Lawyers’ practice in mediation is evolving with the widespread use of processes other than litigation which have been commonly referred to as the alternative dispute resolution (‘ADR’) options in Australia. Legal representation in mediation is part of the changing nature of legal work and is informed by the Australian Solicitors’ Conduct Rules (‘ASCR’) and practice guidelines. This article explores selected areas in the Law Council of Australia Guidelines for Lawyers in Mediation (‘LCA Guidelines’) and the ways that these guidelines provide (...) a normative framework for practice including the incorporation of ethical rules. The article argues that the guidelines should be revised to promote legal practice that includes emotion, which may encourage settlement by assisting in identifying core concerns. It draws on a variety of Australian empirical studies on emotion including lawyers’ practice and judges’ engagement with emotion in their role. It recommends revising the LCA Guidelines to better engage with emotions, and additionally, the opportunity for law school dispute resolution curriculum to incorporate engagement with emotion using the LCA Guidelines is raised. (shrink)

Lawyers’ practice in mediation is evolving with the widespread use of processes other than litigation which have been commonly referred to as the alternative dispute resolution (‘ADR’) options in Australia. Legal representation in mediation is part of the changing nature of legal work and is informed by the Australian Solicitors’ Conduct Rules (‘ASCR’) and practice guidelines. This article explores selected areas in the Law Council of Australia Guidelines for Lawyers in Mediation (‘LCA Guidelines’) and the ways that these guidelines provide (...) a normative framework for practice including the incorporation of ethical rules. The article argues that the guidelines should be revised to promote legal practice that includes emotion, which may encourage settlement by assisting in identifying core concerns. It draws on a variety of Australian empirical studies on emotion including lawyers’ practice and judges’ engagement with emotion in their role. It recommends revising the LCA Guidelines to better engage with emotions, and additionally, the opportunity for law school dispute resolution curriculum to incorporate engagement with emotion using the LCA Guidelines is raised. (shrink)

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

Introduction; Aidos in Homer; From Hesiod to the Fifth Century; Aeschylus; Sophocles; Euripides; The Sophists, Plato, and Aristotle; References; Glossary; Index of Principal Passages; General Index.

The American thinker Charles Sanders Peirce, best known as the founder of pragmatism, has been influential not only in the pragmatic tradition but more recently in the philosophy of science and the study of semiotics, or sign theory. Strands of System provides an accessible overview of Peirce's systematic philosophy for those who are beginning to explore his thinking and its import for more recent trends in philosophy.

This article examines the theory of recollection in Plato's Meno and attempts to unravel some long-standing puzzles about it. What are the prenatal objects of the soul's vision? What are the post-natal objects of the soul's recollection? What is innate in the Meno? Why does Socrates (prima facie) suggest that both knowledge and true opinion are innate? The article pays particular attention to the ana- prefix in the verbs aneuriskô, anakineô and analambanô, and suggests that they are used for two (...) distinct stages of recollection: a phenomenological stage of ‘finding again’ or ‘awakening’ our innate content, which Plato calls doxa, and an epistemic stage of ‘getting it back’ as epistêmê. Thinking of the verbs with this ‘back/again’ sense of the ana- prefix (instead of as ‘up’, in the common translation of analambanô as ‘take up’) allows us to understand why Plato would simultaneously imply that our souls had prenatal epistêmê, have post-natal innate true opinion and have the potential to analambanein epistêmê. He is not talking about ‘taking up’ epistêmê that he also calls doxa, but about ‘getting back’ the epistêmê we had prenatally. The article concludes with an examination of what this innate content is, suggesting that it is a type of ‘principle’ and ‘essential’ mental content. (shrink)

At the core of Swedenborg’s thought is the understanding that our purpose in this life is to progress spiritually—to learn, to grow, to do good works, and, ultimately, to allow as much of God’s love as possible to enter into us and manifest through us. Scattered throughout his works are descriptions of our mind and how it relates to both the physical and spiritual worlds. In this book, Taylor pulls these loose threads together and weaves them into a simple, coherent (...) whole, presenting Swedenborg’s teachings as a system that anyone can follow. Taylor describes the external or natural mind as primarily concerned with material things, and the inner mind, in its essence, as love. As we elevate our thoughts toward higher and higher types of love and wisdom, we draw closer to God and begin the process of regeneration, or rebirth as spiritual beings. This is the first time in many decades that a book has been published on Swedenborg’s philosophy of the mind. Taylor’s straightforward commentary gives readers a rare insight into this crucial aspect of Swedenborg’s theology. (shrink)

Several diagrams and tables from review articles during the Ox-Phos Controversy serve as an occasion to assess the nature of competition in models of theory choice in science. Many models follow "Super-Bowl" principles of polar, either-or, winner-take-all competition. A significant alternative highlighted by this episode, however, is the differentiation of domains. Incommensurability and the partial divergence of overlapping domains serve both as signals and context for shifting frameworks of competition. Appropriate strategies may thus help researchers diagnose the status of competition (...) and shape their research accordingly. (shrink)

We examine a contribution L. Susan Stebbing made to the understanding of critical thinking and its relation to formal logic. Stebbing took expertise in formal logic to authorise logical intervention in public debate, specifically in assessing of the validity of everyday reasoning. She held, however, that formal logic is purely the study of logical form. Given the problems of ascertaining logical form in any particular instance, and that logical form does not always track informal validity, it is difficult to see (...) how she could justify her belief in logical interventionism. Her answer to this problem is the contribution we explore here. It involves the view that although the logician’s expertise is not sufficient to assess arguments made in everyday contexts on its own, it nevertheless plays a unique role in giving systematicity and direction to the critique of such arguments, in particular, in public debate. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 34.2 (2001) 93-112 [Access article in PDF] Enthymemes, Common Knowledge, and Plausible Inference Douglas Walton The study of enthymemes has always been regarded as important in logic, critical thinking, and rhetoric, but too often it is the formal or mechanistic aspect of it that has been in the forefront. This investigation will show that there is a kind of plausibilistic script-based reasoning, of a kind (...) that has mainly been studied in artificial intelligence, that should have a much more important role to play in the study of enthymemes. But then curiously, as will also be shown, this plausibilistic type of reasoning was familiar in the ancient world, to the Sophists, as well as to leading philosophers such as Plato and Aristotle. By linking this ancient notion of plausibility to the modern notion used in computer science, this investigation reveals an important basis for the enthymeme that has a type of logical structure in its own right, but also has an informal aspect.An enthymeme, in current usage, is an argument that has one or more premises, or possibly a conclusion, not explicitly stated in the text, but that needs to have these propositions explicitly stated to extract the complete argument from the text. Sometimes enthymemes are described as arguments with "missing premises." That vocabulary is awkward, however, because the nonexplicit statement that needs to be added can be a conclusion, at least in a minority of cases. To make the exposition below smoother, the term nonexplicit assumption will be used to cover either the case of a nonexplicit premise or that of a nonexplicit conclusion. The problem with enthymemes is that if the nonexplicit assumptions in an argument are supposed to be propositions used by the arguer (as opposed to just the propositions needed to make the argument structurally correct, according to some standard), reasonable people can have differences of opinion on what the nonexplicit assumptions are supposed to be. The problem is that filling in the missing parts of enthymemes depends on interpreting the natural language [End Page 93] in which the argument was put forward to try to determine what the speaker meant to say.The solution to the problem comes through the recognition that enthymemes rest not only on formal (structural) criteria, but also on informal criteria. One of the most important of these informal criteria is something often called "common knowledge" (Govier 1992; Freeman 1995). But as shown below in a set of selected case studies of enthymemes, "common knowledge" is not really a kind of knowledge at all. It is really plausibility, or eikos, something well known in the ancient world and often misleadingly translated as "probability." Curiously, Aristotle's original doctrine of the enthymeme was based on this notion of plausibility. This historical fact has often been a source of puzzlement and confusion, and sometimes it has even been taken to indicate a defect or contradiction in Aristotle's treatment of the enthymeme. However, the goal of this investigation is not primarily historical. It is to work out one of the most important required steps toward a solution to the problem of enthymemes. But to do this, it is necessary to come back to the ancient notion of plausible inference. 1. The problem with enthymemes Once you have any formal theory of inference, like syllogistic, for example, you will be confronted by cases of arguments in everyday discourse that meet all the requirements for a structurally correct inference except that some part or parts, usually a premise or a conclusion, is missing. By "missing" is meant that the proposition in question has not been explicitly stated in the text of discourse, even though it may be clear enough that the speaker (writer) was relying on it, or including it, as part of the argument. The classic example is the following inference: All men are mortal; therefore, Socrates is mortal. To evaluate such an argument, surely some account of the "hidden" or "missing" assumption needs to be taken. The problem with enthymemes (Burke 1985; Gough and Tindale 1985; Hitchcock 1985) is that, if given carte... (shrink)

Hastings Center Report, Volume 51, Issue 5, Page 42-47, September‐October 2021.

Corporate social responsibility (CSR) is an area of great interest, yet little is known about how CSR is perceived and practiced in the professional sport industry. This study employs a mixed-methods approach, including a survey, and a qualitative content analysis of responses to open-ended questions, to explore how professional sport executives define CSR, and what priorities teams have regarding their CSR activities. Findings from this study indicate that sport executives placed different emphases on elements of CSR including a focus on (...) philanthropic activities and ethical behaviors. The data suggest that professional sport executives view CSR as a strategic imperative for their business. Sport executives indicated that a number of factors influenced the practice of their CSR including: philanthropy (altruistic giving), an emphasis on the local community, partnerships, and ethical concerns. We also examine important organizational variables for sport (winning, revenues, and team value) and highlight their relationship with reported CSR involvement. We discuss the implications of the findings and propose recommendations for both theory and practice. (shrink)

To understand Nietzsche’s pedagogy of self-overcoming and to determine its true import for contemporary education, it is necessary to understand Nietzsche’s view of the self that is to be overcome. Nevertheless, previous interpretations of self-overcoming in the journals of the philosophy of education have lacked serious engagement with the Nietzschean self. I devote the first part of this paper to redressing this neglect and arguing for a view of the Nietzschean self as an assemblage of ontologically basic affects which have (...) been guided and modulated by the incorporation of perspectives. This interpretation has important consequences for self-overcoming, for it constrains the individual’s conscious agency to operations on perspectives. In light of this view I then advance a competing conception of self-overcoming and discuss some of the shortcomings of antecedent interpretations. Although previous interpreters have done their part to exhaust the characteristic actions of self-overcoming, I argue that they have either exaggerated the deleteriousness of social influence in the formation of the authentic individual, or else ignore it altogether. In the final part I reconsider the debate over the democratic or aristocratic nature of Nietzsche’s pedagogy of self-overcoming. Interestingly, self-overcoming cannot be labeled strictly as either, and out of this ambiguity grows the role of the school as an agent of cultural transformation. (shrink)

Journal of Philosophy of Education, EarlyView.

“Employees have rights by virtue of employment law and the contract of employment. They also have a third right, however: that of being treated with respect…” What this implies is explored here in detail by the Senior Partner of Phoenix Human Resources Consultants, 17 Den Road, Shortlands, Bromley, Kent BR2 ONH. Ms Douglas originally gave this presentation at a meeting of The Ethical Business Forum at London Business School.

In Aristotle’s On the Soul he considers and refutes two versions of the harmonia theory of the soul’s relation to the body. According to the harmonia theory, the soul is to the body what the tuning of a musical instrument is to its material parts. Though he believes himself to have entirely dismissed the view, he has not. I argue that Aristotle’s hylomorphic account is, in fact, an instance of the harmonia theory.

Book reviewed in this article: Good Days, Bad Days: The Self in Chronic Illness and Time. By Kathy Charmaz.

This chapter contains sections titled: A Method of Inquiry Doubt, Intuition, and Certainty Peirce's Reconstruction of the “method for guiding one's reason” A Transformed Ontology.

An engaging argument about what experimental music can tell us about being human. -/- In Experimenting the Human, G Douglas Barrett argues that experimental music speaks to the contemporary posthuman, a condition in which science and technology decenter human agency amid the uneven temporality of postwar global capitalism. Time moves forward for some during this period, while it seems to stand still or even move backward for others. Some say we’re already posthuman, while others endure the extended consequences of (...) never having been considered fully human in the first place. Experimental music reflects on this state, Barrett contends, through its interdisciplinary involvements in postwar science, technology, and art movements. -/- Rather than pursuing the human’s beyond, experimental music addresses the social and technological conditions that support such a pursuit. Barrett locates this tendency of experimentalism throughout its historical entanglements with cybernetics, and in his intimate analysis of Alvin Lucier’s neurofeedback music, Pamela Z’s BodySynth performances, Nam June Paik’s musical robotics, Pauline Oliveros’s experiments with radio astronomy, and work by Laetitia Sonami, Yasunao Tone, and Jerry Hunt. Through a unique meeting of music studies, media theory, and art history, Experimenting the Human provides fresh insights into what it means to be human. (shrink)

Though the overall numbers of women judges remain small, higher proportions of women have been appointed to many lower courts in common law, and particularly in civil law, countries. This paper investigates whether the experiences of judging and judicial work differ among women and men magistrates in Australia’s lower courts. The particular focus is satisfaction with their work as judges. In so doing, it helps build up a picture of the extent of the gendered nature of the judiciary as an (...) occupation. Measures of overall job satisfaction identify few gender differences; more refined measures highlight areas of divergence between men and women magistrates, suggesting gendered experiences of judicial work which result from particular characteristics of the occupation, as presently constituted, rather than the nature of judging itself. (shrink)

Ayn Rand's 1943 masterpiece, The Fountainhead is the story of Howard Roark, an architect of enormous talent who turns down one lucrative commission after another because they would force him to modify his designs and compromise his integrity, but in spite of his refusals, or perhaps because of them, he goes on to triumph over many obstacles and establish himself as a master. Douglas Den Uyl's new study, The Fountainhead: An American Novel, is the first volume to exclusively explore (...) Rand's most famous novel and also delve into her theory of individualism, called "objectivism." This theory eschews all government intervention into both the lives of individuals and the workings of a capitalist economy and has inspired a popular philosophical following for Rand over the years. (shrink)

Moral judgments can occur either in settings that call for impartiality or in settings that allow for partiality. How effective are impartiality settings such as hospitals in suppressing personal biases? Portrayed as decision-makers in an emergency department, 431 college students made judgments on which of two victims of a mass shooting should receive immediate, life-saving care. Patients differed in ways that could reveal biases, e.g., age, kinship, gender, and villain/hero. Participants rated each patient’s moral deservingness to receive immediate care and (...) the likelihood they would choose the patient. Both scales showed young favored over old, cousin over stranger, and policeman over shooter. In a hospital-room scenario with high risk of injury from falling, age bias disappeared. With moderate fall risk, age bias reversed and kinship deservingness bias disappeared. Bias decreases when there is a decrease in severity of potential harm to the preferred stakeholder. Settings that call for impartiality are not reliable “boundary conditions” against expressions of bias. In the absence of explicit guidelines for allocating scarce resources, a systematic, objective method of random selection offers a potentially useful strategy. (shrink)

This article explores the relation between ‘citing the evidence’, or implicating a particular diagnosis, and ‘asserting the condition’, or overtly predicating the diagnosis as an attribute of a person. Clinicians regularly postpone or delay asserting the condition, which is interactionally more confrontational and presumptive. They regularly do the postponement by citing the evidence prior to asserting the condition, using the evidence as kind of predecessor account for predicating the diagnosis as an attribute of the person. Citing the evidence as leading (...) to asserting the condition enhances the likelihood of recipients realizing some bad news or other kind of diagnostic upshot. This study has implications for the relation between interaction and authority in medical discourse. (shrink)

In this book Douglas Langston traces its intellectual history to account for its neglect while arguing for its still vital importance, if correctly understood.

In his "A Neglected Argument for the Reality of Goc" (1908), Charles Peirce argued for two dimensions of belief in God's reality. On the one side, he maintained that this belief would be useful for guiding the conduct of life; on the other side, he maintained that the belief could function as the first stage in a scientific inquiry. My suggestion in this paper is that we examine the last of Peirce's 1903 lectures on pragmatism at Harvard to see how (...) the possibility of this dual function arises out of his late theory of cognition in which the functional certainty of perception is brought to close quarters with the provisionality of hypotheses. The upshot is that for Peirce a healthful religious belief should internally "marry" science and religion —theory and practice — by allowing provisional and vague conceptions of God to carry on the work of guiding conduct. /// No texto "A Neglected Argument for the Reality of God" (1908), Charles Peirce defende que há duas dimensões de crença na realidade de Deus. Afirma, por um lado, que esta crença poderia ser útil para orientar o comportamento (conduct of life); por outro, que ela poderia ser como que o primeiro escalão numa investigação científica. A minha sugestão neste artigo é que, examinámos as últimas conferências de Peirce de 1903 sobre o pragmatismo em Harvard para ver como a possibilidade desta dupla função surge da sua última teoria de conhecimento (cognition) em que a certeza funcional de percepção é usada para aproximar o aspecto provisório das hipóteses. A consequência disso é que para Peirce uma saudável crença religiosa deve "juntar" internamente ciência e religião - teoria e prática - permitindo as concepções provisórias e vagas de Deus para continuar a tarefa de orientar o comportamento. /// Dans ce texte "Un argument négligé pour la réalité de Dieu" (1908), Charles Peirce soutient qu'il y a deux dimensions de croyance en la réalité de Dieu. Il afflrme, d'un côté, que cette croyance pourrait être utile pour orienter le comportement (conduct of life) et, par ailleurs, qu'elle pourrait être pour ainsi dire le premier niveau dans une recherche scientifique. Ma suggestion dans le présent article est que nous examinions les dernières conférences de Peirce en 1903 sur le pragmatisme à Harvard pour voir comment Ia possibilite de cette double fonction surgit de sa dernière théorie de la connaissance dans laquelle la certitude fonctionnelle de perception est utilisée pour aborder l'aspect provisoire des hypothèses. La conséquence en est que pour Peirce une saine croyance religieuse doit "unir" intrinsèquement science et religion - théorie et pratique - en permettant les conceptions provisoires et vagues de Dieu. (shrink)

Plato scholarship in education is currently experiencing a marked renaissance. In the last half decade, dozens of articles have been published in the journals of philosophy of education that engage with Plato’s educational vision, and several book-length treatments have appeared at major publishing houses alongside these articles. From one perspective, this development might seem surprising, even baffling. Plato, as we hear from countless, seemingly reliable sources, is a metaphysician par excellence. He believes in a dubious realm of forms that somehow (...) stands above or behind the things we see in the world. He claims that all learning is ultimately recollection from a time in which our soul resided in this realm, before it was infused into our bodies at birth. He is a trenchant critic of democracy. Given these credentials, it would seem that Plato has very little to say to us in post-metaphysical democratic societies and especially to teachers who hope to have a bit more success than Socrates. And yet the authors of the aforementioned works on Plato argue the very opposite. Plato is an indispensable conversation partner for contemporary educational philosophy and theory, they maintain, and overlooking his insights would seriously impoverish our conceptions and methods of education. This suite of papers aims to provide a helpful overview of the contemporary debate concerning Plato’s educational legacy and show that it provides important guidance for educators today. (shrink)

In this engaging book, Douglas Anderson begins with the assumption that philosophy—the Greek love of wisdom—is alive and well in American culture. At the same time, professional philosophy remains relatively invisible. Anderson traverses American life to find places in the wider culture where professional philosophy in the distinctively American tradition can strike up a conversation. How might American philosophers talk to us about our religious experience, or political engagement, or literature—or even, popular music? Anderson’s second aim is to find (...) places where philosophy happens in nonprofessional guises—cultural places such as country music, rock’n roll, and Beat literature. He not only enlarges the tradition of American philosophers such as John Dewey and William James by examining lesser-known figures such as Henry Bugbee and Thomas Davidson, but finds the theme and ideas of American philosophy in some unexpected places, such as the music of Hank Williams, Tammy Wynette, and Bruce Springsteen, and the writingsof Jack Kerouac.The idea of “philosophy Americana” trades on the emergent genre of “music Americana,” rooted in traditional themes and styles yet engaging our present experiences. The music is “popular” but not thoroughly driven by economic considerations, and Anderson seeks out an analogous role for philosophical practice, where philosophy and popular culture are co-adventurers in the life of ideas. Philosophy Americana takes seriously Emerson’s quest for the extraordinary in the ordinary and James’s belief that popular philosophy can still be philosophy. (shrink)

This paper presents a rival proposal to that presented by Dietsch and Rixen to ensure international background justice. It explains the notion of background justice and how this is challenged by the lack of international co-operation on taxation policy. It then presents the principles which Dietsch and Rixen propose in order to respond to this concern: the principle of membership and the principle of constraint. The paper proposes alternative principles of relationship and counter-incentive, which are argued to be superior means (...) to achieve the aim of global background justice. This is because the alternative principles do not interfere with the right of states to set the tax-rates that they desire. The counter-incentive approach instead rewards the states who set higher taxes and provides them with revenues from taxpayers who have left either to seek lower taxes elsewhere or for any of a number of other reasons. (shrink)

Journal Name: Apeiron Issue: Ahead of print.