In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam by Larry Benjamin MillerKhaled El-RouayhebLarry Benjamin Miller. Islamic Disputation Theory: The Uses & Rules of Argument in Medieval Islam. Logic, Argumentation and Reasoning 21. Cham: Springer 2020. Pp. xviii + 143. Hardback, €77.99.Very few unpublished PhD dissertations have had a formative influence on a field. One of the precious few is Larry (...) Miller's Princeton dissertation from 1984 on Islamic disputation theory. It proposed an original and compelling account of the development of the discipline, from the earliest extant Arabic works in the tenth century to the composition of classic madrasa handbooks in the late thirteenth century. It has been cited regularly in the past decades and has served as the starting point for all later studies of Arabic/Islamic dialectics in European languages. The fact that it has finally been published is a fitting tribute to a study that is even more admirable for having been written when many of the primary sources were still only available as manuscripts.Part of the explanation for why the dissertation was not published sooner may be that its author did not pursue an academic career. And as he states in a short preface, he has not kept abreast of all relevant studies and editions that have appeared since his dissertation. A thorough revision and update has therefore not been possible. Though some minor corrections and revisions have been made, the book is still by and large the influential 1984 dissertation, now made available with a short introduction by Walter Young, one of the leading younger scholars in the field, along with helpful indices of proper names and subjects.Miller's narrative begins with Arabic works on disputation (jadal) by a number of theologians from the late ninth and tenth centuries, such as Ibn al-Rāwandī (d. 911), [End Page 518] al-Ash'arī (d. 935), and the Karaite Jewish scholar al-Qirqisānī (d. ca. 960). The basic assumption was that a questioner (sā'il) would ask a claimant (mu'allil) (i) what his view is; (ii) what the ground or reason ('illa) for that view is; (iii) the appropriateness of the ground/reason for the view; and (iv) to verify the ground/reason by showing it to be commensurate with the view. The ground/reason for the theological dialecticians was standardly an entity or property, not a premise. The reasoning tended to be informal and analogical, as opposed to explicitly making syllogistic deductions from quantified premises.Parallel to this theological tradition of jadal, there was an Arabic Aristotelian tradition that took its point of departure from Aristotle's Topics, translated into Arabic more than once in the period from the late eighth to the early tenth centuries. Though also often referred to as jadal, this tradition, represented by the writings of al-Farabi (d. 950), Avicenna (d. 1037), and Averroes (d. 1198), retained distinct features. It tended to deny any epistemic value to dialectics, instead seeing it as useful only insofar as it provided logical training. For the Aristotelian/Neoplatonic philosophers, the pursuit of truth was the preserve of demonstrative syllogism (burhān). Whereas the theological dialecticians envisaged a claimant (mu'allil) and a questioner (sā'il), with the burden of proof on the former, the philosophical tradition had a questioner (sā'il) seek, in the manner of Socratic elenchus, to elicit from a respondent (mujῑb) a series of answers that would allow the construction of a syllogism whose conclusion contradicted the respondent's initial position.From the time of al-Ghazali (d. 1111), Islamic theologians tended to take over the syllogistic ideal of reasoning from the philosophers, perhaps explaining why theological writings on jadal trail off after the eleventh century. The informal, analogical jadal tradition continued, however, in the writings of Islamic jurists. From the eleventh century, scholars such as Abū Isḥāq al-Shīrāzī (d. 1083) and al-Juwaynī (d. 1085) wrote works on jadal in which the examples are disputes about questions of Islamic law and the disputants are partisans of the various legal schools. This tradition of what Miller calls "juristic dialectics" (74, 95) later adopted some... (shrink)

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power (...) of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

The post-classical genre of the “protocols for dialectical inquiry and disputation” has its more proximate origins in the famed Risāla of Shams al-Dīn al-Samarqandī. The greater part of his conceptions and methodology, however, consists in a streamlining and universalizing of the more strictly juristic dialectic of his teacher Burhān al-Dīn al-Nasafī ; and this in turn draws on the highly logicized dialectic of Rukn al-Dīn al-ʿAmīdī and his teacher Raḍī al-Dīn al-Nīsābūrī. At the heart of methods in this (...) lineage, and carried forward by al-Samarqandī into the universal ādāb al-baḥth, are three truth-preserving logical relationships critical to the truth-seeking enterprise of dialectic: entailment, mutual negation or exclusion, and causal concomitance. The practical elaboration of these relations reveals a logic in action—a premodern dialogical logic for living disputation praxis. In fact, so critical were these to the dialectical enterprise that al-Samarqandī devoted a specialized treatise entirely to summarizing their defining features and rules, aptly naming it the ʿAyn al-Naẓar, or “Wellspring of Rational Investigation.” In this article, and drawing upon a recently published digital critical edition, I will present an analytical outline of these core logical relations as presented in the ʿAyn al-Naẓar. Then I will address a number of points of interest in this text, grouped under six themes: the potential for cross-disciplinary advancement; notions in discursive development; significant or uniquely contributive formulations; peculiarities of content; signs of an evolving, universalist agenda; and evidence that the ʿAyn al-Naẓar was designed as an aide-mémoire for the active disputant. (shrink)

The post-classical (or post-Avicennan, post-Rāzian) genre of the “protocols for dialectical inquiry and disputation” (ādāb al-baḥth wa-l-munāẓara) has its more proximate origins in the famed Risāla of Shams al-Dīn al-Samarqandī (d. 722/1322). The greater part of his conceptions and methodology, however, consists in a streamlining and universalizing of the more strictly juristic dialectic (jadal / khilāf) of his teacher Burhān al-Dīn al-Nasafī (d. 687/1288); and this in turn draws on the highly logicized dialectic of Rukn al-Dīn al-ʿAmīdī (d. (...) 615/1218) and his teacher Raḍī al-Dīn al-Nīsābūrī (d. 617/1220). At the heart of methods in this lineage, and carried forward by al-Samarqandī into the universal ādāb al-baḥth, are three truth-preserving logical relationships critical to the truth-seeking enterprise of dialectic: entailment (talāzum / mulāzama), mutual negation or exclusion (tanāfin / munāfā), and causal concomitance (dawarān). The practical elaboration of these relations reveals a logic in action—a premodern dialogical logic for living disputation praxis. In fact, so critical were these to the dialectical enterprise that al-Samarqandī devoted a specialized treatise entirely to summarizing their defining features and rules, aptly naming it the ʿAyn al-Naẓar, or “Wellspring of Rational Investigation.” In this article, and drawing upon a recently published digital critical edition, I will present an analytical outline of these core logical relations as presented in the ʿAyn al-Naẓar. Then I will address a number of points of interest in this text, grouped under six themes: the potential for cross-disciplinary advancement; notions in discursive development; significant or uniquely contributive formulations; peculiarities of content; signs of an evolving, universalist agenda; and evidence that the ʿAyn al-Naẓar was designed as an aide-mémoire for the active disputant. (shrink)

Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ (Islamic Disputation Theory) particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn al-Kātibī. Although (...) no mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum (implication), tanāfī (incompatibility) and dawarān (concomitance). A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ (Islamic Disputation Theory) particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn al-Kātibī. Although (...) no mention of such a book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum (implication), tanāfī (incompatibility) and dawarān (concomitance). A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

Qiyās, or “correlational inference” (often glossed as “analogy”), comprises a primary set of methodological tools recognized by a majority of premodern Sunnī jurists. Its elements, valid modes, and proper applications were the focus of continual argument and refinement. A particular area of debate was the methodology of determining or justifying the ʿilla: the legal cause (or occasioning factor, or ratio legis) giving rise to a ruling in God’s Law. This was most often discussed (and disputed) under the rubric of “the (...) modes of causal justification” (masālik al-taʿlīl). Among these modes was the much debated test of dawarān (concomitance of presumed cause and effect). In brief, proponents of dawarān employed it to justify claims that a property (waṣf) occasioned the ruling (ḥukm) in an authoritative source-case (aṣl). In concert with other considerations, the demonstrated co-presence (ṭard) and co-absence (ʿaks) of property and ruling—that is, their concomitance “in existence” (wujūdan) and “in nonexistence” (ʿadaman)— was taken as an indication that the property was the ruling’s ʿilla. Delving further into dawarān and causation (ʿilliyya), the current study interprets “in existence” and “in nonexistence” not as a kind of metaphor for true and false (within the framework of a classical truth-functional formal semantics), but as an accurate terminology vis-à-vis the meaning of causality statements, fully compatible with dominant Islamicate views on causal agency. In brief, a deeper logical and linguistic analysis of the different existential modes of dawarān strongly suggests that we should distinguish property (or phenomenon) and ruling (or effect) as types (concepts or propositions linguistically expressed by a sentence) as opposed to tokens (instantiations of the type; the real, ontological events that verify the proposition). Our reading of dawarān as shaped by a finer-grained structure not only allows us to identify the efficient occasioning process as a function which takes some particular token of the ʿilla (arguably, the property or properties which provide the ruling’s material cause) and renders a token of the general ruling type, but it allows us to elucidate the role of taʿlīl (causal justification) in shaping an epistemological theory of argument to the best explanation: a sophisticated, premodern manifestation of abductive reasoning. (shrink)

Lorenzo Valla (1407–1457) ranks among the greatest scholars and thinkers of the Renaissance. He secured lasting fame for his brilliant critical skills, most famously in his exposure of the “Donation of Constantine,” the forged document upon which the papacy based claims to political power. Lesser known in the English-speaking world is Valla's work in the philosophy of language—the basis of his reputation as the greatest philosopher of the humanist movement. Dialectical Disputations, translated here for the first time into any (...) modern language, is his principal contribution to the philosophy of language and logic. With this savage attack on the scholastic tradition of Aristotelian logic, Valla aimed to supersede it with a new logic based on the actual historical usage of classical Latin and on a commonsense approach to semantics and argument. Valla provides a logic that could be used by lawyers, preachers, statesmen, and others who needed to succeed in public debate—one that was stylistically correct and rhetorically elegant, and thus could dispense with the technical language of the scholastics, a “tribe of Peripatetics, perverters of natural meanings.” Valla's reformed dialectic became a milestone in the development of humanist logic and contains startling anticipations of modern theories of semantics and language. Volume 1 contains Book I, in which Valla refutes Aristotle's logical works on the categories, transcendentals, and predicables, with excursions into natural and moral philosophy and theology. (shrink)

Qiyās, or “correlational inference”, comprises a primary set of methodological tools recognized by a majority of premodern Sunnī jurists. Its elements, valid modes, and proper applications were the focus of continual argument and refinement. A particular area of debate was the methodology of determining or justifying the ʿilla: the legal cause giving rise to a ruling in God’s Law. This was most often discussed under the rubric of “the modes of causal justification”. Among these modes was the much debated test (...) of dawarān. In brief, proponents of dawarān employed it to justify claims that a property occasioned the ruling in an authoritative source-case. In concert with other considerations, the demonstrated co-presence and co-absence of property and ruling—that is, their concomitance “in existence” and “in nonexistence” — was taken as an indication that the property was the ruling’s ʿilla. Delving further into dawarān and causation, the current study interprets “in existence” and “in nonexistence” not as a kind of metaphor for true and false, but as an accurate terminology vis-à-vis the meaning of causality statements, fully compatible with dominant Islamicate views on causal agency. In brief, a deeper logical and linguistic analysis of the different existential modes of dawarān strongly suggests that we should distinguish property and ruling as types as opposed to tokens. Our reading of dawarān as shaped by a finer-grained structure not only allows us to identify the efficient occasioning process as a function which takes some particular token of the ʿilla and renders a token of the general ruling type, but it allows us to elucidate the role of taʿlīl in shaping an epistemological theory of argument to the best explanation: a sophisticated, premodern manifestation of abductive reasoning. (shrink)

It is shown that Aristotelian dialectic can be analyzed as having two parts: a core formal model that has a formal dialogue structure and a set of ten definable supplementary characteristics that lie outside the core structure. Some current argumentation tools used in artificial intelligence and multi-agent systems are applied to the task of extending the core formal model to include the supplementary characteristics. Using these tools it is explained how the structure of a dialogue can be mapped into an (...) argument diagram that can be analyzed and evaluated using standard argumentation techniques such as argumentation schemes, types of dialogue, critical questions and a dialectical concept of burden of proof. Disputed issues on how the elenchus fits the standard dialogue typology are discussed, and it is concluded that it fits best into a type of dialogue called examination dialogue that is closely related to persuasion dialogue. (shrink)

The Dialectical Forge: Juridical Disputation and the Evolution of Islamic Law. By Walter Edward Young. Logic, Argumentation and Reasoning, vol. 9. Cham, Switzerland: Springer, 2017. Pp. xiv + 643. $149.99, €124.79 ; $109, €101.14.

Ḥanafī jurist Burhān al-Dīn al-Nasafī is one of the most prominent names in the history of the ʿilm al-naẓar’ particularly due to his seminal work entitled al-Fuṣūl. We have located a manuscript which we will call an Opponent-al-Fuṣūl written by a Shāfiʿī scholar. This manuscript is titled al-Risāla fī qawāʿid ʿilm al-naẓar and it highlights the importance of al-Nasafī’s al-Fuṣūl. The scribe of the manuscript attributes this Opponent-al-Fuṣūl to the famous logician Najm al-Dīn al-Kātibī. Although no mention of such a (...) book belonging to al-Kātibī has been discovered thus far, in this article we will try to demonstrate that the book does indeed belong to him. In addition, we will undertake a comparison of both works, al-Fuṣūl and the Opponent-al-Fuṣūl, with a particular focus on the concepts of talāzum, tanāfī and dawarān. A critical edition of the Opponent-al-Fuṣūl is appended to the article. (shrink)

tational background of dialectic: the structure of formal disputation. Formal disputation Perhaps the clearest, and surely historically the most prominent, ...

This dissertation is an analysis of the development of dialectic and argumentation theory in post-classical Islamic intellectual history. The central concerns of the thesis are; treatises on the theoretical understanding of the concept of dialectic and argumentation theory, and how, in practice, the concept of dialectic, as expressed in the Greek classical tradition, was received and used by five communities in the Islamic intellectual camp. It shows how dialectic as an argumentative discourse diffused into five communities (theologicians, poets, (...) grammarians, philosophers and jurists) and how these local dialectics that the individual communities developed fused into a single system to form a general argumentation theory (adab al-bahth) applicable to all fields. I evaluate a treatise by Shams al-Din Samarqandi (d.702/1302), the founder of this general theory, and the treatises that were written after him as a result of his work. I concentrate specifically on work by Adud al-Din al-Iji (d.756/1355), Sayyid Sharif al-Jurjani (d.816/1413), Taşköprüzâde (d.968/1561), Saçaklızâde (d.1150/1737) and Gelenbevî (d.1205/1791) and analyze how each writer (from Samarqandi to Gelenbevî) altered the shape of argumentative discourse and how later intellectuals in the post-classical Islamic world responded to that discourse bequeathed by their predecessors. What is striking about the period that this dissertation investigates (from 1300-1800) is the persistence of what could be called the linguistic turn in argumentation theory. After a centuries-long run, the jadal-based dialectic of the classical period was displaced by a new argumentation theory, which was dominantly linguistic in character. This linguistic turn in argumentation dates from the final quarter of the fourteenth century in Iji's impressively prescient work on 'ilm al-wad'. This idea, which finally surfaced in the post-classical period, that argumentation is about definition and that, therefore, defining is the business of language—even perhaps, that language is the only available medium for understanding and being understood—affected the way that argumentation theory was processed throughout most of the period in question. The argumentative discourse that started with Ibn al-Rawandi in the third/ninth century left a permanent imprint on Islamic intellectual history, which was then full of concepts, terminology and objectives from this discourse up until the late nineteenth century. From this perspective, Islamic intellectual history can be read as the tension between two languages: the "language of dialectic" (jadal) and the "language of demonstration" (burhan), each of which refer not only to a significant feature of that history, but also to a feature that could dramatically alter the interpretation of that history. (shrink)

Widely regarded as the founder of the Islamic philosophical tradition, and as the single greatest philosophical authority after Aristotle by his successors in the medieval Islamic, Jewish, and Christian communities, Alfarabi was a leading figure in the fields of Aristotelian logic and Platonic political science. The first complete English translation of his commentary on Aristotle's Topics, Alfarabi's Book of Dialectic, or Kitāb al-Jadal, is presented here in a deeply researched edition based on the most complete Arabic manuscript sources. David M. (...) DiPasquale argues that Alfarabi's understanding of the Socratic art of dialectic is the key prism through which to grasp his recovery of an authentic tradition of Greek science on the verge of extinction. He also suggests that the Book of Dialectic is unique to the extent to which it unites Alfarabi's logical and political writings, opening up novel ways of interpreting Alfarabi's influence. (shrink)

In this book two of the leading figures in argumentation theory present a view of argumentation as a means of resolving differences of opinion by testing the acceptability of the disputed positions. Their model of a 'critical discussion' serves as a theoretical tool for analysing, evaluating and producing argumentative discourse. They develop a method for the reconstruction of argumentative discourse that takes into account all aspects that are relevant to a critical assessment. They also propose a practical code of (...) behaviour for discussants who want to resolve their differences in a reasonable way. This is a major contribution to the study of argumentation and will be of particular value to professionals and graduate students in speech communication, informal logic, rhetoric, critical thinking, linguistics, and philosophy. (shrink)

Classical Arabic poetry, which constitutes an important aspect of Islamic Civilization, has an important function in understanding Islamic texts, especially the Qur'an and hadith. In this context, the poetry of Jahiliyyah, which is the source of the Qur'an's style and expressive power (expression/utterance), is important in terms of having the mentioned function.The work, which was introduced, fills a significant gap in the field by referring to the contacted function of the poem of Jahiliyyah in a theoretical and practical sense. The (...) work analyzes selected eulogies from the poems of important poets of the Jahiliyyah period in a deep way, taking into account the morphological and syntactic functions of the language. The work, which refers to the elements that should be considered in the analysis of poetry through the texts, draws attention with its didactic and dialectical style, on which the taste for language is based. (shrink)

Muhammad Arsyad Al-Banjari who lived from 1710 to 1812 in Borneo, Indonesia, applied a model of integrating uses of the Banjarese tradition into Islamic Jurisprudence based on a dialectical constitution of qiyās, the legal argumentation theory for parallel reasoning and analogy, he learned from the Shāfi‘ī-school of jurisprudence (uṣūl al-fiqh). Our paper focuses in the model of integration proposed and practiced by Al-Banjari, a rational debate grounded on a dynamic view on legal systems. We will illustrate the method (...) with the help of two different kinds of qiyās deployed by Al-Banjari in order to argue for the rejection of some traditional Banjarese offering-rituals for avoiding disease or calamities (manyanggar and mambuang pasilih), and for the acceptance of the use of consuming the traditional drink called lahang made of the juice of sugar-palm. As our dialogical reconstruction shows, the development of the debates, particularly the first one, is quite sophisticated, with a Banjarese opponent that does not surrender easily to the rejection of his use of those rituals. (shrink)

This paper considers how a Shi’a Islamic perspective of wisdom can inform contemporary business ethics theory. Given the growing business ethics literature that adopts an Islamic orientation, it is vital that Islamic tenets in a business context are established. Thus, this paper thoroughly researches the tenets of Shi’a wisdom theory using a hermeneutic analysis, guided also by Iranian theological scholars of ancient Persian and Arabic foundational texts, to provide a comprehensive explanation of the foundations of Shi’a faith relevant (...) to business ethics. Having established the principles of Shi’a wisdom, we outline points of consonance and dissonance in comparison to the Western humanist, primarily Aristotelian, orientations to wisdom. Although identifying apparently irreconcilable differences, this analysis reveals important elements of Shi’a wisdom theory that can significantly invigorate and influence business ethics theory. (shrink)

One of the epistemological results emerging from this initial study, is that the different forms of co-relational inference, known in the Islamic jurisprudence as qiyās represent an innovative and sophisticated form of reasoning that not only provide new epistemological insights of legal reasoning in general but they also furnish a fine-grained pattern for parallel reasoning that can be deployed in a wide range of problem-solving contexts and that does not seem to reduce to the standard forms of analogical argumentation studied (...) in contemporary philosophy of science. More specifically the main claim is that a dialectical framework provides the right instrument to stress two of the most salient features of this form of inference: (1) it's heuristic nature and (2) the dynamics underlying the meaning-explanation of the terms involved. Both display what we take to be the main epistemological idea behind the qiyās, namely: the open texture of the meaning of normative statements. To put it more generally, the notion of co-relational inference suggests that every form of parallel reasoning based on meaning presupposes that the concept of meaning involved is open to contextual changes. Moreover the latter indicates that the whole process deployed is intrinsically dialectic. (shrink)

These two small works are a good supplement to Rescher’s recent trilogy. Whereas the systems-theoretic approach is employed in Methodological Pragmatism in dealing with the problem of the legitimation of claims to factual knowledge or cognitive rationality, Dialectics deals with the argumentation aspect of thesis-introduction rather than the logical aspect of thesis-derivation. Although some key notions such as the idea of burden of proof and presumption have been stated in the former work, what is offered here is a systematic discussion (...) of a disputational model of inquiry. The principal aims are "to exhibit the sociocommunal roots of the foundations of rationality, to provide an instrument for the critique of scepticism implicit in the cognitive solipsism of the Cartesian approach, and to illuminate the communal and controversy-oriented aspects of rational argumentation and inquiry—scientific inquiry in particular." Again, Rescher limits his discussion to "the probative mechanism in the factual domain." This book, if it were not for its price, should be a good supplement to a course in "informal" logic which focuses on argumentation rather than on mere evaluation of arguments. Plausible Reasoning provides the mechanism for evaluation of plausibility claims as distinct from probabilistic ones. The basic differences between these two types of claims are clearly discussed. "Plausibility is essentially a classificatory concept which ranks theses in terms of the standing and solidity of their cognitive basis. Plausibility grades theses by an external or extrinsic standard of the hierarchical nature of their supporting bases. It classifies propositions by the status of the evidential sources or validating principles that vouch for them. Probability weighs alternatives and evaluates theses by this relative contentual weight of the supporting considerations."—A.S.C. (shrink)

J'examine le statut et la fonction des Catégories dans la philosophie d'Aristote.Le traité n'appartient ni à la philosophie première, ni même à la philosophie tout court, mais à la dialectique. Il ne s'agit pas d'une « discussion dialectique » de l'être, mais plutôt de dialectique en tant que tel : ce traité forme un ensemble avec les Topiques, qui a pour but d'aider le questionneur dans un débat dialectique à décider si le terme donné peut tomber sous la définition proposée (...) ou sous le genre proposé. Bien qu'il y ait un emploi philosophique des Catégories, tout comme de la dialectique en général, l'opposition prétendue entre la théorie de la substance des Catégories et celle de la Métaphysique est fondée sur une méconnaissance des buts différents des deux traités. I examine the status and function of the Categories in Aristotle's philosophy.The work does not belong to « first philosophy, » or indeed to philosophy at all, but to dialectic; not as a « dialectical discussion » of being, but in the strict sense that it is intended, together with the Topics, to help the dialectical disputant to decide whether a given term can fall under a proposed definition or a proposed genus. Although the Categories, like dialectic in general, has uses in philosophical argument, the supposed opposition between the accounts of substance in the Categories and in the Metaphysics depends on a misunderstanding of the different aims of the two works. (shrink)

This article investigates to what extent protocols for dynamicdisputes, i.e., disputes in which the information base can vary at differentstages, can be justified in terms of logics for defeasible argumentation. Firsta general framework is formulated for dialectical proof theories for suchlogics. Then this framework is adapted to serve as a framework for protocols fordynamic disputes, after which soundness and fairness properties are formulated for such protocols relative to dialectical proof theories. It then turns out that certaintypes of protocols (...) that are perfectly fine with a static information base, arenot sound or fair in a dynamic setting. Finally, a natural dynamic protocolis defined for which soundness and fairness can be established. (shrink)

This monograph proposes a new way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical (...) reasoning studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor. The second part of the volume deliberates on the system of correlational inferences by indication and resemblance. The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general. (shrink)

RésuméEst-il possible d'inventer une science qui définit les règles d'un débat éthique, logique et efficace? Shams al-Dīn al-Samarqandī, un logicien et juriste Ḥanafite, a jugé une telle entreprise possible. Il a assumé la tâche de développer une théorie générale de la discussion scientifique qui a eu un énorme succès dans les cercles d’études dans le monde musulman. Il a appelé la nouvelle discipline Ādāb al-baḥth wa-al-munāẓara, un ensemble de principes éthiques et logiques, empruntés à la logique aristotélicienne et à la (...) dialectique juridique musulmane. Son traité majeur, Risālat Ādāb al-baḥth, a initié une nouvelle discipline dans laquelle des douzaines de traités et de commentaires ont été rédigés. Dans cet article, il s'agit de mettre en lumière cette science négligée, de décrire sa structure, d'exposer ses fonctions et de souligner son importance pour le développement des débats et des dialogues intellectuels dans l'Islam médiéval tardif. (shrink)

This article investigates to what extent protocols for dynamicdisputes, i.e., disputes in which the information base can vary at differentstages, can be justified in terms of logics for defeasible argumentation. Firsta general framework is formulated for dialectical proof theories for suchlogics. Then this framework is adapted to serve as a framework for protocols fordynamic disputes, after which soundness and fairness properties are formulated for such protocols relative to dialectical proof theories. It then turns out that certaintypes of protocols (...) that are perfectly fine with a static information base, arenot sound or fair in a dynamic setting. Finally, a natural dynamic protocolis defined for which soundness and fairness can be established. (shrink)

This study presents an Islamic conception of sovereignty from mainstream Sunni theology by closely examining Ghiyāth al-umam fī iltyāth aẓ-ẓulam, the major political work of Abū al-Ma‘ālī al-Juwayn...

In this paper, a solution to the problem of analyzing burden of proof in argumentation is developed by building on the pioneering work of Erik C. W. Krabbe on metadialogues. Three classic cases of burden of proof disputes are analyzed, showing how metadialogue theory can solve the problems they pose. The solution is based on five dialectical requirements: (1) global burden of proof needs to be set at the confrontation stage of a dialogue, (2) there need to be (...) special mechanisms for resolving disputes about burden of proof at all four stages of the dialogue, (3) they are especially significant during the argumentation stage, where burden of proof often shifts back and forth at each move, (4) such local shifts need to be partly regulated by the global burden of proof already set, and (5) the connection between burden of proof and the speech act of making a presumption in a dialogue needs to be clarified. (shrink)

The article is concerned with the account of Aristotle's theory of disputation given by Robert Kilwardby in his commentary, composed in Paris during the 1240s, on Aristotle's Prior Analytics. Specifically, I show that Kilwardby covers demonstrative as well as dialectical disputations, and gives an elementary account of the rules governing such disputations, in their adversarial forms as well as in an idealized form where the interlocutors engage in a cooperative activity. I describe the resemblances and the differences (...) between disputations as theorized by Kilwardby and the game of obligationes as understood by some of his contemporaries. (shrink)

Computational dialectics is concerned with the formal representation of argument and dispute. The field emerged from developments in philosophy, artificial intelligence and legal theory. Its goal is to suggestalgorithms, procedures and protocols to investigate the tenability of logical claims, on the basis of information in the form of rules and cases. Currently, the field slowlyconverges to the opinion that dispute is the most fair and effective way to investigate claims. The basic assumption of this field is that dispute is (...) the most fair and effective way to investigate claims. The definition of a formal dispute varies throughout the literature, butis considered not to vary within one and the same logical system. In this paper it is shown that parts of the definition of a dispute may change within one logical system.To this end, the notion of partial protocol specification (PPS) is introduced. A PPS is a part of the definition of the protocol. A modification to the protocol, in the form of a PPS, can be put forward, disputed, established and incorporated as aneffective `point of order. The paper demonstrates the existence of self-undermining PPSs, it discusses the relevance of PPSs for dialectical models of legal argument and concludes with a description of how PPSs can be built into existing argumentation systems. (shrink)

Dialectics is the theory and method of cognition of reality, the science of the most general laws of development of nature, society and thought. The term "dialectics" has had different uses in the history of philosophy. Socrates regarded dialectics as the art of revealing the truth through the clash of opposing opinions, a means of conducting scholarly conversation leading to true definitions of concepts . Plato termed dialectics a logical method which, when employed in the analysis and synthesis of (...) concepts, provides knowledge of that which truly exists — the idea — the movement of thought from lower to higher concepts. The Sophists put the word "dialectics" in bad odor, calling it the art of presenting the false and dubious as the true , while the Megarians called dialectics the art of dispute . In Aristotle's philosophy, dialectics is a means of proof when one begins from propositions that are obtained from others, and the truth of which is unknown. Aristotle distinguished 3 types of inference: apodictic, which is suitable for scientific proof; dialectic, which is employed in argument; and eristic. In dialectical proof the point of departure is probable judgments, from which one arrives at probable conclusions. It is only by accident that truth may be found by dialectical inference. Eristic inference is inferior to dialectic, for it leads to conclusions that are only apparently true . In medieval philosophy the term "dialectics" was employed in the widest variety of meanings. Duns Scotus called dialectics a special teaching on the real; while Abelard called it the art of distinguishing between truth and falsehood . The term "dialectics" was employed in the sense of "logic" and sometimes it was understood to be the art of discussion. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with (...) the advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

This chapter analyzes traditional archetypes of divan literature—‘āşık (lover), ma‘şūk (beloved), and rakīb (opponent)—to show the presence of a dialectical discourse in classical Ottoman divan love poems. In both style and content divan poems display a comprehensive understanding of the postclassical Islamic philosophical conception of dialectic and argumentation theory, known as ādāb al-baḥth wa al-munāẓara. The focus on Ottoman love poetry and argumentation theory in this paper aims to demonstrate how the love poetry that developed in Ottoman (...) culture is more dialectical in form and content than Ottoman literary studies have recognized. (shrink)

This study investigates how dispute-mediators handle impasse in the re-negotiation of divorce decrees by divorced couples. Three sources of impasse and three strategies for handling impasse are identified based on analysis of mediation transcripts. The concern here lies not so much in the disputant's arguments but in the discussion procedures dispute-mediators use to craft the disputant's argumentation into a tool to solve conflict. Their moves are understood here as a practice of reconstructing argumentative discourse that is neither naïve nor critical (...) but reconstruction as design. Mediator's reconstruction reveals a type of communication work in contemporary societies involved in the crafting of forums and formats that mediate argumentative communication. This work is often invisible and strategic which makes its interpretation, judgment, and development a challenge for pragma-dialectical theory. How reconstruction as design can be understood is discussed by building on prior pragma-dialectical theory and research. (shrink)

Few ideas have played a more continuously prominent role throughout the history of philosophy than that of dialectic, which has figured on the philosophical agenda from the time of the Presocratics. The present book explores the philosophical promise of dialectic, especially in its dialogical version associated with disputation, debate, and rational controversy. The book s deliberations examine what lessons can be drawn to exhibit the utility of dialectical proceedings for the theory of knowledge in reminding us that (...) the building-up of knowledge is an interpersonally interactive enterprise subject to communal standards.". (shrink)

This article presents two short but complete treatises on legal theory. The first was written by Ibn Surayj as an addendum to his compendium on Shāfiʿī law, al-Wadāʾiʿ, and the second by Abū Bakr al-Khaffāf, who included it as an introduction to his legal text al-Aqsām wa-l-khiṣāl. An analysis of these texts reveals the existence of a self-conscious legal-theoretical discourse around the turn of the fourth/tenth century that connects al-Shāfiʿī’s Risāla with the so-called mature uṣūl tradition known from the (...) late fourth/tenth century onward. The analysis also sheds considerable light on developments in legal theory in this period, such as the emergence of the term ʿilla, the parallel rise of legal dialectics, the consequences of adopting the idea of waḍʿ, and generally the inclusion of theological concerns in legal theory. (shrink)

The general notion of the development of productive forces is, according to the materialist understanding of history, the point of departure for the solution of numerous concrete problems in Marxist-Leninist social theory and current revolutionary practice. It offers decisive arguments for the critique of Right and "Left" revisionism and reformism. In the course of the disputes that have recently begun in the Marxist economic and philosophical literature with regard to the basic questions involved in this problem, substantial gaps are (...) found specifically in the development of general theory. What is the internal contradiction moving within the forces of production; in what lies the distinction between their existence and essence, essence and appearance? A correct understanding of the processes involved in the resolution of this contradiction in real life, in revolutionary practice, depends upon attaining the utmost clarity with regard to these questions. (shrink)

What if in discussion the critic refuses to recognize an emotionally expressed argument of her interlocutor as an argument, accusing him of having presented no argument at all. In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a fallacy of non-argumentation. As such it is a very strong, if not the ultimate, criticism, which even carries the risk of abandonment of the discussion and can, therefore, not be made without burdening (...) oneself with correspondingly strong obligations. We want to specify the fallacies of non-argumentation and their dialectic, i.e., the proper way to criticize them, the appropriate ways for the arguer to react to such criticism, and the appropriate ways for the critic to follow up on these reactions. Among the types of fallacy of non-argumentation, the emphasis will be on the appeal to popular sentiments. Our aim is to reach, for cases of non-argumentation, a survey of dialectical possibilities. By making the disputants themselves responsible for the place of emotion in their dialogues, we hope to contribute to a further development of the theory of dialectical obligations. (shrink)

What if in discussion the critic refuses to recognize an emotionally expressed argument of her interlocutor as an argument, accusing him of having presented no argument at all. In this paper, we shall deal with this reproach, which taken literally amounts to a charge of having committed a fallacy of non-argumentation. As such it is a very strong, if not the ultimate, criticism, which even carries the risk of abandonment of the discussion and can, therefore, not be made without burdening (...) oneself with correspondingly strong obligations. We want to specify the fallacies of non-argumentation and their dialectic, i.e., the proper way to criticize them, the appropriate ways for the arguer to react to such criticism, and the appropriate ways for the critic to follow up on these reactions. Among the types of fallacy of non-argumentation, the emphasis will be on the appeal to popular sentiments . Our aim is to reach, for cases of non-argumentation, a survey of dialectical possibilities. By making the disputants themselves responsible for the place of emotion in their dialogues, we hope to contribute to a further development of the theory of dialectical obligations. (shrink)

I suggest that the theories of remembering one finds in the philosophy of memory literature are best characterised as theories principally operating at three different levels of inquiry. Simulationist views are theories of the psychofunctional process type remembering. Causalist views are theories of referential remembering. Epistemic views are theories of successful remembering. Insofar as there is conflict between these theories, it is a conflict of integration rather than—as widely presented—head‐on disagreement. Viewed in this way, we can see the previous awareness (...) condition and preservationism as principles applying at only some of the corresponding levels of inquiry. Where either principle has been rejected, it is, I claim, due to arguments which slip between these different levels. While the view of the landscape I offer does not dissolve ongoing disputes about the nature of remembering, it clarifies the dialectical rules of engagement, helping to clear the path for future, collaborative progress to be made. The view enables us to see less conflict in the recent philosophy of memory literature than there seems at face value to be. (shrink)

The problem of human freedom have been addressed by al-Mutakallimūn (Islamic theologians) in the context of human acts and discussed from the point of view its relation with the will and other elements. At this point, whether the human has will and power in his own act, the limits of his will and power, the role of human in the act and his responsibilities have prompted to different debates. The theory of tawlīd put forward by Mu‘tazila is very crucial (...) in terms of determining the scope and limits of the freedom of human in acts. Mu‘tazila’s tawlīd theory defenses based on two important reasons. The first is to present the nature and limits of the acts that man did them outside himself. The other is to explain the relationship of human with such acts with regards to moral responsibility. Because both issues are very important in the principle of justice of Mu‘tazila. The effort to put the cause-effect relationship of human with his acts in terms of tawhīd and justice on the rational and moral ground is the reason for emergence of the theory. In this respect, the purpose of this theory which enables establishing a causality relationship between the human act and nature is aimed at the justification of freedom and responsibility between agent (fā‘il) and act.In this study, firstly, the definition of the concept of tawlīd and its meaning area have been presented and tackled the discussions about the agent of indirect acts. And then it has been discoursed upon the criticisms of Ahl al-Sunna about the subject of tawlīd. The subject has been outlined in the context of the intellectual discussion between Ahl al-Sunna and Mu‘tazila which constitute the dominant part of theological dispute tradition. In this respect, the main purpose of the study is to reveal how the limits of indirect actions belonging to human by force of freedom and moral responsibility are drawn and understood.Although they did not have a uniform thought about the topic, Mu‘tazila theologians who accepted semi-determinism in the theory of tawlīd acknowledged the existence of natures in the substances. Those who admitted the reason as a means of the act did not approve this. By accepting the continuity of the accidents in the acts, they twisted together the voluntary acts and the natural acts, and accepted that directly acts were realized through the human will and the other according to the principle of necessity. According to Mu‘tazila, causes are only means. Hence, the act emerging as a result of the means is the act of the agent who used this means to reach the result, not the means. Therefore, man is the agent of engendered acts and responsible for all kinds of acts that arise as a reflection of the will and their consequences. While Ahl al-Sunna has directly associated the action of man and all its consequences with the power of Allah, Mu‘tazila has based these actions on the power of man, which Allah has created in man and has been the source of the acts. Contrary to Mu‘tazila, the continuance of power which are not a constant accident is not possible for a second act from the point of Ahl al-Sunna since they have accepted the idea that the accidents will not be continuous. In this respect, according to Ahl al-Sunna, there is no compulsory relationship between the agent that caused the formation of the acts and the result supervening from them. They did not accept the idea of tawlīd, which its meaning is that accident gives birth to accident, because it would oblige the relationship between cause and effect. Because this relationship, which Mu‘tazila gives the name of tawlīd in human acts, is made up for that Allah has created His laws right after the orientation of human to the cause. In this respect, Ahl al-Sunna thinkers rejected tawlīd because it would mean attributing an act to an inanimate being and require a mandatory relationship between cause and effect in the functioning of the universe. Although the result does not occur with his own act when the person applies to the cause, he is responsible for his act because it is related to the person who did it. Māturīdī tradition did not accept the acts that emerged as a result of tawlīd as the production of man, but they tried to establish a balance by holding the person responsible because he is the reason for the outcome that emerged. As for the Ash‘arites, they avoided giving a real effect of the will and power to the causes by considering that created will and power is only a locus in the emergence of the act. The person has no effect on his act except for directing his will to that act and his behavior which will make the person responsible is based on this will. (shrink)

This paper proposes a reading of Galileo’s Letter to the Grand Duchess Christina as analogous to a legal brief submitted to a court en banc. The Letter develops a theory of the general issues underlying the case at hand, but it is organized around advocacy for a particular judgment. I have drawn two architectonic implications from this framework, each of which helps to resolve an issue still standing in the literature. First, the Letter anticipates varying degrees of acquiescence to (...) its general account, and provides ‘hooks’ for different readers to interpret variously while still converging on the particular judgment. This reading allows for a coherent Galilean interpretation of passages that notoriously concede priority to Scripture, while also explaining their dialectical function. Galileo is neither self-contradictory nor dissimulating here, but strategically leaves the specification of key distinctions for the reader. Second, the Letter, and particularly its apparent shifting of the burden of proof, must be understood in light of the tripartite ‘adversarial-judicial’ framework that Galileo sets up. The burden of proof is shifted to anti-Copernicans within the Church, not as a rhetorical trick, but because of the benefits of adversarial procedure that will accrue to the Church as the responsible judge. (shrink)

This essay proposes a design perspective on argumentation, intended as complementary to empirical and critical scholarship. In any substantive domain, design can provide insights that differ from those provided by scientific or humanistic perspectives. For argumentation, the key advantage of a design perspective is the recognition that humanity’s natural capacity for reason and reasonableness can be extended through inventions that improve on unaided human intellect. Historically, these inventions have fallen into three broad classes: logical systems, scientific methods, and disputation (...) frameworks. Behind each such invention is a specifiable “design hypothesis”: an idea about how to decrease error or how to increase the quality of outcomes from reasoning. As problems in contemporary argumentation practice become more complex, design thinking rises in relevance and importance. A design research agenda in argumentation would focus on theorizing design innovations and on evaluating design hypotheses. (shrink)

Since antiquity, natural philosophers have struggled to comprehend the nature of three tightly interconnected concepts: space, time, and motion. A proper understanding of motion, in particular, has been seen to be crucial for deciding questions about the natures of space and time, and their interconnections. Since the time of Newton and Leibniz, philosophers’ struggles to comprehend these concepts have often appeared to take the form of a dispute between absolute conceptions of space, time and motion, and relational conceptions. This article (...) guides the reader through some of the history of these philosophical struggles. Rather than taking sides in the (alleged) ongoing debates, or reproducing the standard dialectic recounted in most introductory texts, we have chosen to scrutinize carefully the history of the thinking of the canonical participants in these debates — principally Descartes, Newton, Leibniz, Mach and Einstein. Readers interested in following up either the historical questions or current debates about the natures of space, time and motion will find ample links and references scattered through the discussion and in the Other Internet Resources section below. (shrink)

Building upon an ethnographic exploration of the pedagogy and alternative dispute resolution activities of an Islamic feminist movement in India called the Indian Muslim Women’s Movement, this article speaks to the tension between Saba Mahmood’s influential account of religion and gendered agency, and a liberal feminist conception of gender equality. Anthropological explorations of Muslim women’s pious commitments as well as liberal feminist engagements with religion and culture are premised upon a presumed dichotomy between ethical engagements with religion, and a commitment (...) to gender equality. Yet there is little analysis in existing scholarship of how gender equality is constituted by social movements premised on a religious identity, such as Islamic feminist movements. This article moves beyond thinking about gender equality merely as an abstract liberal normative good to explore how the discourse of gender equality is constituted in a movement that brings together everyday ethical commitments inspired by notions of piety and concerted everyday struggles against social and legal inequality. The ethnographic vignettes show how gender equality connotes social and legal equality between men and women premised on their equal spiritual status as God’s creations, their equal pious obligations irrespective of gender and the equal imperative of ethical conduct on both men and women based on Quranic values of compassion and justice. The pursuit of gender equality also entails reinterpretation of social norms in the light of ethical conduct, and an ethical commitment to collective struggle against gender discrimination in state and non-state forums. (shrink)

The paper addresses the manner in which the theory of Coalescent Argumentation [CA] has been received by the Argumentation Theory community. I begin (section 2) by providing a theoretical overview of the Coalescent model of argumentation as developed by Michael A. Gilbert (1997). I next engage the several objections that have been raised against CA (section 3). I contend that objectors to the Coalescent model are not properly sensitive to the theoretical consequences of the genuinely situated nature of (...) argument. I conclude (section 4) by suggesting that the resolution to the dispute between Gilbert and his objectors hinges on the outcome of several foundational theoretical questions identified over the course of the paper. (shrink)

One and a half months after Victor Hugo died in 1885, Beşir Fuad published a biography of him, in which Fuad defended Emile Zola’s naturalism and realism against Hugo’s romanticism. This resulted in the most important dispute in nineteenth-century Turkish literary history, the hakikiyyûn and hayâliyyûn debate, with the former represented by Beşir Fuad and the latter represented by Menemenlizâde Mehmet Tahir. This article focuses on the form of this debate rather than its content, and this focus reveals how the (...) tension between classical and post-classical Islamic intellectual history had become deeply embedded in Ottoman Turkish literary history by the late 1800s. This particular event demonstrates two points: that dialectical disputation was viewed negatively as a return to the seemingly primitive practices of an antiquated mentality, as opposed to the relatively enlightened apodictic argumentation ; and that trajectories of Ottoman Turkish literary history can be understood within the context of general Islamic intellectual history. (shrink)