ask what makes something a norm, with consideration both of norms in general and a specific example: norms for informal argumentation. We conclude that it is both possible and desirable to invoke norms for rational argument, and that a Bayesian approach provides solid normative principles with which to do so. (shrink)

In recent years, scepticism about democracy’s ability to deliver good political decisions has resurfaced. In response, some political philosophers have argued that we should replace democracy with epistocracy. In this political system, the exercise of political decision-making powers – including the exercise of the right to vote – is made formally conditional on a sufficient degree of political competence. The purpose of this thesis is to evaluate the normative justifiability of epistocracy. Whereas most political philosophers firmly reject epistocracy and support (...) democracy, I will instead defend an uncommon middle-ground view. More precisely, I will defend what I call the civic argument for epistemic constraints on voting. According to this argument, voters have a civic duty (an obligation grounded in the normativity of joint agency) to uphold the demands associated with their role in political decision making practices and owe each other compliance with this duty. Given the distinctively epistemic dimension that characterizes their role, the civic duty of voters is to act in an epistemically responsible way by exercising a cluster of epistemic capacities. I then contend that some limited constraints on participation in voting can be normatively justified as a way to ensure, as much as possible, that voters act in an epistemically responsible way. This view provides a novel contribution to the debate, one that can resist some standard egalitarian objections to epistocracy and yet avoid some of the most radical conclusions of standard accounts of epistocracy. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

HSÜN Tzu's essay on "Rectifying Terms" is justly considered a work of "great logical interest." For in this essay, one finds a remarkably modern concern with such topics as the rationale for having terms; the empirical and pragmatic bases for the classification of terms; the formation of generic and specific terms; the importance of observing established linguistic practices; the necessity of complying with proper standards for the institution, ratification, and regulation of the uses of language ; the nature of argumentative (...) discourse ; and the problems inherent in successful linguistic communication. A careful examination of some passages in other essays also suggests an awareness of the distinction between deductive, inductive, and analogical inferences, though Hsün Tzu provides us no explicit discussion of the nature of reasoning and its validating rules. (shrink)

This chapter examines the nature of legislative deliberation and the political sources of legislative majorities as dominant themes of American constitutional thinking. Drawing on James Madison's insights based on his memorandum ‘Vices of the Political System of the U. States’, it considers how the American conception of the rule of law developed amid the republican innovations of the late eighteenth century. It looks at the constitutional crisis of the late 1780s and the underlying aspects of governance in the colonies-becoming-commonwealths of (...) Anglophone North America, with reference to Madison's arguments regarding the ‘impotence of the laws of the states’ and ‘perspicuity’ in the realms of law and politics. It also discusses Madison's innovative approach to republican constitutionalism as well as his conception of the effect of popular opinion and interest on the pursuit of public good and private rights. (shrink)

A broad range of scholars contend that the rule of law is indifferent to human rights. I call this view the "no-rights thesis," and attempt to unsettle it. My argument draws on the work of Lon L. Fuller and begins with the idea that the fundamental justification of the rule of law rests on a juridical conception of human agency, one that finds expression in the legal and moral claims that can arise from human agency within the context of (...) legal relationships. I argue that the state and its legal subjects are in a particular kind of legal relationship with one another, a fiduciary relationship, and that the content of the state's ensuing fiduciary obligation is the rule of law. Because the rule of law is intelligible in terms of the right, and independently of the good, it follows that compliance with the rule of law necessarily makes a moral difference regardless of how poorly the state lives up to the demands of the good. This is a conceptual rather than an empirical claim, and it leads to the conclusion that respect for human agency in the context of the state-subject fiduciary relationship necessarily entails respect for human dignity, respect for human dignity entails respect for human rights, and therefore a commitment to the rule of law entails a commitment to human rights. (shrink)

In this paper, I provide an argument for rejecting Sarah Moss's recent account of legal proof. Moss's account is attractive in a number of ways. It provides a new version of a knowledge-based theory of legal proof that elegantly resolves a number of puzzles about mere statistical evidence in the law. Moreover, the account promises to have attractive implications for social and moral philosophy, in particular about the impermissibility of racial profiling and other harmful kinds of statistical generalisation. In (...) this paper, I show that Moss's account of legal proof crucially depends on a moral norm called the rule of consideration. I argue that we have a number of reasons to be sceptical of this rule. Once we reject the rule, it is not clear that Moss's account of legal proof is either plausible or attractive. (shrink)

This article attemps to provide a good defense for battered women who kill their sleeping husbands, particularly in cases where it is judged that she was mistaken in her assumption of the need to exercise self-defense. Proceeding from the distinction between the imputation of an act to an actor and the imputation of blame to an actor for criminally prohibited conduct , the article moves on to a discussion of the relevance of mistakes as to justifying circumstances under the criminal (...) law. Although some attention is given to the theoretically sound solution to the problem raised by the unknowingly justified actor, primary emphasis is placed on the putatively justified actor. The argument is advanced that the false assumption of justifying circumstances negates the imputation of wrongful conduct to an actor, rather than negating the imputation of blame to him for his wrongful conduct. Accordingly, criminal liability can only attach to an individual acting in putative self-defense, for example, if that individual was negligent for making the mistake . The standard for judging negligence in the United States is that of the so-called "reasonable person". A great deal of discussion in the U.S. scholarly literature has been revolving around the question of whether an "objective" or "subjective" standard of reasonableness should be employed when determining whether an individual acted reasonable and thus non-negligently. This article argues for a "subjective" standard for the criminal law, as opposed to an "objective" standard, which is claimed to have more relevance for tort law . Finally, the claim is made that a battered woman who kills her sleeping husband should be given the benefit of the self-defense justification under the U.S. law approach to self-defense. If the woman is mistaken as to the need to exercise self-defense, then wrongful conduct should be imputed to her only on the basis of whether her mistake was subjectively unreasonable and thus negligent . Der Aufsatz liefert Argumente dafür, daß eine "battered woman" für die Tötung ihres schlafenden Ehemannes strafrechtlich nicht zur Verantwortung gezogen werden kann, und zwar insbesondere dann nicht, wenn sie irrig Umstände annimmt, die, wenn sie vorlägen, die Handlung der Frau unter Notwehrgesichtspunkten rechtfertigen würden. Die Unterscheidung zwischen der Zurechnung eines Vorgangs als Handlung und der Zurechnung einer rechtswidrigen Tat zur Schuld wird vorangeschickt . Dann wird die strafrechtliche Relevanz von Irrtümern über rechtfertigende Umstände besprochen. Zwar wird die theoretisch richtige Lösung auch solcher Fälle diskutiert, bei denen der Täter rechtfertigende Umstände verkennt. Doch wird die Betonung auf die Fälle der Putativnotwehr gelegt, wobei die These vertreten wird, daß die irrige Annahme von rechtfertigenden Umständen die Zurechnung des Vorgangs als Totschlagshandlung und nicht erst die Zurechnung zur Schuld ausschließt. Daraus läßt sich entnehmen, daß der Täter, der in Putativnotwehr handelt, strafrechtlich nur dann verantwortlich ist, wenn sein Irrtum auf Fahrlässigkeit beruht . In den U.S.A. wird die Frage, ob jemand fahrlässig gehandelt hat oder nicht, danach beantwortet, ob eine "reasonable person" in der gegebenen Situation genauso wie der Täter gehandelt hätte. Zur Zeit findet eine lebhafte Diskussion darüber statt, ob dieser Maßstab "objektiv" oder "subjektiv" aufzufassen sei. Anders ausgedrückt: Es wird die Frage gestellt, ob die Geschworenen die Annahmen eines Durchschnittsmenschen oder aber die eines Menschen mit den persönlichen Merkmalen und Erfahrungen des Angeklagten in ihren Überlegungen darüber heranziehen sollten, ob dieser hypothetische Mensch einem Irrtum wie dem des Angeklagten erlegen wäre. Der Aufsatz spricht sich, was strafrechtliche Urteile angeht, für den "subjektiven" und gegen den "objektiven" Maßstab aus, der statt dessen für die deliktsrechtlichen Urteile der angemessenere zu sein scheint . Die Ergebnisse dieser Argumentationen werden dann auf den Fall der "battered woman" angewandt. Es wird gezeigt, daß die geschundene Frau, die ihren schlafenden Ehemann tötet, nach dem U.S. Model Penal Code unter Notwehrgesichtspunkten gerechtfertigt sein kann. Sollte es im Einzelfall so sein, daß die Frau sich über die Erforderlichkeit der Notwehrhandlung geirrt hat, dann kann ihr die Handlung nur dann zugerechnet werden, wenn der Irrtum im "subjektiven" Sinne fahrlässig gewesen ist. (shrink)

This paper aims at laying some foundations of a logic of argumentation in which arguments, as well as attacks and supports among arguments are all defined in a unifying formalism. In the latter, an argument is denoted as a pair displaying a reason and a conclusion but no condition is required to hold relating the reason to the conclusion. We introduce a series of inference rules relating arguments and show how the resulting system captures important features of argumentation (...) that hitherto have not been captured by existing formalisms. (shrink)

The principle of maximum entropy is a method for assigning values to probability distributions on the basis of partial information. In usual formulations of this and related methods of inference one assumes that this partial information takes the form of a constraint on allowed probability distributions. In practical applications, however, the information consists of empirical data. A constraint rule is then employed to construct constraints on probability distributions out of these data. Usually one adopts the rule that equates the expectation (...) values of certain functions with their empirical averages. There are, however, various other ways in which one can construct constraints from empirical data, which makes the maximum entropy principle lead to very different probability assignments. This paper shows that an argument by Jaynes to justify the usual constraint rule is unsatisfactory and investigates several alternative choices. The choice of a constraint rule is also shown to be of crucial importance to the debate on the question whether there is a conflict between the methods of inference based on maximum entropy and Bayesian conditionalization. (shrink)

Popper’s suggestion of taking methodological norms as conventions is examined from the point of view of game theory. The game of research is interpreted as a game of persuasion, in the sense that every scientists tries to advance claims, and that her winning the game consists in her colleagues accepting some of those claims as the conclusions of some arguments. Methodological norms are seen as elements in a contract established amongst researchers, that says what inferential moves are legitimate or compulsory (...) in that game. Norms are classified in three groups: rules of internal inference , entry norms , and exit norms . It is argued that the value of a set of norms depends on how efficient they are in leading a scientific community to accept claims ranking high in a consensuated scale of epistemic value, and in giving each member of the community a reasonable expectation of winning some games. (shrink)

The maze and the masses -- Democracy as the rule of the dumb many? -- A selective genealogy of the epistemic argument for democracy -- First mechanism of democratic reason: inclusive deliberation -- Epistemic failures of deliberation -- Second mechanism of democratic reason: majority rule.

In this article, we argue for the general importance of normative theories of argument strength. We also provide some evidence based on our recent work on the fallacies as to why Bayesian probability might, in fact, be able to supply such an account. In the remainder of the article we discuss the general characteristics that make a specifically Bayesian approach desirable, and critically evaluate putative flaws of Bayesian probability that have been raised in the argumentation literature.