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Pragma-dialectical approaches to legal argumentation seem to be rather different from traditional approaches appealing to standards of propositional logic. Pragma-dialectical analysis of arguments by analogy and e contrario seem to fall foul to the rigors of logical analysis, in which problems or even concepts of analogy and e contrario seem to disappear. The brunt of both types of special legal argumentation appears to be borne by often implicit general principles and an appeal to the system of the law as a (...) |
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SummaryThis contribution offers an evaluation of e contrario reasoning in which the interpretation of a legal rule is based on the context of the law system (contextual e contrario reasoning). A model is presented which will show all the explicit and implicit elements of the argument at work and will also point out how these distinct parts are interrelated. By questioning the content and justificatory power of these elements, the weak spots in the argument can be laid bare. It will (...) |
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A work in the history of systematic philosophy that is itself animated by a systematic philosophic aspiration, this book by one of the most prominent American ... |
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This new work provides an approachable introduction to the complex system that Making It Explicit mapped out. |
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Part 1 of this exchange consists in a critique by Smith of Searle’s The Construction of Social Reality focusing on Searle’s use of the formula ‘X counts as Y in context C’. Smith argues that this formula works well for social objects such as dollar bills and presidents where the corresponding X terms (pieces of paper, human beings) are easy to identify. In cases such as debts and prices and money in a bank's computers, however, the formula fails, because these (...) |
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The aim of this article is to explore the problem of social ontology. The form that the exploration will take is a development of the argument that I presented in The Construction of Social Realty[2]. I will summarize some of the results of that book and then develop the ideas further. |
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John Searle began to discuss his recently published book `The Construction of Social Reality' with Anthony Freeman, and they ended up talking about God. The book itself and part of their conversation are introduced and briefly reflected upon by Anthony Freeman. Many familiar social facts -- like money and marriage and monarchy -- are only facts by human agreement. They exist only because we believe them to exist. That is the thesis, at once startling yet obvious, that philosopher John Searle (...) |
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