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)

An economist's view, by K.E. Boulding.-- A theologian's view, by C.E. Voss.-- A philosopher's view, by W.A. Kaufmann.

Although studies have yielded a detailed taxonomy of types of slippery slope arguments, they have failed to identify a basic argumentation scheme that applies to all. Therefore, there is no way of telling whether a given argument is a slippery slope argument or not. This paper solves the problem by providing a basic argumentation scheme. The scheme is shown to fit a clear and easily comprehensible example of a slippery slope argument that strongly appears to be reasonable, something that has (...) also been lacking. (shrink)

Because psychotherapists are not moral teachers, they ought not to advise their clients about evaluative questions. This means that their advice must be limited to a concern with the client''s view of reality. It happens that in our times, there are prefabricated views of reality on offer from a variety of ideologies-Marxism and feminism being currently the most influential. Ideologists not only offer prefabricated realities-called consciousness- but also present a set of arguments to show that because choice is unreal, consciousness (...) is all that matters. Adopting the ideological concept of consciousness thus becomes a backdoor variant of the ultimate sin against scientific method: namely smuggling unsubstantiated, indeed undiscussed, values into therapy. (shrink)

My aim in this essay is to distinguish and comment on a specific movement of thought which I shall call “democracy as a telos.” This expression refers to a conception of democracy, cultivated by normative political philosophers, in which all democratic potentialities have at last been realized. The result is thought to be a perfected political community. Democracy as a telos must thus be distinguished from the actual liberal democracies we enjoy at the end of the twentieth century. Indeed, democracy (...) as a telos takes off from a specific rejection of such familiar institutions as elections, political parties, oppositions, a free press, and the rest, which are regarded, according to taste, as individualistic, bourgeois, atomistic, formal, and abstract. Democracy as a telos refers to the theories of reformers who, dissatisfied with our present condition, argue that only a radically transformed democracy can generate a real political community. (shrink)

Volume 19, Issue 10, October 2019, Page W5-W8.

This is a study of how ambiguous identities are interactionally managed in network marketing discourse. Network marketing, as an enterprise `using' friendship to promote products, has been notorious for its exploitative use of interpersonal meaning. In this study, the interactions between supervisors and subordinates in network marketing firms have been studied and their relationship was found to be ambiguous and conflicting. On the one hand, they are `friends' because of the strong emphasis on rapport and harmony in the philosophy of (...) network marketing; on the other hand, the supervisors have to regulate their downlines, which unfortunately lacks the legitimacy found in traditional business firms, as neither of them is an employee of their company. These ambiguous and conflicting identities motivate the participants to mobilize pertinent identities so as to manage conflicts, justify themselves and resume control. Previous research has shown that identities are both interactionally and retrospectively constructed. This study adds to our understanding that identities are not only products of interactions but that they are also interactional resources, which can be mobilized by participants to achieve their goals, although the identity mobilization does not always result in harmony owing to the inherent incompatiblity of the identities invoked. Implications for identity formation in contemporary firms are also drawn. (shrink)

Husserl’s reflections on the European crisis appear philosophically confused and politically counterproductive. After acknowledging this appearance, I make a case for their continued philosophical and political importance. I attempt to resolve philosophical confusion by clarifying the attitude that addresses the crisis as the ‘attitude of the phenomenologist’ and distinguishing this from the phenomenological attitude. The former contends with problems pertaining to phenomenology as a cultural structure. I show how Husserl’s conception of a ‘European crisis’ results from confronting one such problem. (...) After outlining what Husserl means by ‘Europe,’ I assess the relevance of the concept to the critique of Western imperialism. I argue that Husserl’s program of Europeanization opposes ethnocentrism and cultural imperialism, but remains within the framework of an unwarranted European exceptionalism. I suggest that the political and historical concepts central to Husserl’s engagement with the crisis problematic need not determine the problematic itself, which deserves further thinking through. (shrink)

This study addresses the question of justice in health care. Increasing numbers of Americans are uninsured, the cost of health care is escalating, and is projected to continue doing so. In response to these and other concerns, Americans have looked to their neighbor to the north, Canada, for possible help in treating the ills of America's health care system. In addition to offering a comparative analysis of the Canadian and American health care systems, we have sought to identify the facts (...) that motivate concerns on both sides of the border. It is within this larger context, we argued, that the question of justice in health care must be answered. ;We consider two alternative answers that have been advanced in response to the question of justice in health care, Norman Daniels' fair equality of opportunity argument and Allen Buchanan's enforced beneficence arguments for a right to a decent minimum of health care. After subjecting these arguments to critical scrutiny, we found that they could not bear the moral weight that the authors thought they could. ;We then considered an alternative account that might be used to address the question of justice in health care, David Gauthier's theory of justice. We concluded, among other things, that under his theory people would have a right to a just minimum of health care. In addition, we argued that a just minimum of health care would resolve the theory-dependent version of the bottomless pit problem. (shrink)

_Sanctification: Seeing Life Through a Sacred Lens_ suggests that sacred matters represent a vital interest for the psychology of religion. The articles throughout this special issue propose that individuals can perceive virtually any aspect of their lives as having divine character and significance. Several implications of sanctification for human functioning are discussed: people invest a great deal of time and energy in sacred matters; people go to great lengths to preserve and protect what they perceive to be sacred; sacred aspects (...) of life elicit spiritual emotions; sanctification offers a powerful personal and social resource individuals can tap throughout their lives; and the loss of the sacred can have devastating effects. The articles illustrate initial findings in this area of theory and research, and generate questions to stimulate further explorations into this relatively uncharted area of study. (shrink)

We give positive answers to two open questions from [15]. (1) For every set C countably determined over A, if C is Π 0 α (Σ 0 α ) then it must be Π 0 α (Σ 0 α ) over A, and (2) every Borel subset of the product of two internal sets X and Y all of whose vertical sections are Π 0 α (Σ 0 α ) can be represented as an intersection (union) of Borel sets with (...) vertical sections of lower Borel rank. We in fact show that (2) is a consequence of the analogous result in the case when X is a measurable space and Y a complete separable metric space (Polish space) which was proved by A. Louveau and that (1) is equivalent to the property shared by the inverse standard part map in Polish spaces of preserving almost all levels of the Borel hierarchy. (shrink)

The use of a personal shorthand, including systematic abbreviations, is found in Russell’s extensive, unpublished notes on lectures he attended in 1893–98, notes on such philosophers as Lotze, Leibniz, Frege and Meinong, and outlines for writings at any age. While special shorthand symbols are few, abbreviations are extensive and managed with raised letters, apostrophes and periods.