I. Professor William L. Rowe begins an interesting paper on the Cosmological Argument by stating that his ‘purpose …is not to resurrect it’ but ‘to uncover, clarify, and examine some of the philosophical concepts and theses essential to the reasoning exhibited in the argument’. However, in the concluding pages of his paper, Rowe is at some pains to show that his discussion does at least demonstrate that the Cosmological Argument is beyond the reach of criticisms levelled against it in the (...) works of its classical critics, Hume and Kant and their modern-day counterparts. To quote his concluding remark: ‘Like most important philosophical arguments, it appears that the Cosmological Argument is neither as good as its supporters have claimed it to be nor as bad as its critics have believed.’ Now I have long suspected that some such estimate of the Cosmological Argument was correct; however I do not think that Rowe's discussions in his paper establish his contention that the reports of the death of the Cosmological Argument have been premature. Nevertheless, Rowe's uncovering of the reasoning that lies behind the argument does have the merit of laying bare the precise point from which, as well as the direction in which, the defence of the argument should proceed if we are to truly make some headway on this hoary topic. In what follows, I will first try to show why I think Rowe's discussion fails to establish his conclusion and thereafter try to give the outline of a more successful strategy for arriving at the same conclusion. (shrink)

In this paper I question the primacy of argumentation relying solely on logic by showing how the body and mind are deeply connected and as a result how communication and argumentation are a product of this mind/body connection. In particular, I explore the physicality of argumentation through the research and writings on gestures and the embodied mind. Michael Gilbert’s theory of multi-modal argumentation provides the general approach for this elaboration.

In this paper I question the primacy of argumentation relying solely on logic by showing how the body and mind are deeply connected and as a result how communication and argumentation are a product of this mind/body connection. In particular, I explore the physicality of argumentation through the research and writings on gestures and the embodied mind. Michael Gilbert’s theory of multi-modal argumentation provides the general approach for this elaboration.

In this paper I question the primacy of argumentation relying solely on logic by showing how the body and mind are deeply connected and as a result how communication and argumentation are a product of this mind/body connection. In particular, I explore the physicality of argumentation through the research and writings on gestures and the embodied mind. Michael Gilbert’s theory of multi-modal argumentation provides the general approach for this elaboration.

In lieu of an abstract, here is a brief excerpt of the content:Amicus BriefMartha C. Nussbaumii. summary of the argumentThis brief argues that the law requires reformation to protect our modern scientific and philosophical understanding that many animals can live their own meaningful lives and that the Court should reform the law in this case.1 Modern science demonstrates that elephants are complex beings that can form a conception of the self, as observed by Judge Fahey, form strong social and emotional (...) bonds among themselves and others, and that the Zoo's conduct harms Happy in both physical and intangible ways.Furthermore, this brief argues that the lower courts in Lavery I and II applied the wrong philosophical framework to the question of whether certain non-human animals should be considered legal persons. Instead of animal rights being based on the capacity to engage in a social contract and to bear legal duties, the proper framework for animal rights is the capabilities approach, which asks how the law can help animals like Happy not only live but thrive. Accordingly, this brief explains the importance of this appeal, the Court's opportunity to reform [End Page 15] the field of animal law, and the potential to release Happy from a life of captivity, ensuring she lives the rest of her life in a manner that respects her capabilities.iii. argument1. This Case Matters Because It Is Time to Reform the Law to Protect Our Modern Scientific and Philosophical Understanding That Many Animals Are Capable of Living Their Own Meaningful LivesModern science now recognizes a very important fact about many animals, including elephants. They are not merely biological units that simply need food and a suitable environment to survive and maintain a viable population. Today, scientists view many animals as beings capable of living their own meaningful lives. Early Indian and Roman cultures understood the complexity of animal lives and the implications of this complexity surrounding the humane treatment of animals; public awareness of this fact is widespread today. Almost all ancient Greek and Roman philosophical schools attributed complex forms of cognition and numerous emotions to animals,2 a precursor to our current laws against cruel practices to animals.What philosophy and, more recently, science have understood but the law has not, is that elephants are sentient beings who can feel emotion, foster relationships, create communities, and form a conception of the self. Our current legal system fails to respect species-specific, central capabilities. Although each of the fifty states has animal cruelty laws,3 these laws protect only a small number of animals and fail to constrain, to any meaningful extent, the widespread infliction of suffering. They ban only the intentional, purposeful suffering of some animals, and fail to recognize the impact that captivity, lack of relationships, and solitude cause a creature like Happy.This Court has the opportunity to create legal precedent that provides these living creatures the legal right to thrive and survive in ways that coincide with their specific capabilities, and prevent not only the infliction of physical pain, but emotional and psychological injury as well.2. The Magical Lives of ElephantsElephants are cognitive, complex creatures with distinct societies, emotions, and lives. They form societies that foster the wellbeing of each member, in which their emotions and development from childhood through adulthood are readily apparent.4 A combat staged between humans and elephants in 55 B.C. by the Roman leader Pompey paints a prime example of these complex emotions and connections with other animals, namely humans. Surrounded in the arena, the elephants perceived that they had no hope of escape. According to Pliny, the elephants then "entreated the crowd, trying to win its compassion with indescribable [End Page 16] gestures, bewailing their plight with a sort of lamentation."5 The audience, moved to pity and anger by their plight, rose to curse Pompey—feeling, wrote Cicero, that the elephants had a relation of commonality (societas) with humans.6 However, this connection with humans cannot be substituted for true, similar companionship from other elephants, which Happy has lacked for almost two decades.Elephants' ability to connect with other elephants and animals may be attributable to their long life spans; they are the most... (shrink)

This paper summarizes various interpretations of emotional arguments, with a focus on the emotional mode of argument introduced in the multi-modal argumentation model (Gilbert, 1994). From there the author shifts from a descriptive account of emotional arguments to a discussion about a normative framework. Pointing out problems with evaluative models of the emotional mode, a paradigmatic shift captured by the Amenable Argumentation Approach is explained as a way forward for the advancement of the emotional mode and multi-modal argumentation.

This paper summarizes various interpretations of emotional arguments, with a focus on the emotional mode of argument introduced in the multi-modal argumentation model (Gilbert, 1994). From there the author shifts from a descriptive account of emotional arguments to a discussion about a normative framework. Pointing out problems with evaluative models of the emotional mode, a paradigmatic shift captured by the Amenable Argumentation Approach is explained as a way forward for the advancement of the emotional mode and multi-modal argumentation.

This paper summarizes various interpretations of emotional arguments, with a focus on the emotional mode of argument introduced in the multi-modal argumentation model (Gilbert, 1994). From there the author shifts from a descriptive account of emotional arguments to a discussion about a normative framework. Pointing out problems with evaluative models of the emotional mode, a paradigmatic shift captured by the Amenable Argumentation Approach is explained as a way forward for the advancement of the emotional mode and multi-modal argumentation.