This paper highlights the difference between Lilian Bermejo-Luque’s account of warrants with the quite different accounts of warrants offered by Toulmin, Hitchcock, and myself, and lays out some of the reasons why I think a “Toulminesque” account of warrants captures crucial aspects of arguing more adequately than her account does.

A major purpose of this book is to make the post-Hamblin work on fallacies available to a wider audience in a single, convenient volume.

Following David Hitchcock and Stephen Toulmin, this paper takes warrants to be material inference rules. It offers an account of the form such rules should take that is designed (a) to implement the idea that an argument/inference is valid only if it is entitlement preserving and (b) to support a qualitative version of evidence proportionalism. It attempts to capture what gives warrants their normative force by elaborating a concept of reliability tailored to its account of the form such rules should (...) take. (shrink)

Argumentation involves offering and/or exchanging reasons – either reasons for adopting various attitudes towards specific propositional contents or else reasons for acting in various ways. This paper develops the idea that the force of reasons is through and through a normative force because what good reasons accomplish is precisely to give one a certain sort of entitlement to do what they are reasons for. The paper attempts to shed light on what it is to have a reason, how the sort (...) of entitlement arising from reasons differs from other species of entitlement and how the norms by which such entitlement is assessed obtain their status as norms. (shrink)

This paper challenges the view that arguments are (by definition, as it were) attempts to persuade or convince an audience to accept (or reject) a point of view by presenting reasons for (or against) that point of view. I maintain, first, that an arguer need not intend any effect beyond that of making it manifest to readers or hearers that there is a reason for doing some particular thing (e.g., for believing a certain proposition, or alternatively for rejecting it), and (...) second that when an arguer is in fact trying to induce an effect above and beyond rendering a reason manifest, the effect intended—the use to which his or her argument is put—need not be that hearers do what the stated reasons are reasons for doing. Where the actual or intended effect of making a reason R for doing X manifest is something other than doing X, I call it an oblique—as opposed to a direct—effect of making that reason manifest. The core of the paper presents an overview or map of the main categories of effect which arguments can have, and the main sub-types within each category, calling attention to the points at which such effects can be indirect or oblique effects. The purpose of that typology is to make it clear (i) how oblique effects can come about and (ii) how important a role they can play in the conduct of argumentation. (shrink)

ABSTRACT: This paper highlights the difference between Lilian Bermejo-Luque’s account of warrants with the quite different accounts of warrants offered by Toulmin, Hitchcock, and myself, and lays out some of the reasons why I think a “Toulminesque” account of warrants captures crucial aspects of arguing more adequately than her account does.RESUMEN: Este artículo subraya la diferencia entre el análisis de los garantes que nos propone Lilian Bermejo-Luque con los de Toulmin, Hitchcok y el mío propio. Presento algunas razones por las (...) que pienso que un análisis toulminiano de los garantes capta mejor que el suyo algunos aspectos cruciales de la argumentación. (shrink)

In section I, I argue that the principal reason why inconsistency is a fault is that it involves having at least one false belief. In section 2, I argue that inconsistency need not be a serious epistemic fault. The argument in section 2 is based on the notion that what matters epistemically is always in the final analysis an item's effect on attaining the goal of truth. In section 3 I describe two cases in which it is best from an (...) epistemic point of view to knowingly retain inconsistent beliefs. In section 4 my goal is to put into perspective the charge that relativism ought to be rejected because it involves one in inconsistency. (shrink)

This paper attempts two things: to give the reader a very general idea of the main outlines of what Govier has to say both about social and political trust and about trust in personal relationships, and to present in slightly more detail what she says about the role of trust in acquiring belief and/or knowledge from testimony and about the reasons for trusting such testimony.

I reconsider Bleichrodt, Pinto Prades and Wakker’s 2001 paper about eliciting utility measures from stated preference surveys. That paper pioneers a method that is now widely used in behavioural economics to correct individuals’ ‘biases’ and to recover their ‘true preferences’. However, BPW propose this method as way of dealing with inconsistent responses to stated preference surveys, in contrast to more recent applications which aim to help individuals to avoid supposed mistakes in their private choices. I argue that the concepts (...) of true preference and bias are empirically ungrounded, but that BPW’s approach can be interpreted as not invoking those concepts. By ‘regularising’ preferences revealed in actual choice, this approach constructs measures of individual welfare that are broadly aligned with actual preferences and consistent with normative standards of rationality that are appropriate for public decision-making. Public decision-makers’ normative judgements are made explicit, rather than being disguised as apparently empirical claims about true preferences. (shrink)

The article provides a critical-comparative analysis of selected positions lending grounds for limitation of the clasical principle of consistency of belief systems. The first part contains arguments of C. Cherniak, P. Klein, R.C. Pinto, N. Rescher and R. Brandom for the inevitability of contradictions in human belief systems. The second part presents several systems of paraconsistent doxastic logic (N.C.A. da Costa, S. French, G. Priest) formally tolerating (in various way) contradictory beliefs. The analysis especially focuses on the weaknesses of (...) the paraconsistent interpretation of the self-deception phenomenon and the contradictions resulting from the so-called Moore's paradox. (shrink)

Robert Pinto and Laura Pinto advance a non-binary account of reason and emotion in the reasoning process and argue for a naturalistic understanding of objectivity that will allow for the evaluation of emotions as reasonable. Pinto and Pinto’s promising argument generates important and productive lines of inquiry. I suggest a few such lines of inquiry, including the idea that it may be important to support reflexivity and interpretive community with equanimity; that we should further examine (...) the potential of new ideals of objectivity that explicitly incorporate emotion and virtue; and finally, that we should craft methodologies to deepen our understanding of emotion in objective reasoning and fully realize its benefits. (shrink)

Ofrezco respuestas a lo que considero son los aspectos más destacados de las críticas de John Biro, James Freeman, David Hitchcock, Robert Pinto, Harvey Siegel y Luis Vega al modelo normativo para la argumentación que he desarrollado en Giving Reasons. Cada respuesta se articula en torno a una cuestión principal, i.e., la distinción entre normatividad constitutiva y regulativa dentro de los modelos de la Teoría de la Argumentación, la evaluación semántica de la argumentación, el concepto de justificación, las (...) diferencias entre el modelo de Toulmin y mi modelo de argumento y el análisis de la dimension pragmática de la argumentación. (shrink)

I provide responses to what I take to be the most salient aspects of John Biro, James Freeman, David Hitchcock, Robert Pinto, Harvey Siegel and Luis Vega’s criticisms to the normative model for argumentation that I have developed in Giving Reasons. Each response is articulated on a main question, i.e., the distinction between regulative and constitutive normativity within Argumentation Theory’s models, the semantic appraisal of argumentation, the concept of justification, the differences between Toulmin’s model and my model of (...) argument and the analysis of the pragmatic dimension of argumentation. (shrink)

Three contrasting approaches to the epistemology of argument are presented. Each one is naturalistic, drawing upon successful practices as the basis for epistemological virtue. But each looks at very different sorts of practices and they differ greatly as to the manner with which relevant practices may be described. My own contribution relies on a metamathematical reconstruction of mature science, and as such, is a radical break with the usual approaches within the theory of argument.

Douglas Walton has done extensive and valuable work on the concepts of presumption and practical reasoning. However, Walton’s attempt to model practical reasoning as presumptive is misguided. The notions of “inference” and of the burden of proof shifting back and forth between proponent and respondent are misleading and lead to counterintuitive consequences. Because the issue in practical reasoning is a proposal, not a proposition, there are, in the standard case, several perfectly good reasons on both sides simultaneously, which implies that (...) argument appraisal necessarily contains a subjective element—a fact argumentation theory needs to conceptualize. (shrink)

Utilitarianism, the great reforming philosophy of the nineteenth century, has today acquired the reputation for being a crassly calculating, impersonal philosophy unfit to serve as a guide to moral conduct. Yet what may disqualify utilitarianism as a personal philosophy makes it an eminently suitable guide for public officials in the pursuit of their professional responsibilities. Robert E. Goodin, a philosopher with many books on political theory, public policy and applied ethics to his credit, defends utilitarianism against its critics and (...) shows how it can be applied most effectively over a wide range of public policies. In discussions of such issues as paternalism, social welfare policy, international ethics, nuclear armaments, and international responses to the environment crisis, he demonstrates what a flexible tool his brand of utilitarianism can be in confronting the dilemmas of public policy in the real world. (shrink)

The United States Army’s Future Combat Systems Project, which aims to manufacture a “robot army” to be ready for deployment by 2012, is only the latest and most dramatic example of military interest in the use of artificially intelligent systems in modern warfare. This paper considers the ethics of a decision to send artificially intelligent robots into war, by asking who we should hold responsible when an autonomous weapon system is involved in an atrocity of the sort that would normally (...) be described as a war crime. A number of possible loci of responsibility for robot war crimes are canvassed; the persons who designed or programmed the system, the commanding officer who ordered its use, the machine itself. I argue that in fact none of these are ultimately satisfactory. Yet it is a necessary condition for fighting a just war, under the principle of jus in bellum, that someone can be justly held responsible for deaths that occur in the course of the war. As this condition cannot be met in relation to deaths caused by an autonomous weapon system it would therefore be unethical to deploy such systems in warfare. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Nozick argues, in “Anarchy, State, and Utopia”, correctly I think, that we can go from an equal distribution of wealth to an unequal one through just means. Nozick then asks: If people voluntarily move from a just distribution of wealth, D1, to a different distribution, D2, “isn’t D2 also just?” While Nozick thinks the new distribution of wealth, D2, is just, I think that it is at least possible to go from a just state of affairs to an un-just state (...) of affairs by just means. I then argue that any unequal distribution of wealth can not maximize the good derived from wealth. Therefore, on the basis of plausible utilitarian ideas, any distribution of wealth that isn’t at least roughly equal is un-just, even it was arrived at by just means from aa equal and just distribution of wealth. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Preface: Virtual Entities in ScienceRobert Harlander, Jean-Philippe Martinez, Friedrich Steinle, and Adrian WüthrichIt is not only since the sudden increase of online communication due to the COVID-19 situation that the concept of the “virtual” has made its way into everyday language. In this context, it mostly denotes a digital substitute for a real object or process. Virtual reality is perhaps the best-known term in this respect. With these digital (...) connotations, “virtuality” has also been used in science and research: Chemists use virtual laboratories, biologists do virtual scanning of molecular structures, and geologists engage in virtual field trips. But the concept of the virtual has a much longer tradition, dating back to long before the dawn of the digital age. Virtual images and virtual displacements were introduced in classical physics already in the late seventeenth and eighteenth centuries, respectively. They represent auxiliary objects or processes without instantiation, with the purpose of efficiently describing specific physical systems. In today’s physics, the term “virtual” is mostly associated with the quantum world, first and foremost with the “virtual particle” of quantum field theory. It has become such an integral part of modern high energy physics that its ontological character may be considered to go beyond the purely auxiliary, which is typically associated with the virtual. [End Page 263]In other disciplines, however, use of the term virtual without a digital connotation is much rarer. While concepts like “virtual adrenaline” show up in physiological research around 1940s, and Charles Darwin, in a private note in January 1840,1 spoke of “virtual change” in the context of embryology, these examples seem to be singular occurrences of entities that were explicitly called “virtual.” The basic idea behind the terminology of the virtual, however, might be much more common, even outside of physics. The “invisible hand” in economics, or the “vital force” in biology, for instance, may carry aspects of a virtual entity, even if they have not been referred to that way.These different observations raise several questions about the status of virtual entities in science. What has led scientists to call one entity “virtual” and not another? Do all virtual entities in science have the same roots and meet the same characteristics? Are they more than auxiliary objects or processes? Why does physics seem to occupy a specific position with respect to the use of the notion of virtuality? These are some points that led us to discuss virtual entities in science during a workshop, out of which grew the present collection. We invited contributions that addressed the historical formation and philosophical interpretation of concepts of virtual entities in physics and other disciplines—in whatever terms they may come. The main goal of the workshop was to bring to the fore similarities and differences in the meanings and functions of these concepts, so as to be able to precisely characterize why certain entities are considered virtual in specific contexts, why a different terminology was often used in each individual case, and in what sense the virtual entities relate to the real world.The organization of the workshop was part of our project “The formation and development of the concept of virtual particles,” a subproject of the Research Unit “The Epistemology of the Large Hadron Collider,” funded by the Deutsche Forschungsgemeinschaft (DFG) and Der Wissenschaftsfonds (FWF). The workshop took place online on four consecutive Fridays in March 2021. It brought together contributors who discussed the role of the concept of the virtual in theoretical as well as experimental activities, and investigated into the origins of the terminology of the virtual as it was applied to the various disciplines of natural science. Dealing with historical, philosophical, but also methodological questions, the presentations covered a wide time range, from the Middle Ages to the present day. While physics naturally emerged as the dominant field, natural philosophy, computer science and biology were also addressed. The papers in this volume were contributed by participants in this workshop and approach the subject from different angles. [End Page 264]First, Friedrich Steinle provides us with an introductory piece that reflects on the specific meaning of the use of the term ‘virtual’ in science. He highlights and... (shrink)

This book analyses the general structure of constitutional rights reasoning under the German Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 44, no. 3. © 2018 by Feminist Studies, Inc. 699 Jennifer C. Nash The Political Life of Black Motherhood In 1976, Adrienne Rich wrote, “We know more about the air we breathe, the seas we travel, than about the nature and meaning of motherhood.”1 In the four decades since the publication of Rich’s now-canonical Of Woman Born, Andrea O’Reilly has argued for the advent of “maternal theory” (...) as an academic discipline, the maternal memoir has become a highly popular (and profitable) literary genre, and there has been sustained attention to maternal activism with scholarly analyses of such organizations as Mothers Against Drunk Driving and Mothers of the Movement.2 If Mamie Till Bradley boldly “let the world see” her son’s mutilated body in a 1955 public plea to make visible black suffering and antiblack violence, Valerie Castile’s statement after a jury found a police officer not guilty in the death of her son continued in the tradition of 1. Adrienne Rich, Of Woman Born: Motherhood as Experience and Institution (New York: W. W. Norton, 1995), 11. 2. See Andrea O’Reilly, ed., Maternal Theory: A Reader (New York: Demeter Press, 2007); Ann Hulbert, “The Real Myth of Motherhood,” Slate, March 8, 2005; Jennifer C. Nash and Samantha Pinto, “Strange Intimacies: Reading Black Mothering Memoirs,” Public Culture (forthcoming); Danielle Poe, Maternal Activism: Mothers Confronting Injustice (Albany: SUNY Press, 2016); and Ruth Feldstein, Motherhood in Black and White: Race and Sex in American Liberalism, 1930–1965 (Ithaca, NY: Cornell University Press, 2000). 700 Jennifer C. Nash Books Discussed in This Essay Revolutionary Mothering: Love on the Front Lines. Edited by Alexis Pauline Gumbs, China Martens, and Mai’a Williams. Oakland, CA: PM Press, 2016. Laboring Positions: Black Women, Mothering and the Academy. Edited by Sekile Nzinga-Johnson. Bradford, ON: Demeter Press, 2013. How All Politics Became Reproductive Politics: From Welfare Reform to Foreclosure to Trump. By Laura Briggs. Oakland: University of California Press, 2017. Birthing Justice: Black Women, Pregnancy, and Childbirth. Edited by Julia Oparah and Alicia Bonaparte. New York: Routledge, 2016. making black (male) pain visible through grief-stricken black motherhood. Castile said, My son loved this state. He had one tattoo on his body and it was of the twin cities, the state of Minnesota with “TC” on it. My son loved this city, and this city killed my son and the murderer gets away.... We’re not evolving as a civilization, we’re devolving, we have taken steps forward, people have died for us to have these rights and now we’re devolving, we’re going back to 1969.3 Her emotional plea reveals the political currency of black maternal suffering, one of the few spaces in which black pain is readily culturally visible. Indeed, there has been intensified scholarly and popular interest in representing black motherhood as both a site constituted by grief and expected loss and as a political position made visible (only) because of its proximity to death. It is certainly the case that a cultural inattention to motherhood has been replaced by an intense investment in representing at least some aspects of “the nature and meaning of motherhood” and 3. “Philando Castile’s Mother Reacts to Verdict,” Washington Post video on YouTube, posted on June 16, 2017, https://www.youtube.com/watch?v=RJsD4cCpUA. Jennifer C. Nash 701 in representing certain mothers—particularly black mothers—as symbols of trauma and injury, of pain that can be mobilized for “legitimate” political ends and social change. If, as O’Reilly suggests, maternal theory is now a distinct field, it has been fundamentally shaped by the intellectual and political labor of black feminists—Dorothy Roberts, bell hooks, Alice Walker, Patricia Hill Collins, Hortense Spillers, and Audre Lorde—who have captured the myriad ways that black maternity is cast as pathological, excessive, and marked by aberrant performances of gender and heterosexuality that threaten both the nuclear family and the heterosexual state. Drawing on a varied archive from the Moynihan Report to cultural panics about “kids having kids,” from ongoing representations of black women’s “failure” to breastfeed as a public health crisis to the racialized underpinnings of birth control, black feminist theory... (shrink)

Originally published under the title: Tsong Khapa's Speech of gold in the Essence of true eloquence.

This study of the political philosophy of William Ernest Hocking be gan as a doctoral dissertation at Tulane University. Hocking (1873- 1966) was for many years Alford Professor of Natural Religion, Moral Philosophy, and Civil Polity at Harvard University. Although he is relatively well-known among American philosophers, particularly by students of metaphysics and the philosophy of religion, very little atten tion has been given to his political philosophy. Some general studies of his thought summarize his political writings in a very (...) cursory fashion, but they do not discuss his contributions in detail or relate them to significant issues in political philosophy. Most important general works on modern political philosophy or American political thought do not even mention Hocking; a few note his name in passing. Because he is almost completely unknown in the social sciences, the original purpose of this study was to explore, systematize, and present his extensive writings in political philosophy. It then became apparent that his entire political philosophy is oriented around the concepts of liberty and community. When his thought is analyzed in terms of these themes, its unity and coherence are more obvious. Moreover, his writings become more significant when they are related to liberty and community, for these are focal concepts for important problems in modern political philosophy. This study of Hocking's political philosophy will, it is hoped, help us to see how liberty and community can be more understandable, attainable, and compatible with one another. (shrink)

The purpose of this paper is to uncover some of the limitations that critical contextual empiricism, and in particular Longino's contextualism, faces when trying to provide a normative account of scientific knowledge that is relevant to current scientific research. After presenting the four norms of effective criticism, I show how the norms have limited scope when dealing with cases of current scientific practices. I then present some historical evidence for the claim that the organization of science has changed in recent (...) decades, and I argue that the uncovered limitations emerge from this larger phenomenon. Finally, I conclude by suggesting two ways to overcome the previously uncovered limitations. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis is (...) a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)