Kant maintains that retribution is the only morally sound justification for criminal punishment. He claims that all just criminal punishment must conform to the “principle of equality,” an inflexible juridical rule which takes the form of a categorical imperative. Focusing on his further claim that the principle of equality establishes that capital punishment is the only suitable punishment for murder, I question Kant’s contention that the principle of equality is a categorical imperative. Following two lines of inquiry drawing upon the (...) nature of a categorical imperative, I suggest that the principle of equality is a principle conditioned by experience, a hypothetical imperative which Kant only shows to be consistent with, not necessarily mandated by, the idea of a just civil state. (shrink)

Kant maintains that retribution is the only morally sound justification for criminal punishment. He claims that all just criminal punishment must conform to the “principle of equality,” an inflexible juridical rule which takes the form of a categorical imperative. Focusing on his further claim that the principle of equality establishes that capital punishment is the only suitable punishment for murder, I question Kant’s contention that the principle of equality is a categorical imperative. Following two lines of inquiry drawing upon the (...) nature of a categorical imperative, I suggest that the principle of equality is a principle conditioned by experience, a hypothetical imperative which Kant only shows to be consistent with, not necessarily mandated by, the idea of a just civil state. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes into (...) account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication. (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (shrink)

In this volume, Douglas Yoder uses the tools of modern and postmodern philosophy and biblical criticism to elucidate the epistemology of the Tanakh, the collection of writings that comprise the Hebrew Bible. Despite the conceptual sophistication of the Tanakh, its epistemology has been overlooked in both religious and secular hermeneutics. The concept of revelation, the genre of apocalypse, and critiques of ideology and theory are all found within or derive from epistemic texts of the Tanakh. Yoder examines how philosophers (...) such as Spinoza, Hume, and Kant interacted with such matters. He also explores how the motifs of writing, reading, interpretation, image, and animals, topics that figure prominently in the work of Derrida, Foucault, and Nietzsche, appear also in the Tanakh. An understanding of Tanakh epistemology, he concludes, can lead to new appraisals of religious and secular life throughout the modern world. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...) such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

On September 1, 2023, Texas made important revisions to it its decades‐old statute granting legal safe harbor immunity to physicians who withhold or withdraw life‐sustaining treatment over the objection of critically ill patients’ surrogate decision‐makers. However, lawmakers left untouched glaring flaws in a key safeguard for patients—the transfer option. The transfer option is ethically important because, when no hospital is willing to accept the patient in transfer, that fact is taken as strong evidence that the surrogates’ treatment requests fall outside (...) accepted medical practice. But there are serious shortcomings in how the transfer option is carried out in Texas and many other states, which undermines the ethical usefulness of the process. We identify these shortcomings and recommend revisions to state statutes and professional guidelines to overcome them. (shrink)

Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to identifying, analyzing, and evaluating the pro and con arguments put forward by both sides in a trial. In this chapter, it is shown how to apply argumentation (...) schemes, such as argument from witness testimony, using argument diagrams applied to typical sequences of evidence-based legal reasoning in which there is a successive refinement of arguments displayed as the evidence comes into a case. It is shown how argument from applying rules to cases, teleological, argument from expert witness testimony, and abductive reasoning are centrally important for this purpose. (shrink)

Jonathan Dancy works within almost all fields of philosophy but is best known as the leading proponent of moral particularism. Particularism challenges “traditional” moral theories, such as Contractualism, Kantianism and Utilitarianism, in that it denies that moral thought and judgement relies upon, or is made possible by, a set of more or less well-defined, hierarchical principles. During the summer of 2006, the Philosophy Departments of Lund University (Sweden) and the University of Reading (England) began a series of exchanges to take (...) place every other year, alternating between the departments. Andreas Lind and Johan Brännmark arranged to meet Dancy during the first meeting in Lund to talk about questions regarding particularism, moral theory and the shape of the analytical tradition. The major part of the conversation is printed below. (shrink)

This commentary focuses on the role played by constructions of women's violence in the maintenance of male control over women. While actual women's violence tends to be denied, pathologized or minimized, cultural constructions (particularly in the media) of women's violence tend to demonize it. Both of these androcentric cultural processes fail to illuminate the actual sources of the gender gap in violent behavior and instead tend to normalize male aggression and to cultivate female passivity.

Few studies of gangs have explored both ethnic and gender variations in the experience of gang membership. Based on an analysis of interviews with 48 youth from a number of ethnic gangs in Hawaii, this article explores boys' and girls' reasons for joining gangs. The results suggest that although gang members face common problems, they deal with these in ways that are uniquely informed by gender and ethnicity. The interviews also confirm that extensive concern about violent criminal activities in boys' (...) gangs has distracted researchers from exploring the wide range of activities and experiences gangs provide their members. Girls and boys growing up in poor and violent neighborhoods turn to the gangs for many reasons, and the gangs themselves take on a variety of forms in response to the diverse challenges facing their members. Most important, the interviews reveal that girls and boys, even those in the same ethnic groups, inhabit worlds that are heavily influenced by gender. As a result, male and female gangs tend to provide different sets of experiences, skill, and opportunities to their members. (shrink)

The relative merits and demerits of historically prominent views such as the correspondence theory, coherentism, pragmatism, verificationism, and instrumentalism have been subject to much attention in the truth literature and have fueled the long-lived debate over which of these views is the most plausible one. While diverging in their specific philosophical commitments, adherents of these historically prominent views agree in at least one fundamental respect. They are all alethic monists. They all endorse the thesis that there is only one property (...) in virtue of which propositions can be true, and so, in this sense, take truth to be one. The truth pluralist, on the other hand, rejects this idea. There are several properties in virtue of which propositions can be true. The literature on truth pluralism has been growing steadily for the past twenty years. This volume, however, is the first of its kind—the first collection of papers focused specifically on pluralism about truth. Part I is dedicated to the development, investigation, and critical discussion of different forms of pluralism. An additional reason to look at truth pluralism with interest is the significant connections it bears to other debates in the truth literature—the debates concerning traditional theories of truth and the deflationism/inflationism divide being cases in hand. Parts II and III of the volume connect truth pluralism to these two debates. (shrink)

A growing interest in and concern about the adequacy and fairness of modern peer-review practices in publication and funding are apparent across a wide range of scientific disciplines. Although questions about reliability, accountability, reviewer bias, and competence have been raised, there has been very little direct research on these variables.The present investigation was an attempt to study the peer-review process directly, in the natural setting of actual journal referee evaluations of submitted manuscripts. As test materials we selected 12 already published (...) research articles by investigators from prestigious and highly productive American psychology departments, one article from each of 12 highly regarded and widely read American psychology journals with high rejection rates (80%) and nonblind refereeing practices.With fictitious names and institutions substituted for the original ones (e.g., Tri-Valley Center for Human Potential), the altered manuscripts were formally resubmitted to the journals that had originally refereed and published them 18 to 32 months earlier. Of the sample of 38 editors and reviewers, only three (8%) detected the resubmissions. This result allowed nine of the 12 articles to continue through the review process to receive an actual evaluation: eight of the nine were rejected. Sixteen of the 18 referees (89%) recommended against publication and the editors concurred. The grounds for rejection were in many cases described as “serious methodological flaws.” A number of possible interpretations of these data are reviewed and evaluated. (shrink)

First published in 1984, Cultural Analysis is a systematic examination of the theories of culture contained in the writings of four contemporary social theorists: Peter L. Berger, Mary Douglas, Michel Foucault, and Jürgen Habermas. This study of their work clarifies their contributions to the analysis of culture and shows the converging assumptions that the authors believe are laying the foundation for a new approach to the study of culture. The focus is specifically on culture, a concept that remains subject (...) to ambiguities of treatment, and concentrates on questions concerning the definition and content of culture, its construction, its relations with social conditions, and the manner in which it may be changing. The books demonstrates how these writers have made strides towards defining culture as an objective element of social interaction which can be subjected to critical investigation. (shrink)

Theoretical works in economics usually have a core consisting of proofs that a “model-economy” has certain properties. The economist constructs a model that can be looked on as a description of an economy, and then proves that certain relations hold in this economy and/or that certain relations in this economy depend on certain specific characteristics. The model-economy is usually described as simplified or idealized.

Commonsense Consequentialism is a book about morality, rationality, and the interconnections between the two. In it, Douglas W. Portmore defends a version of consequentialism that both comports with our commonsense moral intuitions and shares with other consequentialist theories the same compelling teleological conception of practical reasons. Broadly construed, consequentialism is the view that an act's deontic status is determined by how its outcome ranks relative to those of the available alternatives on some evaluative ranking. Portmore argues that outcomes should (...) be ranked, not according to their impersonal value, but according to how much reason the relevant agent has to desire that each outcome obtains and that, when outcomes are ranked in this way, we arrive at a version of consequentialism that can better account for our commonsense moral intuitions than even many forms of deontology can. What's more, Portmore argues that we should accept this version of consequentialism, because we should accept both that an agent can be morally required to do only what she has most reason to do and that what she has most reason to do is to perform the act that would produce the outcome that she has most reason to want to obtain.Although the primary aim of the book is to defend a particular moral theory, Portmore defends this theory as part of a coherent whole concerning our commonsense views about the nature and substance of both morality and rationality. Thus, it will be of interest not only to those working on consequentialism and other areas of normative ethics, but also to those working in metaethics. Beyond offering an account of morality, Portmore offers accounts of practical reasons, practical rationality, and the objective/subjective obligation distinction. (shrink)

Human Biological Materials are an invaluable resource in biomedical research. Objective To determine if researchers and a Research Ethics Committee at a South African institution addressed ethical issues pertaining to HBMs in collaborative research with developed countries. Study Design Ethically approved retrospective cross-sectional descriptive audit. Results Of the 1305 protocols audited, 151 fulfilled the study's inclusion criteria. Compared to other developed countries, a majority of sponsors were from the USA . The principle investigators in all 151 protocols informed the REC (...) of their intent to store HBMs. Only 132 protocols informed research participants . In 148 protocols informed consent was obtained from research participants, 116 protocols solicited broad consent compared to specific consent [p < 0.0001]. In 105 cases a code was used to maintain confidentiality. HBMs were anonymised in 14 protocols [p < 0.0001]. More protocols informed the REC than the research participants that HBMs would be exported . Export permits and Material Transfer Agreements were not available in 109 and 143 protocols, respectively. Conclusions Researchers and the REC did not adequately address the inter-related ethical and regulatory issues pertaining to HBMs. There was a lack of congruence between the ethical guidelines of developed countries and their actions which are central to the access to HBMs in collaborative research. HBMs may be leaving South Africa without EPs and MTAs during the process of international collaborative research. (shrink)

ABSTRACT In this wide-ranging interview Professor Douglas V. Porpora discusses a number of issues. First, how he became a Critical Realist through his early work on the concept of structure. Second, drawing on his Reconstructing Sociology, his take on the current state of American sociology. This leads to discussion of the broader range of his work as part of Margaret Archer’s various Centre for Social Ontology projects, and on moral-macro reasoning and the concept of truth in political discourse.

In this paper I argue that composer John Cage’s so-called ‘silent piece’, 4’33”, is music. I first defend it against the charge that it does not involve the organization of sound, which has been taken to be a necessary feature of music. I then argue that 4’33” satisfies the only other condition that must be met for it to be music: it bears the right socio-historical connections to its predecessors within its tradition (Western art music). I argue further that one (...) cannot understand the organized sound condition and the socio-historical condition separately and that understanding their interaction has theoretical benefits—not least of which is providing a groundwork for a more culturally inclusive philosophy of music. Finally, I consider a number of outstanding questions concerning the content of the organized sound condition for Western art music in the wake of 4’33”. (shrink)

Here is a well-known thought about truth: Truth consists in correspondence with reality. A sentence is true just in case what it says corresponds with how the world is. Theories of truth that incorporate this thought are naturally regarded as robust or “heavyweight”. Truth is to be understood in a realist fashion. The world decides what is true and what is not. A recent incarnation of the correspondence view is found in truth-maker theories, whose adherents maintain that truths are true (...) in virtue of there being something – a truth-maker – in the world that makes them so.2. (shrink)

The idea of basic action is a fixed point in the contemporary investigation of the nature of action. And while there are arguments aimed at putting the idea in place, it is meant to be closer to a gift of common sense than to a hard-won achievement of philosophical reflection. It first appears at the stage of innocuous description and before the announcement of philosophical positions. And yet, as any decent magician knows, the real work so often gets done in (...) the set-up. I argue that the seemingly innocent idea of basic action is, in fact, bound up with a wide-spread conception of the nature of bodily or physical action (section 3). Its legitimacy is vital to the intelligibility of the causal theory of action, according to which physical action consists of a mere event and a condition of mind joined (in the right way) by the bond of causality. Left unchecked, means-end reason threatens to permeate physical action, and thus threatens the sovereignty of the sphere of material events at the center of the causal theory: such events, including the movements of one’s body when one intentionally moves it, are thought to be constitutively independent of the subject’s rational capacities. Basic action is a necessary countermeasure, a sort of metaphysical containment wall needed to preserve the separate jurisdictions of the mind of the acting subject and what merely happens. I argue that so long as action theory proceeds under the assumption that there must be basic action, it must regard our relation to the progress of our own deeds as not different in principle from Marx’s understanding of the relation of the non-worker (Nichtarbeiter) to the material processes that realize his own ideas, namely the work done on the factory floor. Each is alienated from the progress, or getting done, of his deeds. In each the process of doing something intentionally turns out to be a case of delegating tasks to another power. How the process comes to completion is not willed, and at best watched: the causal work is not the agent’s work, his knowledge not self-knowledge (section 5). We should find this unacceptable. And if this is right, it should be a pressing question whether there must be basic action. I argue that we have no good reason to think so: basic action is not forced on us by argument (sections 2 and 4). It is open to us to consider an alternative, one on which action is not, in the fundamental case, barren of means- end structure, but instead permeated by it: we register as a force in nature not at the limit of the means-end order but precisely in its constitution. [from article introduction]. (shrink)

How should we teach controversial issues? And which issues should we teach as controversies? In this paper, I argue that educators should heed what I call a ‘psychological condition’ in their practical efforts to address these questions. In defending this claim, I engage with the various decision criteria that have been advanced in the controversial issues literature: the epistemic criterion, behavioral criterion, political criterion and politically authentic criterion. My argument is that the supporters of these various criteria have focused too (...) closely on the socio-political and epistemic qualities of controversial issues in deriving their controversial issues pedagogies and have thereby overlooked the necessary subjective conditions for teaching controversial issues. If our pedagogical efforts to cultivate students’ reason by means of controversial issues are to be successful, then we must understand controversy as fundamentally a psychological phenomenon consisting in an intellectual tension in the minds of students. In the final pages, I conclude by recommending several forms of directive teaching that promise to be instrumental for creating such intellectual tension. (shrink)

In this article, rewilding’s orientation towards the past is discussed. A response is given to the criticisms that condemn rewilding for its retrospectivity, either as nostalgically clinging to the past or escaping history. Instead, it is shown how rewilding can embrace nostalgia as part of a critical, (counter-)cultural vision aimed at the transformation of modern culture. Its main goal can be seen as threefold: first, it is aimed at providing a more nuanced assessment of rewilding’s contested stance towards the past (...) (and thereby, the future) through the lens of nostalgia. Second, it is demonstrated how, seen through this lens, cultural and ecological aspects of rewilding appear inextricably intertwined. Third, the concepts of ‘cultural rewilding’ and ‘recovery’ are introduced as valuable notions within rewilding. In sum, an appeal is provided for rewilders to embrace the past by dedicating attention towards cultural heritage, history, memory, and tradition. (shrink)

ABSTRACT:This article reviews four key orientations in environmental ethics that range from an instrumental understanding of sustainability to one that acknowledges the intrinsic value of sustainable behavior. It then shows that the current scholarly discourse around corporate sustainability management—as reflected in environment management, corporate social responsibility, and corporate political activity —mostly favors an instrumental perspective on sustainability. Sustainable business practices are viewed as anthropocentric and are conceptualized as a means to achieve competitive advantage. Based on these observations, we speculate about (...) what corporate sustainability management might look like if it applied ethical orientations that emphasize the intrinsic value of nature. This discussion also includes an introduction to two articles in this special section focused on the role of the environmental manager and sustainability standards, both of which offer paths for incorporating intrinsic valuation of the environment into sustainability management. (shrink)

Vann McGee claims that open-ended schemas are more innocuous than ordinary second-order quantification, particularly in terms of ontological commitment. We argue that this is not the case.

This study looks to the work of Tarski's mentors Stanislaw Lesniewski and Tadeusz Kotarbinski, and reconsiders all of the major issues in Tarski scholarship in light of the conception of Intuitionistic Formalism developed: semantics, truth, paradox, logical consequence.