Prvi del prispevka obravnava besedilno ustavo – in argument namena, s katerim razlagalci včasih radi istovetijo svoje odločitve v konkretnem sporu z voljo ustavopisca. Takšno rabo tega argumenta avtor izpodbije. Z miselnim eksperimentom pa nato utrjuje še, da bi ustavna teorija morala razlikovati med istočasno vplivnimi a) besedilno ustavo, b) predstavnoskladnimi oziroma ideološkimi ustavami in c) habitusom v smislu družbene ustave. | Besedilo je bilo napisano ob dvajsetletnici Ustave RS in objavljeno v jubilejnem zborniku: Igor Kaučič , Dvajset (...) let Ustave Republike Slovenije. Pomen ustavnosti in ustavna demokracija. (shrink)

An approach to argument macrostructure -- The dialectical nature of argument -- Toulmin's problematic notion of warrant -- The linked-convergent distinction, a first approximation -- Argument structure and disciplinary perspective : the linked-convergent versus multiple-co-ordinatively compound distinctions -- The linked-convergent distinction, refining the criterion -- Argument structure and enthymemes -- From analysis to evaluation.

The purpose of this essay is to offer a reconstruction of Lon Fuller’s critique of Hart’s legal positivism. I show that contrary to the claims of Fuller’s many critics, one can derive from his work a clear and powerful argument against legal positivism, at least in the guise found in the work of H.L.A. Hart. The essence of the argument is that Fuller’s principles of legality posit that the same considerations that count for law’s excellence are relevant also (...) for the determining what counts as law. I contrast this view with Hart’s legal positivism, which acknowledged that the principles of legality are relevant for law’s excellence, but considered them irrelevant for determining the question what counts as law. I argue that the positivist position is arbitrary, and - a point on which I focus - completely undefended. I draw from this point a more general challenge to Hart’s theory of law (as well as that of many of his followers), namely that though claimed to be a true theory of law, it has no resources to explain why this is so. I argue that Fuller’s theory does not suffer from this problem, because Fuller rejected a staple of contemporary jurisprudence - the separation of conceptual and normative jurisprudence. (shrink)

In recent years, with the appearance of a new wave of realism and non-descriptivism, the old dispute in meta-ethics between cognitivism and non-cognitivism has resurfaced. At present one of the most intensely discussed arguments among meta-ethicists is the so-called Moral Twin Earth argument of Terrence Horgan and Mark Timmons. It was presented in a series of articles published at the beginning of the nineties. However, a similar argument was put forth much earlier by Richard Hare, though the participants (...) of the discussion that has arisen in connection with the Moral Twin Earth have passed over it in silence. It appeared for the first time at the beginning of the fifties in The Language of Morals as the Missionary and the Cannibal Islands argument. Hare later renamed it the Reductio ad Absurdum of Descriptivism in an article published in 1986 under the same name. Since then he has made it as his basic instrument against descriptivism. In the present article the author outlines the argument of Moral Twin Earth, presents its prototype, and offers a concise criticism of it. (shrink)

Suppose Ted is in an ordinary house in good viewing conditions and believes red, his table is red, entirely because he sees his table and its color; he also believes not-white, it is false that his table is white and illuminated by a red light, because not-white is entailed by red. The following three claims about this table case clash, but each seems plausible: 1. Ted’s epistemic position is strong enough for him to know red. 2. Ted cannot know not-white (...) on the basis of red. 3. The epistemic closure principle, suitably restricted, is true. Stewart Cohen has called this three-way clash of intuitions the problem of easy knowledge. If we wish to resolve the clash without accepting skepticism, we seem to have two options. According to the hard argument, the best response is to reject 3. The easy argument rejects 2. But there may be a third alternative, the reverse argument, which rejects 1 without ceding a substantial amount of ground to the skeptic. In this essay I criticize recent versions of the reverse argument and the hard argument, thereby lending support to the easy argument. (shrink)

Defenders of Motivational judgment internalism (MJI) argue that in one sense or another, our moral judgments necessarily motivate us to some extent. One of the most prominent defenders is Michael Smith, who in his highly influential book The Moral Problem defends a form of moral rationalism, which is the view that moral reasoning is based on practical reasoning, and thus that moral facts can and are determined a priori. This form of rationalism Smith claims to entail his account about internalism.One (...) of the main merits of Smith’s account of moral motivation is that it allows for individual difference in levels of moral motivation, by making the claim that moral judgments necessarily motivate defeasible. Before elaborating on how Smith does so, I shall first discuss Smith's approach in The Moral Problem, which will also help to set out the basic assumptions that will be taken for granted within this essay. I will then look at the account that he provides, and assess it with respect to one of Russ Shafer-Landau's criticisms thereof. Shafer-Landau rather helpfully puts Smith’s case for his moral rationalism in the form of what he calls ‘the incoherence argument’. The strongest problem that Shafer-Landau has with this argument seems to be with the following claim: ‘it is irrational for an individual to not desire what his fully rational self would desire’. What I hope to conclude is as follows: Although Smith’s account of internalism can for the most part withstand this objection that Shafer-Landau makes to it, even though Smith himself does not demonstrate any incoherence in failing to desire what one’s fully rational self would desire, in that a different kind of incoherence can be defended through other means. This would however result in a requirement for Smith to make significant concessions to his project in The Moral Problem. (shrink)

This chapter will amount to a detailed exposition and exploration of one of the most prominent arguments against the existence of an unsurpassable world: the argument from addition. Endorsed by a variety of thinkers such as St. Thomas Aquinas, Alvin Plantinga, and William Rowe, the argument from addition uses the possibility of adding good things to a candidate unsurpassable world to argue that every world is surpassable. While widely endorsed, the argument has come under recent criticism. By (...) carefully working through a targeted version of the argument, I set out to establish the following: (i) that a world can always contain more good things; (ii) that a suitably restricted additive aggregation principle allows us to say that adding more good things in a certain way is an improvement, and (iii) that objections to the argument from widespread value incomparability fail. (shrink)

Để xem bóng đá và phát sóng video trực tiếp tốc độ cao, Xoilac là trang web lý tưởng. Đặc biệt, Xoilac không có bất cứ quảng cáo nào, vì vậy người xem vẫn thoải mái thưởng thức trận bóng đá mà không lo bị phân tâm vì bất cứ vấn đề gì. Ngoài ra, Xoilac có đội ngũ dày dặn chuyên môn, luôn đưa ra những nhận định chuẩn xác cho từng trận đấu bóng đá. Với đồ hoạ sinh (...) động, âm thanh lôi cuốn và sống động, Xoilac sẽ lưu lại dấu ấn sâu đậm trong tâm trí người xem bóng đá. (shrink)

What I have tried to do is elicit and disarm the motivations most likely to give rise to the [counterexamples to the principle crucial to Williams' argument]. Only one of these motivations is still viable: the instrumentalist theory of practical reasoning. But because internalism and instrumentalism are, as it has turned out, so very tightly linked, in disarming the motivations for the objection, I have also inventoried, and given reason to reject, what I have found to be the most (...) common conversationally adduced defences of instrumentalism: the appeals to imagination, to dispositional desires, and so on. The issue remaining from the debate over internalism turns out to be whether [instrumentalism is false---i.e. whether] there are patterns of practical inference that are not directed toward the satisfaction of desire. (shrink)

The argument from contingency for the existence of God is best understood as a request for an explanation of the total sequence of causes and effects in the universe (‘History’ for short). Many puzzles about how there could be such an explanation arise from the assumption that God is being introduced as one more cause prepended to the sequence of causes that (allegedly) needed explaining. In response to this difficulty, this chapter defends three theses. First, it argues that, if (...) the argument from contingency is to succeed, the explanation of History in terms of God must not be a causal explanation; second, that a particular hypothesis about God’s relation to History—that God is what I call the foundational ground of History—is intelligible and explanatory; third and finally, that the explanatory advantages of this hypothesis cannot be had within the confines of naturalism. (shrink)

Market events of the past few years have resurrected long unheeded calls for the professionalization of the occupation of business manager, not in terms of increased technical proficiency, but in terms of a renewed vigor to shape the practice of management and the education of those who will fill its ranks along the lines of the “ideal of service” which characterizes socially established professions like law and medicine. In this paper I argue that the push to professionalize business management can (...) be grounded in an ISCT (Integrative Social Contracts Theory) treatment of the “vulnerable values” argument which itself has served as a source for the professionalization of medicine and law. Additionally, I offer a sketch of an argument that once business managers are considered to be members of a profession, we can begin to develop an account of “business malpractice” which would, when it occurs, represent an ethical violation of the “publicpledge” that members of all professions make to serve the broader good of society. (shrink)

This book offers a discussion of the kalām cosmological argument, and presents a defence of a version of that argument after critically evaluating three of the most important versions of the argument. It argues that, since the versions of the kalām cosmological argument defended by Philoponus (c. 490–c. 570), al-Ghazālī (1058– 1111), and the contemporary philosopher, William Lane Craig, all deny the possibility of the existence of an actual infinite, these arguments are incompatible with Platonism and (...) the view that God foreknows an endless future. This conclusion, however, is not a problem for the proponents of the kalām cosmological argument, for the book shows how the argument can be defended without denying the possibility of the actual infinite. -/- In order to offer a comprehensive analysis of Philoponus and al-Ghazālī’s cosmological arguments, the book draws on recent English translations of some of their works. Next, the book advances a detailed argument against the popular argument based on the impossibility of an actual infinite. Finally, the book offers a unique defence of the kalām cosmological argument by defending philosophical arguments for a beginning of time that do not deny the actual infinite, evaluating which hypothesis best explains the discoveries of modern cosmology, and offering an argument in support of the premise that, if the universe came into existence, then God brought it into existence. (shrink)

: This article deals with the relationship between language and thought, focusing on the question of whether language can be a vehicle of thought, as, for example, Peter Carruthers has claimed. We develop and examine a powerful argument—the “argument from explicitness”—against this cognitive role of language. The premises of the argument are just two: the vehicle of thought has to be explicit, and natural languages are not explicit. We explain what these simple premises mean and why we (...) should believe they are true. Finally, we argue that even though the argument from explicitness shows that natural language cannot be a vehicle of thought, there is a cognitive function for language. (shrink)

Provides a detailed critical account of the beginning of the argument of part III of Kant’s Groundwork, the section of his writing in which he seems to come closest to offering a direct proof of our absolute freedom. It contends that there are several ambiguities and missteps in what seems to be Kant’s main line of argument here, but these need not count again Kant’s ultimate position. On the contrary, realizing that there may be such fundamental flaws in (...) this part of the Groundwork is the easiest way to understand why Kant never directly refers back to it and why he reversed his method of presentation so dramatically in the second Critique. (shrink)

Alexander Miller objects to the argument for moral judgement internalism that I provide in _The Moral Problem. Miller's objection suggests a misunderstanding of the argument. In this reply I take the opportunity to restate the argument in slightly different terms, and to explain why Miller's objection betrays a misunderstanding.

Debates on the moral status of human embryos have been highly and continuously controversial. For many, these controversies have turned into a fruitless scholastical endeavor. However, recent developments and insights in cellular biology have cast further doubt on one of the core points of dissent: the argument from potentiality. In this article we want to show in a nonscholastical way why this argument cannot possibly survive. Getting once more into the intricacies of status debates is a must in (...) our eyes. Not merely intellectual coherence but the standing and self-understanding of current stem cell research might profit from finally taking leave of the argument from potentiality. (shrink)

Contemporary biologists generally agree with E. O. Wilson’s claim that “reduction is the traditional instrument of scientific analysis.” This is certainly true of Michael Ruse, who has attempted to provide a Darwinian account of human scientific knowledge in terms of epigenetic rules. Such an account depends on the characterization of natural objects as the chance concatenations of material elements, making natural form an effect rather than a cause of the object. This characterization, however, can be shown to be false in (...) that it is self-refuting in its exclusion of formal cause. The retorsive argument for formal cause dialectically shows that any attempt to explain a natural object depends on the identification of form as the cause of the intelligibility of the object. It follows that Darwinian explanations of the products of human culture, such as science, cannot consistently treat form as an effect rather than a cause. (shrink)

Frank Jackson, Michael Smith, and Philip Pettit contend in their 2000 paper that an argument from supervenience deals a fatal blow to shapeless moral particularism, the view that the moral is shapeless with respect to the natural. A decade has passed since the Canberrans advanced their highly influential supervenience argument. Yet, there has not been any compelling counter-argument against it, as far as I can see. My aim in this paper is to fill in this void and (...) defend SMP against the Canberrans’ supervenience argument. Such being the case, I will firstly re-construct the Canberrans’ supervenience argument in detail and push it as far as it can go. In fact, I will defend it against a number of existing objections respectively from Garfield, Dancy, and McDowell. Next, I will argue, however, that the supervenience argument, despite its initial plausibility, has one major pitfall: it hinges on an overly permissive conception of ‘shape’ such that it does not generate the right kind of moral principles the shapeless moral particularists are concerned to refute. I thus conclude that the seemingly scathing supervenience argument turns out to be toothless against SMP. Although this would not prove SMP to be right, for it might attract criticisms from other fronts, yet, until they come up, SMP, contrary to prevalent conceptions, remains alive and kicking. (shrink)

In this article we take the use of examples as a means to explore the processes of persuasion and consensus-construction involved in the legitimation of popular management knowledge. Examples, as concrete instances or events used to substantiate a wider argument, have been variedly regarded in different research traditions. Classical logic and rhetoric have considered them an inferior form of argument, useful for pedagogic or public debate but inadequate for higher forms of thought. This spirit still permeates much psychological (...) research on communication, where the great persuasive import of examples has been contrasted with more scientific and formal resources for argumentation. Considered in this light, the contingent and episodic nature of examples seems to make them cognitively inferior to explicit statements of general rules. However, various strands of research on the nature of scientific knowledge have shown that implicit forms of knowledge are an integral part of scientific expertise. Examples may thus be more central to disciplinary thought than the conventional normative view seems to allow. In this spirit, we explore the use of examples in a hotly contested field, that of popular discourse on business and management. The profusion of examples in this kind of writing has been often noted, and almost as often criticized. We seek to explore more fully how these examples are deployed, examining the discursive devices that mark examples within the development of the text, their function as rhetorical moves, and their role in presenting arguments that are never otherwise made explicit. (shrink)

Alfred Mele’s zygote argument for incompatibilism is based on a case involving an agent in a deterministic world whose entire life is planned by someone else. Mele’s contention is that Ernie (the agent) is unfree and that normal determined agents are relevantly similar to him with regards to free will. In this paper, I examine four different ways of understanding this argument and then criticize each interpretation. I then extend my criticism to manipulation arguments in general. I conclude (...) that the zygote argument is no threat to compatibilism. (shrink)

In this paper I shall discuss the notion of argument, and the importanceof argument in AI and Law. I shall distinguish four areas where argument hasbeen applied: in modelling legal reasoning based on cases; in thepresentation and explanation of results from a rule based legal informationsystem; in the resolution of normative conflict and problems ofnon-monotonicity; and as a basis for dialogue games to support the modellingof the process of argument. The study of argument is held (...) to offer prospectsof real progress in the field of AI and law, and the purpose of this paperis to provide an overview of work, and the connection between the various strands. (shrink)

In a multi-study naturalistic quasi-experiment involving 269 students in a semester-long introductory philosophy course, we investigated the effect of teaching argument diagramming on students’ scores on argument analysis tasks. An argument diagram is a visual representation of the content and structure of an argument. In each study, all of the students completed pre- and posttests containing argument analysis tasks. During the semester, the treatment group was taught AD, while the control group was not. The results (...) were that among the different pretest achievement levels, the scores of low-achieving students who were taught AD increased significantly more than the scores of low-achieving students who were not taught AD, while the scores of the intermediate- and high-achieving students did not differ significantly between the treatment and control groups. The implication of these studies is that learning AD significantly improves low-achieving students’ ability to analyze arguments. (shrink)

Whereas a number of recent articles have focussed upon whether the thesis of content externalism is compatible with a certain sort of knowledge that is gained via first-person authority,1 far less attention has been given to the relationship that this thesis bears to the possession of knowledge in general and, in particular, its relation to internalist and externalist epistemologies. Nevertheless, although very few actual arguments have been presented to this end, there does seem to be a shared suspicion that content (...) externalism must be incompatible with epistemic internalism. In a recent and influential paper, however, James Chase has challenged this conventional wisdom by offering a subtle defence of the view that content externalism and epistemic internalism are, in fact, compatible after all.2 Our aim here is twofold. First, to show that Chase is only able to achieve this result because he focuses upon the internalist conception of justification, rather than knowledge. Second, to formulate one prima facie argument which shows that an internalist conception of knowledge is incompatible with an externalist conception of content, an argument which, moreover, is not touched by Chase. (shrink)

In the second chapter of his Modality, Probability and Rationality, James Sennett argues that Plantinga’s famed S5 Modal Argument (hereafter “MA”) for the existence of an unsurpassably great being is objectionably circular since it’s impossible for one to understand the premises of Plantinga’s MA without understanding these premises to logically entail its conclusion. That is to say, Sennett’s charge is that Plantinga’s MA is circular since there is no understanding of the premises of Plantinga’s MA that is independent of (...) its conclusion. In this paper I argue that Sennett has shown no such thing and that, contrary to strong prima facie appearances, there is an understanding of the premises of Plantinga’s MA that is independent of its conclusion. Consequently, Plantinga’s MA is not circular inthe way that Sennett alleges. (shrink)

We examine an argument for the non-context-freeness of English that has received virtually no discussion in the literature. It is based on adjuncts of the form 'X or no X', where X is a nominal. The construction has been held to exemplify unbounded syntactic reduplication. We argue that although the argument can be made in a mathematically valid form, its empirical basis is not secure. First, the claimed unbounded syntactic identity between nominals does not always hold in attested (...) cases, and second, an understanding of the semantics of the construction removes the necessity of making reference to any syntactic reduplication. (shrink)

The paper develops a classificatory system of basic argument types on the basis of the epis-temological approach to argumentation. This approach has provided strict rules for several kinds of argu-ments. These kinds may be brought into a system of basic irreducible types, which rely on different parts of epistemology: deductive logic, probability theory, utility theory. The system reduces a huge mass of differ-ent argument schemes to basic types and gives them an epistemological foundation.

Sober has reconstructed the biological design argument in the framework of likelihoodism, purporting to demonstrate that it is defective for intrinsic reasons. We argue that Sober’s restriction on the introduction of auxiliary hypotheses is too restrictive, as it commits him to rejecting types of everyday reasoning that are clearly valid. Our account shows that the design argument fails, not because it is intrinsically untestable but because it clashes with the empirical evidence and fails to satisfy certain theoretical desiderata (...) (in particular, unification). Likewise, Sober’s critique of the arguments from imperfections and from evil against design is off the mark. (shrink)

There is a tendency to use data from neuroscience, cognitive science and experimental psychology to rail against philosophical ethics. Recently, Joshua Greene has argued that deontological judgments tend to be supported by emotional responses to irrelevant features, whereas consequentialist judgments are more reliable because they tend to be supported by cognitive processes. In this article, I will analyse the evidence used by Greene to suggest a different kind of argument against deontology, which I will call the argument from (...) self-defeating beliefs. The charge of this type of argument amounts to exposing a psychological nature of deontological judgements that is supposedly rejected by deontologists. I will argue that the alleged evidence is poorly understood, mixed and indeterminate, failing to endorse general conclusions about the psychological processes underlying deontological judgements. (shrink)

Attempts have been made to prove God's non-existence. Often this takes the form of an appeal to the so-called Argument from Evil: if God were to exist, then he would not permit as much suffering in the world as there actually is. Hence the fact that there is so much suffering constitutes evidence for God's non-existence. In this essay I propose a variation which I shall call ‘The Argument from Non-belief’. Its basic idea is that if God were (...) to exist, then he would not permit as much non-belief in the world as there actually is. Hence the fact that there is so much non-belief constitutes evidence for God's non-existence. (shrink)