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)

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.

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.

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)

Talbot Brewer offers a new approach to ethical theory, founded on a far-reaching reconsideration of the nature and sources of human agency.

From very early on, Western philosophers have been obsessed with the understanding of a relatively few works of philosophy which have played a disproportionately large and fundamental role in developing the Western philosophical canon, dominating the curriculum in the past and in the present; there is no indication that they will not do so in the future.Uses and Abuses of the Classics examines the various ways in which the different periods of the history of philosophy have approached these texts. The (...) editors have chosen for analysis some of the major philosophers from periods of the history of philosophy in which the interpretation of the classics has been particularly significant.Contributions to this book include entries on: Aristotle's reading of Plato; Averroes on Aristotle; Nietzsche on the Beginnings of Western Philosophy; and Thomas Aquinas's Commentary on Aristotle's Metaphysics. (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)

Zu seinen Lebzeiten war Kurt Gödel außerhalb der Fachwelt der Mathematiker, Philosophen und theoretischen Physiker kaum bekannt. Zu Beginn seiner Karriere schuf er beeindruckende Arbeiten zur Vollständigkeit und Beweisbarkeit formaler logischer Systeme, die zu seiner Dissertation und seiner Habilitations-schrift wurden und ihn unter Fachleuten weltberühmt machten. Seine Unvoll-ständigkeitssätze läuteten das Ende der formal-logischen Programme der Logizisten (Russell et al.) und der Formalisten (Hilbert et al.) ein. Später erzielte er auch signifikante Ergebnisse in der Mengenlehre. Nach seiner Emigration in die USA (...) (Princeton), widmete er sich mehr der Philosophie, dem Leitmotiv seines Lebens, und er fand auch eine einzigartige Lösung zu Einsteins Feld-gleichungen der Gravitation, sein "Gödel-Universum". Dieses Buch beschreibt sowohl den Gödel, der ein genialer Wissenschaftler war, und der gewagte und neuartige Hypothesen zu den Fundamenten der Mathe-matik und Physik hervorbrachte, ‒ als auch den Gödel, der ein perfekter Rationalist war, aber sein Alltagsleben nur mit Mühe meistern konnte und zeitlebens unter Depressionen, Angstneurosen und Hypochondrie litt. Ein Leben voller Paradoxen, in dem er trotz all seiner psychischen Probleme Beachtliches leistete und zu einem Vorbild für viele jüngere Wissenschaftler wurde. Das Buch liefert den Kontext zu seinen Errungenschaften, die ein verblüffend breites Spektrum intellektueller Unternehmungen darstellen, und zu seiner zunehmenden Geisteskrankheit; und es zeigt, wie er eine lange und erfolgreiche Karriere mit Hilfe seiner loyalen Ehefrau Adele und einigen seiner Freunde durchlaufen konnte. Dies ist eine faszinierende Geschichte der wissen-schaftlichen Genialität und der menschlichen Natur. (shrink)

Bill Brewer presents an original view of the role of conscious experience in the acquisition of empirical knowledge. He argues that perceptual experiences must provide reasons for empirical beliefs if there are to be any determinate beliefs at all about particular objects in the world. This fresh approach to epistemology turns away from the search for necessary and sufficient conditions for knowledge and works instead from a theory of understanding in a particular area.

Science and the originality of life -- Christian facticity -- Grasping life as a topic -- Ruinance -- The retrieval of history -- Facticity and ontology -- Factical speaking -- Rhetoric -- Sophistry.

What is the role of conscious experience in the epistemology of perceptual knowledge: how should we characterise what is going on in seeing that o is F in order to illuminate the contribution of seeing o to their status as cases of knowing that o is F? My proposal is that seeing o involves conscious acquaintance with o itself, the concrete worldly source of the truth that o is F, in a way that may make it evident to the subject (...) that o is an instance of ‘x is F’ as she understands this, and hence evident that o is F. Seeing that o is F is thus a way of its being evident that o is F and is therefore a way of knowing that o is F. (shrink)

Physical objects are such things as stones, tables, trees, people and other animals: the persisting macroscopic constituents of the world we live in. therefore expresses a commonsense commitment to physical realism: the persisting macroscopic constituents of the world we live in exist, and are as they are, quite independently of anyone.

This ambitious, interdisciplinary book seeks to explain the origins of religion using our knowledge of the evolution of cognition. A cognitive anthropologist and psychologist, Scott Atran argues that religion is a by-product of human evolution just as the cognitive intervention, cultural selection, and historical survival of religion is an accommodation of certain existential and moral elements that have evolved in the human condition.

“Natural logic” was proposed by Lewis Henry Morgan as the engine of cultural evolution, concluding that the “course and manner” of cultural development “was predetermined, as well as restricted within narrow limits of divergence, by the natural logic of the human mind.” This essay argues that Morgan’s conception of natural logic aids the project of settler colonialism. Rather than being a false account of human agency, however, it is a conception of natural logic that is produced through the systematic narrowing (...) of possibilities for agency, human, and otherwise. This narrowed logic is thus only a part of a differently conceived logic of agency that is also general and normative. The discussion proceeds in four sections: first, a presentation of Morgan’s conception of natural logic and its origins; second, an analysis of four colonizing implications of Morgan’s view; third, examples of further developments of natural logic in the twentieth and twenty-first centuries in the work structuralist and post-structuralist theorists; and, last, a brief introduction of a decolonial logic that provides a broader alternative conception of the structure of agency, human, and otherwise, and that avoids the oppressive effects of the reductionism of the natural logic received from Morgan and his successors. (shrink)

Pragmatism, Experience, and the Given The doctrine of the Given is that subjects have direct non-inferential awareness of content of their experiences and apprehensions, and that some of a subject's beliefs are justified on the basis of that subject's awareness of her experiences and apprehensions. Pragmatist criticisms of the Given as a myth are shown here not only to be inadequate but to presuppose the Given. A model for a pragmatist account of the Given is then provided in terms of (...) refinements of Dewey's theory of experience. The doctrine of the Given is implicated in the functions of inquiry insofar as one must take it that experience is a source of justification. (shrink)

It is close to current orthodoxy that perceptual experience is to be characterized, at least in part, by its representational content, roughly, by the way it represents things as being in the world around the perceiver. Call this basic idea the content view.

Many fans of Diogenes of Sinope laud his parrhesia, free speech used for critique. However, Diogenes abused not only the powerful but also the socially marginalized. We argue that interpreters of Diogenes cannot explain away the undeniably troublesome things that Diogenes said about those at the margins. But we also argue that Diogenes ought nonetheless to be preserved. Some of his chreiai can be reminders of how to be courageous and fight for the downtrodden, and others can serve as reminders (...) of how easily those aspirations can be forgotten. We offer a variety of ways to interpret Diogenes, especially since the figure of Diogenes is an historical composite from centuries of sources. But we arrive at a position of loving antagonism toward Diogenes, loving Cynic commitments to autarkeia and against wealth and power, and disapproving when Cynics fell short of their commitments and critical aspirations. (shrink)

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)

Early modern empiricists thought that the nature of perceptual experience is given by citing the object presented to the mind in that experience. Hallucination and illusion suggest that this requires untenable mind-dependent objects. Current orthodoxy replaces the appeal to direct objects with the claim that perceptual experience is characterized instead by its representational content. This paper argues that the move to content is problematic, and reclaims the early modern empiricist insight as perfectly consistent, even in cases of illusion, with the (...) realist contention that these direct objects of perception are the persisting mind-independent physical objects we all know and love. (shrink)

Inspired by a debate between Noam Chomsky and Jean Piaget, this work traces the development of natural history from Aristotle to Darwin, and demonstrates how the science of plants and animals has emerged from the common conceptions of folkbiology.

We perceive a world of mind-independent macroscopic material objects such as stones, tables, trees, and animals. Our experience is the joint upshot of the way these things are and our route through them, along with the various relevant circumstances of perception; and it depends on the normal operation of our perceptual systems. How should we characterise our perceptual experience so as to respect its basis and explain its role in grounding empirical thought and knowledge? I offered an answer to this (...) question in Perception and its objects. Here I aim to clarify some of my central arguments and to develop and defend the position further in the light of subsequent critical discussion. (shrink)

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)

Universities in North America and Europe increasingly provide financial incentives to encourage collaboration between faculty in different disciplines, based on the premise that this yields more innovative and sophisticated research. Drawing from a wealth of empirical data, the contributors to Investigating Interdisciplinary Collaboration put that theory to the test. What they find reveals how interdisciplinarity is not living up to its potential, but also suggests how universities might foster more genuinely collaborative and productive research. Chapter 10 is available Open Access (...) here: https: //www.ncbi.nlm.nih.gov/books/NBK395883/. (shrink)

ABSTRACT:In 2010,Business Ethics Quarterlypublished ten articles that considered the potential contributions to business ethics research arising from recent scholarship in a variety of philosophical and social scientific fields (strategic management, political philosophy, restorative justice, international business, legal studies, ethical theory, ethical leadership studies, organization theory, marketing, and corporate governance and finance). Here we offer short responses to those articles by members ofBusiness Ethics Quarterly’s editorial board and editorial team.

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

1. This book is a fascinating look at how early cinema and moving images inspired and were inspired by other more static forms of visual culture, such as painting, photography, and tableaux vivants. The contributors to this volume demonstrate how cinema responded to and was positioned within broader artistic and cultural frameworks. 2. This book is another strong contribution to the Proceedings of Domitor series, of which we are now the sole publishers. 3. It will benefit from our well established (...) reputation in early cinema studies. (shrink)

In the last decade, the familiar problem of the regress of reasons has returned to prominent consideration in epistemology. And with the return of the problem, evaluation of the options available for its solution is begun anew. Reason’s regress problem, roughly put, is that if one has good reasons to believe something, one must have good reason to hold those reasons are good. And for those reasons, one must have further reasons to hold they are good, and so a regress (...) of reasons looms. In this new study, Aikin presents a full case for infinitism as a response to the problem of the regress of reasons. Infinitism is the view that one must have a non-terminating chain of reasons in order to be justified. The most defensible form of infinitism, he argues, is that of a mixed theory – that is, epistemic infinitism must be consistent with and integrate other solutions to the regress problem. (shrink)

The standard paradigm for mental causation is a person’s acting for a reason. Something happens - she intentionally φ’s - the occurrence of which we explain by citing a relevant belief or desire. In the present context, I simply take for granted the following two conditions on the appropriateness of this explanation. First, the agent φ’s _because_ she believes/desires what we say she does, where this is expressive of a _causal_ dependence.1 Second, her believing/desiring this gives her a _reason_ for (...) φ-ing: recognizing that she has this belief/desire makes her φ-ing intelligible as rational in the light of her other attitudes and circumstances. A further condition must be met, though, if this is to be a genuine psychological explanation, a case of her acting _for_ the reason in question. Consider the following example of Davidson’s (1973, p. 79). An exhausted climber is desperate to rid herself of the weight and danger of holding her partner on a rope; and her sudden realization that simply letting go would achieve this so unnerves her that her grip loosens slightly and he falls. Her releasing him causally depends upon her having this belief and desire, which provide _a_ reason for doing what she does. But this is not _why_ she does it: it would be at best misleading to say that she dropped him, intentionally, because she was fed up with holding his weight, or because she thought that she might otherwise fall. Her letting go does not depend upon her having these reasons in the right way. The reason-giving relation is causally irrelevant. If we are to explain a person’s acting _for_ a reason, then her doing. (shrink)

There is widespread agreement that there should be a principle requiring that artificial intelligence be ‘explicable’. Microsoft, Google, the World Economic Forum, the draft AI ethics guidelines for the EU commission, etc. all include a principle for AI that falls under the umbrella of ‘explicability’. Roughly, the principle states that “for AI to promote and not constrain human autonomy, our ‘decision about who should decide’ must be informed by knowledge of how AI would act instead of us” :689–707, 2018). There (...) is a strong intuition that if an algorithm decides, for example, whether to give someone a loan, then that algorithm should be explicable. I argue here, however, that such a principle is misdirected. The property of requiring explicability should attach to a particular action or decision rather than the entity making that decision. It is the context and the potential harm resulting from decisions that drive the moral need for explicability—not the process by which decisions are reached. Related to this is the fact that AI is used for many low-risk purposes for which it would be unnecessary to require that it be explicable. A principle requiring explicability would prevent us from reaping the benefits of AI used in these situations. Finally, the explanations given by explicable AI are only fruitful if we already know which considerations are acceptable for the decision at hand. If we already have these considerations, then there is no need to use contemporary AI algorithms because standard automation would be available. In other words, a principle of explicability for AI makes the use of AI redundant. (shrink)

This book analyses the straw man fallacy and its deployment in philosophical reasoning. While commonly invoked in both academic dialogue and public discourse, it has not until now received the attention it deserves as a rhetorical device. Scott Aikin and John Casey propose that straw manning essentially consists in expressing distorted representations of one's critical interlocutor. To this end, the straw man comprises three dialectical forms, and not only the one that is usually suggested: the straw man, the weak (...) man and the hollow man. Moreover, they demonstrate that straw manning is unique among fallacies as it has no particular logical form in itself, because it is an instance of inappropriate meta-argument, or argument about arguments. They discuss the importance of the onlooking audience to the successful deployment of the straw man, reasoning that the existence of an audience complicates the dialectical boundaries of argument. Providing a lively, provocative and thorough analysis of the straw man fallacy, this book will appeal to postgraduates and researchers alike, working in a range of fields including fallacies, rhetoric, argumentation theory and informal logic. (shrink)

We use evidence from cognitive psychology and the history of science to examine the issue of the theory-ladenness of perceptual observation. This evidence shows that perception is theory-laden, but that it is only strongly theory-laden when the perceptual evidence is ambiguous or degraded, or when it requires a difficult perceptual judgment. We argue that debates about the theory-ladenness issue have focused too narrowly on the issue of perceptual experience, and that a full account of the scientific process requires an examination (...) of theory-ladenness in attention, perception, data interpretation, data production, memory, and scientific communication. We conclude that the evidence for theory-ladenness does not lead to a relativist account of scientific knowledge. (shrink)