Mené entre septembre 2019 et janvier 2020 par les designers Jürg Lehni et Douglas Edric Stanley au sein du Master Media Design de la Haute École d’Art & Design de Genève (HEAD – Genève), le workshop « Thinking Machines » prend comme point de départ l’automatisation des métiers de la création et le fantasme de machines « pensantes ». Ce projet examine, avec un brin d’ironie, un avenir où les designers seraient en mesure de cultiver les IA (...) et de s’extraire des fantasmes technologiques. En quoi le design pourrait-il contribuer à une critique de la culture dominante de l’IA? Comment inventer, par les pratiques de design, des alternatives soutenables? (shrink)

Each year since 1983 the American Council of Learned Societies has invited one of America's leading scholars to deliver the Haskins Lecture, in honor of Charles Homer Haskins, a distinguished scholar and teacher who was instrumental in the founding of the ACLS. In this volume, which commemorates the 75th anniversary of the ACLS, Douglas Greenberg and Stanley Katz bring together the lectures presented by ten of America's most distinguished scholars. Each lecture is a personal and intellectual glimpse into (...) the "life of learning" of such leading scholars as Maynard Mack, Annemarie Schimmel, and John Hope Franklin. The lectures focus on self-reflection of lives dedicated to learning, rather than on scholarship in the usual sense of the term. Ranging from being forced to learn Latin to painful memories of war and racism, the lecturers all recount stories from their eventful lives. Each offers thoughts on the body of work he or she has produced and the forces, personal and intellectual, that have shaped it. The scholars bring something of their disciplines to the lecture, sharing not only personal anecdotes but their love of learning. (shrink)

The willows and the hazel copses greenShall now no more be seenFanning their joyous leaves to thy soft lays.[Milton, Lycidas, Ll. 42-44] It is my thesis that the reader is always making sense , and in the case of these lines the sense he makes will involve the assumption of a completed assertion after the word "seen," to wit, the death of Lycidas has so affected the willows and the hazel copses green that, in sympathy, they will wither and die (...) . In other words at the end of line 43 the reader will have hazarded an interpretation, or performed an act of perpetual closure, or made a decision as to what is being asserted. I do not mean that he has done four things, but that he has done one thing the description of which might take any one of four forms—making sense, interpreting, performing perpetual closure, deciding about what is intended. Whatever he has done he will undo it in the act of reading the next line; for here he discovers that his closure, or making of sense, was premature and that he must make a new one in which the relationship between man and nature is exactly the reverse of what was first assumed. The willows and the hazel copses green will in fact be seen, but they will not be seen by Lycidas. It is he who will be no more, while they go on as before, fanning their joyous leaves to someone else's soft lays . Nature is not sympathetic, but indifferent, and the notion of her sympathy is one of those "false surmises" that the poem is continually encouraging and then disallowing. Stanley E. Fish, professor of English at Johns Hopkins University, is the author of John Skelton's Poetry, Surprised by Sin: The Reader in Paradise Lost, and Self-Consuming Artifacts: The Experience of Seventeenth-Century Literature. His other contributions to Critical Inquiry include "Facts and Fictions: A Reply to Ralph Rader" , "Normal Circumstances, Literal Language, Direct Speech Acts, the Ordinary, the Everyday, the Obvious, What Goes without Saying, and Other Special Cases" , "A Reply to John Reichert; or, How to Stop Worrying and Learn to Love Interpretation" , and "One More Time" . See also: "Professor Fish on the Milton Variorum" by Douglas Bush in Vol. 3, No. 1; "Stanley Fish's 'Interpreting the Variorum': Advance or Retreat?" by Steven Mailloux in Vol. 3, No. 1; "Interpreting 'Interpreting the Variorum'" by Stanley E. Fish in Vol. 3, No. 1. (shrink)

At the beginning of his essay on the phrases þing gehegan and seonoþ gehegan in Beowulf and Phoenix, Eric Stanley makes the following pessimistic statement about the fundamental uncertainties facing literary critics of Old English verse:After a century and a half of serious and informed Beowulf scholarship we have our orthodoxies of understanding and may even feel safe enough for literary criticism of points of detail requiring a familiarity with the overtones of the original which, I believe, we lack. (...) The study of the other long poems is less well developed, and the notes and commentaries on them are less full. Even so, for them too literary interpretations are advanced with hope of success, which would be courage if the exercise were dangerous. I wish to test the ice at two places; at one of them we have for a long time executed our more daring figurative skating, though I expect to find the ice thin; and the other place is similar to it, but less frequented.Stanley's argument has to do with our inability to perceive the stylistic nuances of such a distant time. The ice appears inviting but may not sustain us. In what follows I want to examine another area of fundamental uncertainty facing the modern critic of Old English verse: scribal performance. (shrink)

No one would deny that Mr. Fish is an acutely perceptive and provocative reader; nor, probably, would anyone deny his formidable prolixity, here as, on a large scale, in Self-Consuming Artifacts. A main reason seems to be that, while he charges formalists with "primarily sins of omission" , he does not recognize his own sins of commission. Formalists assume a degree of intelligence in readers; Mr. Fish seems to assume that they are mentally retarded and must have every idea laboriously (...) spelled out, as if their minds moved in unison with their lips. Whatever the occasional rewards, this assumption and procedure are not altogether winning. Douglas Bush, Gurney Professor of English literature emeritus at Harvard University, responds in this essay to Stanley E. Fish's "Interpreting the Variorum" . In addition to the Variorum Commentary on the Poems of John Milton, Professor Bush's many influential contributions include English Literature in the Earlier Seventeenth Century, John Milton, John Keats, and Jane Austen. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in the mass (...) media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. (shrink)

A "slippery slope argument" is a type of argument in which a first step is taken and a series of inextricable consequences follow, ultimately leading to a disastrous outcome. Many textbooks on informal logic and critical thinking treat the slippery slope argument as a fallacy. Walton argues that used correctly in some cases, they can be a reasonable type of argument to shift a burden of proof in a critical discussion, while in other cases they are used incorrectly. Walton identifies (...) and analyzes four types of slippery slope argument. Walton presents guidelines that show how each type of slippery slope argument can be used correctly or incorrectly, using over fifty case studies of argumentation on controversial issues. These include abortion, medical research on human embryos, euthanasia, the decriminalization of marijuana, pornography, and censorship, and banning of American flag burning. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

Second edition of the introductory guidebook to the basic principles of constructing sound arguments and criticising bad ones. Non-technical in approach, it is based on 186 examples, which Douglas Walton, a leading authority in the field of informal logic, discusses and evaluates in clear, illustrative detail. Walton explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and critical responses. This edition takes into (...) account many developments in the field of argumentation study that have occurred since 1989, many created by the author. Drawing on these developments, Walton includes and analyzes 36 new topical examples and also brings in work on argumentation schemes. Ideally suited for use in courses in informal logic and introduction to philosophy, this book will also be valuable to students of pragmatics, rhetoric, and speech communication. (shrink)

Argumentation, which can be abstractly defined as the interaction of different arguments for and against some conclusion, is an important skill to learn for everyday life, law, science, politics and business. The best way to learn it is to try it out on real instances of arguments found in everyday conversational exchanges and legal argumentation. The introductory chapter of this book gives a clear general idea of what the methods of argumentation are and how they work as tools that can (...) be used to analyze arguments. Each subsequent chapter then applies these methods to a leading problem of argumentation. Today the field of computing has embraced argumentation as a paradigm for research in artificial intelligence and multi-agent systems. Another purpose of this book is to present and refine tools and techniques from computing as components of the methods that can be handily used by scholars in other fields. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...) such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

In this volume, Douglas Yoder uses the tools of modern and postmodern philosophy and biblical criticism to elucidate the epistemology of the Tanakh, the collection of writings that comprise the Hebrew Bible. Despite the conceptual sophistication of the Tanakh, its epistemology has been overlooked in both religious and secular hermeneutics. The concept of revelation, the genre of apocalypse, and critiques of ideology and theory are all found within or derive from epistemic texts of the Tanakh. Yoder examines how philosophers (...) such as Spinoza, Hume, and Kant interacted with such matters. He also explores how the motifs of writing, reading, interpretation, image, and animals, topics that figure prominently in the work of Derrida, Foucault, and Nietzsche, appear also in the Tanakh. An understanding of Tanakh epistemology, he concludes, can lead to new appraisals of religious and secular life throughout the modern world. (shrink)

On September 1, 2023, Texas made important revisions to it its decades‐old statute granting legal safe harbor immunity to physicians who withhold or withdraw life‐sustaining treatment over the objection of critically ill patients’ surrogate decision‐makers. However, lawmakers left untouched glaring flaws in a key safeguard for patients—the transfer option. The transfer option is ethically important because, when no hospital is willing to accept the patient in transfer, that fact is taken as strong evidence that the surrogates’ treatment requests fall outside (...) accepted medical practice. But there are serious shortcomings in how the transfer option is carried out in Texas and many other states, which undermines the ethical usefulness of the process. We identify these shortcomings and recommend revisions to state statutes and professional guidelines to overcome them. (shrink)

Wigmore thought that there was a science of proof underlying legal reasoning that could be displayed in any given case as a graphic sequence of argumentation from the evidence in the case leading to the ultimate probandum. Argumentation technology has now vindicated this approach by providing useful qualitative methods that can be applied to identifying, analyzing, and evaluating the pro and con arguments put forward by both sides in a trial. In this chapter, it is shown how to apply argumentation (...) schemes, such as argument from witness testimony, using argument diagrams applied to typical sequences of evidence-based legal reasoning in which there is a successive refinement of arguments displayed as the evidence comes into a case. It is shown how argument from applying rules to cases, teleological, argument from expert witness testimony, and abductive reasoning are centrally important for this purpose. (shrink)

"In describing Hauerwas' work as Christian ethics, one can allow that phrase its full scope of meaning. It is the work of an ethician who is thoroughly conversant with that branch of philosophy and comes to grips with its major issues. He is also firmly committed to the view that, in modifying the substantive 'ethics' with the adjective 'Christian, ' one is designating a distinct reality. . . . Hauerwas invites us to share an understanding of ethics in general and (...) of Christian ethics in particular that is a great deal subtler and more complicated than most currently popular versions of those subjects. For contemporary Christian ethics to accept his invitation will mean letting itself in for some very rigorous and versatile thinking." --America. (shrink)

Develops a logical analysis of dialogue in which two or more parties attempt to advance their own interests. It includes a classification of the major types of dialogues and a discussion of several important informal fallacies.

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

First published in 1984, Cultural Analysis is a systematic examination of the theories of culture contained in the writings of four contemporary social theorists: Peter L. Berger, Mary Douglas, Michel Foucault, and Jürgen Habermas. This study of their work clarifies their contributions to the analysis of culture and shows the converging assumptions that the authors believe are laying the foundation for a new approach to the study of culture. The focus is specifically on culture, a concept that remains subject (...) to ambiguities of treatment, and concentrates on questions concerning the definition and content of culture, its construction, its relations with social conditions, and the manner in which it may be changing. The books demonstrates how these writers have made strides towards defining culture as an objective element of social interaction which can be subjected to critical investigation. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

Quantification is a topic which brings together linguistics, logic, and philosophy. Quantifiers are the essential tools with which, in language or logic, we refer to quantity of things or amount of stuff. In English they include such expressions as no, some, all, both, many. Peters and Westerstahl present the definitive interdisciplinary exploration of how they work - their syntax, semantics, and inferential role.

Quantification is a topic which brings together linguistics, logic, and philosophy. Quantifiers are the essential tools with which, in language or logic, we refer to quantity of things or amount of stuff. In English they include such expressions as no, some, all, both, many. Peters and Westerstahl present the definitive interdisciplinary exploration of how they work - their syntax, semantics, and inferential role.

Although fallacies have been common since Aristotle, until recently little attention has been devoted to identifying and defining them. Furthermore, the concept of fallacy itself has lacked a sufficiently clear meaning to make it a useful tool for evaluating arguments. Douglas Walton takes a new analytical look at the concept of fallacy and presents an up-to-date analysis of its usefulness for argumentation studies. Walton uses case studies illustrating familiar arguments and tricky deceptions in everyday conversation where the charge of (...) fallaciousness is at issue. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate arguments as fallacious. Walton looks at how an argument is used in the context of conversation. He defines a fallacy as a conversational move, or sequence of moves, that is supposed to be an argument that contributes to the purpose of the conversation but in reality interferes with it. The view is a pragmatic one, based on the assumption that when people argue, they do so in a context of dialogue, a conventionalized normative framework that is goal-directed. Such a contextual framework is shown to be crucial in determining whether an argument has been used correctly. Walton also shows how examples of fallacies given in the logic textbooks characteristically turn out to be variants of reasonable, even if defeasible or questionable arguments, based on presumptive reasoning. This is the essence of the evaluation problem. A key thesis of the book, which must not be taken for granted as previous textbooks have so often done, is that you can spot a fallacy from how it was used in a context of dialogue. This is an innovative and even, as Walton notes, "a radical and controversial" theory of fallacy. (shrink)

What is film? Why are movies important? Why do we care about them in the way we do? How do we think of the connections between the projected image and what it is actually an image of? Most movie-goers assume that they are entitled to make jugments and come to conclusions about the movies they see--to evaluate how "good" they are, or what they "mean." But what do they base, or what should they base, their judgments on? In this thought-provoking (...) new book, Stanley Cavell, a professor of philosophy and aesthetics at Harvard who has long taken a lively interest in movies, looks closely at these and other questions concerning America's most popular art and the perceptions we make of, by, and through it. His answers are surprising and important--not only to our understanding of film and of ourselves, but to our expectations of life and art. Mr. Cavell's explorations of some of Hollywood's stars, directors, and most famous films--as well as his fresh look at Godard, Bergman, and other great European directors--will be of lasting interest to movie-viewers and intelligent people of all ages. (shrink)

Properties and objects are everywhere, but remain a philosophical mystery. Douglas Ehring argues that the idea of tropes--properties and relations understood as particulars--provides the best foundation for a metaphysical account of properties and objects. He develops and defends a new theory of trope nominalism.

Development and Evolution surveys and illuminates the key themes of rapidly changing fields and areas of controversy that the redefining the theory and philosophy of biology. It continues Stanley Salthe's investigation of evolutionary theory, begun in his influential book Evolving Hierarchical Systems, while negating the implicit philosophical mechanisms of much of that work. Here Salthe attempts to reinitiate a theory of biology from the perspective of development rather than from that of evolution, recognizing the applicability of general systems thinking (...) to biological and social phenomena and pointing towards a non-Darwinian and even a postmodern biology. (shrink)

A growing interest in and concern about the adequacy and fairness of modern peer-review practices in publication and funding are apparent across a wide range of scientific disciplines. Although questions about reliability, accountability, reviewer bias, and competence have been raised, there has been very little direct research on these variables.The present investigation was an attempt to study the peer-review process directly, in the natural setting of actual journal referee evaluations of submitted manuscripts. As test materials we selected 12 already published (...) research articles by investigators from prestigious and highly productive American psychology departments, one article from each of 12 highly regarded and widely read American psychology journals with high rejection rates (80%) and nonblind refereeing practices.With fictitious names and institutions substituted for the original ones (e.g., Tri-Valley Center for Human Potential), the altered manuscripts were formally resubmitted to the journals that had originally refereed and published them 18 to 32 months earlier. Of the sample of 38 editors and reviewers, only three (8%) detected the resubmissions. This result allowed nine of the 12 articles to continue through the review process to receive an actual evaluation: eight of the nine were rejected. Sixteen of the 18 referees (89%) recommended against publication and the editors concurred. The grounds for rejection were in many cases described as “serious methodological flaws.” A number of possible interpretations of these data are reviewed and evaluated. (shrink)

What is truth? What role does truth play in the connections between language and the world? What is the relationship between truth and being? Douglas Edwards tackles these questions and develops a distinctive metaphysical worldview. He argues that in some domains language responds to the world, whereas in others language generates the world.

We hypothesised that belief in conspiracy theories would be predicted by the general tendency to attribute agency and intentionality where it is unlikely to exist. We further hypothesised that this tendency would explain the relationship between education level and belief in conspiracy theories, where lower levels of education have been found to be associated with higher conspiracy belief. In Study 1 participants were more likely to agree with a range of conspiracy theories if they also tended to attribute intentionality and (...) agency to inanimate objects. As predicted, this relationship accounted for the link between education level and belief in conspiracy theories. We replicated this finding in Study 2, whilst taking into account beliefs in paranormal phenomena. These results suggest that education may undermine the reasoning processes and assumptions that are reflected in conspiracy belief. (shrink)

A new pragmatic approach, based on the latest developments in argumentation theory, analyzing appeal to expert opinion as a form of argument. Reliance on authority has always been a common recourse in argumentation, perhaps never more so than today in our highly technological society when knowledge has become so specialized—as manifested, for instance, in the frequent appearance of "expert witnesses" in courtrooms. When is an appeal to the opinion of an expert a reasonable type of argument to make, and when (...) does it become a fallacy? This book provides a method for the evaluation of these appeals in everyday argumentation. Specialized domains of knowledge such as science, medicine, law, and government policy have gradually taken over as the basis on which many of our rational decisions are made daily. Consequently, appeal to expert opinion in these areas has become a powerful type of argument. Challenging an argument based on expert scientific opinion, for example, has become as difficult as it once was to question religious authority. Walton stresses that even in cases where expert opinion is divided, the effect of it can still be so powerful that it overwhelms an individual's ability to make a decision based on personal deliberation of what is right or wrong in a given situation. The book identifies the requirements that make an appeal to expert opinion a reasonable or unreasonable argument. Walton's new pragmatic approach analyzes that appeal as a distinctive form of argument, with an accompanying set of appropriate critical questions matching the form. Throughout the book, a historical survey of the key developments in the evolution of the argument from authority, dating from the time of the ancients, is given, and new light is shed on current problems of "junk science" and battles between experts in legal argumentation. (shrink)

This book is a major contribution to the study of the philosophy of action, moral philosophy, and political philosophy. Its central idea is a radically unorthodox theory of rational action. Most contemporary Anglo-American philosophers believe that action is motivated by desire. Professor Benn rejects the doctrine and replaces it with a reformulation of Kant's ethical and political theory, in which rational action can be determined simply by principles, regardless of consequences. The book analyzes the way in which value conflicts can (...) be rationally resolved, the objectivity of value, the concept of moral personality, the principles of non-interference and respect of persons, the ideals of autonomy and community and various aspects of individual rights - focusing on the rights to freedom, welfare, and privacy. (shrink)

Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation.

_Arguments from Ignorance _explores the situations in which the argument from ignorance functions as a respectable form of reasoning and those in which it is indeed fallacious. Douglas Walton draws on everyday conversations on all kinds of practical matters in which the _argumentum ad ignorantiam _is used quite appropriately to infer conclusions. He also discusses the inappropriate use of this kind of argument, referring to various major case studies, including the Salem witchcraft trials, the McCarthy hearings, and the Alger (...) Hiss case. This book makes an original contribution in the areas of argumentation theory and informal logic, contending that, despite its traditional classification as a fallacy, the argument from ignorance is a genuine, very common, and legitimate type of argumentation with an identifiable structure. But the book is also interdisciplinary in scope, explaining many widely interesting and controversial subjects in artificial intelligence, medical education, philosophy of science, and philosophy of law in a clear way that makes it accessible to a broad range of readers. (shrink)

This book examines three areas in which abductive reasoning is especially important: medicine, science, and law. The reader is introduced to abduction and shown how it has evolved historically into the framework of conventional wisdom in logic. Discussions draw upon recent techniques used in artificial intelligence, particularly in the areas of multi-agent systems and plan recognition, to develop a dialogue model of explanation. Cases of causal explanations in law are analyzed using abductive reasoning, and all the components are finally brought (...) together to build a new account of abductive reasoning. By clarifying the notion of abduction as a common and significant type of reasoning in everyday argumentation, _Abductive Reasoning_ will be useful to scholars and students in many fields, including argumentation, computing and artificial intelligence, psychology and cognitive science, law, philosophy, linguistics, and speech communication and rhetoric. (shrink)

This book offers a new theory of begging the question as an informal fallacy, within a pragmatic framework of reasoned dialogue as a normative theory of critical argumentation. The fallacy of begging the question is analyzed as a systematic tactic to evade fulfillment of a legitimate burden of proof by the proponent of an argument. The technique uses a circular structure of argument to block the further progress of dialogue and, in particular, the capability of the respondent to ask legitimate (...) critical questions in reply to the argument. Walton analyzes the concept of burden of proof in argument, and provides chapters on the use of argument diagramming as a technique of argument reconstruction. This powerful method of argument analysis developed therein is then applied to more than 100 case studies of circular argumentation where the charge of begging the question is or has been thought to be an appropriate criticism. Throughout this work, Walton throws light on the relationship between the problem of circular reasoning and broader issues in the critical analysis of argumentation. Ground-breaking use is made of the pragmatic theory of argument as interactive dialogue. Rules for several kinds of dialogue framework provide standards of good reasoning to validate or to refute the criticism that a particular argument begs the question. This book is directed to students and professionals in the fields of speech communication, philosophy, linguistics, logic, dispute mediation, and education. (shrink)

ABSTRACT In this wide-ranging interview Professor Douglas V. Porpora discusses a number of issues. First, how he became a Critical Realist through his early work on the concept of structure. Second, drawing on his Reconstructing Sociology, his take on the current state of American sociology. This leads to discussion of the broader range of his work as part of Margaret Archer’s various Centre for Social Ontology projects, and on moral-macro reasoning and the concept of truth in political discourse.

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of (...) the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values, and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza, Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars. (shrink)

The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on analyses of (...) many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines under what conditions an arguer is obliged to support a claim with an argument that backs it up and how strong that argument needs to be to prove the claim in question. (shrink)

Explores the meaning of death, how people of different times, regions, and religions have coped with it, and the progress and effects of the war waged against it by researchers, physicians, and surgeons.