This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

I take up the task of examining how someone who takes seriously the ambitious programme of conceptual analysis advocated by the Canberra School can minimise the eliminative consequences which I argue the Ramsey-Carnap-Lewis recipe of conceptual analysis is likely to have for many folk discourses. The objective is to find a stable means to preserve the constative appearance of folk discourse and to find it generally successful in its attempts to describe an external world, albeit in non-scientific terms that do (...) not reflect the nature of things. The view I settle on, quasi-fictionalism, is modelled on a modified descriptivist version of Kendall Walton’s account of prop-oriented games of make-believe. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Participation and Immersion in Walton and CalvinoM. Carleton SimpsonThe novel begins in a railway station, a locomotive huffs, steam from a piston covers the opening of the chapter, a cloud of smoke hides part of the first paragraph... The pages of the book are clouded like the windows of an old train, the cloud of smoke rests on the sentences.1Part of Kendall Walton's theory of psychological participation, (...) explicated in Mimesis as Make-Believe, is that representations that display or draw attention to their fictionality discourage participation; part of our enjoyment of representational art is our psychological participation with the representation. The activity of participating comprises the game world, while the material representation comprises the work world. We play games of make-believe with representations, much as children play games with toys or other props. For Walton, the fullest psychological participation arises from the fullest immersion in the game world. Immersion means ignoring or being unaware of the materiality of the work world, attending only to the fictional reality of the work world. It is to "look past" the painted surface, or to become engrossed in the novel's narrative.To the extent that we consider the material of the work, we are distracted from participating in the game prescribed by the work: we do either the one or the other. So, Walton claims "One obvious way in which works sometimes discourage participation is by prominently declaring or displaying their fictionality, betraying their own pretense" (p. 275).2 For example, "The conspicuous brush strokes of Van Gogh's Starry Night call attention to themselves and to their record of the process by which paint was applied to the canvas, possibly intruding on the viewer's participation in his game... One can ignore the brush [End Page 321] strokes enough to lose oneself in the fictional world" (p. 277). In response to prodding by Patrick Maynard, Walton tempers this position: "Prominent brush strokes, as in many of Vincent van Gogh's paintings, can have an inhibiting effect, especially if the observer isn't used to such. Then they not only constitute a plain indication that what one is seeing is a mere painted canvas, but force this fact on the viewer's attention" (italics added).3Ernst Gombrich endorsed this position in Art and Illusion, attributing it to Kenneth Clark.4 Gombrich tells of Clark attempting to see both the brush strokes and the representation, and his failure to "observe what went on when the brush strokes and dabs of pigment on the canvas transformed themselves into a vision of transfigured reality as he stepped back" (p. 6). Walton intends his theory of psychological participation to be widely applicable to the representational arts; he argues that what holds for visual representations holds also for verbal representations. When reading a novel our ability to participate in the story is diminished to the extent the novel draws attention to its fictionality. We either immerse ourselves in the fictional world of the novel or attend to the historical production or materiality of the novel.Attending is contained in Walton's notion of appreciation. Appreciation without participation results when some representations "positively discourage participation, especially the psychological participation that would constitute the experience of being caught up in the story" (p. 274). Works like these employ a variety of strategies, "deliberately 'distancing' the appreciator from the fictional world... For if one does not imagine a proposition, it is unlikely to be fictional that one knows or believes it; and if one imagines it with minimal vivacity, one is unlikely to have the experience of fictionally being concerned or upset or relieved or frightened or overjoyed by the fact that it is true" (p. 274). Just as children imagine themselves to be participants in games of make-believe, more mature imaginings require us to imagine we are participants, not simply observers. Reflexive imagining is central to Walton's theory, and is a point he extensively develops.I argue against this disjunction of activities. My thesis is that participation need not arise from immersion at the expense of awareness. I am also critical of Walton's distinction between appreciation and participation—they are... (shrink)

Mimesis as Make-Believe is important reading for everyone interested in the workings of representational art.

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

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)

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. (...) class='Hi'>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)

It is widely agreed among broadly Anselmian theists that God is in some sense the 'delimiter of possibilities.' In other words, the scope of possibility is explained by the manner in which the universe emanates from God. However, existing accounts of God's role here—in terms of freedom, choice, or power—face serious difficulties. The present paper provides a new account of God's role as the delimiter of possibilities in terms of the different manner in which the non-actuality of non-actual states of (...) affairs is explained. Intuitively and metaphorically, we can think of the menu of states of affairs being 'whittled down' in successive stages of a process of divine decision-making, with the different species of impossibility corresponding to when and how the states of affairs are ruled out. I argue that this approach provides genuine contingency while also preserving the Principle of Sufficient Reason. (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)

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)

Physicians generally recommend that patients resuscitated with naloxone after opioid overdose stay in the emergency department for a period of observation in order to prevent harm from delayed sequelae of opioid toxicity. Patients frequently refuse this period of observation despiteenefit to risk. Healthcare providers are thus confronted with the challenge of how best to protect the patient’s interests while also respecting autonomy, including assessing whether the patient is making an autonomous choice to refuse care. Previous studies have shown that physicians (...) have widely divergent approaches to navigating these conflicts. This paper reviews what is known about the effects of opioid use disorder on decision-making, and argues that some subset of these refusals are non-autonomous choices, even when patients appear to have decision making capacity. This conclusion has several implications for how physicians assess and respond to patients refusing medical recommendations after naloxone resuscitation. (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.

At the beginning of his Metaphysics, Aristotle attributed several strange-sounding theses to Plato. Generations of Plato scholars have assumed that these could not be found in the dialogues. In heated arguments, they have debated the significance of these claims, some arguing that they constituted an 'unwritten teaching' and others maintaining that Aristotle was mistaken in attributing them to Plato. In a prior book-length study on Plato's late ontology, Kenneth M. Sayre demonstrated that, despite differences in terminology, these claims correspond (...) to themes developed by Plato in the Parmenides and the Philebus. In this book, he shows how this correspondence can be extended to key, but previously obscure, passages in the Statesman. He also examines the interpretative consequences for other sections of that dialogue, particularly those concerned with the practice of dialectical inquiry. (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)

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. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (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)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive argumentation schemes are (...) classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

Authority is defined by the capacity to provide new reasons that apply to its subjects. There are two types of authority that differ from each other with respect to the kind of reasons their directives or opinions create. Authorityepistemic authority is distinguished from Authoritypractical authority in that the former is the source of reasons to believe and the latter is the source of reasons for action. Both kinds of authority are of considerable philosophical importance. This entry, however, is concerned with (...) the notion of practical authority and will focus on certain conceptual and normative issues arising in connection with such authority. In particular, this entry will be concerned with identifying the properties that constitute something as a practical authority and hence distinguish authorities from non-authorities; explicating the kind of reasons that bind subjects of a practical authority and give rise to a justified expectation, on the part of the authority, of subject compliance; and examining what standards a practical authority must satisfy to be morally legitimate. The reason for the emphasis is the central importance of practical authority in law. Law characteristically regulates subject behavior by issuing legal norms thought to be authoritative in the sense that they create new reasons for compliance that bind the subject. While the notion of epistemic authority figures into many issues arising in connection with law, this entry is intended to clarify the notion of practical authority that is thought to ground the binding quality of legal directives. Although there will be some discussion of epistemic authority and its relation to practical Authoritypractical, the relevant form of authority for our purposes is practical authority—again, as this is central to understanding the mechanisms by which law regulates subject behavior. (shrink)

This chapter develops and defends an account of reason: to reason is to scrutinize one’s attitudes by consulting the perspectives of other persons. The principal attraction of this account is its ability to vindicate the unique of authority of reason. The chapter argues that this conception entails that reasoning is a robustly social endeavor—that it is, in the first instance, something we do with other people. It is further argued that such social endeavors presuppose mutual respect on the part of (...) those participating in them. The account therefore yields a form of Kantian constructivism: we have an unconditional duty of respect for persons because such a duty is implicit in the very nature of reasoning. -/- . (shrink)

Whereas many philosophers take backwards causation to be impossible, the few who maintain its possibility either take it to be absent from the actual world or else confined to theoretical physics. Here, however, I argue that backwards causation is not only actual, but common, though occurring in the context of our social institutions. After juxtaposing my cases with a few others in the literature and arguing that we should take seriously the reality of causal cases in these contexts, I consider (...) several objections. These objections involve whether the cases should be reinterpreted, whether they are properly within the institution, whether they involve necessitation or else Cambridge changes, whether and how they involve changing the past, and whether this should call us to question institutional reality. I end by suggesting that it is a virtue of our institutions that they allow backwards causation, that this is a kind of technology that they are often built to incorporate. (shrink)

Husserl proceeds to show how a world-representation emerges from our world-experience, and how an idea of the world plays a role in the expansion of world-representations. He also draws our attention to the appropriation of other world-representations in a process of adjustment and compensation leading to intersubjective world-representations, and offers an analysis of the status of world-representations within transcendental phenomenology. In this article I will underline the relevance of Husserl’s concept of horizonedness to the characterization of the three levels of (...) world-experience, worldrepresentation, and the world as an idea. In getting clear on this relevance several points must be emphasized. (shrink)

This chapter reaches the following conclusions about laws that enhance punishment for criminal conduct prompted by group hatred or bias:Hatred should not be either a necessary or a sufficient condition for enhanced punishment.Enhanced punishment is justifiable when bias crimes display greater culpability, express disrespect for the victim’s group, or cause either greater psychic harm to the victim or group-specific outrage in the victim’s community.Properly designed bias crime laws do not improperly punish for thoughts or character.Such laws are more defensible if (...) they require that the actor’s primary motive was animus toward the disfavored group.There is no principled reason to require that such laws merely enhance punishment for an already existing parallel crime.Increasing punishment significantly because of bias may violate principles of proportionality. (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)

This Open Access book provides both a broad perspective and a focused examination of cow care as a subject of widespread ethical concern in India, and increasingly in other parts of the world. In the face of what has persisted as a highly charged political issue over cow protection in India, intellectual space must be made to bring the wealth of Indian traditional ethical discourse to bear on the realities of current human-animal relationships, particularly those of humans with cows. Dharma, (...) yoga, and bhakti paradigms serve as starting points for bringing Hindu--particularly Vaishnava Hindu--animal ethics into conversation with contemporary Western animal ethics. The author argues that a culture of bhakti--the inclusive, empathetic practice of spirituality centered in Krishna as the beloved cowherd of Vraja--can complement recently developed ethics-of-care thinking to create a solid basis for sustaining all kinds of cow care communities. (shrink)

ABSTRACT:In 2010,Business Ethics Quarterlypublished ten articles that considered the potential contributions to business ethics research arising from recent scholarship in a variety of philosophical and social scientific fields (strategic management, political philosophy, restorative justice, international business, legal studies, ethical theory, ethical leadership studies, organization theory, marketing, and corporate governance and finance). Here we offer short responses to those articles by members ofBusiness Ethics Quarterly’s editorial board and editorial team.

There is widespread consensus that present patterns of consumption could lead to the permanent impossibility of maintaining those patterns and, perhaps, the existence of the human race. While many patterns of consumption qualify as ‘sustainable’ there is one in particular that deserves greater attention: virtual consumption. We argue that virtual consumption — the experience of authentic consumptive experiences replicated by alternative means — has the potential to reduce the deleterious consequences of real consumption by redirecting some consumptive behavior from shifting (...) material states to shifting information states. (shrink)

"In this groundbreaking book Jean Walton subjects psychoanalysis to a sustained and highly illuminating ethnographic critique.

An omnipotent being would be a being whose power was unlimited. The power of human beings is limited in two distinct ways: we are limited with respect to our freedom of will, and we are limited in our ability to execute what we have willed. These two distinct sources of limitation suggest a simple definition of omnipotence: an omnipotent being is one that has both perfect freedom of will and perfect efficacy of will. In this paper we further explicate this (...) definition and show that it escapes the standard objections to divine omnipotence. (shrink)

In this paper, we use concepts, structure and tools from argumentation theory to show how conversational implicatures are triggered by conflicts of presumptions. Presumptive implicatures are shown to be based on defeasible forms of inference used in conditions of lack of knowledge, including analogical reasoning, inference to the best explanation, practical reasoning, appeal to pity, and argument from cause. Such inferences are modelled as communicative strategies to knowledge gaps that shift the burden of providing the missing contrary evidence to the (...) other party in a dialogue. Through a series of illustrative examples, we show how such principles of inference are based on common knowledge about the ordinary course of events shared by participants in a structured dialogue setting in which they take turns putting forward and responding to speech acts. (shrink)

A radical, optimistic exploration of how humans evolved to develop reason, consciousness, and free will. Lately, the most passionate advocates of the theory of evolution seem to present it as bad news. Scientists such as Richard Dawkins, Lawrence Krauss, and Sam Harris tell us that our most intimate actions, thoughts, and values are mere byproducts of thousands of generations of mindless adaptation. We are just one species among multitudes, and therefore no more significant than any other living creature. Now comes (...) Brown University biologist Kenneth R. Miller to make the case that this view betrays a gross misunderstanding of evolution. Natural selection surely explains how our bodies and brains were shaped, but Miller argues that it’s not a social or cultural theory of everything. In The Human Instinct, he rejects the idea that our biological heritage means that human thought, action, and imagination are pre-determined, describing instead the trajectory that ultimately gave us reason, consciousness and free will. A proper understanding of evolution, he says, reveals humankind in its glorious uniqueness—one foot planted firmly among all of the creatures we’ve evolved alongside, and the other in the special place of self-awareness and understanding that we alone occupy in the universe. Equal parts natural science and philosophy, The Human Instinct is a moving and powerful celebration of what it means to be human. (shrink)

In the Introduction to the Treatise concerning the Principles of Human Knowledge, Berkeley attacks the “received opinion that language has no other end but the communicating our ideas, and that every significant name stands for an idea” (PHK, Intro §19). How far does Berkeley go in rejecting this ‘received opinion’? Does he offer a general theory of language to replace it? If so, what is the nature of this theory? In this chapter, I consider three main interpretations of Berkeley's view: (...) the modified ideational theory, the speaker intentions theory, and the use theory. I argue that the use theory does, and its competitors do not, make sense of Berkeley's remarks on language in both the earlier and later works. (shrink)

Postmodernism is a term that has been used extensively to describe general trends and specific works in many different cultural contexts, including literature, cinema, architecture and the visual arts. This introduction clarifies the term and explores its relevance for music through discussion of specific musical examples from the 1950s to the present day, providing an engagement between theory and practice. Overall, this book equips students with a thorough understanding of this complex but important topic in music studies. It: • outlines (...) and addresses the problems of defining what we mean by postmodernism • explores when postmodernism begins • engages with a broad range of literature and reference sources, inviting wider reading and thinking • uses specific musical examples to present ways of interpreting music that can be defined as postmodernist. (shrink)

My aesthetic judgements seem to make claims on you. While some popular accounts of aesthetic normativity say that the force of these claims is third-personal, I argue that it is actually second-personal. This point may sound like a bland technicality, but it points to a novel idea about what aesthetic judgements ultimately are and what they do. It suggests, in particular, that aesthetic judgements are motions in the collective legislation of the nature of aesthetic activity. This conception is recommended by (...) its ability to explain some important but otherwise recondite features of aesthetic practice and, more importantly, by allowing us to ground the normativity of aesthetic judgement in the familiar normativity of practice. It also offers a more systematic way of understanding the rivalry between the ideals of aesthetic universality and diversity. (shrink)