Metaethical Mooreanism is the view that without being able to explain how we know certain moral claims we can nevertheless be sure that we do know them. In this paper I focus on the Moorean argument against moral error theory. I conclude that it fails. To show this failure, I first distinguish Moorean claims from Moorean arguments, and then so-called presumptive support from dialogical support. With these distinctions in place, I argue that the key Moorean claim requires dialogical support in (...) order to be used within the Moorean argument against moral error theory, but metaethical Mooreans have only provided presumptive support for the Moorean claim. Not only is this presumptive support inadequate for fending off the moral error theory, it is doubtful that Mooreans can actually provide dialogical support for the key Moorean claim. (shrink)

The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are (...) comparatively evaluated with the aim of working out a more comprehensive theory that can integrate the components of the argumentation structure on which they are based. It is shown that the notion of presumption has both a logical component and a dialectical component, and the new theory of presumption developed in the paper, called the dialogical theory, combines these two components. (shrink)

It furthers the dialectic when the opponent is clear about what motivates and underlies her critical stance, even if she does not adopt an opposite standpoint, but merely doubts the proponent’s opinion. Thus, there is some kind of burden of criticism. In some situations, there should an obligation for the opponent to offer explanatory counterconsiderations, if requested, whereas in others, there is no real dialectical obligation, but a mere responsibility for the opponent to cooperate by providing her motivations for being (...) critical. In this paper, it will be shown how a set of dialogue rules may encourage an opponent, in this latter type of situation, to provide her counterconsiderations, and to do so at an appropriate level of specificity. Special attention will be paid to the desired level of specificity. For example, the critic may challenge a thesis by saying “Why? Says who?,” without conveying whether she could be convinced by an argument from expert opinion, or from position to know, or from popular opinion. What are fair dialogue rules for dealing with less than fully specific criticism? (shrink)

Given a descriptive word, what is the nature of the relation between it and the features of the object to which it is supposed to apply? What is it that entitles one to assert ‘this is a horse’?A traditional answer has been in terms of ‘Merkmal’: a collection of features, or properties, severally necessary and Jointly sufficient for the application of the word in question. This relation - call it the Merkmal relation - between word and features is common to (...) a variety of theories of meaning that may otherwise be in disagreement about the status of the features themselves in their relation to the object: whether they be actual or believed, perceptual or ‘essential,’ phenomenal or ‘real,’ etc. (shrink)

In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, (...) the United Kingdom and elsewhere believing that such offences deny a defendant the right to establish that he did not engage in the conduct that the presumed offence probabilistically but not necessarily indicates. On closer analysis, however, such scepticism appears unjustified. Almost all offences, and indeed almost all legal rules, are premised on a probabilistic relationship between the behaviour the rule encompasses and the behaviour that is the rule-maker's real concern. Presumed offences may make this relationship especially obvious, but it is a relationship that exists whenever the law operates by the use of rules. (shrink)

Testimony is an indispensable source of information. Yet, contrary to ‘literalism’, speakers rarely mean just what they say; and even when they do, that itself is something the hearer needs to realize. So, understanding instances of testimony requires more than merely reading others' messages off of the words they utter. Further, a very familiar and theoretically well-entrenched approach to how we arrive at such understanding serves to emphasize, not merely how deeply committed we are to testimony as a reliable source (...) of information, but that epistemological questions about testimonial belief are – perhaps even must be – posterior to such a commitment. This result does not itself dictate any particular views on the epistemology of testimony. However, not only does the failure of literalism not support the view that the justificatory basis of testimony-based beliefs is importantly inferential; it in fact undermines a key premise in one important argument for the view that one needs independent, positive reasons for accepting a given testimonial report. More generally, the present paper illustrates how discussions of the epistemology of testimony might usefully interact with an examination of the epistemology of understanding. (shrink)

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on the presumption (...) of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)

According to the so-called presumption of equality, a person who does not know whether there is an acceptable reason for differential treatment should just presume the similarity of the cases and treat them equally. If we assume that the presumption of equality is an acceptable moral principle, at least when the allocation cannot be postponed and an equal distribution of goods is possible, then an important question arises: when exactly does the allocator have sufficient reasons for differential treatment and is (...) not relevantly ignorant? This is a question about the required strength of the “acceptable reasons” for differential treatment. It has been commonplace to think that the presumption of equality demands that the reasons that refute the presumption must be very strong and that differential treatment requires that there is a proper justification for the claim that the cases are relevantly different. I will argue, however, that refuting the presumption and solving the issue are two separate matters. A person can have good enough reasons for rejecting the presumption that the cases are relevantly similar without having reasons that she could present as a full justification for the claim that the cases are relevantly different. A precondition of the applicability of the presumption of equality is ignorance, but not ignorance in the sense of “not having a full justification”. (shrink)

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

ABSTRACT: What explains first-person authority? What explains the presumption that an utterance is true when it is a sincere intelligible determinate first-person singular simple present-tense ascription of intentional state? According to Rockney Jacobsen, self-ascriptions each enjoy a presumption of truth because they are systematically reliable. They are systematically reliable because they are typically both truth-assessable and expressive. Such self-ascriptions, if sincere, are certain to be true. This article presents a defence and a critique of Jacobsen's theory. It is argued that (...) the purported prevalence of expressive self-ascriptions is at best contingent. This contingency cannot explain why self-ascriptions are necessarily authoritative.RÉSUMÉ: Comment expliquer l'autorité de la première personne? Comment expliquer la présomption qu'un énoncé est vrai lorsque c'est une attribution d'un état intentionnel, sincère et intelligible, à la première personne du singulier de l'indicatif présent. Selon Rockney Jacobsen, les auto-attributions jouissent d'une présomption de vérité parce qu'elles sont systématiquement fiables. Elles sont systématiquement fiables parce qu'elles ont pour caractéristique d'être à la fois expressives et évaluables en termes de vérité. Si de telles auto-attributions sont sincères, elles sont certainement vraies. Cet article présente une défense et une critique de la théorie deJacobsen. L'auteur soutient que la prétendue prévalence des auto-attributions expressives est au mieux contingente. Cette contingence ne peut pas expliquer pourquoi il est nécessaire que les auto-attributions fassent autorité. (shrink)

Some argue against coercive preventive measures on the grounds that they amount to cloaked forms of punishment. Others offer a qualified defence of such measures on the grounds that such measures have substantively different goals and purposes from punishment. Focusing on the case of civil preventive injunctions, I clear the ground and provide reasons for a third logical possibility: that coercive preventive measures are relevantly similar to punishment, but this does not itself give us a reason to oppose them. ‘Punishment’ (...) has a great deal of rhetorical force, and it thereby distracts us from the justificatory work that we need to do to specify proper restrictions on the state’s coercive powers. Whereas many commentators have proposed that legal theory provides grounds for challenging civil preventive orders, I argue for the opposite view. If we understand properly the function of civil preventive orders, we will endorse them at least in principle, and will come to rethink some central ideas in the grounding of the criminal justice processes. (shrink)

According to a familiar (alleged) requirement on practical reason, one must believe a proposition if one is to take it for granted in reasoning about what to do. This paper explores a related requirement, not on thinking but on acting—that one must accept a goal if one is to count as acting for its sake. This is the acceptance requirement. Although it is endorsed by writers as diverse as Christine Korsgaard, Donald Davidson, and Talbot Brewer, I argue that it is (...) vulnerable to counterexamples, in which agents act in light of ends that they do not accept but are still merely considering. For instance, a young professional may keep a job option open not because she definitely wants or intends to take it, but just because she is considering taking it. I try to show that such examples are not easily resisted; that they present challenges specifically for Brewer, Davidson, and especially Korsgaard; and that the examples also raise fresh, non-partisan questions in action theory. What is considering, exactly? How could it fall short of acceptance while still guiding behaviour? How can we act for an end before thinking it through? (shrink)

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

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

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

Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...) acceptance of a proposition, which can be assessed as reasonable or unacceptable. Their dialectical function is described in terms of dark side commitments attributed to a collective "voice" representing what is commonly shared. For this reason, they count as attempts to include the presupposed contents into the hearer’s commitment store, which in some circumstances can reverse the burden of proof. The different manipulative strategies grounded on controversial presuppositions will be examined by showing the distinct roles that the latter play and the relationship between the degrees of presuppositional implicitness and the speaker’s burden of retraction. (shrink)

According to the pragmatic hypothesis testing theory, how much evidence we require before we believe something varies depending on the expected costs of falsely believing and disbelieving it. This theory has been used in the self-deception debate to explain our tendencies towards self-deceptive belief formation. This article argues that the application of this theory in the self-deception debate has overlooked the distinction between belief and acceptance, and that the theory in all likelihood models acceptance rather than belief, in which case (...) it is probably not relevant to the explanation of self-deception. It is suggested, however, that doxastic error costs might be relevant to explaining some types of self-deception, though they feature in an evolutionary explanation of it rather than a psychological one. (shrink)

In their extensive overview of various concepts of presumption Godden and Walton recognise “the heterogeneous picture of presumptions that exists in argumentation theory today”. I argue that this heterogeneity results from an epiphenomenal character of the notion of presumption. To this end, I first distinguish between three main classes of presumptions. Framework presumptions define the basic conditions of linguistic understanding and meaningful conversation. The “presumption of veracity” is their paradigm case. I argue that such presumptions are satisfactorily covered by the (...) Principle of Charity, or else Gricean maxims or satisfaction conditions for speech acts. Formal presumptions are general presumptive rules of argument, theorised as topoi or acceptable inference warrants, including institutional warrants. Material presumptions are acceptable outcomes of nested or outsourced arguments, which entitles arguers to use them as acceptable premises or opinions in further arguments without the typical burden of proof. If this is correct, then the study of presumption always collapses into the study of other, likely more fundamental, concepts. Does it render presumptions, by Occam’s Razor, altogether redundant in argumentation theory? I tentatively answer this question from a consistently conversational perspective on argumentation; I argue that the pragmatic grounds for presumptions are to be found in the conditions for speech act performance in the institutional social world, as developed by Searle. (shrink)

Elga (2010) argues that no plausible decision rule governs action with imprecise credences. I follow Moss (2015a) in claiming that the solution to Elga’s challenge is found in the philosophy of mind, not in devising a special new decision rule. Moss suggests that in decision situations that involve imprecise credences, we must identify with a precise credence, but she says little about identification. By reflecting on the common conception of identification and on what is necessary for Moss’s solution to succeed, (...) I argue that identifying with a precise credence is fundamentally accepting (in the sense of Bratman 1992; Cohen 1989) a proposition about probabilities. The norm on action with imprecise credences is then a special case of the general norm on action and acceptance. I delineate a number of attractive features of this position. (shrink)

– We offer a new motivation for imprecise probabilities. We argue that there are propositions to which precise probability cannot be assigned, but to which imprecise probability can be assigned. In such cases the alternative to imprecise probability is not precise probability, but no probability at all. And an imprecise probability is substantially better than no probability at all. Our argument is based on the mathematical phenomenon of non-measurable sets. Non-measurable propositions cannot receive precise probabilities, but there is a natural (...) way for them to receive imprecise probabilities. The mathematics of non-measurable sets is arcane, but its epistemological import is far-reaching; even apparently mundane propositions are liable to be affected by non-measurability. The phenomenon of non-measurability dramatically reshapes the dialectic between critics and proponents of imprecise credence. Non-measurability offers natural rejoinders to prominent critics of imprecise credence. Non-measurability even reverses some of the critics’ arguments—by the very lights that have been used to argue against imprecise credences, imprecise credences are better than precise credences. (shrink)

From a philosophical standpoint, the work presented here is based on van Fraassen [26]. The bulk of that paper is organized around a series of arguments against the assumption, built into standard deontic logic, that moral dilemmas are impossible; and van Fraassen only briefly sketches his alternative approach. His paper ends with the conclusion that “the problem of possibly irresolvable moral conflict reveals serious flaws in the philosophical and semantic foundations of ‘orthodox’ deontic logic, but also suggests a rich set (...) of new problems and methods for such logic.” My goal has been to suggest that some of these methods might be found in current research on nonmonotonic reasoning, and that some of the problems may have been confronted there as well.I have shown that nonmonotonic logics provide a natural framework for reasoning about moral dilemmas, perhaps even more useful than the ordinary modal framework, and that the issues surrounding the treatment of exceptional information within these logics run parallel to some of the problems posed by conditional oughts. However, there is also another way in which deontic logic might benefit from a connection to nonmonotonic reasoning. A familiar criticism among ethicists of work in deontic logic is that it is too abstract, and too far removed from the kind of problems confronted by real agents in moral deliberation. It must be said that similar criticisms of abstraction and irrelevance are often lodged against work in nonmonotonic reasoning by more practically minded researchers in artificial intelligence; but here, at least, the criticisms are taken seriously. Nonmonotonic logic aims at a qualitative account of commonsense reasoning, which can be used to relate planning and action to defeasible goals and beliefs; and at least some of the theories developed in this area have been tested in realistic situations. By linking the subject of deontic logic to this research, it may be possible also to relate the idealized study of moral reasoning typical of the field to a more robust treatment of practical deliberation. (shrink)

I begin by reviewing classical semantics and the problems presented by normative conflicts. After a brief detour through default logic, I establish some connections between the treatment of conflicts in each of these two approaches, classical and default, and then move on to consider some further issues: priorities among norms, or reasons, conditional oughts, and reasons about reasons.

Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous (...) suggestion to be considered, then, is, if the potential donor has not registered either his willingness or his refusal to donate, the probabilities that he would or would not have preferred the removal of his organs need to be weighed. And in some actual cases the probability of the first alternative may be greater. This article considers whether the analogy to which this argument appeals is cogent, and concludes that there are important differences between the emergency and the organ removal cases, both as regards the nature of the interests involved and the nature of the right not to be treated without one’s consent. Rather, if opt-out systems are to be justified, the needs of patients with organ failure and/or the possibility of tacit consent should be considered. (shrink)

The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...) not necessarily important whether that degree of belief exceeds a particular threshold (e.g., ‘reasonable doubt’). We explore the consequences of this distinction for the role that the “burden of proof” has played in argumentation and in theories of fallacy. (shrink)

According to many forms of Externalism now popular in the Philosophy of Mind, the contents of our thoughts depend in part upon our physical or social milieu.1 These forms of Externalism leave unchallenged the thesis that the ~non-factive! attitudes we bear towards these contents are independent of physical or social milieu. This paper challenges that thesis. It is argued here that publicly forwarding a content as a supposition for the sake of argument is, under conditions not themselves guaranteeing the existence (...) of that state, sufficient for occupancy of the intentional state of supposing that content. Because a saying may literally create an intentional state, whether one is in such a state does not depend solely upon how things are within one’s skin. Rather, even leaving content fixed, the attitude borne toward that content depends in part upon what norms are in force in one’s milieu. (shrink)

Harry Collins' central argument about experimental practice revolves around the thesis that facts can only be generated by good instruments but good instruments can only be recognized as such if they produce facts. This is what Collins calls the experimenters' regress. For Collins, scientific controversies cannot be closed by the ‘facts’ themselves because there are no formal criteria independent of the outcome of the experiment that scientists can apply to decide whether an experimental apparatus works properly or not.No one seems (...) to have noticed that the debate is in fact a rehearsal of the ancient philosophical debate about skepticism. The present article suggests that the way out of radical skepticism offered by the so-called mitigated skeptics is a solution to the problem of consensus formation in science.Keywords: Argumentation; Skepticism; Sociology of science; Philosophy of science; Scientific controversies. (shrink)

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

How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.

This paper explores two persistent questions in the literature on presumptions: the place and the nature of presumptions in law and legal argumentation. These questions were originally raised by James Bradley Thayer, one of the masters of the Law of Evidence and the author of the classic chapter devoted this subject in A preliminary treatise on Evidence. Like Thayer, I believe that these questions deserve attention. First the paper shows that the connection between presumptions and argumentation is a constant feature (...) in the literature on presumptions, since its foundation in the Middle Ages to modern times. James Bradley Thayer was probably the last jurist who clearly saw that presumptions belong to argumentation. Second, the paper examines two sources of controversy in the language of presumptions. First, “presumption” is an ambiguous word in the legal discourse. As a result, it is almost impossible to provide a clear and succinct answer to the question “What is a presumption?”. Second, there are at least four reconstructions of the concept of presumption whose merits and shortcomings are relevant to explore. The analysis presented here may be of interest for legal and non-legal scholars and, hopefully, it may help to shed light on the possibilities and limits of an interdisciplinary dialogue about presumptions. (shrink)

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

Presumption is often discussed in law, less often in epistemology. Is it an attitude? If so where can we locate it within the taxonomy of epistemic attitudes? Is it a kind of belief, a judgment, an assumption or a supposition? Or is it a species of inference? There are two basic models of presumption: judgmental, as a kind of judgment, and legal, taken from the use of presumptions in law. The legal model suggests that presumption is a practical inference, whereas (...) the judgmental model suggests that presumption is an epistemic attitude. I argue that presumption is neither a practical inference nor a merely epistemic attitude: it involves both, within the category of what we may call the inquiring attitudes. (shrink)

Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous (...) suggestion to be considered, then, is, if the potential donor has not registered either his willingness or his refusal to donate, the probabilities that he would or would not have preferred the removal of his organs need to be weighed. And in some actual cases the probability of the first alternative may be greater. This article considers whether the analogy to which this argument appeals is cogent, and concludes that there are important differences between the emergency and the organ removal cases, both as regards the nature of the interests involved and the nature of the right not to be treated without one’s consent. Rather, if opt-out systems are to be justified, the needs of patients with organ failure and/or the possibility of tacit consent should be considered. (shrink)

One of the most controversial aspects in uncontrolled donation of organs after circulatory death is the initiation of preservation measures before death. I argue that in so-called opting-out systems only under very stringent conditions we might presume consent to the instauration of those measures. Given its current legal framework, I claim that this is not the case of Spain, a well-known country in which consent is presumed—albeit only formally—and where uDCD is currently practiced.

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

This paper argues that substantive ethical rules serve a critical ethical function, even in those cases where we should deviate from those rules. Assuming that the rules are valid provides decision-makers with the context essential to reaching a well-justified decision. Recognizing this helps to reconcile two attractive but incompatible positions regarding the evaluation of healthcare ethics consultants. The first position is that ethical rules can validly be used to evaluate the quality of consultants’ advice, ensuring conformity to standards promoted by (...) a significant portion of medical ethicists. The second position—the message of ethical particularism—is that we should not evaluate consultants according to strict rules, since good ethical advice may deviate from even the most carefully wrought moral rules. Steering a path between these extremes, I argue that we should evaluate the quality of consultations by examining whether consultants have communicated the relevant ethical rules to participants as ethical presumptions. In communicating presumptions, a consultant provides an indispensable ingredient to ethical decision-making, while leaving open the possibility that the ethical course of action involves violating the very ethical rules that one should presume. (shrink)

Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the presumption of innocence, fail.

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

The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...) have a closely analogous pragmatic function, i.e., that practical and cognitive presumptions are made to avoid greater harm in circumstances of epistemic uncertainty. By comparing schemes of practical and cognitive reasoning, I show that Rescher’s contention requires qualifications. Moreover, not only do practical and cognitive presumptions have distinct pragmatic functions, but they also perform different dialogical functions and, in some circumstances, cannot be defeated by the same kinds of evidence. Hence, I conclude that the two classes of presumptions merit distinct treatment in argumentation theory. (shrink)

Traditionally, a presumption is a dialogically privileged, yet defeasible proposition that allocates the burden of proof to a party who challenges it. This paper investigates the strength of presumptions. First, it explains how ‘strength’ contributes to defining the concept of presumption. Second, it provides an overview of (contextual, justificatory, and deontic) factors determining a presumption’s strength. Finally, it analyses the predominant view that defines strength in terms of the Challenger’s burden of proof: the stronger (weaker) the presumptionp, the more (less) (...) difficult it is to prove non-p. I argue that the latter proposal applies only to practical presumptions, and that strength is conceived differently for cognitive presumptions. (shrink)

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

Este artículo examina el rol del concepto de simplicidad cognitiva en la perspectiva de Leibniz sobre las presunciones. El tratamiento de Leibniz acerca de la conexión entre simplicidad y presunción puede aportar algo significativo a los enfoques contemporáneos sobre la plausibilidad de las presunciones. Esto se explica porque, a diferencia de los enfoques contemporáneos centrados en el lado pragmático de la simplicidad cognitiva, Leibniz ha procurado basarla en aquello que ocurre con mayor facilidad en la realidad. El filósofo se apoya (...) en los trabajos de los primeros juristas modernos que recomiendan presumir lo que corresponde a la naturaleza humana. Además, da un giro novedoso a esta idea invocando la noción de facilidad, que fundamenta en el marco de su ontología de los “requisitos”. En la toma de decisiones políticas, el precepto de Leibniz es que se deberían formar presunciones a favor del curso de acción que tiene menos requisitos en comparación con otros cursos alternativos. Asimismo, su presunción en favor del carácter justo de una acción está estrechamente relacionada con su concepción de facilidad. El resultado de estas consideraciones conducirá a superar la dicotomía existente entre simplicidad cognitiva y simplicidad ontológica. (shrink)

This article offers a functionalist account of trust. It argues that a particular form of trust—Communicated Interpersonal Trust—is paradigmatic and lays out how trust as a social practice in this form helps to satisfy fundamental practical, deliberative, and relational human needs in mutually reinforcing ways. We then argue that derivative (non-paradigmatic) forms of trust connect to the paradigm by generating a positive dynamic between trustor and trustee that is geared towards the realization of these functions. We call this trust’s proleptic (...) potential. Our functionalist approach does not only provide important insights into the practice of trust and its place in the broader web of social life, but also illuminates existing philosophical debates. First, pointing out how opposing theoretical accounts of trust each capitalise on only one of its functions, our paradigm-based approach reveals why they each contain a kernel of truth but are also deficient: the optimal realization of each function is tied to the existence of the other functions as well. Second, we show how a functionalist re-orientation can illuminate two recent disputes regarding (i) the question whether trust is explanatorily two- or three-place and (ii) whether (and to what extent) we can decide to trust others. (shrink)

From 26th to 28th of April 2016, it took place in the University of Granada a conference on presumptions, presumptive inferences and burdens of proof that, joint with other ongoing initiatives, has contributed to renew the interest of the argumentation community in analysing these notions and the relationships between them. This special volume of Argumentation consists of a selection of papers presented at this conference.

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

In this article I attempt to provide a conceptual framework for thinking about reliance in a systematic way. I argue that reliance is a cognitive attitude that has a tighter connection to the guidance of our thought and action than ordinary belief does. My main thesis is that reliance has a ‘constitutive aim’: namely, it aims at guiding our thought and action in a way that is sensible from the standpoint of practical or theoretical ends. This helps explain why reliance (...) is, in contrast to belief, typically formed and revised in response to pragmatic considerations. (shrink)

Epistemology is the study of knowledge and justified belief. Belief is thus central to epistemology. It comes in a qualitative form, as when Sophia believes that Vienna is the capital of Austria, and a quantitative form, as when Sophia's degree of belief that Vienna is the capital of Austria is at least twice her degree of belief that tomorrow it will be sunny in Vienna. Formal epistemology, as opposed to mainstream epistemology (Hendricks 2006), is epistemology done in a formal way, (...) that is, by employing tools from logic and mathematics. The goal of this entry is to give the reader an overview of the formal tools available to epistemologists for the representation of belief. A particular focus will be the relation between formal representations of qualitative belief and formal representations of quantitative degrees of belief. (shrink)