Leading contemporary argumentation theories such as those of Ralph Johnson, van Eemeren and Houtlosser, and Tindale, in their attempt to address rhetoric, tend to define rhetorical argumentation with reference to (a) the rhetorical arguer’s goal (to persuade effectively), and (b) the means he employs to do so. However, a central strand in the rhetorical tradition itself, led by Aristotle, and arguably the dominant view, sees rhetorical argumentation as defined with reference to the domain of issues discussed. On that view, the (...) domain of rhetorical argumentation is centered on choice of action in the civic sphere, and the distinctive nature of issues in this domain is considered crucial. Hence, argumentation theories such as those discussed, insofar as they do not see rhetoric as defined by its distinctive domain, apply an understanding of rhetoric that is historically inadequate. It is further suggested that theories adopting this understanding of rhetoric risk ignoring important distinctive features of argumentation about action. (shrink)
The paper calls for argumentation theory to learn from moral and political philosophy. Several thinkers in these fields help understand the occurrence of what we may call legitimate dissensus: enduring disagreement even between reasonable people arguing reasonably. It inevitably occurs over practical issues, e.g., issues of action rather than truth, because there will normally be legitimate arguments on both sides, and these will be incommensurable, i.e., they cannot be objectively weighed against each other. Accordingly, ‘inference,’ ‘validity,’ and ‘sufficiency’ are inapplicable (...) notions. Further distinctive features of pro and con arguments in practical argumentation are explored, and some corollaries are drawn regarding evaluative norms of legitimate dissensus. Examples from immigrationrelated public debates in Denmark are given. (shrink)
Douglas Walton has done extensive and valuable work on the concepts of presumption and practical reasoning. However, Walton’s attempt to model practical reasoning as presumptive is misguided. The notions of “inference” and of the burden of proof shifting back and forth between proponent and respondent are misleading and lead to counterintuitive consequences. Because the issue in practical reasoning is a proposal, not a proposition, there are, in the standard case, several perfectly good reasons on both sides simultaneously, which implies that (...) argument appraisal necessarily contains a subjective element—a fact argumentation theory needs to conceptualize. (shrink)
If there is a specifically rhetorical approach to argumentation, I believe it is one that studies argumentation that is specifically rhetorical. So if we want to ask, “What is the rhetorical approach to argumentation?” we should first ask, “What is rhetorical argumentation?” It is worthwhile focusing on this question because various misleading definitions of rhetorical argumentation have been in circulation for almost as long as rhetoric has existed. Some misleading definitions see the defining property of rhetorical argumentation in the arguer’s (...) aim. And that aim, which is often assumed to override all the arguer’s other considerations, is strategic: to persuade his hearer(s) by any available means and .. (shrink)
Political debate is a distinctive domain in argumentation, characterized by these features: it is about proposals for action, not about propositions that may have a truth value; there may be good arguments on both sides; neither the proposal nor its rejection follows by necessity or inference; the pros and the cons generally cannot, being multidimensional and hence incommen- surable, be aggregated in an objective way; each audience member must subjectively compare and balance arguments on the two sides; eventual consensus between (...) the debaters is not a reasonable requirement. From all this follows a view of the rhetor’s special obligation in democratic, deliberative rhetoric on which it becomes crucial, in the interest of the audience, that political debaters acknowledge good arguments on the opposite side and explain why, on balance, they deem the arguments favoring their own side to be stronger. (shrink)
We argue that although halal certification could potentially reduce the high transaction costs related to buying Islamic financial products, in practice these costs are just replaced by transaction costs relating to the certification itself. It takes considerable time (2–3 months) and money (USD 122.000) to obtain a halal certification. Partially, this is because the market is highly concentrated and non-contestable. About 20 individual Sharia scholars control more than half the market, with the top 3 earning an estimated USD 4.5 million (...) in fees per year. Moreover, this market seems plagued with problems, most notably a strong incentive for excessively lenient certification, lack of consensus on what is considered halal and sub-standard governance practices. We discuss solutions to these problems and conclude that a neutral non-profit government entity should assume the role of halal certifiers. (shrink)
Con base en la hipótesis de que las leyes son fuentes de legitimación de las relaciones de dominación existentes en las sociedades capitalistas, aunque contradictorias, y que en este contexto, el abogado como especialista en el manejo de la ley, tiene una mayor importancia, en este artículo analizo los discurso políticos y legales de los abogados que han actuado y/o actuan en la asesoría jurídica de la entidad oficial que representa a empleadores rurales en el Brasil, denominada “Confederação de Agricultura (...) e Pecuária do Brasil” (CNA). En particular, examinaré la retórica y los argumentos de sus principales demandas (laborales y fundiárias) en la coyuntura de la globalización neoliberal, que tuvo inicios a media-dos de 1980. (shrink)
The efforts of the European Commission to create a European Research Area in the field of biotechnology are accompanied by a growing demand for an ethical discourse. Cultural differences between the European Union's member states create a vital need to improve bioethical information structures in Europe so as to foster European bioethics discourses and to cope with ethical pluralism. Responding to the need for an increased European contribution to the international discussion on ethics in medicine and biotechnology, some of Europe's (...) leading bioethics institutions have joined forces to establish the international network EURETHNET . 18 partners from nine European countries agreed to develop an information network and knowledge base in the field of ethics in medicine and biotechnology. This short communication displays the aims, scope and realisation of the network. (shrink)
Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This paper surveys Card’s views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card’s insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS’s obscene program of trafficking in (...) women and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. This paper maintains that while exercising agency to elude evil and protect yourself often depends on an individual’s skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)
Scholarship in the multidisciplinary field of genocide studies often emphasizes body counts and the number of biological deaths as a way of measuring and comparing the severity and scope of individual genocides. The prevalence of this way of framing genocide is problematic insofar it risks marginalizing the voices and experiences of victims who may not succumb to biological death but nevertheless suffer the loss of family members and other loved ones, and suffer the destruction of relationships, as well as the (...) foundational institutions that give rise to and sustain those relationships. The concept of social death, which Claudia Card offers as the central evil of genocide, marks a radical shift in conceptualizing genocide and provides space for recovering the marginalized voices of many who suffer the evils of genocide but do not suffer biological death. Here her concept of social death is explored, defended, and criticized. (shrink)
Open Access: This essay argues that Claudia Card numbers among important contributors to nonideal ethical theory, and it advocates for the worth of NET. Following philosophers including Lisa Tessman and Charles Mills, the essay contends that it is important for ethical theory, and for feminist purposes, to carry forward the interrelationship that Mills identifies between nonideal theory and feminist ethics. Card's ethical theorizing assists in understanding that interrelationship. Card's philosophical work includes basic elements of NET indicated by Tessman, Mills, (...) and others, and further offers two important and neglected elements to other nonideal ethical theorists: her rejection of the “administrative point of view,” and her focus on “intolerable harms” as forms of “extreme moral stress” and obstacles to excellent ethical lives. The essay concludes that Card's insights are helpful to philosophers in developing nonideal ethical theory as a distinctive contribution to, and as a subset of, nonideal theory. (shrink)
Claudia Card did not live long enough to complete her work on surviving evils. Yet she left us an invaluable body of work on this topic. This essay surveys Card's views about the nature of evils and the ethical quandaries of surviving them. It then develops an account of survival agency that is based on Card's insights and in keeping with the agentic capacities exercised by Yezidi women and girls who have escaped from ISIS's obscene program of trafficking in (...) women and sexual violence. Card holds that true survival requires not only staying alive and as healthy as possible but also preserving your good moral character. The essay maintains that while exercising agency to elude evil and protect yourself often depends on your own skills and personality traits, exercising agency to restore or develop your moral character often depends on social support. (shrink)
Evil, Political Violence and Forgiveness: Essays in Honor of Claudia Card is a collection of new philosophical essays written in tribute to Claudia Card, exploring her leading theory of evil and other theories of evil. The collection brings together an international cohort of distinguished moral and political philosophers who mediate with Card upon an array of twentieth-century atrocities and on the nature of evil actions, persons and institutions.
This paper deals with Claudia Card's important contributions to a theory of evil that steps out from traditional models of thinking about this problem (theodicies, metaphysical theories, etc.). Instead, our author seeks to explore important elements from other theorists (such as Kant and Nietzsche) in order to build up her ideas of what she calls the "atrocity paradigm." This critical essay focuses mainly in the spaces where Card's conclusions need to rethink the limits and constraints of her theory.
Rather than focusing on political and legal debates surrounding attempts to determine if and when genocidal rape has taken place in a particular setting, this essay turns instead to a crucial, yet neglected area of inquiry: the moral significance of genocidal rape, and more specifically, the nature of the harms that constitute the culpable wrongdoing that genocidal rape represents. In contrast to standard philosophical accounts, which tend to employ an individualistic framework, this essay offers a situated understanding of harm that (...) features the importance of interdependence and relationality and that conceptualizes harms as embodied and contextual. The paper ultimately reveals what is distinctive about this particular crime of sexual violence by exploring the logic of genocidal rape: genocidal rape involves the harm of forced self-betrayal unleashed relationally, causing victims as representatives of their group to participate inadvertently in the destruction of that group. (shrink)
From the editor: On behalf of the editors of FPQ, I thank our colleagues for providing us their public addresses at the Celebration of Life of Professor Claudia Falconer Card of the University of Wisconsin-Madison, who died on Saturday, September 12, 2015. Claudia Card was the author of over one hundred articles and books, key works of moral and feminist philosophy including Confronting Evils: Terrorism, Torture, Genocide, The Atrocity Paradigm: A Theory of Evil, and The Unnatural Lottery: Character (...) and Moral Luck. She was the president of the Central division of the APA 2010-2011, which she often described as her favorite division of the APA. She earned her BA from UW-Madison, and her PhD in 1969 from Harvard University, as the advisee of John Rawls, whom she spoke of with affection as one of the most sensitive and generous of philosophers. I remain grateful to Claudia for being the sort of philosopher who helped her students, colleagues, and readers to confront our responsibilities, and the responsibilities of others, as she lived her own philosophy of taking responsibility for one’s own identity. K.J. Norlock. (shrink)
Latin American women’s filmmaking has an unprecedented international profile thanks to the films of the Peruvian director Claudia Llosa, and the Argentine directors Lucía Puenzo and Lucrecia Martel. What is frequently unacknowledged when discussing the work of these award-winning filmmakers is the fact that all of their films are co-productions with Europe, and that programmes such as Cinéfondation, a programme aligned with the Cannes film festival, the Hubert Bals Fund, the World Cinema Fund and Ibermedia have been instrumental in (...) their production. This article will tell this story through a discussion of the work of Claudia Llosa with an introduction to the issues raised by her award winning festival film Madeinusa, and a focus on La teta asustada/The Milk of Sorrow. It will consider the arguments of theorists who critique what they see as neo-colonial European interventions in ‘world cinema’, and those who celebrate the enabling work of the funding bodies. The chapter asks where can we pl... (shrink)
In this critical feminist exchange Laurie Naranch and Mary Caputi review my recently published book Power and Feminist Agency in Capitalism: Toward a New Theory of the Political Subject (2017, Oxford University Press), and I provide a response to their reviews.
: This paper deals with Claudia Card's important contributions to a theory of evil that steps out from traditional models of thinking about this problem (theodicies, metaphysical theories, etc.). Instead, our author seeks to explore important elements from other theorists (such as Kant and Nietzsche) in order to build up her ideas of what she calls the "atrocity paradigm." This critical essay focuses mainly in the spaces where Card's conclusions need to rethink the limits and constraints of her theory.
This paper deals with Claudia Card's important contributions to a theory of evil that steps out from traditional models of thinking about this problem . Instead, our author seeks to explore important elements from other theorists in order to build up her ideas of what she calls the "atrocity paradigm." This critical essay focuses mainly in the spaces where Card's conclusions need to rethink the limits and constraints of her theory.
: I briefly reprise a few themes of my bookMoral Understandingsin order to address some questions about responsibility and justification. I argue for a thoroughly situated and naturalized view of moral justification that warns us not to take moral universalism too easily at face value. I also argue for the significance of reports of experience, among other kinds of empirical evidence, in testing the habitability of moral forms of life.
I briefly reprise a few themes of my book Moral Understandings in order to address some questions about responsibility and justification. I argue for a thoroughly situated and naturalized view of moral justification that warns us not to take moral universalism too easily at face value. I also argue for the significance of reports of experience, among other kinds of empirical evidence, in testing the habitability of moral forms of life.