This chapter contains sections titled: Possible Selves and Webs of Belief The Textually Cultivated “I”: Making up One's Mind Metaphorical Identification and Self‐Individuation.

Citizenship, with its presumptive rights, privileges and obligations, has been a fundamental challenge confronting the state since the classical Greek era and the transformation and reorganization of the centralized medieval Holy Roman Empire after the Thirty Years War. With the changing patterns of state formation from the large and unwieldy empires organized into absolutist states to the more nationalistic/linguistic formations a recurring issue has been the constitutional or legal guarantees of the rights of the citizen as well as his/her obligations (...) to the state. This paper engaged in a nuanced study of Plato’s Crito as it relates the contradictions of citizenship as social membership and as participation in the modern state. The primary objective was to adapt Socrates’ experience to discuss the citizenship challenge in the modern state and driven by the research question on the implications of the emergence of new challenges to the contradictions of citizenship. Social contract theory by Thomas Hobbes served as the theoretical framework. Data collection was mainly from secondary sources such as academic journals, books, newspapers and internet sources, and data analysis based on the content and textual analysis of extant and relevant literature on the subject matter. Conclusively, the study realized that citizenship in the modern state is determined largely by the protection, in various ramifications, given to the citizen by the state, but that given a change in the circumstances many would decline to die for the state. Accordingly, it recommended a mutualism in the relationship and responsibilities between that state and the citizen of the modern state, particularly the underdeveloped states of the Third World. (shrink)

Although fallacies have been common since Aristotle, until recently little attention has been devoted to identifying and defining them. Furthermore, the concept of fallacy itself has lacked a sufficiently clear meaning to make it a useful tool for evaluating arguments. Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies. Walton uses case studies illustrating familiar arguments and tricky deceptions in everyday conversation where the charge of fallaciousness (...) is at issue. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate arguments as fallacious. Walton looks at how an argument is used in the context of conversation. He defines a fallacy as a conversational move, or sequence of moves, that is supposed to be an argument that contributes to the purpose of the conversation but in reality interferes with it. The view is a pragmatic one, based on the assumption that when people argue, they do so in a context of dialogue, a conventionalized normative framework that is goal-directed. Such a contextual framework is shown to be crucial in determining whether an argument has been used correctly. Walton also shows how examples of fallacies given in the logic textbooks characteristically turn out to be variants of reasonable, even if defeasible or questionable arguments, based on presumptive reasoning. This is the essence of the evaluation problem. A key thesis of the book, which must not be taken for granted as previous textbooks have so often done, is that you can spot a fallacy from how it was used in a context of dialogue. This is an innovative and even, as Walton notes, "a radical and controversial" theory of fallacy. (shrink)

The fallacy of ignoring qualifications, or secundum quid et simpliciter, is a deceptive strategy that is pervasive in argumentative dialogues, discourses, and discussions. It consists in misrepresenting an utterance so that its meaning is broadened, narrowed, or simply modified to pursue different goals, such as drawing a specific conclusion, attacking the interlocutor, or generating humorous reactions. The “secundum quid” was described by Aristotle as an interpretative manipulative strategy, based on the contrast between the “proper” sense of a statement and its (...) meaning taken absolutely or in a certain respect. However, how can an “unqualified” statement have a proper meaning different from the qualified one, and vice versa? This “linguistic” fallacy brings to light a complex relationship between pragmatics, argumentation, and interpretation. The secundum quid is described in this paper as a manipulative argument, whose deceptive effect lies in its pragmatic dimension. This fallacy is analyzed as a strategy of decontextualization lying at the interface between pragmatics and argumentation and consisting of the unwarranted passage from an ut-terance to its semantic representation. By ignoring the available evidence and the presumptive interpretation of a statement, the speaker places it in a different context or suppresses textual and contextual evidence to infer a specific meaning different from the presumable one. (shrink)

In this paper, I examine the presumption that Mill endorses a form of metaethical non-cognitivism. I argue that the evidence traditionally cited for this interpretation is not convincing, and suggest that we should instead remain open to a cognitivist reading. I begin, in Section I, by laying out the ‘received view’ of Mill on the status of practical norms, as given by Alan Ryan in the 1970s. There is, I claim in Sections II and III, no firm textual (...) evidence for this reading of Mill: his remarks on ‘art’ and ‘science’ do not show the metaethical commitments they have been taken to. Neither is there firm textual evidence for a cognitivist reading. However, I suggest in Section IV, a non-cognitivist interpretation suffers from the fault of anachronism, and is difficult to reconcile with a clear commitment in Utilitarianism IV.3 to the possibility of evidence being given for the desirability of pleasure. A cognitivist reading would not suffer from these faults, and on that basis, I conclude that we should think further about what a cognitivist reading of Mill might amount to. (shrink)

It can be shown that, if we assume 'substance dualism', or the real distinctness of the soul from the body, then the standard objections to the Cyclical Argument in the "Phaedo" fail. So charity would presumably require that we take substance dualism to be presupposed by that argument. To do so would not beg any question, since substance dualism is a significantly weaker thesis than the immortality of the soul. Moreover, there is good textual evidence in favor of this (...) presumption. A closer look at the immediately preceding passage, viz. "Socrates' Defense", reveals an argument for a real distinction between soul and body, not unlike Descartes' famous argument, based on the identification of an activity in which the soul can in principle engage on its own, without assistance from the body. The argumentative project of the "Phaedo," on this reading, becomes: given that the soul is really distinct, show that it is immortal. And Plato aims to do this in two stages. The three initial arguments are meant to establish merely the minimal claim that the continued existence of the soul across cycles of reincarnation is the most plausible view to take, given substance dualism; and it is left to the Final Argument to argue for something that we might regard as immortality, that is, the imperishability of the soul, come what may. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Hypothesis Concerning the Character of Islamic ArtAsli GocerWhy Islamic art has the distinctive features it has continues to generate clashing explanations. The Islamic visual treasury has no figural images, for instance, and three-dimensional sculpture or large scale oil painting, but instead contains miniatures, vegetal ornaments, arabesque surface patterns, and complex geometrical designs. To account for the phenomena the following radically opposing theories have been offered: the influence of (...) Judaism, the Quranic prohibition against making images, 1 Islamic resentment of the glory of Byzantine icons, 2 logocentricism of classical Islam, 3 the spiritual dimension of Islam, 4 tacit Islamic assertion of “otherness,” 5 and contingency of history. 6 The merits of these theories have been roundly discussed in the literature, and so I will not repeat the task here. I will insist that none of these theories offer a coherent explanation for all arts, but my presumption is that such an explanation is possible. In nonvisual arts the Muslim prefers simple tunes over that of the symphony, for instance, whirling dervishes over the ballet, and lyric poetry over dramatic literature. In my view what explains the common characteristic of all these arts is a certain kind of Islamic attitude informed by a certain philosophical outlook. Although it would be hasty to suggest the existence of a monolithic [End Page 683] Islamic art, it would be equally rash to deny some striking commonalities among its diverse examples. 7The following observation by a Muslim scholar is notable in this regard: “Whether in the great courtyard of the Delhi Mosque or the Qarawiyyin in Fez, one feels oneself within the same artistic and spiritual universe despite all the local variations in material, structural techniques, and the like.” 8 Some cite geometry as what mediates that feeling to the observer despite the cultural divergences in style. 9 Even those who have given up the search for the universal or the spiritual in Islamic art cannot help but see in it the classical ideal of beauty. 10 It is this classical heritage that in fact holds one of the important keys to the puzzle at hand. In particular I shall claim that Islamic art is the living image of what Plato has in mind for art in a theocratic state. Clearly, to refer to Plato and art in the same breath invites trouble. As is well enough known, giving a general interpretation of Plato’s views on the nature of art is a very complex endeavor. 11 Even in the face of grave difficulties in textual exegesis, however, there is sufficient evidence that Plato has some settled views on art. Those pertinent to our discussion here involve two claims, that beauty and goodness are divine and that all human endeavor (including artistic creation) must imitate the divine. 12 Although Platonic strain in Islam has been noted in other areas, its persistent legacy has been overlooked in art. 13 I shall argue that the Platonic influence on Islamic thought can be traced not only to political philosophy 14 and geometry, 15 as it has been commonly accepted, but also aesthetics. 16 A philosophical explanation of the Islamic attitude toward art may therefore be derivable from the Platonic axiom that god is the paradigm of beauty, which is the cosmological principle of [End Page 684] order and harmony; and as all created things, art, too, must reflect the divine paradigm.Before defending this ahistorical hypothesis on the character of Islamic art so reviled in recent literature, a few caveats are in order. “Islamic art” contains redundant terms. Strictly speaking all art in Islam is “Islamic,” because for the Muslim art is a crucial point of contact with the divine. That art should direct the mind to the divine is also Plato’s view. 17 Second, the categories that have traditionally been used to describe Islamic art such as “aniconic” and “nonrepresentational” are unhelpful for the problem at hand. 18 When it comes to the issue of iconography in Islamic arts, there is no consensus, for Islamicists are notably divided on the semiotic dimension of the Islamic visual language. The question of whether the geometric surface pattern is essentially iconography, for instance, is yet... (shrink)

This paper builds a nine-step method for determining whether a straw man fallacy has been committed in a given case or not, by starting with some relatively easy textbook cases and moving to more realistic and harder cases. The paper shows how the type of argument associated with the fallacy can be proved to be a fallacy in a normative argumentation model, and then moves on to the practical task of building a hands-on method for applying the model to real (...) examples of argumentation. Insights from linguistic pragmatics are used to distinguish the different pragmatic processes involved in reconstructing what is said and what is meant by an utterance, and to differentiate strong and weak commitments. In particular, the process of interpretation is analyzed in terms of an abductive pattern of reasoning, based on co-textual and contextual information, and assessable through the instruments of argumentation theory. (shrink)

A general outline of a theory of reasoned dialogue is presented as an underlying basis of critical analysis of a text of argument discourse. This theory is applied to the analysis of informal fallacies by showing how textual evidence can be brought to bear in argument reconstruction. Several basic types of dialogue are identified and described, but the persuasive type of dialogue is emphasized as being of key importance to critical thinking theory.

Some theorists on literary interpretation have suggested a connection between Monroe C. Beardsley’s anti-intentionalism and hypothetical intentionalism based on an implied author. However, a full exploration has never been attempted. I undertake this task in this paper. A close reading of Beardsley reveals that he assumes something very similar to the implied author in interpretation. I distinguish five types of fictional works in terms of their narrative mode and show that my claim stands in at least four of the five (...) types. The significance of my argument lies in exposing the above version of authorism in anti-intentionalism. -/- Beardsley is generally perceived as advocating the irrelevance of authorial intention to literary interpretation. The common interpretation of his theory is that work-meaning is generated by linguistic conventions, with intention playing no role in meaning-determination. All the interpreter needs is knowledge of public, linguistic conventions in order to recover textual meaning. -/- Nevertheless, when dealing with the problem of interpretation, Beardsley explicitly talks about attributing textual meaning to a fictional speaker. Although he does not elaborate on the nature of this speaker, clues scattered in his writings point to the striking similarity of this theoretical apparatus to an implied author. The key lies in his presumption that every fictional work must have an ultimate speaker to whom meaning inferred from the text should be attributed. This claim is almost the core of an implied author theory of interpretation. -/- A difficulty in classifying Beardsley’s view as a version of the implied author position is that his characterization of the story’s presenter might apply better to the story’s narrator than to its implied author. To test this, I examine different types of narrative modes to see whether the fictional speaker merges with the implied author in each of these scenarios. -/- The first factor to consider for classifying narrative modes is whether the narrator’s presence is explicit or implicit. The narrative scenario in which the narrator is implicit can be further divided into two sub-types: either the story is told from an omniscient viewpoint or centers on the experience of a third-person character. In either case, the story is not told by any of the characters in the story; rather, it is told by an implicit speaker whose words the work purports to be. It seems reasonable to identify this fictional speaker with the implied author, for both function as the subject to which textual meaning is attributed. -/- As for the narrative mode in which the narrator is explicit, this involves first-person narratives. In these, either the narrator is reliable or unreliable. When the narrator is unreliable, a transcendental perspective is required in determining the text’s meaning, because what is said ultimately in the work is not equivalent to what is literally said by the unreliable narrator. It follows that an implicit speaker has to be assumed and she again coincides with the implied author. -/- Where the narrator is reliable but textual meaning transcends what is literally expressed, an implicit speaker is at play again. This narrative scenario is thus better classified as a case in which the narrator’s presence is implicit. This leaves us with the narrative scenario in which the narrator is a reliable spokesperson for the implied author. -/- The identification of the narrator with the implied author in the case last mentioned is controversial. The crucial difference between them is that the former is dramatized in the story while the latter is not. I accept that the narrator here is not happily called an implied author, though I also point out several similarities between the two. -/- Finally, I discuss four complications to my argument. The first concerns multiple points of view in a story. To accommodate this kind of narrative, Beardsley could argue that an implicit narrator is needed to explain the definite meaning concealed behind what is literally said by different characters. The second complication is about the ontological status accorded to the narrator and the implied author. It might be objected that the two reside in different fictional worlds and this is what makes their merging impossible. But it is questionable whether this is a definitional feature of the implied author; moreover, the interpreter can take the implied author to be an instrumentalist concept and hence avoid talk about the ontological status of fictional entities. The third complication claims that versions of the implied author position developed by philosophers tend to be based on a contextualist ontology of literature; however, Beardsley’s account is acontextual. This is not true, for Beardsley has exhibited contextualist leanings in his writings. Finally, it has been objected that the formalist resources Beardsley has are not enough to guarantee a single right interpretation. But if Beardsley is actually a contextualist, contextual constraints will come into play and raise the chance of getting a single right interpretation. -/- The article concludes by reflecting on the significance of the misrepresentation of anti-intentionalism: it is the intention of the actual author which anti-intentionalism is against. The position in question is actually developed in an intentionalist framework based on the implied author. (shrink)

Abstract:Here I look at sundry aspects of the current controversy about Generative AI and, in particular, the implications of this new and rapidly evolving technology for poetry, the arts, and human creativity in general. My essay looks at earlier episodes in the history of thought, from Descartes on, that I take to have prefigured this latest debate around 'the human' in relation to its various physical, 'artificial,' or (presumptively) prosthetic means of extension and refinement. I also discuss its bearing on (...) literary-critical issues concerning the formal or structural aspects of poetry, the role (if any) of authorial intent, and the extent to which criticism enters into– and might lay claim to a stake in–what counts as human creativity. A central point of reference is William Empson's 1930 book, Seven Types of Ambiguity, where these issues are raised in a strikingly prescient way through his practice of close-focused textual analysis allied to great philosophical acuity. I conclude that a priori attitudinizing, pro or con, is not much use in this context, but that poets, critics, philosophers, cognitive scientists, and AI researchers need to cooperate in the reexamination of many long-standing but now highly contestable distinctions. (shrink)

Empirical investigations use empirical methods, data and evidence. This banal observation appears to favour empiricism, especially in philosophy of science, though no rationalist ever denied their importance. Natural sciences often provide what appear to be, and are taken by scientists as, realist, causal explanations of natural phenomena. Empiricism has never been congenial to scientific realism. Bas van Fraassen’s ‘Constructive Empiricism’ purports that realist interpretations of any scientific theory in principle always transcend whatever can be justified by that theory’s empirical adequacy, (...) and that ‘explanations’ are merely pragmatic, insofar as they are context-specific to the presuppositions of whomever poses the question an explanation is to answer. Here I argue that ‘Constructive Empiricism’ rests upon a series of flawed presumptions about natural science and about epistemology. To do so I draw upon two main resources. One resource is the constraints upon specifically cognitive reference to particulars, first identified by Kant (and later by Evans). The second is William Harper’s (2011) brilliant re-analysis and defence of Newton’s Principia, which shows that, and how, Newton justified his realism about gravitational force. One surprise is that Kant’s semantics of singular cognitive reference (examined in §3) directly and strongly supports Newton’s Rule 4 of scientific method (§4), which strongly supports his realism about gravitational force (summarised in §2). A further surprise is that Hegel first recognised that this semantics of singular cognitive reference directly and strongly supports Newton’s methodological Rule 4 of experimental philosophy in ways which support Newton’s realism about gravitational force, and about distance forces generally. The textual and exegetical issues these attributions require I examine elsewhere. Here I make these important findings available to philosophers and historians of science. (shrink)

My dissertation is concerned with the misconceptions many postmodernist theorists and critics harbor about the history of western philosophy and about various branches of it, misconceptions that I contend are the source of the simplistic account of both postwar culture and literature, and eighteenth-and nineteenth-century realist fiction, that they provide. ;In the first chapter, I consider the campaign that a host of postmodernists have mounted against something they typically refer to as the "logic of either/or," alleged to structure western thought. (...) This logic they claim they try to "subvert" by recourse to something else called the "logic of both/and," which, they assert, violates the law of noncontradiction. Instantiations of the "logic of both/and" that postmodernists cite as evidence of the "contradictory," subversive nature of postmodernism include, for example, that postmodernism is both a break from and a continuation of modernism, that postmodernist fiction is both about reality and about the processes of artistic creation, and that postmodern humor is both destructive and constructive. None of these states of affairs, however, is a contradiction, much less a violation of the law of noncontradiction. What postmodernists assume is that by the terms of classical logic, postmodernism, for example, must be either a break from or a continuation of modernism--that is, they attribute to classical logicians what is considered by them to be one of the most common fallacies of presumption: the either/or fallacy, or black-and-white thinking. It is the trivial notion that A and B can both be predicated of x that underwrites, in effect, the "radical" claims made by postmodernists on behalf of the "logic of both/and." ;In the second chapter, I address the reductive accounts of both realist and postmodernist fiction that postmodernists characteristically offer. Many assume, for example, that a realist metaphysics is implicit in realist fiction, and argue that, for this reason, realist fiction is outmoded. The ground of this assumption is, among other things, a misconception about what metaphysical realism is. A belief in a "world out there" is not, as a number of postmodernists seem to think, tantamount to a belief in the truth of metaphysical realism-- the thesis, simply put, that reality is mind-independent. There is no pat, one-to-one correspondence between literary realism and metaphysical realism , and no reason--stylistic or otherwise--why a realist novel cannot express an anti-realist metaphysics--not even any reason why an eighteenth- or nineteenth-century realist novel couldn't, since metaphysical anti-realism was as alive and well then as metaphysical realism is today. The latter point is important, for postmodernists often base their assertions about the metaphysical assumptions that inform eighteenth- and nineteenth-century realist fiction not on any textual evidence, but on a priori assumptions about the metaphysical beliefs it was possible for realist fiction to reflect. This "ideas-of-the-time" approach to literary history is problematic in its own right, but it becomes even more so if one's assumptions about what were or were not the ideas of the time, are, as in this case, false. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Measurement, Pleasure, and Practical Science in Plato's Protagoras HENRY S. RICHARDSON 1. INTRODUCTION TOWARDS THE END OF THE PROTAGORAS Socrates suggests that the "salvation of our life" depends upon applying to pleasures and pains a science of measurement (metr$tik~techn~).Whether Plato intended to portray Socrates as putting forward sincerely the form of hedonism that makes these pleasures and pains relevant has been the subject of a detailed and probably interminable (...) debate, to which this paper will not directly contribute. By contrast, it seems to be supposed by almost all who have written on the topic that this hedonism, whoever is espousing it, puts forward pleasure as a single, homogeneous yardstick of value to serve as the basis of a supremely simple standard of choice. This standard simply directs one to seek the maximal amount of pleasure. The underlying supposition is that the hedonism put forward in the Protagorasallows one to define a maximum because all goods are commensurable. But, as I shall emphasize in the sequel, hedonism does not imply commensurability, nor does commensurability imply hedonism. The interpretive thesis of this essay is that the common presumption that the dialogue's hedonism carries commensurability with it has impeded our ability to understand the Protagor~'s relation to the other dialogues, and has distorted the fundamental purpose of Socrates's practical science. These matters are of more than textual interest. My reasons for trying to remain neutral as to the longstanding debate about attributing the dialogue's hedonism are not limited to wanting to avoid quagmires and remove confusions that have resulted from unwarranted interpretive assumptions. To many, the Protagorasis of tremendous importance as an early articulation of a calculative ideal for ethical or practical decisionmaking, whether or not Plato or Socrates was committed to that ideal. Looking [7] 8 JOURNAL OF THE HISTORY OF PHILOSOPHY 28:1 JANUARY x99 o back at the Protagorasfrom our twentieth-century perspective encourages the expectation that we might find there some argument for the crucial features of such a calculative ideal, as we have come to understand it. One such feature, prominent especially in the classical utilitarians, is that of the commensurability of goods, which in turn allows the precise definition of a maximizing rule. If the Protagoraspresented a calculative conception involving commensurability, then we might expect to find in the dialogue some argumentfor the rational necessity of commensurability. My claim will be that since there is no compelling evidence that the idea of commensurability is found in the dialogue, there is'hardly likely to be an argument for it there. In fact, it is of philosophical interest to see how far the arguments against weakness of will and for the unity of virtue (whoever is making them) can proceed without relying upon commensurability; This way of putting the philosophical points at issue here underlines the relative modesty of what I am claiming about commensurability. I argue that there is nothing in the dialogue that requires us to see commensurability as part of its hedonism, that the arguments proceed without relying upon commensurability, and that in some respects the problem of understanding the relationship of the Protagorasto Plato's other dialogues is eased if we refrain from attributing any commensurability here. I will show that a clearer picture of what is doing the argumentative work in the last secdon of the dialogue will result if we thus separate commensurability from hedonism, and that an illuminatingly different way of understanding the role of the science of measurement is thereby suggested. None of this amounts to a compelling argument that the idea of commensurability is not to be found in the dialogue. Rather, my case simply undermines the positive reasons for finding the idea there. Apart from the greater clarity which separating hedonism and commensurability allows, this modest negative case links up with the deeper philosophical moti,~ation I have mentioned by casting cold water on any hopes that the Protagorascould be made to yield an argument specifically linking commensurability to rationality. In one respect, my interpretive strategy is akin to that of commentators who have attempted to ease the tension between the Protagorasand the Gorgias by arguing that the form of hedonism... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Measurement, Pleasure, and Practical Science in Plato's Protagoras HENRY S. RICHARDSON 1. INTRODUCTION TOWARDS THE END OF THE PROTAGORAS Socrates suggests that the "salvation of our life" depends upon applying to pleasures and pains a science of measurement (metr$tik~techn~).Whether Plato intended to portray Socrates as putting forward sincerely the form of hedonism that makes these pleasures and pains relevant has been the subject of a detailed and probably interminable (...) debate, to which this paper will not directly contribute. By contrast, it seems to be supposed by almost all who have written on the topic that this hedonism, whoever is espousing it, puts forward pleasure as a single, homogeneous yardstick of value to serve as the basis of a supremely simple standard of choice. This standard simply directs one to seek the maximal amount of pleasure. The underlying supposition is that the hedonism put forward in the Protagorasallows one to define a maximum because all goods are commensurable. But, as I shall emphasize in the sequel, hedonism does not imply commensurability, nor does commensurability imply hedonism. The interpretive thesis of this essay is that the common presumption that the dialogue's hedonism carries commensurability with it has impeded our ability to understand the Protagor~'s relation to the other dialogues, and has distorted the fundamental purpose of Socrates's practical science. These matters are of more than textual interest. My reasons for trying to remain neutral as to the longstanding debate about attributing the dialogue's hedonism are not limited to wanting to avoid quagmires and remove confusions that have resulted from unwarranted interpretive assumptions. To many, the Protagorasis of tremendous importance as an early articulation of a calculative ideal for ethical or practical decisionmaking, whether or not Plato or Socrates was committed to that ideal. Looking [7] 8 JOURNAL OF THE HISTORY OF PHILOSOPHY 28:1 JANUARY x99 o back at the Protagorasfrom our twentieth-century perspective encourages the expectation that we might find there some argument for the crucial features of such a calculative ideal, as we have come to understand it. One such feature, prominent especially in the classical utilitarians, is that of the commensurability of goods, which in turn allows the precise definition of a maximizing rule. If the Protagoraspresented a calculative conception involving commensurability, then we might expect to find in the dialogue some argumentfor the rational necessity of commensurability. My claim will be that since there is no compelling evidence that the idea of commensurability is found in the dialogue, there is'hardly likely to be an argument for it there. In fact, it is of philosophical interest to see how far the arguments against weakness of will and for the unity of virtue (whoever is making them) can proceed without relying upon commensurability; This way of putting the philosophical points at issue here underlines the relative modesty of what I am claiming about commensurability. I argue that there is nothing in the dialogue that requires us to see commensurability as part of its hedonism, that the arguments proceed without relying upon commensurability, and that in some respects the problem of understanding the relationship of the Protagorasto Plato's other dialogues is eased if we refrain from attributing any commensurability here. I will show that a clearer picture of what is doing the argumentative work in the last secdon of the dialogue will result if we thus separate commensurability from hedonism, and that an illuminatingly different way of understanding the role of the science of measurement is thereby suggested. None of this amounts to a compelling argument that the idea of commensurability is not to be found in the dialogue. Rather, my case simply undermines the positive reasons for finding the idea there. Apart from the greater clarity which separating hedonism and commensurability allows, this modest negative case links up with the deeper philosophical moti,~ation I have mentioned by casting cold water on any hopes that the Protagorascould be made to yield an argument specifically linking commensurability to rationality. In one respect, my interpretive strategy is akin to that of commentators who have attempted to ease the tension between the Protagorasand the Gorgias by arguing that the form of hedonism... (shrink)

This article is concerned with the concept of ambiguity in argumentation. Ambiguity in linguistics lies on the coexistence of two possibly interpretations of an utterance, while the role of contextual factors and background/encyclopedic knowledge within a specific society seems to be crucial. From a systemic point of view, Halliday has proposed three main language functions (meta-functions): a) ideational function, b) interpersonal function, c) textual function. Language could reflect speaker’s experience of his external and internal world, interpersonal relationships and organization (...) of text, respectively. Lexico-grammatical choices under a micro-level perspective and context (the environment of language) may lead to inconsistent interpretations through semantic or syntactic ambiguities. In philosophy and argumentation logic, strategies of ambiguity have been investigated by Aristotle, since the first sophistic movement. In his Topics, Metaphysics and Rhetoric, has pointed out the notion of “τὸ διττῶς / διχῶς λεγόμενον”, meaning that a term can have different senses and double interpretation. In this paper we discuss how we reconstruct the meaning of an utterance in dialogue through the mechanism of interpretation and how we analyze and construe ambiguities, combining the insights of argumentation theory and text linguistics. Research results show that in case of misunderstanding, the “best interpretation” is the less defeasible one according to contextual presumptions. (shrink)

Abstract:This paper scrutinizes some of our most enduring assumptions about the genre of autobiography. More particularly, it examines the predicative links, the transitivities, which bind notions of self-life-and-writing. It comes to this exercise through a reading of Madhavikutty-Kamala Das’ Balyakala Smaranakal (Memories of a Childhood) (1987). This autobiography promises to trace the self from its incipience—only to side-step the self’s emergence and to hide this deferral in plain sight. The paper argues that Balyakala Smaranakal (BS) uses our expectations of the (...) genre and our presumptions about the writer—particularly her abiding preoccupation with self-production—as accomplices. It invites us to witness the textual densities which the child-protagonist gathers and then deploys these strategies to un-do the self’s emergence. By deferring the production of the self BS stages the autobiography as “intransitive”. This paper goes some way in examining the reasons why it becomes impossible for BS to produce a legible self; for the child-protagonist to step into the social category that it summons forth. It examines the formal as well as socio-historical conditions within which this autobiography becomes the place of self-postponement—rather than of self-presentation and self-actualization. (shrink)

“‘[C]onscience,’” Nietzsche suggests early in Essay Two of On the Genealogy of Morals, “has a long history and variety of forms behind it” (II.3). Glossing over the explicit equivocity and irony of such statements, most commentators presume that the primary ambition of GM is to reconstruct the emergence and in so doing denaturalize and denounce the reign of conscience, which is treated as equivalent to both bad conscience and slave morality. Such presumption has obscured the central claims, operations, and (...) stakes of the text, indeed of Nietzsche’s late work generally. Although they are intertwined, Nietzsche’s genealogy of conscience is textually, substantively, and strategically distinct from his genealogy of bad conscience, which in turn is involved in but distinct from his genealogy of slave morality. Textually, it is not until Essay Two, section four of On the Genealogy of Morals that Nietzsche begins to ask after the emergence and psychosocial (“physiological”) consequences of bad conscience, while the genealogy of conscience proceeds from the first essay. Substantively, the three genealogies are concerned with manifestly disparate objects. Strategically, the addressees of the three genealogies are diverse, thus are their modes of address: genealogy cannot be reduced to a uniform method. (shrink)

continent. 1.4 (2011): 242—252. Introduction The following two works were produced by visual artist Jonas Staal and writer Vincent W.J. van Gerven Oei during a visit as artists in residence at The Bag Factory, Johannesburg, South Africa during the summer of 2010. Both works were produced in situ and comprised in both cases a public intervention conceived by Staal and a textual work conceived by Van Gerven Oei. It was their aim, in both cases, to produce complementary works that (...) could be read “through each other,” in which the movement of artistic construction would be imitated by textual deconstruction and vice versa. Both works deal with the way in which capital, apartheid, and monumentality are interwoven in South-African society. The Missing Link addresses a monument for democracy, erected on the premises of a private corporation running both an amusement park and the Apartheid Museum franchise. The textual intervention accompanying this public intervention investigates the limits of the inclusiveness of the anti-discrimination section in the South-African constitution, itself a monumental work of democracy. The Monument for the Distribution of Wealth deals with the history and eventual dissolution of a monumental square, commemorating the Soweto Uprising, in one of the poorest townships of Johannesburg. The history accompanying this public dismemberment of memory is equally fragmented, which is expressed by the many voices recounting uncertain and perhaps even irrelevant “facts” about the genius loci, the way in which the memorial space has actually entered into the memory of the inhabitants surrounding it. Next to their individual practices, Staal and Van Gerven Oei have worked together on a number of projects ever since 2007, including several art residencies. Their work involves an investigation of the different interfaces between art, politics, and public space in media ranging from theater and public interventions, to video installations and (co-authored) textual works. The Missing Link Missing Link (1) Missing Link (2) Missing Link (3) Intervention on the monument entitled The Seven Pillars of the Constitution , part of the Apartheid Museum in Johannesburg, South Africa. The Seven Pillars represent the constitutional values propagated in South Africa since the abolition of the apartheid regime. The monument and museum were built by the Gold Reef Resorts corporation, which is also responsible for the theme park and casino next to it. By placing the word “capitalism” on the wall surrounding the museum, the capitalist system and the constant social divisions that it implies are interpreted as sophistic continuations of apartheid politics. Through the capitalist system, apartheid is still operational within South African society. Whereas during the apartheid regime, the separation clearly ran along race divisions, in the current, “democratic” system, the same actual separation is sustained without it being an explicit element of the foundations of the country, i.e. the constitution. This intervention foregrounds the constant role of capitalism is both periods. At the same time the intervention acknowledges that contemporary Western artisthood is a mirror of the privileges that are offered by the capitalist system, and the type of artist that it produces. The intervention initiates a critical discourse concerning the capitalist system situated within the disaster of capitalism itself, in other words: through the desire to break with the presumption that art would be able to operate outside the capitalist system and to confirm that art—and the artist himself—is in fact modeled on this system. The public intervention by Staal was supplemented by a textual intervention by Van Gerven Oei: a proposition to alter the seventeenth amendment of the South African constitution. Even though the anti-discrimination legislation in South-Africa is one of the most stringent and inclusive in the world, one factor—wealth—remains outside its scope, thus continuing the schisms along racial lines produced during the apartheid regime: §9.3. The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language, birth, and wealth. Monument for the Distribution of Wealth Intervention concerning the June 16 Memorial Acre in Central Western Jabavu, one of the poorest townships of Johannesburg. The monument comprises a park on which different are placed recalling an important protest the black population against the former apartheid regime. In 1976, from a school adjacent to the park, they started a massive protest against the introduction of Afrikaans in the school curriculum. The police reacted violently, and shot several hundreds of students. The construction of the June 16 Memorial Acre was started in 2005, and from the start was the paragon of corruption. Coordinated by local politicians, some family members of the protest leader from 1976 gained control of the realization of the monument, outside the regulation through external institutions. The available budget of 41 million rand (at that time well over 5 million euro) was largely embezzled. In the meantime, the monument has become fully dilapidated and defaced. The park has become overgrown with weeds and covered in a layer of dirt, and the local population is slowly plundering the square to use the material for the construction and decoration of their own houses. The Monument for the Distribution of Wealth develops the dynamics already existent around the June 16 Memorial Acre. Without obtaining official permission in advance, several local inhabitants were hired to break down the monument, sort the materials, and offer it to the neighborhood. Thus, the redistribution of wealth after the fall of the apartheid regime is finally taking place, albeit from the mere remains of the capital that was once invested in the community. The words “monument” and “for free” are spray-painted on the stacks of material, both in English and Zulu, as these are locally the most common languages. Van Gerven Oei supplemented Staal’s public intervention with an account of the history of the monument based on a series of interviews. The account clarifies how the different interests within the protest 1976 are reflected in the exceeding decay of the park, and how in the end those interests were represented by the June 16 Memorial Acre. Monument for the Distribution of Wealth 1: Removing stones Monument for the Distribution of Wealth 3: Pulling down statues Monument for the Distribution of Wealth 4: Offering the material Monument for the Distribution of Wealth 5: Offering the material Monument for the Distribution of Wealth 6 The next day A Fragmentary History of the Monument for the Distribution of Wealth, Formerly Known as the June 16 Memorial Acre in Central Western Jabavu, Soweto Vincent W.J. van Gerven Oei The following text, based on interviews and online research aims to provide parts of a history of the park in front of Morris Isaacson High School in Central Western Jabavu, Soweto. The idea for the transformation of the park into a memorial site has its source in the events of June 16, 1976: the start of the the student uprising in Soweto. The development of the park was started in the early 1980s, and the actual transformation into a memorial site, the June 16 Memorial Acre, was initiated in 2005. Over the last few years, several monumental additions have been made to the park: A marble monument with three pillars was revealed on June 16, 2006. A sculpture of a book and several billboards on June 16, 2008. A sculpture of student leader Tsietsi Mashinini on June 16, 2010. The park was transformed into the Monument for the Distribution of Wealth on August 3, 2010. According to the entry “Youth Struggle” on the website South African History Online, the Bantu Education Act was introduced in 1953 . In 1954 , Dr Verwoerd, Minister of Native Affairs, stated: “What is the use of teaching the Bantu child mathematics when it cannot use it in practice? That is quite absurd.” According to the entry “Soweto uprising” on Wikipedia, the Afrikaans Medium Decree was issued in 1974 , forcing all black schools to use Afrikaans and English in a 50-50 mix as languages of instruction. The Regional Director of Bantu Education (Northern Transvaal Region), J.G. Erasmus, told Circuit Inspectors and Principals of Schools that from January 1, 1975 , Afrikaans had to be used for mathematics, arithmetic, and social studies from standard five (7th grade). English would be the medium for general science and practical subjects. Indigenous languages would be used for religion instruction, music, and physical culture. According the entry “Soweto uprising” on Wikipedia, on April 30, 1976 , students from the Orlando West Junior School in Soweto went on strike, refusing to go to school. Their example was followed by other schools in Soweto. A student from Morris Isaacson High School, Toboho “Tsietsi” Mashinini, proposed a meeting on June 13, 1976 to discuss further action. According to Weizmann Hamilton’s article “The Soweto Uprising 1976,” which appeared in the September 1986 edition of Inqaba Ya Basebenzi (Fortress of the Revolution), on June 13, 1976 , the South African Students’ Movement called a meeting at the Donaldson Community Center in Orlando. 300-400 Students representing 55 schools decided to hold a mass demonstration on June 16. According to Brian Mokhele, member of the Joint Community Safety Forum, Dr Edelstein was the first victim of the Soweto uprising and killed the day before the march on June 15, 1976 . Edelstein was an administrator at the pass office in Jabavu and gave golf courses to the local community. Edelstein was put in a garbage bin and pierced by pickaxes. The garbage bin was left at the very spot of the murder for many years. A few years ago, a child was beheaded at the same spot, and the basketball court next to it has been abandoned since. According to Marcus Neustetter, founder of the Trinity Session, this story is untrue. According the entry “Soweto uprising” on Wikipedia, on June 16 , Tsietsi Mashinini led students from Morris Isaacson High School to join up with others who walked from Naledi High School. A crowd of between 3,000 and 10,000 eventually ended up near Orlando High School. According to Raymond Marlowe, a local photographer, Tsietsi Mashinini was heading the march. According to the entry “Hector Pieterson” on Wikipedia, Dr Edelstein died on June 16, 1976 , stoned to death by mob and left with a sign around his neck proclaiming “Beware Afrikaaners.” The first child to die that day was called Hastings Ndlovu. According to Pat Motsiri, Orlando West is claiming struggle heritage through the Hector Pieterson Museum, while Hector Pieterson was from Jabavu. According to Pat Motsiri, his generation effectively struggled between 1980 and 1991, forcing the release of Nelson Mandela and negotiations with the apartheid regime while the 1976-generation was safely in exile. Nevertheless, this has not been recognized in any monument. After the abolition of apartheid, the generation from 1976 returned from exile, occupied important government and ANC positions, creating an abundance of 1976 memorials and refusing to acknowledge that this was only possible because of the younger generation’s struggle. He calls this a generational conflict. According to Archibald Dlamini, the park officer responsible for the Memorial Acre, he started working for the municipality in 1978. In 1981/82 , Isaac Makhele from Pimville, who used to work in the cemetery business, was the first developer of the park. It used to be just a normal park until City Parks decided to develop the Memorial Acre in 2006. In 2007 the work was stopped by the community. According to Brian Mokhele, he left the country in 1989 after he participated in the riots of 1986. But when he returned in 1999 he found that nothing had changed. He says that they were promised to be protected by the Constitution, but that reality is different. The police uses fear to suppress them so that they don’t come out to talk openly. He has been arrested twice, both times harassed and tortured by the police, but in the end always released without indictment. He says that this is their way to threaten communities to back off from politics. According to Moses, who is sitting outside rolling a joint, Brian knows everything. He tells Brian to tell me everything he knows. According to Brian Mokhele, Tsietsi Mashinini was possibly murdered in 1990 during his exile in New York. Two weeks before he was supposed to return to South Africa, his papers in order, he was found dead under mysterious circumstances. His coffin was sealed when he was buried. According to Pat Motsiri, he came up with the idea for the Memorial Acre in 2003 . He submitted the documents for the proposal to the council, which sidelined him as soon as the budget came out in 2005 . According to Brian Mokhele, there was on estimation R 41,000,000 spent to redesign the park and turn it into the Memorial Acre. The millions were divided by Amos Masondo, the mayor of Soweto, the local councilor Bongani D. Zondi, and the director of the city of Johannesburg, Pat Lephunya. They were dividing the money between several contractors: Tsietsi Mashinini’s brothers were involved in the development of the park, they got the tender to do the green areas, the landscaping. Construction was done by other companies, some did the paving, the toilets, etc. EMBA, a private company appointed by the municipality was in control of the money flow, but the money was quickly gone. According to Raymond Marlowe, the contractor bought a BMW with the money. According to Archibald Dlamini, the Mashinini brothers got the tender, so the space would look more like the other places around in Soweto. It was agreed that after they were done, they would return the property to the municipality. They did whatever they could do. According to Mafaisa, a member of the Jabavu business community, he was one of the contractors for the landscaping and the pavement under Mpho Mashinini, one of the brothers. He says that I should contact Mavi for information on Mpho. According to Poi Stuurman, a local youth worker, Mafaisa is one of the guys who ran away with the money. According to Mavi, Mpho Mashinini was never a contractor. The contracts were organized by Sbu Butelezi, the former head of the Gauteng Department for Public Works. The June 16 Foundation and the Mashinini brothers will be the beneficiaries of the park when it is finished. According to Brian Mokhele, City Parks did not accept the Memorial Acre because it was not finished. The rest of the year, the unfinished park is not maintained, as should have happened. This was done deliberately so that in the end they can just clean the whole thing up and have a reason to redo the whole park. According to Brian Mokhele, the Mashinini brothers now work for the government. People that manipulate for money purposes always come from the government’s side. Because the park was left unfinished, the people from the neighborhood are taking away the stones to decorate their own homes with. According to Archibald Dlamini, because City Parks doesn’t accept responsibility of the park, he officially has nothing the guard, except for his cottage, which is municipal property. The thieves come at night and destroy the park, but he cannot do anything because he is sleeping. According to the website of the Thanda Foundation on June 16, 2006 a bronze statue of Hector Pieterson, the first child to die in the 1976 protests, made by Kobus Hattingh and Jacob Maponyane was unveiled in the Maponya Mall in Soweto. The statue is sculpted after the famous image shot by Sam Nzima of Mbuyisa Makhubo carrying the dead body of the boy. The sculpture was sponsored by the Thanda Foundation, founded by the Swedish entrepreneur Dan Olofsson and South-African entrepreneur Matthews Phosa. According to the official website of the City of Johannesburg, the Memorial Acre and Artwork were unveiled in 2006. According to a blog post on sowetouprisings.com, the Memorial Acre was still under development on July 24, 2006. According to Archibald Dlamini, City Parks only cleans up the park once a year just before the June 16 celebrations. Everybody is waiting for the Mashinini brothers to finish their job. The last time he talked with them was in 2007 . According to a sign on the school grounds of the Morris Isaacson High School, the June 16 Trail will be finished in 2008 . According to a blog post on sowetouprisings.com, the Memorial Acre contains another monument erected in Tsietsi’s honor. The monument was created as part of the Sunday Times Heritage Public Art program. Its physical form resembles a giant book which symbolizes the crisis in education experienced in 1976. On the face of the book is the map of the route taken by the students from Morris Isaacson High School in Central Western Jabavu to Phefeni Junior Secondary in Orlando West (currently the site of the Hector Pieterson Museum), while the back cover of the ‘book’ is inscribed with a tribute to Tsietsi Mashinini. The monument was revealed on June 16, 2008 . According to Marcus Neustetter, the billboards on the Memorial Acre were part of a school project realized in 2008. Following several workshops, the students from different high schools along the June 16 Trail were invited to work with artists on the billboards, while the neighborhood community was invited to watch the process during the festivities on June 15 and 16, 2008 . The billboards were supposed to be removed because of construction works on the Memorial Acre, which never ended up happening. According to Brian Mokhele, the former toilet facilities were converted into a house for the park officer. This park officer has been working for city parks for more than 12-15 years, but does nothing here, because the park, including the new toilet buildings, is not finished. The government is now moving around looking for people to take this job because they stopped it. They confronted everybody who was going in and chased them away. According to John, in 2009 , some girls, around 16 or 17 years old, were raped by four men who had been drinking in a local shebeen. When the bar quit they said that they would go home by car, but instead raped the girls on the Memorial Acre nearby. This happened in the unfinished toilets, because the doors couldn’t be closed. According to Brian Mokhele, there used to be some fences around the park because of the construction work that was eventually stopped, but these were also stolen. According to Archibald Dlamini, people from the neighborhood started about two and a half years ago, and the last piece was stolen near the end of 2009 . Sometimes he would catch someone with a roll of fence, and then use it for his own cottage. According to the official website of the City of Johannesburg, a statue of Tsietsi Mashinini by Johannes Pokhela was revealed on June 16, 2010 , “Youth Day.” According to Shirley Makutoane, deputy principal of Isaac Morrison High School, the statue of Tsietsi Mashinini, funded by the June 16 Foundation, has temporarily been placed within the school perimeter. The statue will be moved to the Memorial Acre when it will be finished, in 2011 . According to Brian Mokhele, beside the June 16 Foundation, there is also a June 16 Memorial Acre Foundation. Both foundations are quarreling about the money involved in the Memorial Acre project. Nobody knows who’s involved in them. According to Marcus Neustetter, the June 16 Foundation consists of people that were part of 1976 protest movement, local government officials, representatives of the Hector Pieterson Museum, and the council. According to students from the Isaac Morrison High School, the statue of Tsietsi Mashinini is on the school ground because on the Memorial Acre it would be vandalized by youths from White City, an adjacent neighborhood. Accorcing to Brian Mokhele, the statue of Tsietsi should eventually be mounted on the Memorial Acre. It is wrong that the statue is in the school at the moment, because it is not a public school. He wants the statues to depict the massiveness of the force that was coming into Soweto after the protests. According to Brian Mokhele, City Parks, City of Jo’burg, City Lights, and SAPS are making some sort of plan to take the plan back. They want to remove the trees from the Memorial Acre, and redesign the Memorial Acre into a relaxing park, without political content. They want to depoliticize the square. In doing so,they will have their own employment and not use local workforces. According to Brian Mokhele, the community wants to remove the monuments, amphitheater, and sculptures from the Memorial Acre because they do not resemble anything. The sculptures should be depicting the truth of what happened, because the Memorial Acre is a political heritage site. He wants to involve the people that actually participated in the struggle to make the monument so that everyone can enjoy it and get a better understanding of the struggle heritage. Therefore, he proposes collective ideology in which everyone has a say. This would prevent future vandalization of the monument. According to Pat Motsiri, the sculptures must depict the event around June 16, 1976. Like the story of Dr Edelstein, who was pierced by pickaxes, forced into a garbage bin and burned alive. According to Jonas Staal, the Memorial Acre should be destroyed, its elements stacked on pallets, thus forming the Monument for the Distribution of Wealth . According to Mafaisa, his men can do the work quickly. He has about twenty men working under him. (shrink)

When we speak, we mean more than we say. In this book Stephen C. Levinson explains some general processes that underlie presumptions in communication.

Within contemporary metaethics, it is widely held that there is a “presumption of realism” in moral thought and discourse. Anti-realist views, like error theory and expressivism, may have certain theoretical considerations speaking in their favor, but our pretheoretical stance with respect to morality clearly favors objectivist metaethical views. This article argues against this widely held view. It does so by drawing from recent discussions about so-called “subjective attitude verbs” in linguistics and philosophy of language. Unlike pretheoretically objective predicates (e.g., (...) “is made of wood”, “is 185 cm tall”), moral predicates embed felicitously under subjective attitude verbs like the English “find”. Moreover, it is argued that the widespread notion that moral discourse bears all the marks of fact-stating discourse is rooted in a blinkered focus on examples from English. Cross-linguistic considerations suggest that subjective attitude verbs are actually the default terms by which we ascribe moral views to people. Impressions to the contrary in English have to do with some unfortunate quirks of the term “think”. (shrink)

Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption (...) and the Practices of Tentative Cognition, Nicholas Rescher endeavors to show that the process of presumption plays a role of virtually indispensable utility in matters of rational inquiry and communication. The origins of presumption may lie in law, but its importance is reinforced by its service to the theory of information management and philosophy. (shrink)

This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper (...) is based on a broadly Gricean account of speech acts. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially (...) generated modal qualifier, “presumably, p,” distinguishing it from other, particularly epistemic modalities, e.g., standing commitments, assumptions, assertions, suppositions, hypotheses, and defeasible claims. By avoiding the tranching of inferential instruments of qualitatively different bona fides and risk profiles, this account provides a more accurate risk-rating system that better manages epistemic risk in inference, as well as contributing to the normative theory of the operation of presumption in reasoning and argument. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for (...) the truth of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in (...) inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists. (shrink)

The aim of this paper is to explore the viability of accounting for presumptions as a subtype of verdictives, within the framework of the Austinian approach to speech acts. The available set of felicity conditions is examined and worked out, in order to try and account in particular for a main feature of presumptions, namely, their function in shifting the burden of proof. In order to extend the Austinian framework as required, the notion of pragmatic presupposition accommodation is shown to (...) be a useful device. (shrink)

On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...) As a result, they require qualifications. (shrink)

The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to (...) the formation of the US. Constitution, has two important implications. First, due process provides a general guarantee of liberty against punishment or imprisonment without a fair trial. Second, due process requires that a jury, as opposed to a judge, determine the factual guilt of a defendant at trial. These two key tenets were historically fundamental to due process and should guide how the presumption of innocence impacts various stages of trial, including pretrial detention decisions and sentencing. Returning to a historical understanding of due process requires that judges not determine facts or punish individuals before a trial has occurred. (shrink)

Presumption of Equality requires that individuals be treated equally in the absence of relevant information that would discriminate between them. Our objective is to make this principle more precise, if viewed as a principle of fairness, and to determine why and under what conditions it should be obeyed. Presumption norms are procedural constraints, but their justification can be sought in the possible or expected outcomes of the procedures they regulate. This is the avenue pursued here. The suggestion is (...) that in the absence of information that would discriminate between the individuals, equal treatment minimizes the expected unfairness of the outcome. A related suggestion is that equal treatment under these circumstances also minimizes the maximal possible unfairness of the outcome. Whether these suggestions are correct or not depends on the properties of the underlying unfairness measure. The required properties are specified. The essay also considers the normative status of equal lotteries on unequal treatments. (shrink)

Presumption of Equality requires that individuals be treated equally in the absence of relevant information that would discriminate between them. Our objective is to make this principle more precise, if viewed as a principle of fairness, and to determine why and under what conditions it should be obeyed. Presumption norms are procedural constraints, but their justification can be sought in the possible or expected outcomes of the procedures they regulate. This is the avenue pursued here. The suggestion is (...) that in the absence of information that would discriminate between the individuals, equal treatment minimizes the expected unfairness of the outcome. A related suggestion is that equal treatment under these circumstances also minimizes the maximal possible unfairness of the outcome. Whether these suggestions are correct or not depends on the properties of the underlying unfairness measure. The required properties are specified. The essay also considers the normative status of equal lotteries on unequal treatments. (shrink)

By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely (...) connected. There are three main reasons. First, the argument from ignorance, unlike typical presumptive reasoning, is a negative kind of inference. Second, the typical initial presumption is sensitive to a broader set of defeaters and thus assumes a higher standard of acceptability. Third, in dialectical terms, initial presumption and argument from ignorance bring different attacking rights and obligations. I conclude that Waltonian intuition is unsupported or, at best, is limited only to practical presumptions and practical arguments from ignorance. (shrink)

I argue for the distinction between presuming that p and maintaining that presumably p. In order to make sense of this distinction, I defend a non-inferentialist conception of presumptions and offer an account of the correctness conditions for both presumptions and presumptive inferences. I characterize presumptions as a type of constative speech-act having certain semantic correctness conditions. In turn, regarding presumptive inferences, my strategy is to provide the correctness conditions for the use of an epistemic modal such as “presumably.” This (...) epistemic modal is characterized as a force indicator for speech-acts of concluding in complex speech-acts of arguing involving presumptive inferences. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general (...) philosophical morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

in Undetermined Presumption of Equality enjoins that individuals be treated equally in the absence of discriminating information. My objective in this paper is to make this principle more precise, viewing it as a norm of fairness, in order to determine why and under what conditions it should be obeyed. Presumption norms are procedural constraints, but their justification might come from the expected outcomes of the procedures they regulate. This outcome-oriented approach to fairness is pursued in the paper. The (...) suggestion is that in the absence of information that would discriminate between the individuals, equal treatment minimizes the expected unfairness in the outcome. Another suggestion is that, under these circumstances, equal treatment also minimizes maximal possible unfairness, i.e., it is minimally unfair if ‘worst comes to worst’. Whether these suggestions are correct depends on the properties of the underlying unfairness measure. (shrink)

in Undetermined Presumption of Equality enjoins that individuals be treated equally in the absence of discriminating information. My objective in this paper is to make this principle more precise, viewing it as a norm of fairness, in order to determine why and under what conditions it should be obeyed. Presumption norms are procedural constraints, but their justification might come from the expected outcomes of the procedures they regulate. This outcome-oriented approach to fairness is pursued in the paper. The (...) suggestion is that in the absence of information that would discriminate between the individuals, equal treatment minimizes the expected unfairness in the outcome. Another suggestion is that, under these circumstances, equal treatment also minimizes maximal possible unfairness, i.e., it is minimally unfair if ‘worst comes to worst’. Whether these suggestions are correct depends on the properties of the underlying unfairness measure. (shrink)

In earlier work on limitarianism, I argued that setting an upper limit to the amount of wealth that people can permissibly have is justified when decision-makers are unaware of or disagree about the appropriate distributive criterion or if they are unaware of people’s relevant features (or both). Robert Huseby has raised several powerful objections to this presumptive argument for limitarianism. Some of these objections call for a revision of my defence of presumptive limitarianism while others call for clarification, both of (...) which I aim to do in this chapter. I will argue that unless decision-makers have substantive reasons to suggest otherwise, they must act as if there is an upper limit to the amount of wealth that people can permissibly have. (shrink)

Current practice in logic increasingly accords recognition to abductive, presumptive or plausible arguments, in addition to deductive and inductive arguments. But there is uncertainty about what these terms exactly mean, what the differences between them are (if any), and how they relate. By examining some analyses ofthese terms and some of the history of the subject (including the views of Peirce and Cameades), this paper sets out considerations leading to a set of definitions, discusses the relationship of these three forms (...) of argument to argumentation schemes and sets out a new argumentation scheme for abductive argument. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

My topic is Alvin Plantinga’s ’solution’ to one of the many forms that the problem of evil takes: the modal abstract form. This form of the problem is abstract in that it does not deal with the amounts or kinds of evil which exist, but only with the fact that there is some evil or other. And it is modal in that it concerns the compossibility of the following propositions, not any evidential relation between them: God is omnipotent, omniscient, and (...) wholly goodand There is evil in the world. (shrink)

In the first part of this paper I consider the Gricean account of communication, as structured by the Cooperative Principle and the four maxims. Several authors, including Jean Goodwin [10], Fred Kauffeld [17], Michael Gilbert [7], Ernie Lepore and Mathew Stone [22], among others, argue that the Gricean view of communication fails in as much as it pretends to offer an account of all such human interactions. As Goodwin and Kauffeld suggest, a more promising starting point is to consider the (...) variety of contextually determined presumptions that we make about speakers and that we rely upon in interpreting utterances. These presumptions are established in various ways, and are dropped, or defeated, in certain conditions. In order to clarify these aspects we need to inquiry into the nature of presumptions. I argue that Kauffeld’s [18], [19], [20] account of presumptions is useful in this context. In the second part of the paper I look at what this account tells us about how, and in what conditions, presumptions in communication are rebutted. (shrink)