Legal analysis is dominated by legal arguments, and the assessment of any legal claim requires the assessment of the strengths and weaknesses of those arguments. The ‘logocratic’ method is a systematic method for assessing the strengths and weaknesses of arguments. More specifically, it is a method designed to help the analyst determine what degree of warrant the premises of an argument provide for its conclusion. Although the method is applicable to any type of argument, this essay focuses on the logocratic (...) framework for assessing the strengths and weaknesses of evidentiary legal arguments, arguments offered in litigation in which evidentiary propositions are proffered to support hypotheses. The focus is on American law, but the logocratic analysis offered here could be adjusted without much trouble to handle arguments about evidence in other systems of litigation. In any legal system that aspires to have a fact-finding process that is sufficiently reliable to meet the requirements of justice, we might fashion an analogue for the Socratic maxim ‘the unexamined life is not worth living’: the unexamined evidentiary argument is not worth believing. The logocratic method seeks to help the evidence analyst pursue that Socratic mission, tailored to the rules and institutions of evidence law. (shrink)

This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.Explores enduring questionsFocusing ...

Illuminates legal reasoning -- and its justification At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. (...) This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power. Explores enduring questions Focusing on work over the past century, the essays address important recurring questions, such as: When a judge or a lawyer reasons to a conclusion about what is legally required in a given case, must he also ask what is morally required? To what extent do a judge's personal, political, or moral biases affect his legal reasoning? What is the impact of such biases? Can all such biases be avoided? Is legal reasoning similar to reasoning in mathematics, logic, and linguistics, the physical sciences, the social sciences, or literature and history? Do formal logical modes of argument play any roles in legal reasoning? Solid coverage, well organized The articles were chosen to present some of the most influential works on the topic, as well as less familiar works that are thought provoking and informative. Each volume also offers a representative range of theoretical approaches to its topic, contains an introduction that locates the subject within the larger framework oftheories of legal reasoning and jurisprudence, and includes bibliographical notes on further readings. Many 19th century legal theorists argued that deduction is the central mode of legal reasoning, and that legal argument is like a deductive proof in mathematics or logic. They were attracted to this "deductivist" concept because it suggested that legal reasoning could be politically and morally neutral. This volume brings together some of the most thought-provoking articles on both sides of the debate. It also contains several leading articles that explain the role of probabilistic judgments and presumptions in various types of legal arguments, including the laws of evidence and criminal procedure. The collection is a solid introduction to the basic modes of logical argument in legal reasoning. (shrink)

The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the (...) political and moral importance in justifying the exercise of judicial power. (shrink)

This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.

First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...) deference to experts--something that has been largely unrecognized in legal theory. After presenting a detailed model of analogy, Chapter 1 argues that legal reasoning by analogy, like analogical argument in logic, mathematics, and the natural sciences, possesses a great deal of rational force when properly executed. Chapter 2 investigates the reasoning process by which non-expert legal reasoners defer epistemically to the judgments of scientists. It presents five main conclusions or explanations. Every practical syllogism actually consists of two distinct chains of inference, and what is usually considered in writings on practical reasoning to be the minor premise of a practical syllogism is actually the conclusion of a separate chain of argument. When a practical reasoner defers epistemically to a theoretical expert, this separate chain of argument has a special structure, which is modeled in Chapter 2. The non-expert legal reasoner must always make a prescriptive practical judgment about the standard of epistemic appraisal and level of epistemic confidence that the reasoner requires of scientific evidence before it may be relied upon in reaching a legal decision. Legal systems should be committed to an emergent rule of law ideal identified and referred to as "intellectual due process" which condemns epistemically arbitrary reasoning processes insofar as they play a role in legal decisionmaking. Since non-arbitrariness is a necessary condition of both epistemic and legal legitimacy, we have compelling reason to doubt that the non-arbitrariness condition can be met when non-experts defer epistemically to scientific experts. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

I take it for granted that sense experiential states provide reasons for empirical beliefs; indeed this claim forms the first premise of my central argument for (CC). 1 The subsequent stages of the argument are intended to establish that a person has such a reason for believing something about the way things are in the world around him only if he is in some mental state or other with a conceptual content: a conceptual state. Thus, given that sense experiential states (...) do provide reasons for empirical beliefs, they must have conceptual content. (shrink)

This chapter contains sections titled: The Possibility of Falsity The Involvement of Generality Notes References.

The tradition descending from Frege and Russell has typically treated theories of meaning either as theories of meanings, or as theories of truth conditions. However, propositions of the classical sort don't exist, and truth conditions can't provide all the information required by a theory of meaning. In this book, one of the world's leading philosophers of language offers a way out of this dilemma. Traditionally conceived, propositions are denizens of a "third realm" beyond mind and matter, "grasped" by mysterious Platonic (...) intuition. As conceived here, they are cognitive-event types in which agents predicate properties and relations of things--in using language, in perception, and in nonlinguistic thought. Because of this, one's acquaintance with, and knowledge of, propositions is acquaintance with, and knowledge of, events of one's cognitive life. This view also solves the problem of "the unity of the proposition" by explaining how propositions can be genuinely representational, and therefore bearers of truth. The problem, in the traditional conception, is that sentences, utterances, and mental states are representational because of the relations they bear to inherently representational Platonic complexes of universals and particulars. Since we have no way of understanding how such structures can be representational, independent of interpretations placed on them by agents, the problem is unsolvable when so conceived. However, when propositions are taken to be cognitive-event types, the order of explanation is reversed and a natural solution emerges. Propositions are representational because they are constitutively related to inherently representational cognitive acts. Strikingly original, What Is Meaning? is a major advance. (shrink)

In an important and widely cited paper, Zerilli, Knott, Maclaurin, and Gavaghan (2019) argue that opaque AI decision makers are at least as transparent as human decision makers and therefore the concern that opaque AI is not sufficiently transparent is mistaken. I argue that the concern about opaque AI should not be understood as the concern that such AI fails to be transparent in a way that humans are transparent. Rather, the concern is that the way in which opaque AI (...) is opaque is very different than the way in which humans are opaque. What matters is the degree to which the opaque processes of a class of decision makers are stable, uniform, and safe. The degree to which such processes have these features in humans is higher than the degree to which such processes have these features in opaque AI. And therefore we should require AI to be more transparent than humans. (shrink)

: In a short and much-neglected passage in the second Critique, Kant discusses the threat posed to human freedom by theological determinism. In this paper we present an interpretation of Kant’s conception of and response to this threat. Regarding his conception, we argue that he addresses two versions of the threat: either God causes appearances directly or he does so indirectly by causing things in themselves which in turn cause appearances. Kant’s response to the first version is that God cannot (...) cause appearances directly because they depend essentially on the passive sensibility of finite beings. Kant’s response to the second version is that human beings are endowed with transcendental freedom, which blocks the causal transitivity that is presupposed by this version. We also contrast his position on this topic with Leibniz’s and Spinoza’s. (shrink)

This article critically interrogates contemporary forms of addiction medicine that are portrayed by policy-makers as providing a ‘rational’ or politically neutral approach to dealing with drug use and related social problems. In particular, it examines the historical origins of the biological facts that are today understood to provide a foundation for contemporary understandings of addiction as a ‘disease of the brain’. Drawing upon classic and contemporary work on ‘styles of thought’, it documents how, in the period between the mid-1960s and (...) the mid-1970s, such facts emerged in relation to new neurobiological styles of explaining and managing social problems associated with drug abuse, and an alliance between a relatively marginal group of researchers and American policy-makers who were launching the ‘War on Drugs’. Beyond illustrating the political and material conditions necessary for the rise of addiction neuroscience, the article highlights the productivity of neurobiological thought styles, by focusing on the new biological objects, treatments and hopes that have emerged within the field of addiction studies over the last several decades. (shrink)

David Brown (b. 1948) is a Scottish Episcopal priest and theologian whose work covers a vast terrain spanning methodological divisions between philosophy, Christian theology, religious studies, the arts and culture. Early work on the Trinity and Incarnation led to a Newman-inspired articulation of Scripture as tradition, and, related to this, the exploration of tradition as revelation with reference to a wide range of human experience. Moving from materially-mediated divine presence to culturally-mediated revelation, Brown's phenomenology of religious experience amounts to a (...) transformed natural religion along sacramental lines. Essays in this volume consider Brown's wide ranging and generative contributions in three parts: 1) Butler & Newman, 2) Incarnation & Trinity, and 3) Sacramentality & the Arts, with a concluding response from Brown himself that addresses 'religious experience and revelation', as well as 'secular culture and religious distinctiveness'. (shrink)

Containing essays by leading scholars representing a wide range of disciplines, this Companion offers new perspectives on the French Enlightenment. Clearly organized and easy to use, the volume provides a comprehensive overview of a period that marks the beginning of modern intellectual culture and political life.

An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions.

This paper examines the form of mental representation of scientific theories in scientists and nonscientists. It concludes that images and schemas are not the appropriate form of mental representation for scientific theories but that mental models and perceptual symbols do seem appropriate for representing physical/mechanical phenomena. These forms of mental representation are postulated to have an analogical relation with the world and it is this relationship that gives them strong explanatory power. It is argued that the construct of naïve theories (...) as used in developmental psychology may be the appropriate form of mental representation for non physical/mechanical domains. The paper adopts a strong form of psychologism in the philosophy of science and argues that model-based approaches to scientific theories are more appropriate forms of representation for scientific theories than the formalist approaches that dominate current philosophy of science. (shrink)

It is widely believed that Perelman and Olbrechts-Tyteca’s theory of argumentation is vulnerable to the charge of relativism. This paper provides a more charitable interpretation of Perelman and Olbrechts-Tyteca’s normative views, one that properly considers the historical trajectory of their work and a wider range of texts than existing interpretations. It is argued that their views are better characterized as a form of “contrastivism about arguments” than any kind relativism. This more accurate depiction contributes to ongoing efforts to revive interest (...) in Perelman and Olbrechts-Tyteca’s work as well as build bridges with trends in contemporary argumentation theory. (shrink)

_An original interpretation of Merleau-Ponty on subjectivity, drawing from and challenging both the continental and analytic traditions._.

For anyone approaching the Encheiridion of Epictetus for the first time, this book provides a comprehensive guide to understanding a complex philosophical text. Including a full translation and clear explanatory commentaries, Epictetus's 'Encheiridion' introduces readers to a hugely influential work of Stoic philosophy. Scott Aikin and William O. Stephens unravel the core themes of Stoic ethics found within this ancient handbook. Focusing on the core themes of self-control, seeing things as they are, living according to nature, owning one's roles (...) and fulfilling the responsibilities that those roles entail, the authors elucidate the extremely challenging ideas in Epictetus's brisk chapters. Divided into five distinct parts, this book provides readers with: -/- - A new translation of the Encheiridion by William O. Stephens. - A new introduction to ancient Stoicism, its system of concepts, and the ancient figures who shaped it. - A fresh treatment of the notorious and counter-intuitive 'Stoic paradoxes'. - An accessible overview of the origin and historical context of the Encheiridion. - Detailed commentaries on each chapter of the Encheiridion that clarify its recurring themes and highlight their interconnections. - Careful attention to the presentation of the arguments embedded in Epictetus's aphoristic style. - A thoughtful discussion of serious criticisms of Epictetus's Stoicism and replies to these objections. -/- Written with clarity and authority, Epictetus's 'Encheiridion' provides a foundation from which readers can understand this important text and engage with the fundamental questions of Stoic philosophy and ethics. This guide will aid teachers of Epictetus, students encountering Stoicism for the first time, and readers seeking a greater understanding of Stoic ethics. (shrink)

Albert Einstein's bold assertion of the form-invariance of the equation of a spherical light wave with respect to inertial frames of reference became, in the space of six years, the preferred foundation of his theory of relativity. Early on, however, Einstein's universal light-sphere invariance was challenged on epistemological grounds by Henri Poincaré, who promoted an alternative demonstration of the foundations of relativity theory based on the notion of a light-ellipsoid. Drawing in part on archival sources, this paper shows how an (...) informal, international group of physicists, mathematicians, and engineers, including Einstein, Paul Langevin, Poincaré, Hermann Minkowski, Ebenezer Cunningham, Harry Bateman, Otto Berg, Max Planck, Max Laue, A. A. Robb, and Ludwig Silberstein, employed figures of light during the formative years of relativity theory in their discovery of the salient features of the relativistic worldview. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

This study renders the complex corpus of the Guodian texts into a more easily manageable form, incorporating the past several years of scholarly activity on these texts and providing them with a comprehensive introduction along with a complete and well-annotated translation into English.

We must critically rethink race and genetics in the context of the new genetic breakthroughs and haplotype mapping. We must avoid the slippery slope of turning socially constructed racial categories into genetic realities. It is a potentially dangerous arena given the history of racialized science in the United States and globally. Indeed, the new advances must be viewed in the context of a long history of racial inequality, continuing into the current period. This is more than a question of how (...) carefully we use categories of analysis such as race. Justice and equity must be core to our considerations. There is a community stake in this work that must be seriously considered and included in decision making. A progressive and critical analysis is in order. (shrink)

Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.

An examination of the history and arguments behind W.K. Clifford and William James's landmark essays and subsequent impact on the importance of knowledge-based evidence.

I defend the view that moral properties are identical to properties that can be expressed without using moral vocabulary.

The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the 'Discipline of Pure Reason', Sections 1 and 4 of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the 'Analytic of Principles' which seem to be inconsistent. He then tries to remove the apparent inconsistencies by focusing on the idea of instantiation and drawing a distinction between (...) the intension and the extension of a concept. Finally, the results are applied to the second 'Analogy of Experience' for the purposes of illustration. The paper should be seen as an attempt to provide an historical answer to a question that has been treated thematically in much of the recent literature. (shrink)