While deductive validity provides the limiting upper bound for evaluating the strength and quality of inferences, by itself it is an inadequate tool for evaluating arguments, arguing, and argumentation. Similar remarks can be made about rhetorical success and dialectical closure. Then what would count as ideal argumentation? In this paper we introduce the concept of cognitive compathy to point in the direction of one way to answer that question. It is a feature of our argumentation rather than (...) my argument or your argument. In that respect, compathy is like the harmonies achieved by an accomplished choir, the spontaneous coordination of athletic teamwork, or the experience of improvising jazz musicians when they are all in the flow together. It is a characteristic of arguments, not a virtue that can be attributed to individual arguers. It makes argumentation more than just the sum of its individual parts. The concept of cognitive compathy is brought into focus by locating it at the confluence of two lines of thought. First, we work up to the concept of compathy by contrasting it with empathy and sympathy in the context of emotions, which is then transplanted into epistemic, cognitive, and argumentative soil. Second, the concept is analytically linked to ideal argumentation by way of authenticity in communication. In the final section, we explore the extent to which argumentative virtues are conducive to producing compathetic argumentation, but reach the unhappy conclusion that the extra value of compathetic argumentation also transcends the evaluative reach of virtue argumentation theory. (shrink)

Virtue argumentation theory has been charged of being incomplete, given its alleged inability to account for argument cogency in virtue-theoretical terms. Instead of defending VAT against that challenge, I suggest it is misplaced, since it is based on a premise VAT does not endorse, and raises an issue that most versions of VAT need not consider problematic. This in turn allows distinguishing several varieties of VAT, and clarifying what really matters for them.

In this paper, I argue that, despite the progress made in recent years, virtue argumentation theory still lacks a more systematic acknowledgment of other-regarding virtues. A fuller recognition of such virtues not only enriches the field of research of virtue argumentation theory in significant ways, but also allows for a richer and more intuitive view of the virtuous arguer. A fully virtuous arguer, it is argued, should care to develop both self-regarding and other-regarding virtues. (...) He should be concerned both with his own development as an arguer and with helping other arguers in that regard. (shrink)

Andrew Aberdein recently explored whether Aristotle held a (proto-)virtue argumentation theory, which would evaluate a good argument in terms of whether the arguers engaged virtuously. Aberdein admits, however, that connections between virtue, character, and argumentation are scarce within Aristotle's works. Accordingly, here Cassie Finley approaches this question from a different angle, comparing Aristotle's concepts of dialectic and rhetoric with virtue theories of argumentation. She argues that the essential features of dialectic and rhetoric are (...) in tension with the defining characteristics of virtue argumentation theories. However, this tension raises a deeper methodological tension within virtue argumentation theories regarding their “intuitive” conception of arguments. Finley outlines a more viable route forward for virtue argumentation theorists, one that dissolves this tension through reframing their project as a virtue dialogue theory. This shift toward dialogue would help to assuage the main objections to virtue argumentation theories regarding adversariality, incompleteness, and vulnerability to ad hominems. At the same time, developing toward a virtue dialogue theory better aligns with the intuitive sense of engaging well with others that defines the virtue argumentation project, and it also more fruitfully sets up the project to encourage future scholarship connecting virtue ethics, virtue epistemology, and philosophy of education. (shrink)

Virtue epistemology was modeled on virtue ethics theories to transfer their ethical insights to epistemology. VE has had great success: broadening our perspective, providing new answers to traditional questions, and raising exciting new questions. I offer a new argument for VE based on the concept of cognitive achievements, a broader notion than purely epistemic achievements. The argument is then extended to cognitive transformations, especially the cognitive transformations brought about by argumentation.

After a brief overview of what intellectual virtues are, I offer three arguments for the claim that education should aim at fostering ‘intellectual character virtues’ like curiosity, open‐mindedness, intellectual courage, and intellectual honesty. I then go on to discuss several pedagogical and related strategies for achieving this aim.

Virtue theories of argumentation (VTA) emphasize the roles arguers play in the conduct and evaluation of arguments, and lay particular stress on arguers’ acquired dispositions of character, that is, virtues and vices. The inspiration for VTA lies in virtue epistemology and virtue ethics, the latter being a modern revival of Aristotle’s ethics. Aristotle is also, of course, the father of Western logic and argumentation. This paper asks to what degree Aristotle may thereby be claimed as (...) a forefather by VTA. (shrink)

Virtue-based approaches have attracted significant recent interest in argumentation, including a recent anthology of Chinese translations of important articles in the field. In this article, adapted from the introduction to that anthology, we discuss the origins of virtue argumentation and some of the challenges it has faced, as well as attempt to provide an overview of recent work on the virtues and vices relevant to argumentation. In the final section we discuss the articles that were (...) selected and motivate their selection. (shrink)

“Virtue jurisprudence” is a normative and explanatory theory of law that utilises the resources of virtue ethics to answer the central questions of legal theory. The main focus of this essay is the development of a virtue–centred theory of judging. The exposition of the theory begins with exploration of defects in judicial character, such as corruption and incompetence. Next, an account of judicial virtue is introduced. This includes judicial wisdom, a form of (...) phronesis, or sound practical judgement. A virtue–centred account of justice is defended against the argument that theories of fairness are prior to theories of justice. The centrality of virtue as a character trait can be drawn out by analysing the virtue of justice into constituent elements. These include judicial impartiality (even–handed sympathy for those affected by adjudication) and judicial integrity (respect for the law and concern for its coherence). The essay argues that a virtue–centred theory accounts for the role that virtuous practical judgement plays in the application of rules to particular fact situations. Moreover, it contends that a virtue–centred theory of judging can best account for the phenomenon of lawful judicial disagreement. Finally, a virtue–centred approach best accounts for the practice of equity, departure from the rules based on the judge’s appreciation of the particular characteristics of individual fact situations. [ABSTRACT FROM AUTHOR]. (shrink)

After a brief overview of what intellectual virtues are, I offer three arguments for the claim that education should aim at fostering ‘intellectual character virtues’ like curiosity, open-mindedness, intellectual courage, and intellectual honesty. I then go on to discuss several pedagogical and related strategies for achieving this aim.

The virtues and vices of argument are now an established part of argumentation theory. They have helped direct attention to hitherto neglected aspects of how we argue. However, it remains controversial whether a virtue theory can contribute to some of the central questions of argumentation theory. Notably, Harvey Siegel disputes whether what he calls ‘arguments in the abstract propositional sense’ can be evaluated meaningfully within a virtue theory. This paper explores the prospects (...) for grounding an account of argument evaluation in arguers’ virtues and vices by examination of a corresponding debate in virtue ethics: Can an ethics of virtue guide our actions? It is thereby argued that an affirmative answer is possible: virtues suffice for argument evaluation. (shrink)

In this paper we consider the prospects for an account of good argument that takes the character of the arguer into consideration. We conclude that although there is much to be gained by identifying the virtues of the good arguer and by considering the ways in which these virtues can be developed in ourselves and in others, virtue argumentation theory does not offer a plausible alternative definition of good argument.

Argumentation theorists are beginning to think of ad hominem arguments as generally legitimate. Virtue argumentation theorists argue that a character trait approach to argument appraisal can explain why ad hominems would are legitimate, when they are legitimate. But I argue that we do not need to appeal to virtue argumentation theory to explain the legitimacy of ad hominem arguments; a more straightforward evidentialist approach to argument appraisal is also committed to their legitimacy. I also (...) argue that virtue argumentation theory faces some important problems, and that whereas the virtue-theoretic approach in epistemology is well-motivated, that motivation does not carry over to virtue argumentation theory. (shrink)

Virtue theories have become influential in ethics and epistemology. This paper argues for a similar approach to argumentation. Several potential obstacles to virtue theories in general, and to this new application in particular, are considered and rejected. A first attempt is made at a survey of argumentational virtues, and finally it is argued that the dialectical nature of argumentation makes it particularly suited for virtue theoretic analysis.

This paper discusses virtue argumentation theory, as modeled on virtue epistemology. It argues that virtues of argumentation are interesting but parasitic on a more fundamental account of what makes arguments good. -/- *Note: this is an unpublished manuscript presented at the 2013 conference of the Ontario Society for the Study of Argumentation. An electronic copy is available in the Conference Archive, linked above.

A list of resources for virtue theories of argumentation. Last updated October 31st, 2023.

Technology has made argumentation rampant. We can argue whenever we want. With social media venues for every interest, we can also argue about whatever we want. To some extent, we can select our opponents and audiences to argue with whomever we want. And we can argue however we want, whether in carefully reasoned, article-length expositions, real-time exchanges, or 140-character polemics. The concepts of arguing, arguing well, and even being an arguer have evolved with this new multiplicity and diversity; (...) class='Hi'>theory needs to catch up to the new reality. Successful strategies for traditional contexts may be counterproductive in new ones; classical argumentative virtues may be liabilities in new situations. There are new complications to the theorist’s standard questions—What is an argument? and Who is an arguer?—while new ones move into the spotlight—Should we argue at all? and If so, why? Agent-based virtue argumentation theory provides a unifying framework for this radical plurality by coordinated redefinitions of the concepts of good arguers and good arguments. It remains true that good arguers contribute to good arguments, and good arguments satisfy good arguers, but the new diversity strains the old unity. Ironically, a unifying factor is provided by examining those paragons of bad arguers, argument trolls whose contributions to arguments are not very good, not really contributions, and, ultimately, not genuine argumentation. (shrink)

Several authors have recently begun to apply virtue theory to argumentation. Critics of this programme have suggested that no such theory can avoid committing an ad hominem fallacy. This criticism is shown to trade unsuccessfully on an ambiguity in the definition of ad hominem. The ambiguity is resolved and a virtue-theoretic account of ad hominem reasoning is defended.

What are the features of a good scientific theory? Samuel Schindler's book revisits this classical question in the philosophy of science and develops new answers to it. Theoretical virtues matter not only for choosing theories 'to work with', but also for what we are justified in believing: only if the theories we possess are good ones can we be confident that our theories' claims about nature are actually correct. Recent debates have focussed rather narrowly on a theory's capacity (...) to predict new phenomena successfully, but Schindler argues that the justification for this focus is thin. He discusses several other theory properties such as testability, accuracy, and consistency, and highlights the importance of simplicity and coherence. Using detailed historical case studies and careful philosophical analysis, Schindler challenges the received view of theoretical virtues and advances arguments for the view that science uncovers reality through theory. (shrink)

Argumentation virtue theory is a new field in argumentation studies. As in the case of virtue ethics and virtue epistemology, the study of virtue argumentation draws its inspiration from the works of Aristotle. First, I discuss the specifics of the argumentational virtues and suggest that they have an instrumental nature, modeled on the relation between the Aristotelian intellectual virtue of ‘practical wisdom’ and the moral virtues. Then, inspired by Aristotle’s discussion of (...) akrasia, I suggest that a theory of fallacy in argumentation virtue theory can be built upon the concept of ‘incontinence’. (shrink)

This chapter challenges the common claim that vicious forms of argumentative practice, like interpersonal arrogance and discursive polarisation, are caused by martial metaphors, such as ARGUMENT AS WAR. I argue that the problem isn’t the metaphor, but our wider practices of metaphorising and the ways they are deformed by invidious cultural biases and prejudices. Drawing on feminist argumentation theory, I argue that misogynistic cultures distort practices of metaphorising in two ways. First, they spotlight some associations between the martial (...) and argumentative domains while occluding others, resulting in a sort of myopia. Second, those cultures interfere with a phenomenon I label normative isomorphism – the capacity of some structural metaphors to enable (and often encourage) a transfer of normative chracater traits from the source domain to the target domain. Crucially, the normative status of character trait often changes across domains—traits that are virtuous in the martial domain are often vicious in the argumentative domain, and vice versa. Sexist myopia tends to deform practices of metaphorising by interfering with normative isomorphism by privileging the transfer across domains of traits that recapitulate invidious cultural constructions of masculinity in terms of aggression, domination, and violence. Basically, the problem isn’t the metaphors, but the cultures. (shrink)

Situationists maintain that psychological evidence (e.g., the well-known Good Samaritan experiment) challenges a key assumption of virtue ethics, namely that virtuous people display cross-situational consistency of behavior. This situationist critique is frequently thought to pose a serious threat to virtue ethics. Virtue ethicists have so far mainly put forward conceptual rather than empirical arguments against situationism. In this paper, we examine the extent to which a plausible empirical argument can be developed against situationism, and in favor of (...) virtue ethics. We note that such an argument will naturally entail empirical simplification, and consequently concessions from both sides of the debate will be required. We argue, however, that with such concessions in place, the debate between situationists and virtue ethicists can be captured by a claim about the way that virtuous behavior may change when situations change. We report the results of an experiment (conducted twice, for replication) showing how social science methods can be introduced to the situationism debate to test such a claim empirically. Our results offer tentative support for eudaemonist and agent-based varieties (but not for target-centered) versions of virtue ethics. (shrink)

Virtue argumentation theory provides the best framework for accommodating the notion of an argument that is “fully satisfying” in a robust and integrated sense. The process of explicating the notion of fully satisfying arguments requires expanding the concept of arguers to include all of an argument’s participants, including judges, juries, and interested spectators. And that, in turn, requires expanding the concept of an argument itself to include its entire context.

When _After Virtue_ first appeared in 1981, it was recognized as a significant and potentially controversial critique of contemporary moral philosophy. _Newsweek _called it “a stunning new study of ethics by one of the foremost moral philosophers in the English-speaking world.” Since that time, the book has been translated into more than fifteen foreign languages and has sold over one hundred thousand copies. Now, twenty-five years later, the University of Notre Dame Press is pleased to release the third edition of (...) _After Virtue_, which includes a new prologue “_After Virtue_ after a Quarter of a Century.” In this classic work, Alasdair MacIntyre examines the historical and conceptual roots of the idea of virtue, diagnoses the reasons for its absence in personal and public life, and offers a tentative proposal for its recovery. While the individual chapters are wide-ranging, once pieced together they comprise a penetrating and focused argument about the price of modernity. In the Third Edition prologue, MacIntyre revisits the central theses of the book and concludes that although he has learned a great deal and has supplemented and refined his theses and arguments in other works, he has “as yet found no reason for abandoning the major contentions” of this book. While he recognizes that his conception of human beings as virtuous or vicious needed not only a metaphysical but also a biological grounding, ultimately he remains “committed to the thesis that it is only from the standpoint of a very different tradition, one whose beliefs and presuppositions were articulated in their classical form by Aristotle, that we can understand both the genesis and the predicament of moral modernity.”. (shrink)

‘Argument’ has multiple meanings and referents in contemporary argumentation theory. Theorists are well aware of this but often fail to acknowledge it in their theories. In what follows, I distinguish several senses of ‘argument’ and argue that some highly visible theories are largely correct about some senses of the term but not others. In doing so, I hope to show that apparent theoretical rivals are better seen as collaborators or partners, rather than rivals, in the multi-disciplinary effort to (...) understand ‘argument,’ arguments, and argumentation in all their varieties. I argue as well for a pluralistic approach to argument evaluation and argumentative norms, since arguments and argumentation can be legitimately evaluated along several dimensions, but urge that epistemic norms enjoy conceptual priority. (shrink)

This contribution to the topical collection presents an overview of my previous work in epistemology. Specifically, I review arguments for the claim that important skeptical arguments in the history of philosophy motivate externalism in epistemology. In effect, only externalist epistemologies can be anti-skeptical epistemologies. I also review motivations for adopting a virtue-theoretic account of epistemic normativity. Such an account, I argue, has considerable explanatory power regarding the nature, value and scope of knowledge. In addition, a virtue-theoretic account is (...) tailor made for externalism. In effect, it shows how externalist epistemologies can also be normative epistemologies. Finally, I review arguments in favor of a general framework for understanding the epistemology of testimony, and, in particular, the transmission of knowledge. The framework motivates anti-reductionism in the epistemology of testimony, as well as the common anti-reductionist theme that trust can be epistemically significant, as opposed to merely practically significant. The framework, I argue, also weds nicely to a virtue-theoretic account of epistemic normativity, and in doing so answers an important objection to virtue epistemology—that the view is overly individualistic. (shrink)

If a rational argument is to be advanced for the existence of God, it must be some form of the cosmological, depending on the concept of causation, or the ontological, an elaboration of the concept of being. The metaphysical fertility of the axiological approach to theism consists in its reformulation of the ontological argument—viz., that the nature of existent reality itself is indicative of supra natural being.

This chapter argues that a virtue-theoretic account of argumentation can enhance our understanding of the phenomenon of populism and offer some lines of response. Virtue theories of argumentation emphasize the role of arguers in the conduct and evaluation of arguments and lay particular stress on arguers’ acquired dispositions of character, otherwise known as intellectual virtues and vices. One variety of argumentation of particular relevance to democratic decision-making is group deliberation. There are both theoretical and empirical (...) reasons for maintaining that intellectual humility is pivotal to the practice of group deliberation. Several factors to which the rise of populism has been attributed may be understood as failures of the virtues of argumentation in general, and intellectual humility in particular. (shrink)

If a rational argument is to be advanced for the existence of God, it must be some form of the cosmological, depending on the concept of causation, or the ontological, an elaboration of the concept of being. The metaphysical fertility of the axiological approach to theism consists in its reformulation of the ontological argument—viz., that the nature of existent reality itself is indicative of supra natural being.

In this paper we examine theoretical utility arguments in metaphysics. While philosophers claim a procedural continuity with science when using such arguments, we argue that examining famous instances from the history of science expose their fundamental flaws. We find that arguments from theoretical utility invoke considerations that are not truth conducive and that justifications for claims that a theory possesses theoretical virtues often assume the truth of the theory such virtues are supposed to support. We conclude that theoretical (...) utility arguments provide no epistemic grounds for metaphysical inquiry. (shrink)

The truth-condition theory of meaning is, naturally, thought of an as explanatory theory whose explananda are the meaning facts. But there are at least two deductive arguments that purport to establish the truth of the theory irrespective of its explanatory virtues. This paper examines those arguments and concludes that they succeed.

Perhaps the strongest argument for scientific realism, the no-miracles-argument, has been said to commit the so-called base rate fallacy. The apparent elusiveness of the base rate of true theories has even been said to undermine the rationality of the entire realism debate. In this paper, I confront this challenge by arguing, on the basis of the Kuhnian picture of theory choice, that a theory is likely to be true if it possesses multiple theoretical virtues and is embraced by (...) numerous scientists, even when the base rate converges to zero. (shrink)

‘Argument’ has multiple meanings and referents in contemporary argumentation theory. Theorists are well aware of this but often fail to acknowledge it in their theories. In what follows, I distinguish several senses of ‘argument’ and argue that some highly visible theories are largely correct about some senses of the term but not others. In doing so, I hope to show that apparent theoretical rivals are better seen as collaborators or partners, rather than rivals, in the multi-disciplinary effort to (...) understand ‘argument,’ arguments, and argumentation in all their varieties. I argue as well for a pluralistic approach to argument evaluation and argumentative norms, since arguments and argumentation can be legitimately evaluated along several dimensions, but urge that epistemic norms enjoy conceptual priority. (shrink)

Almost all theories of knowledge and justified belief employ moral concepts and forms of argument borrowed from moral theories, but none of them pay attention to the current renaissance in virtue ethics. This remarkable book is the first attempt to establish a theory of knowledge based on the model of virtue theory in ethics. The book develops the concept of an intellectual virtue, and then shows how the concept can be used to give an account (...) of the major concepts in epistemology, including the concept of knowledge. This highly original work of philosophy for professionals will also provide students with an excellent introduction to epistemology, virtue theory, and the relationship between ethics and epistemology. (shrink)

This paper examines the implications of certain social psychological experiments for moral theory—specifically, for virtue theory. Gilbert Harman and John Doris have recently argued that the empirical evidence offered by ‘situationism’ demonstrates that there is no such thing as a character trait. I dispute this conclusion. My discussion focuses on the proper interpretation of the experimental data—the data themselves I grant for the sake of argument. I develop three criticisms of the anti-trait position. Of these, the central (...) criticism concerns three respects in which the experimental situations employed to test someone's character trait are inadequate to the task. First, they do not take account of the subject's own construal of the situation. Second, they include behaviour that is only marginally relevant to the trait in question. Third, they disregard the normative character of the responses in which virtue theory is interested. Given these inadequacies in situationism's operationalized conception of a ‘character trait’, I argue that situationism does not really address the proposition that people have ‘character traits’, properly understood. A fortiori, the social psychological evidence does not refute that proposition. I also adduce some limited experimental evidence in favour of character traits and distil two lessons we can nevertheless learn from situationism. (shrink)

This paper proposes to examine Daniel Cohen’s recent attempt to apply virtues to argumentation theory, with special attention given to his explication of how open-mindedness can be regarded as an argumentational or critical virtue. It is argued that his analysis involves a contentious claim about open-mindedness as an epistemic virtue, which generates a tension for agents who are simultaneously both an arguer and a knower (or who strive to be both). I contend that this tension can (...) be eased or resolved by clarifying the nature of open-mindedness and by construing open-mindedness in terms of its function. Specifically, a willingness to take a novel viewpoint seriously is sufficient for making open-mindedness both an epistemic and a critical virtue. (shrink)

In traditional analytic philosophy, critical thinking is defined along Cartesian lines as rational and linear reasoning preclusive of intuitions, emotions and lived experience. According to Michael Gilbert, this view – which he calls the Natural Light Theory (NLT) – fails because it arbitrarily excludes standard feminist forms of argumentation and neglects the essentially social nature of argumentation. In this paper, I argue that while Gilbert’s criticism is correct for argumentation in general, NLT fails in a distinctive (...) and particularly problematic manner in moral argumentation contexts. This is because NLT calls for disputants to adopt an impartial attitude, which overlooks the fact that moral disputants qua moral agents are necessarily partial to their own values and interests. Adopting the impartial perspective would therefore alienate them from their values and interests, causing a kind of “moral schizophrenia.” Finally, I urge a re-valuation of epistemic virtue in argumentation. (shrink)

Most research on people's conceptions regarding creativity has concerned informal beliefs instead of more complex belief systems represented in scholarly theories of creativity. The relevance of general theories of creativity to the creative domain of music may also be unclear because of the mixed responses these theories have received from music researchers. The aim of the present study was to gain a better comparative understanding of theories of creativity as accounts of musical creativity by allowing students to assess them from (...) a musical perspective. In the study, higher-education music students rated 10 well-known theories of creativity as accounts of four musical target activities—composition, improvisation, performance, and ideation—and argued for the “best theoretical perspectives” in written essays. The results showed that students' theory appraisals were significantly affected by the target activities, but also by the participants' prior musical experiences. Students' argumentative strategies also differed between theories, especially regarding justifications by personal experiences and values. Moreover, theories were most typically problematized when discussing improvisation. The students most often chose to defend the Four-Stage Model, Divergent Thinking, and Systems Theory, while theories emphasizing strategic choices or Darwinian selection mechanisms were rarely found appealing. Overall, students tended toward moderate theory eclecticism, and their theory appraisals were seen to be pragmatic and example-based, instead of aiming for such virtues as broad scope or consistency. The theories were often used as definitions for identifying some phenomena of interest rather than for making stronger explanatory claims about such phenomena. Students' theory appraisals point to some challenges for creativity research, especially regarding the problems of accounting for improvisation, and concerning the significance of theories that find no support in these musically well-informed adults' reasoning. (shrink)

Scholars who mention the turn to Aristotelian virtue ethics in the Mid-Twentieth Century tend to cite G. E. M. Anscombe’s famous ‘complaint’, and sometimes Alasdair MacIntyre’s After Virtue. It is less usual to write of Roger Scruton. Placed in the context of Bernard Williams and John Casey’s works – at the intersection of moral philosophy and the philosophy of the emotions – Scruton’s theory of the imagination is shown to concern the rationality of moral attitudes. In short, (...) it concerns virtue ethics. Of broader interest, following Scruton’s arguments, his aesthetics may be conceived as concerning stores of moral knowledge; this is by virtue of the sensuous conditioning of the thought-content of moral judgement. The centrality of imitation to Aristotelian ethics, in other words, finds its concomitant in the object of imitation as the artwork. It is my view that Scruton’s work, Art and Imagination (his PhD thesis of 1973), is an attempt to provide a framework for the judgement involved in virtue ethics, concerning both intentionality and object. (shrink)

The antirealist argument from the underdetermination of theories by data relies on the premise that the empirical content of a theory is the only determinant of its belief-worthiness (premise NN). Several authors have claimed that the antirealist cannot endorse NN, on pain of internal inconsistency. I concede this point. Nevertheless, this refutation of the underdetermination argument fails because there are weaker substitutes for NN that will serve just as well as a premise to the argument. On the other hand, (...) antirealists have not made a convincing casefor NN (or its weaker substitutes) either. In particular, I criticize van Fraassen's recent claim that all ampliative rules in epistemology must be rejected on the grounds that they lead to incoherence. The status of the underdetermination argument remains unsettled. (shrink)

This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of legal judgment, and vindicates the relevance of description and specification to good legal reasoning. After examining the central features of the theory, the paper proposes a taxonomy of the main character traits that legal decision-makers need to possess (...) to successfully engage in legal reasoning. The paper concludes by discussing an array of strategies in legal education, institutional design, and legal culture that can be put in place to work virtue in legal decision-making. (shrink)

Is a virtue approach in argumentation possible without committing the ad hominem fallacy? My answer is affirmative, provided that the object study of our theory is well delimited. My proposal is that a theory of argumentative virtue should not focus on argument appraisal, as has been assumed, but on those traits that make an individual achieve excellence in argumentative practices. An agent-based approach in argumentation should be developed, not in order to find better grounds (...) for argument appraisal, but to gain insight into argumentative habits and excellence. This way we can benefit from what a virtue argumentation theory really has to offer. (shrink)

This volume provides a clear and accessible overview of central concepts, positions, and arguments in virtue ethics. While it focuses primarily on Aristotelian virtue ethics, it also includes discussion of alternative forms of virtue ethics and competing normative theories. The first six chapters are organized around central questions in normative ethics that are of particular concern to virtue ethicists and their critics: -/-  What is virtue ethics?  What makes a trait a virtue? (...)  Is there a link between virtue and happiness?  What is involved in being well-motivated?  What is practical wisdom?  What makes an action right? -/- The last four chapters focus on important challenges or objections to virtue ethics: -/-  Can virtue ethics be applied to particular moral problems?  Does virtue ethics ultimately rely on moral principles?  Can it withstand the situationist critique?  What are the prospects for an environmental virtue ethics? -/- With useful Summaries and Further Reading sections at the end of each chapter, the book is written for advanced undergraduates, but should also be useful to graduate students, professional philosophers, and anyone interested in normative ethics, applied ethics, moral psychology, or moral education. (shrink)

Conventionalism about logic is the view that logical principles hold in virtue of some linguistic conventions. According to explicit conventionalism, these conventions have to be stipulated explicitly. Explicit conventionalism is subject to a famous criticism by Quine, who accused it of leading to an infinite regress. In response to the criticism, several authors have suggested reconstructing conventionalism as implicit in our linguistic behaviour. In this paper, drawing on a distinction from proof theory between derivable and admissible rules, I (...) argue that implicit conventionalism has not been stated in a sufficiently precise way, as it leaves open what one needs to say about admissible yet underivable rules. Moreover, it turns out that this challenge cannot be easily met, and that any attempt to meet the challenge makes conventionalism much less attractive a thesis. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate (...) the three strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate (...) the three strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate (...) the three strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)