This paper uses argumentation tools such as argument diagrams and argumentation schemes to analyze four examples of argument from analogy, and argues that to proceed from there to evaluating these arguments, features of the context of dialogue need to be taken into account. The evidence drawn from these examples is taken to support a pragmatic approach to studying argument from analogy, meaning that identifying the logical form of the argument by building an argument diagram of (...) the premises and conclusion is not by itself sufficient for argument evaluation. To get further, it is argued, the argument evaluator needs to take into account how this particular argument was used in context to support a conversational goal.Cet article utilise des outils d'argumentation tels que des diagrammes d'argument et des schèmes d'argumentation pour analyser trois exemples d'argument par analogie, et soutient que pour évaluer ces arguments de manière adéquate, il est nécessaire de tenir compte du contexte d'utilisation de l'argument. Ces exemples suggèrent que l’étude des arguments par analogie à partir de seulement l’identification de leur forme logique n'est pas adéquate. Pour aller plus loin, on avance que l'analyste d'argument doit prendre en compte comment un argument particulier a été utilisé dans un contexte pour soutenir un but conversationnel. (shrink)

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of (...) the terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation (...) and how the criteria for evaluating analogy argumentation can be used to reconstruct these types of complex analogy argumentation in Dutch case law. The critical questions in the argumentation scheme do not only serve as a tool for analyzing arguments justifying analogy argumentation, but are also helpful in analyzing arguments against a specific analogy argumentation. (shrink)

John Woods and Brent Hudak’s theory on arguments by analogy (1989), although correct in its meta-argumentative approach, gives rise to problems when we consider the possibility of weighing reasons. I contend that this is an outcome of construing the relationship between the premises and the conclusion of arguments compared in argumentation by analogy as inferences. An interpretation in terms of reasons is proposed here. The reasons-based approach solves these problems and allows the theory to be extended to account for a (...) particular variant of argumentation by analogy in which the subjects of comparison are not arguments, but weighings of reasons. (shrink)

This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...) deference to experts--something that has been largely unrecognized in legal theory. After presenting a detailed model of analogy, Chapter 1 argues that legal reasoning by analogy, like analogical argument in logic, mathematics, and the natural sciences, possesses a great deal of rational force when properly executed. Chapter 2 investigates the reasoning process by which non-expert legal reasoners defer epistemically to the judgments of scientists. It presents five main conclusions or explanations. Every practical syllogism actually consists of two distinct chains of inference, and what is usually considered in writings on practical reasoning to be the minor premise of a practical syllogism is actually the conclusion of a separate chain of argument. When a practical reasoner defers epistemically to a theoretical expert, this separate chain of argument has a special structure, which is modeled in Chapter 2. The non-expert legal reasoner must always make a prescriptive practical judgment about the standard of epistemic appraisal and level of epistemic confidence that the reasoner requires of scientific evidence before it may be relied upon in reaching a legal decision. Legal systems should be committed to an emergent rule of law ideal identified and referred to as "intellectual due process" which condemns epistemically arbitrary reasoning processes insofar as they play a role in legal decisionmaking. Since non-arbitrariness is a necessary condition of both epistemic and legal legitimacy, we have compelling reason to doubt that the non-arbitrariness condition can be met when non-experts defer epistemically to scientific experts. (shrink)

ABSTRACT: In this essay I characterize arguments by analogy, which have an impor- tant role both in philosophical and everyday reasoning. Arguments by analogy are dif- ferent from ordinary inductive or deductive arguments and have their own distinct features. I try to characterize the structure and function of these arguments. It is further discussed that some arguments, which are not explicit arguments by analogy, nevertheless should be interpreted as such and not as inductive or deductive arguments. The result is that (...) a presumed outcome of a philosophical dispute will have to be reconsidered. (shrink)

In this article I defend what I call a ‘particularist approach to arguments by analogy.’ Particularism is opposed to generalism, which is the thesis that arguments by analogy require a universal principle that covers cases compared and guarantees the conclusion. Particularism rejects this claim and holds that arguments by analogy operate on particular cases. I elaborate on two ideas that support this position. On the one hand, I contend that an analogy can be seen as a parallelism of argumentative relationships, (...) drawing on the distinction between similarity and analogy (Gentner 1983) and on the meta-argumentative account of arguments by analogy (Woods and Hudak 1989). On the other hand, I argue that universal principles are not necessary neither for the analysis nor the evaluation of arguments by analogy (Govier 1989) and that, rather than being a requirement, they can be seen as by-products of good analogies. (shrink)

Successful accounts of analogy in law have two burdens to discharge. First, they must reflect the fact that the conclusion of an argument by analogy is a normative claim about how to decide a certain case. Second, they must not fail to accord relevance to the fact that the source case was authoritatively decided in a certain way. We argue in the first half of this paper that the common view of the structure of analogical arguments in law (...) cannot overcome these hurdles. In the second half we develop an original account that aims to succeed where others failed. (shrink)

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

Herein, I consider arguments resting on an appeal to a non-existent authority as a species of argument from authority, and ultimately show them to be reliant on arguments from analogy in their inferential force. Three sub-types of argument are discussed: from authorities as yet unborn, no longer living, or incapable of ever doing so. In each case it is shown that an element of arguing from analogy is required since there can be no direct evidence of any assertions (...) of the source. In conclusion, it is suggested that such steps of analogy are employed frequently in traditional arguments from authority. (shrink)

This essay presents a dialogical framework for treating philosophical disagreements as persuasion dialogues with analogical argumentation, with the aim of recasting philosophical disputes as disagreements over analogies. This has two benefits: it allows us to temporarily bypass conflicting metaphysical intuitions by focusing on paradigmatic examples, similarities, and the plausibility of conclusions for or against a given point of view; and it can reveal new avenues of argumentation regarding a given issue. This approach to philosophical disagreements is illustrated by studying (...) the role of argumentation by analogy in disputes over Lockean justifications of intellectual property rights, and disagreements over whether artificial agents should be treated as moral agents. Finally, a nonexhaustive list of possible global and local points of contention over analogical arguments is identified in order to highlight potential avenues of argumentation in disagreements over analogies. (shrink)

This essay (a revised version of my undergraduate honors thesis at Stanford) constructs a theory of analogy as it applies to argumentation and reasoning, especially as used in fields such as philosophy and law. The word analogy has been used in different senses, which the essay defines. The theory developed herein applies to analogia rationis, or analogical reasoning. Building on the framework of situation theory, a type of logical relation called determination is defined. This determination relation solves a puzzle (...) about analogy in the context of logical argument, namely, whether an analogous situation contributes anything logically over and above what could be inferred from the application of prior knowledge to a present situation. Scholars of reasoning have often claimed that analogical arguments are never logically valid, and that they therefore lack cogency. However, when the right type of determination structure exists, it is possible to prove that projecting a conclusion inferred by analogy onto the situation about which one is reasoning is both valid and non-redundant. Various other properties and consequences of the determination relation are also proven. Some analogical arguments are based on principles such as similarity, which are not logically valid. The theory therefore provides us with a way to distinguish between legitimate and illegitimate arguments. It also provides an alternative to procedures based on the assessment of similarity for constructing analogies in artificial intelligence systems. (shrink)

The paper offers a critical response to the proposed “dis/analogy” between the restriction of Jehovah's Witness parental right to refuse life‐saving blood transfusions for their minor children and a “general” and “permanent” ban on “unnecessary” pediatric intersex surgery. The main argument of the analogy is “securing the patient's future autonomy.” Feinberg's theory of rights is used to demonstrate that the proposed analogy is untenable. A new category of developmental rights‐in‐trust is introduced to address specific needs of gender development in (...) DSD situations. Both premises are disputed. First, it is shown that the case of overriding Jehovah's Witness parental rights is not based on securing the patient's future autonomy, but a simple dependency right in Feinberg's theory. Second, it is demonstrated that pediatric intersex surgery is not in the same situation in all morally relevant respects as the Jehovah's Witness case because it represents a special type of developmental right‐in‐trust. In conclusion, the arguments based on the proposed analogy do not justify a “general and permanent” on pediatric intersex surgery. (shrink)

Gustav Theodor Fechner was one of the main proponents of inductive metaphysics in the 19th century. The idea of inductive metaphysics is to use empirical sources and inductive forms of inference in metaphysics. Although this sounds like a research program which might well appeal to scientifically minded philosophers, some of Fechner’s metaphysical conclusions look very suspicious from a scientific viewpoint. For example, Fechner famously argues that the planets and stars are animated by a soul and that the same holds for (...) the whole universe. In the present article it is shown that Fechner’s mystical cosmological views are based on a principle of analogy which is too permissive and that as a result of that his central argument to the conclusion that the earth is animated by a soul is not correct. As the article argues, the principle Fechner bases his inference on has to be supplemented by a causal condition along the lines of Mary Hesse’s account of analogical inferences, a condition Fechner at least implicitly recognizes but fails to meet. (shrink)

Analogies are the stuff out of which normative moral philosophy is made. Certainly one of the most famous analogies constructed by a philosopher in order to argue for a specific controversial moral conclusion is the one involving Judith Thomson's unconscious violinist. Reflection upon this analogy is meant to show us that abortion is generally not immoral even if the prenatal have the same moral status as the postnatal. This was and still is a controversial conclusion, and yet the analogy does (...) seem to reveal in a very vivid way what makes abortion a reasonable response to a terrible situation. But Thomson's example has frequently been attacked on all sides for not being truly analogous to abortion. Here I develop a brand new analogy that sheds light on the issue with which Thomson was concerned, while at the same time avoiding most of the more serious objections made to her analogy. (shrink)

We explore the relationship between argument and narrative with reference to parables. Parables are typically thought to convey a message. In examining a parable, we can ask what that message is, whether the story told provides reasons for the message, and whether those reasons are good reasons. In exploring these questions, we employ as an inves-tigative technique the strategy of reconstructing parables as argu-ments. We then proceed to con-sider the cogency of those argu-ments. One can offer arguments through narratives (...) and, in particu-lar, through parables, but that do-ing so likely brings more risks than benefits, from an epistemic point of view. (shrink)

I offer a defense of ana-logical accounts of scientific models by meeting certain logical objections to the legitimacy of analogical reasoning. I examine an argument by Joseph Agassi that purports to show that all putative cases of analogical inference succumb to the following dilemma: either (1) the reasoning remains hopelessly vague and thus establishes no conclusion, or (2) can be analyzed into a logically preferable non-analogical form. In rebuttal, I offer a class of scientific models for (...) which (a) there is no satisfactory non-analogical analysis, and (b) we can gain sufficient clarity for the legitimacy of the inference to be assessed. This result constitutes an existence proof for a class of analogical models that escape Agassi’s dilemma. (shrink)

In the Critique of Practical Reason, Kant avoids a circle in the proof by resorting to the notions of ratio essendi and ratio cognoscendi, favoring a regressive investigation. The argumentation begins with the Faktum of the moral law, a consequently determining ground in the order of knowledge, to go back from there to the antecedently determining ground in the order of being, the idea of freedom. We expose and problematize the general normativity of this argumentative structure in Kant’s moral texts, (...) to draw some critical conclusions from Jacques Derrida’s analyzes, especially focusing on the 1980-81’s unpublished seminar Le respect. We postulate, following Derrida, that Kant co-implies the indicated orders, giving a structural function to the philosophical analogy that thus becomes the transcendental rule of the critical system. This question also opens an analysis of other rhetorical tropes in Kant’s work: metonymy and exemplarity. (shrink)

Garrett Cullity concedes that saving a drowning child from a shallow pond at little cost to oneself is not actually analogous to giving money to a poverty relief organization like Oxfam. The question then arises whether this objection is fatal to Peters Singer's argument for a duty of assistance or whether it can be saved anyway. Cullity argues that not saving the drowning child and not giving money to organizations like Oxfam are still morally analogous, that is, not giving (...) money to organizations like Oxfam is morally nearly as bad as letting the child drown. I argue that Cullity's two arguments for this conclusion, an argument from "transitivity" and an argument from collective responsibility, fail. (shrink)

Kant’s argument in the First Analogy for the permanence of substance has been cast as consisting of a simple quantifierscope mistake. Kant is portrayed as illicitly moving from a premise such as (1) at all times, there must exist some substance, to a conclusion such as (2) some particular substance must exist at all times. Examples meant to show that Kant makes this mistake feature substances coming into and out of existence, but doing so at overlapping times. I argue (...) that Kant offers an argument against this kind of example in the following passage. Kant’s claim is that, were substances to be created and destroyed as in the example, the appearances would then be related to two different times, in which existence flowed side by side, which is absurd. For there is only one time, in which all different times must not be placed simultaneously but only one after another (A188–9/B231–32). (shrink)

Analogies between classical statistical mechanics and quantum field theory played a pivotal role in the development of renormalization group methods for application in the two theories. This paper focuses on the analogies that informed the application of RG methods in QFT by Kenneth Wilson and collaborators in the early 1970's. The central task that is accomplished is the identification and analysis of the analogical mappings employed. The conclusion is that the analogies in this case study are formal analogies, and (...) not physical analogies. That is, the analogical mappings relate elements of the models that play formally analogous roles and that have substantially different physical interpretations. Unlike other cases of the use of analogies in physics, the analogical mappings do not preserve causal structure. The conclusion that the analogies in this case are purely formal carries important implications for the interpretation of QFT, and poses challenges for philosophical accounts of analogical reasoning and arguments in defence of scientific realism. Analysis of the interpretation of the cutoffs is presented as an illustrative example of how physical disanalogies block the exportation of physical interpretations from from statistical mechanics to QFT. A final implication is that the application of RG methods in QFT supports non-causal explanations, but in a different manner than in statistical mechanics. (shrink)

This book brings together in one place David Hitchcock’s most significant published articles on reasoning and argument. In seven new chapters he updates his thinking in the light of subsequent scholarship. Collectively, the papers articulate a distinctive position in the philosophy of argumentation. Among other things, the author:• develops an account of “material consequence” that permits evaluation of inferences without problematic postulation of unstated premises.• updates his recursive definition of argument that accommodates chaining and embedding of arguments and (...) allows any type of illocutionary act to be a conclusion. • advances a general theory of relevance.• provides comprehensive frameworks for evaluating inferences in reasoning by analogy, means-end reasoning, and appeals to considerations or criteria.• argues that none of the forms of arguing ad hominem is a fallacy.• describes proven methods of teaching critical thinking effectively. (shrink)

The works of the Tibetan logician Phya pa Chos kyi seng ge (1109–1169) make abundant use of a particular type of argument that I term ‘argument by parallels’. Their main characteristic is that the instigator of the argument, addressing a thesis in a domain A, introduces a parallel thesis in an unrelated domain B. And in the ensuing dialogue, each of the instigator’s statements consists in replicating his interlocutor’s previous assertion, mutatis mutandis, in the other domain (A (...) or B). I show that such a dialogue involves two parallel arguments that develop in an intersecting zigzag pattern, and discuss the principles involved in the establishment of the conclusion from the perspective of parity of reasoning and analogical argument. I examine the overall rhetorical strategy directing the use of arguments by parallels and the pedagogical and explanatory functions they can serve. I also evaluate the plausibility of their use in Phya pa Chos kyi seng ge’s works mirroring a contemporary practice of oral debate, and reflect on the status of such arguments in the framework of Indo-Tibetan logic. (shrink)

It has been argued by some that the argument from vagueness is one of the strongest arguments in favor of the theory of temporal parts. I will neither support nor dispute this claim here. Rather, I will present a version of the argument from vagueness, which – if successful – commits one to the existence of modal parts. I argue that a commitment to the soundness of the argument from vagueness for temporal parts compels one to commit (...) to the soundness of the argument from vagueness for modal parts. I say compels, but not entails; an objection to one of the arguments highlights analogous ways to reject the other, making it difficult to endorse one and reject the other. This would be a significant conclusion, if true, since there are far fewer who currently commit themselves to modal parts than the many who currently commit themselves to temporal parts. (shrink)

In Mohist philosophy, the gnomon is a metaphor for the standard of valid arguments. This metaphor comes from the method of establishing due east and west by observing gnomon shadows at dusk and dawn. I argue that there is also an overlooked, implicit aspect of the gnomon metaphor that comes from its function of measuring the height of heaven indirectly through proportional calculation. The function of indirect measurement inspires a strategy of argumentation in Mohist ethics, which I call “analogical (...) upscaling.” Such an argument draws a parallel between small-scale and large-scale actions for the purpose of determining the Will of Heaven in a particular circumstance, just as the gnomon measures heaven’s physical height analogically. In the conclusion, I compare the epistemological status of light and shadow in the Mozi and Plato’s Republic. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 28, Number 1, April 2002, pp. 113-130 Bayesianism, Analogy, and Hume's Dialogues concerning Natural Religion SALLY FERGUSON Introduction Analyses of the argument from design in Hume's Dialogues concerning Natural Religion have generally treated that argument as an example of reasoning by analogy.1 In this paper I examine whether it is in accord with Hume's thinking about the argument to subsume the version of (...) it given in the Dialogues under the model of probabilistic reasoning offered by Bayes's theorem. Wesley Salmon attempted this project in 1978.2 In related projects, David Owen3 as well as Philip Dawid and Donald Gillies4 have more recently attempted to construct Bayesian analyses of Hume's argument concerning testimony in "Of Miracles." I want to be careful at this stage to note exactly what I will claim. It is not that Bayesian reasoning sheds no light on the argument from design, or on arguments concerning testimony. All of the analyses mentioned above are beneficial in that they have been able to expose subtleties in these arguments that had previously gone unnoticed. Salmon's paper, in particular, contributes nicely to an understanding of just how the design argument may function in relation to contemporary scientific reasoning. In this paper I argue that, nonetheless, the attempt to apply Bayesian reasoning to the argument as presented in the Dialogues is not well supported as a reconstruction of Hume's own approach to the argument from design. Sally Ferguson is Assistant Professor of Philosophy, University of West Florida, UOOO University Parkway, Pensacola, FL 32514, USA. e-mail: [email protected] 114 Sally Ferguson There are two stages to my treatment of the issue. I begin by considering how much Hume knew of Bayes's theorem, and what consequence that knowledge might have had on his treatment of the argument in the Dialogues. This discussion includes a consideration of exactly what has been claimed by other authors on this subject, including what some have argued concerning Hume's reasonings in "Of Miracles," section 10 of An Enquiry concerning Human Understanding. I conclude that, based on the historical data, there is little reason to think of Hume's approach to the argument from design as anything more than proto-Bayesian at best. I then argue further, through a close textual analysis of the Dialogues, that there are good reasons for not treating Hume's reasoning there as even proto-Bayesian. In the end, the benefits that have been claimed for that approach, in terms of exposing both the subtleties of the argument and of Hume's reasoning about it, can equally well be derived from a careful analysis of the argument under a model of analogical reasoning, without need of Bayes's theorem. Section One Perhaps one might think that there is not much use for a consideration of the question whether Hume himself conceived of any of his arguments along specifically Bayesian lines. As Gower argues,5 Hume's knowledge of mathematics in general was fairly limited, and Bayes's theorem was not well known even up until Hume's death. It is important, therefore, for me to establish that there have not only been those who thought that Bayesian reasoning illuminates the arguments Hume gave, but also his own thinking about those arguments. It is also important for me to establish that it is not obvious that knowledge of Bayes's theorem did not affect Hume's reasonings. Each of these points will be addressed in the following. As to the first point, the claims of some authors on the subject are ambiguous. Dawid and Gillie, for example, make no statement to the effect that the probabilities involved in Bayes's theorem were in fact examined in "Of Miracles," nor do they attempt to produce any passages from Hume in support of that view. Thus it would be assumed that they see their attempt not as an attempt to provide an analysis that represents Hume's own approach to the argument, but rather simply as one that provides an illuminating method of analysis and support for an argument that Hume happened to give. Indeed, their conclusion, to the effect that a... (shrink)

According to the parent analogy, as a caretaker’s goodness, ability and intelligence increase, the likelihood that the caretaker will make arrangements for the attainment of future goods that are unnoticed or underappreciated by their dependents also increases. Consequently, if this analogy accurately represents our relationship to God, then we should expect to find many instances of inscrutable evil in the world. This argument in support of skeptical theism has recently been criticized by Dougherty. I argue that Dougherty’s argument (...) is incomplete, for there are two plausible ways of construing the parent analogy’s conclusion. I supplement Dougherty’s case by offering a new argument against the parent analogy based on failed expectations concerning the amount of inscrutable evils encountered in the world. Consequently, there remains a significant empirical hurdle for skeptical theism to overcome if it is to maintain its status as a defeater for our reliability when tracking gratuitous evils. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called ' weak analogy'. As Patrick Hurley writes, the weak analogy fallacy “occurs when the conditions of an argument depend on an analogy (or similarity) that is not strong enough to support the conclusion”. Often, vegetarians and vegans will hear the following argument from analogy in defense of carnivorism: “Animals eat each other in nature, so it's permissible for us to eat them as well”. By focusing (...) on the similarities between animals and humans, and by arguing that these similarities are indeed relevant to the issue at hand, philosopher Peter Singer presents a strong argument from analogy in favor of the conclusion that animals are indeed sentient beings. (shrink)

In the debate over fetal tissue use, an analogy is often drawn between removing organs from the body of a person who has been murdered to use for transplantation, and collecting tissue from an aborted fetus to use for the same purpose. The murder victim analogy is taken by its proponents to show that even if abortion is the moral equivalent of murder, there is still no good reason to refrain from using the fetal tissue, since as a society we (...) do not see any problem about using organs from murder victims. However, I argue that the analogy between murder victims and aborted fetuses does not hold -- the two situations are not the same in all morally relevant respects. Thus the murder victim analogy does not provide an argument in favour of fetal tissue transplant. In conclusion, I point to some of the potential pitfalls of using analogies in ethical argument. (shrink)

In the 1980s, Pollock’s work on default reasons started the quest in the AI community for a formal system of defeasible argumentation. The main goal of this paper is to provide a logic of structured defeasible arguments using the language of justification logic. In this logic, we introduce defeasible justification assertions of the type t : F that read as “t is a defeasible reason that justifies F”. Such formulas are then interpreted as arguments and their acceptance semantics is given (...) in analogy to Dung’s abstract argumentation framework semantics. We show that a large subclass of Dung’s frameworks that we call “warranted” frameworks is a special case of our logic in the sense that Dung’s frameworks can be obtained from justification logic-based theories by focusing on a single aspect of attacks among justification logic arguments and Dung’s warranted frameworks always have multiple justification logic instantiations called “realizations”. We first define a new justification logic that relies on operational semantics for default logic. One of the key features that is absent in standard justification logics is the possibility to weigh different epistemic reasons or pieces of evidence that might conflict with one another. To amend this, we develop a semantics for “defeaters”: conflicting reasons forming a basis to doubt the original conclusion or to believe an opposite statement. This enables us to formalize non-monotonic justifications that prompt extension revision already for normal default theories. Then we present our logic as a system for abstract argumentation with structured arguments. The format of conflicting reasons overlaps with the idea of attacks between arguments to the extent that it is possible to define all the standard notions of argumentation framework extensions. Using the definitions of extensions, we establish formal correspondence between Dung’s original argumentation semantics and our operational semantics for default theories. One of the results shows that the notorious attack cycles from abstract argumentation cannot always be realized as justification logic default theories. (shrink)

"Advocates of the evolutionary analogy claim that mechanisms governing scientific change are analogous to those at work in organic evolution - above all, natural selection. By referring to the works of the most influential proponents of evolutionary analogies (Toulmin, Campbell, Hull and, most notably, Kuhn) the authors discuss whether and to what extent their use of the analogy is appropriate. A careful and often illuminating perusal of the theoretical scope of the terms employed, as well as of the varying contexts (...) within which the analogy is appealed to in contemporary debates, leads to the conclusion that such general theories of selective processes are either too sketchy or eventually not persuasive, if not altogether based on flawed views of evolutionary biology. By clarifying what is at stake, the analysis carried out in the book sheds new light on one of the dominant theories of scientific progress. It also invites criticism, of course - but that is the very fuel of philosophical confrontation." - Stefano Gattei, IMT Institute for Advanced Studies, Lucca "This book presents a serious challenge to those, like David Hull, who seek to model scientific change as an evolutionary process. The authors point out that although there are similarities between the processes of scientific change and organic evolution, the dissimilarities present formidable difficulties to construing the relation as anything more than a weak analogy. Their argument employs what they call a 'type hierarchical' approach that promises to be a powerful tool for the classification of similarities between theories in all fields." - Michael Bradie, Department of Philosophy, Bowling Green State University "This is a most interesting discussion of the analogy between biological and scientific change. Particularly commendable is the close attention paid to the thinking of the late David Hull and his pathbreaking work on this issue." - Michael Ruse, History and Philosophy of Science, Florida State University. (shrink)

Critical thinking and arguments -- What makes a good argument? -- Premises and conclusions -- Language -- Propositional arguments -- Categorical arguments -- Analogical arguments -- Statistical arguments -- Causal arguments -- Moral arguments -- Answers to selected exercises -- Reference guide.

At the outset of this discussion, I undertook to present an argument from design which would follow Swinburne's example in making use of a priori judgments, while avoiding some of the objections which have been posed in response to his treatment of these issues. So we need to ask: how does this approach to the question of design compare with Swinburne's?Swinburne argues that a chaotic world is a priori more likely than an ordered world: this consideration provides one central (...) reason, on his account, for giving an explanation of some sort for the world's regularity. The other central argument he advances for this claim is the argument from analogy (in terms of the coins) which we noted earlier. The approach I have taken offers an alternative route to this same conclusion. In particular, it substitutes the simpler a priori judgments recorded in (i) and (ii) for the rather difficult and contentious claim that chaos is a priori more likely than order. In place of this claim, I have offered the judgment that order, or recurrence, is more likely given the activity of a common source or common kind of source than otherwise: this proposal does not commit us to a view either way on the question of whether order is a priori likely per se. Moreover, in place of Swinburne's analogical argument, I have offered an a priori approach, with the advantages I have noted.Given that recurrence is to be explained, we might ask: why offer an explanation in terms of design? On this point, Swinburne argues, for instance, that no other explanation of temporal regularity is even possible a priori. Again, the a priori principles which I have used, in (iv) and (v), may be less ambitious, but at the same time more persuasive. In support of this same idea, Swinburne also cites various ideas to do with the predictive power of the idea of design. I have tried to bring out the role of this sort of consideration in terms of my principle (v). Principle (iv) has no place in Swinburne's account, in view of his reliance on the principle of simplicity as a measure of prior probability.Lastly, we may ask: if we are to cite a designer, are there reasons for attributing to this agent more powers than are needed for the production of the effect to be explained? On this point, Swinburne cites the principle of simplicity. Again, my approach avoids what has proved to be a relatively controversial judgment about the nature of a priori probabilities, offering in place of the principle of simplicity the less ambitious principle recorded in (iii). At this point, I have moreover inverted the logical sequence of Swinburne's argument: it seems to me that, in the ways I have indicated, it is helpful to consider the extent of the powers of the source of recurrence before addressing the question of design.In these various ways, I hope I have made good my undertaking to present an argument which avoids some of the controversy surrounding the particular measures of a priori probability which figure in Swinburne's argument. Moreover, I hope that this approach provides an indication of how a priori judgments may function in a relatively unproblematic way within an argument from design, in so far as (i)–(v) are all rather modest proposals. In sum, the argument I have presented is distinguished by its explicit use of the a priori judgments recorded in (i)–(v), by its attempt to buttress in this fashion analogical forms of argument, and by the logical role it gives to the idea that the source of regularity possesses more powers than are required for the production of this effect.Lastly, we might ask: how persuasive is this argument? Of course, the cogency of the idea of design depends upon the balance of debate in other areas of the philosophy of religion, especially upon our ability to provide some account of the existence of evil. In this paper, I have been concerned to argue simply that recurrence by kind provides evidence for design: I have not addressed the question of whether other features of the world provide good evidence against the idea of (benevolent) design. However, if we confine our attention to this one phenomenon, there is it seems to me good evidence for the idea of design, (i) and (ii) suggest that recurrence surely calls for some explanation; (iii), together with the existence in nature of statistical irregularities, suggests that whatever provides this explanation could have brought about other effects besides; and design seems the only clear explanation of why this effect should have been brought about, if (as I have argued) analogies drawn from vegetable and animal reproduction fail, and if we cannot explain the effect satisfactorily by reference to the conditions of observation. Moreover, I have argued that there are reasons for supposing that the probability a priori of design is relatively high in relation to the probability a priori of any rival hypothesis of equivalent predictive power. In brief, this is because the design hypothesis (unlike the hypothesis of theism) can cite an agent of relatively indeterminate power in order to account for the phenomenon to be explained. In this regard, it is less ‘precisely defined’ than any rival hypothesis of equivalent predictive power. If all of this is so, then as philosophers from early times have supposed, temporal regularity provides the basis for a powerful argument in favour of design. It remains true, of course, that its import can be judged in full only when we have taken into account the relevance of other phenomena, many of which are apparently less favourable to the idea of design. (shrink)

I. The argument from design or ‘teleological argument’ purports to be an inductive proof for the existence of God, proceeding from the evidence of the order exhibited by natural phenomena to the probable conclusion of a rational agent responsible for producing that order. The argument was severely criticized by David Hume in his Dialogues Concerning Natural Religion , and it was widely conceded that Hume's objections had cast serious doubt on the adequacy of the teleological argument, (...) if not destroyed its credibility entirely. However, there has been a recent reappraisal of this claim by R. G. Swinburne, who maintains that none of Hume's criticisms have any validity against a ‘carefully articulated version of the argument’. Using an analogical argument based on temporal regularities rather than on spatial regularities , Swinburne claims to have shown that the teleological argument is a legitimate inference to the best explanation whose force depends only on the strength of the analogy and on the degree to which the resulting theory makes explanation of empirical matters simpler and more coherent. Moreover, he claims to have shown that the argument provides support for the Christian monotheistic hypothesis and not merely for the weak claim that the universe was designed . This is an important claim since it has long been thought that Hume's most devastating blow was dealt when he showed that the teleological argument provides just as much support for the negation of certain propositions considered essential to Christian monotheism as it does for their affirmation. (shrink)

Although Hume’s critique of the design argument is a powerful non-inductive meta-argument, the main line of critical reasoning is not analogical but rather a complex meta-argument. It consists of two parts, one interpretive, the other evaluative. The critical meta-argument advances twelve criticisms: that the design argument is weak because two of its three premises are justified by inadequate subarguments; because its main inference embodies four flaws; and because the conclusion is in itself problematic for (...) four reasons. Such complexity is quite manageable in a meta-argumentation approach. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, arguing (...) that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)

Imagine slicing your hand with a steak knife. Inevitably, this leads to a characteristic unpleasant sensation, and just as reliably, to a withdrawal of the wounded limb. But can this rather mundane fact--and other similar facts--shed any light on the mind-body problem or the issue of the role of experience in causing behavior? In my dissertation, I explore this issue head on, and in the process clarify and criticize the arguments of philosophers who have given an affirmative answer to this (...) question--philosophers such as William James and Herbert Spencer. These arguments have coupled evidence like the above with the fact that human beings have evolved, in order to make the case that epiphenomenalism with respect to qualia is false. My first task will be to formulate a rigorous version of a James-Spencer style argument, which will occupy us in Chapter 1. Chapter 2 is dedicated to answering a number of objections to the argument, in an effort to show that if there is a problem with it, this problem lies elsewhere. Chapter 3 explores alternative arguments in the spirit of the original one formulated in Chapter 1, and discusses any resulting effects on the plausibility of the conclusion. Chapter 4 is the capstone chapter of the dissertation. In it, I discuss a crucial objection to all arguments in the spirit of that given in the first chapter--namely, that physicalism has analogous flaws to epiphenomenalism where accommodating the relevant evidence is concerned. My conclusions in this final chapter are twofold. First, that even if there is no fatal flaw in the general strategy the evolutionary argument employs, it works against all forms of dualism, not just epiphenomenalism. And second, the accusations made in the objection are correct; physicalism suffers from problems analogous to those faced by epiphenomenalism. Although the primary findings of the dissertation are negative, there are many lessons we can take from them along the way. Most prominent among them is an improved perspective on the appropriate roles of empirical findings and armchair philosophical theorizing in debate over the mind-body problem. (shrink)

“Imagine A rather short-sighted person told to read an inscription in small letters from some way off….' So begins the quest for “the real nature of justice and injustice” undertaken in response to the challenge of Glaucon and Adeimantus to show that “justice pays”. It is often alleged that the search leads through analogy to a monster “organic” state that lives by devouring individual rights. I believe that these charges are mistaken. Plato's political theory does not derive from an analogy (...) which makes the state a monster individual with interests superior to and independent of those of ordinary citizens; it derives rather from a doctrine of objective interests discernible by those with special training and ability, interests which later thinkers have taken to be the object of a “real will”, unerring even where a person's mere empirical desires are shortsightedly misdirected. Plato identifies the interests of his ideal state with the objective interests of its citizens , and in his harmonious world, metaphysics, moral psychology, and political organization combine to ensure that those interests need never override individual mundane interests for they never conflict: they coincide. That the whole theory is dubious should not prevent us from seeing that just what the theory is may be clarified by examining the arguments which putatively lead to it, and that those arguments provide grounds for not confounding Plato's theory with others which may reach similar conclusions about political organization and obligation. (shrink)

Recent case studies have revealed that purely formal analogies have been successfully used as a heuristic in physics. This is at odds with most general philosophical accounts of analogies, which require analogies to be physical in order to be justifiably used. The main goal of this paper is to supply a philosophical account that justifies the use of purely formal analogies in physics. Using Bartha’s (2010) articulation model as a starting point, I offer precise definitions of formal and physical analogies (...) and propose a new submodel of analogical reasoning that accounts for the successful use of purely formal analogies in the development of renormalization group methods for use in particle physics in the early 1970’s (Fraser 2020). Two distinctive features of this new applied mathematics submodel for analogical reasoning are that the conclusion of the argument from analogy includes both an entire model (and not only a hypothesis or a prediction) and the construction procedure for this model. A third important difference from arguments from physical analogy is that only the prima facie plausibility of the conclusion is established, and not stronger types of plausibility associated with confirmation. The use of purely formal analogies is justified because they are suited to supporting conclusions of this sort. Formulating a general philosophical account of analogies that covers purely formal analogies also serves two additional purposes: (1) to highlight the features of this case that are novel in the context of examples of analogies traditionally considered by philosophers and (2) to establish that physicists should not automatically dismiss purely formal analogies when evaluating heuristics for the development of new models. (shrink)

ABSTRACTThis article, which summarises some of the main arguments of Analogical Investigations [Lloyd 2015], undertakes a comparative cross-cultural critique of the dominant Western view that downgrades analogy especially when that is contrasted unfavourably with a notion of axiomatic-deductive demonstration aiming to secure incontrovertible conclusions. It draws on materials from ancient Greece, ancient China and modern social anthropology and philosophy of science to explore the problems of translation and mutual intelligibility. It develops the idea of semantic stretch to qualify the (...) literal/metaphorical dichotomy and the notion of the multidimensionality of reality to clarify aspects of the controversy between realism and relativism. (shrink)

Evolutionary Debunking Arguments are defined as arguments that appeal to the evolutionary genealogy of our beliefs to undermine their justification. Recently, Helen De Cruz and her co-authors supported the view that EDAs are self-defeating: if EDAs claim that human arguments are not justified, because the evolutionary origin of the beliefs which figure in such arguments undermines those beliefs, and EDAs themselves are human arguments, then EDAs are not justified, and we should not accept their conclusions about the fact that human (...) arguments are unjustified. De Cruz's objection to EDAs is similar to the objection raised by Reuben Hersh against the claim that, since by Gödel's second incompleteness theorem the purpose of mathematical logic to give a secure foundation for mathematics cannot be achieved, mathematics cannot be said to be absolutely certain. The response given by Carlo Cellucci to Hersh's objection shows that the claim that by Gödel's results mathematics cannot be said to be absolutely certain is not self-defeating, and can be adopted to show that EDAs are not self-defeating as well in a twofold sense: an argument analogous to Cellucci's one may be developed to face De Cruz's objection, and such argument may be further refined incorporating Cellucci's response itself in it, to make it stronger. This paper aims at showing that the accusation of being self-defeating moved against EDAs is inadequate by elaborating an argument which can be considered an EDA and which can also be shown not to be self-defeating. (shrink)

A central tactic in Philo’s criticism of the design argument is the introduction of several alternative hypotheses, each of which is alleged to explain apparent design at least as well as Cleanthes’ analogical inference to an intelligent designer. In Part VI, Philo proposes that the world “…is an animal, and the Deity is the soul of the world, actuating it, and actuated by it” (DNR 6.3; 171); in Part VII, he suggests that “…it is a palpable and egregious (...) partiality” to favour reason as a probable cause of apparent design over other principles such as instinct, generation, vegetation, and “… a hundred others which lie open to our conjecture” (DNR 7.11; 178); and in Part VIII, he offers an ‘Epicurean’ hypothesis according to which the appearance of design is due to matter itself.1 It is widely agreed that by the end of Part VIII, Philo has convincingly shown that the empirical evidence considerably underdetermines the conclusion Cleanthes purported it to establish. Philo, at any rate, declares a sceptical triumph: “A total suspense of judgement is here our only reasonable resource” (DNR 8.12; 186-7). -/- Philo’s swift argument for divine amorality at the end of Part XI contrasts markedly with this scepticism.2 Here, Philo reasons with great confidence concerning what he takes to be the (only) four hypotheses concerning the morality of the first cause(s) of the universe: divine benevolence, divine malevolence, Manicheeism, and divine amorality. He argues briefly against the first, summarily rejects the second and third, and declares with apparent sincerity that “[t]he true conclusion is, that the original source of all things is entirely indifferent to all these principles, and has no more regard to good above ill than to heat above cold, or to drought above moisture, or to light above heavy” (DNR 11.15; 212). -/- I first discuss Philo’s argument for divine amorality, and I distinguish it from his earlier criticisms of any inference from mundane data to divine benevolence. In Section 2, I diagnose deficiencies in two contrary interpretations of the argument for divine amorality. In Section 3, I offer three reasons for rejecting the surface meaning of this argument. In Section 4, I reveal Philo’s argument to be a sophisticated parody of both Cleanthes’ natural theology and his appeal to the passional influence of the design hypothesis. Philo, I argue, does not intend to show that the Deity is probably amoral; rather, he intends to show Cleanthes – by literally arguing with him “in his own way” (DNR 2.11; 145) – that the tools of Cleanthes’ ‘experimental theism’ can equally be wielded in service of a wholly incompatible view. (shrink)

The argument from design stands as one of the most intuitively compelling arguments for the existence of a divine Creator. Yet, for many scientists and philosophers, Hume's critique and Darwin's theory of natural selection have definitely undermined the idea that we can draw any analogy from design in artifacts to design in nature. Here, we examine empirical studies from developmental and experimental psychology to investigate the cognitive basis of the design argument. From this it becomes clear that humans (...) spontaneously discern purpose in nature. When constructed theologically and philosophically correctly, the design argument is not presented as conclusive evidence for God's existence but rather as an abductive, probabilistic argument. We examine the cognitive basis of probabilistic judgments in relationship to natural theology. Placing emphasis on how people assess improbable events, we clarify the intuitive appeal of Paley's watch analogy. We conclude that the reason why some scientists find the design argument compelling and others do not lies not in any intrinsic differences in assessing design in nature but rather in the prior probability they place on complexity being produced by chance events or by a Creator. This difference provides atheists and theists with a rational basis for disagreement. (shrink)

In the Second Analogy of the Critique of Pure Reason (CPR), Kant attempts to address Hume’s causal skepticism. Kant argues that the concept of cause must be employed in order to identify objective changes in the world, and that, therefore, all events are caused. In this paper, I will challenge Kant’s argument in the Second Analogy, arguing that we can identify objective changes without using the concept of cause, but by using the concept of logical condition instead. Rather than (...) objectively ordering our perceptions through the idea that one thing that was perceived is the cause of the next thing that was perceived, the first necessitating the second, we can objectively order our perceptions through the idea that the first thing perceived is the logical condition of the second. In terms of Kant’s debate with Hume, I find that, though my objection undermines some of Hume’s own conclusions, it does allow Hume to avoid Kant’s argument against his causal skepticism. (shrink)

This paper defends a constructive interpretation of the Critique of Pure Reason, which is built in analogy with an experimental construction that Kant believes to characteristic of chemistry. I also argue for a way to reconcile the methodological perspective of the constructivist method with that of transcendental reflection. I therefore provide a constructive explanation for what Kant describes as being pure reason and the argument of the transcendental deduction. I propose to frame the different perspectives in such a way (...) that the experimental construction is the ratio cognoscendi of pure reason, while pure reason is the ratio essendi of the experimental construction. O’Neill (1989, 2015) is one of the most important scholars that have argued for a constructivist reading of the Critique of pure reason (CPR). In this paper I develop and explore new aspects of this line of interpretation. One of the main criticisms raised against constructivist readings of Kant’s philosophy is an alleged commitment to subjectivism or voluntarism (cf. Kleingeld & Willaschek 2019). This concern led some scholars to rename their position as constitutivist instead (Korsgaard 2009; Sensen 2013, 2017; Formosa 2011). Constitutivism, is intended to be a sort of constructivism capable of avoiding voluntarism. However, it becomes difficult, sometimes, to differentiate between the constitutivist and foundationalist positions, which are based on transcendental reflection and imply a sort of realist perspective on reason. The same preoccupation applies to the constructivist interpretation of the CPR. In order to deal with this issue, the following questions must be addressed: how can constructivism justify the necessity and universality of transcendental principles of pure reason without compromising the normative and procedural aspects of the construction? How to reconcile arguments based on the analysis of representations and faculties with a constructivist procedure? Or even, how may transcendental reflection, as a view of the possibility of a priori cognition, be rendered compatible with a constructive procedure? This paper is divided into three sections, followed by brief final remarks. The first section outlines the main characteristics of constructivism and relates them to Kant’s positions about the nature of philosophy and its method. The second part argues for a type of experimental constructivism that might serve as a guiding analogy to understand the method underlying the CPR. Thirdly, I will show how the transcendental subject and pure reason are derived from this experimental construction. The conclusion briefly points out some advantages of this position. (shrink)

ArgumentThe heuristic value of evolutionary biology for economics is still much under debate. We suggest that in addition to analytical considerations, socio-cultural values can well be at stake in this issue. To demonstrate it, we use a historical case and focus on the criticism of biological analogies in the theory of the firm formulated by economist Edith Penrose in postwar United States. We find that in addition to the analytical arguments developed in her paper, she perceived that biological analogies were (...) suspect of a conservative bias – as in social Darwinism. We explain this perception by documenting the broader context of Edith Penrose's personal and professional evolution, from her student days at Berkeley to her defense of Owen Lattimore against McCarthyism. We conclude that in the case under study at least, science and values were certainly intertwined in accounting for her skepticism towards biological analogies – insight we develop in the conclusion about today's relationships between biology and economics. (shrink)

Saint Anselm’s ontological argument is usually interpreted either (1) as an attempt to deductively prove God’s existence or (2) as a form of prayer, which is not intended to “prove” God’s existence, but rather to deepen the devotion of those who already believe. In this paper I attempt to find a mean between these two interpretations, showing that while Anselm’s argument is not a deductive proof, it is nevertheless a proof of God’s existence. I argue that Anselm’s ontological (...) argument is analogous to Aristotle’s to elegktikōs apodeixai (retorsive argument) for the truth of the principle of non-contradiction in Metaphysics IV: an argument that does not move from premises to conclusion, but rather demonstrates the truth of its conclusion by showing that its conclusion is always presupposed. I argue that interpreting Anselm’s ontological argument in this way exempts it from the most common objections against it. (shrink)

Both arguments are based on the breakdown of normal criteria of identity in certain science-fictional circumstances. In one case, normal criteria would support the identity of person A with each of two other persons, B and C; and it is argued that, in the imagined circumstances, A=B and A=C have no truth value. In the other, a series or spectrum of cases is tailored to a sorites argument. At one end of the spectrum, persons A and B are such (...) that A=B is clearly true; at the other end, A and B are such that the identity is clearly false. In between, normal criteria of identity leave the truth or falsehood of A=B undecided, and it is argued that in these circumstances A=B has no truth value.These arguments are to be understood counterfactually. My claim is that, so understood, neither establishes its conclusion. The first involves a pair of counterfactual situations that are equally possible or tied. If A=B and A=C have no truth value, a counterfactual conditional with one of them as consequent and an antecedent that is true in circumstances in which either is true should have no truth value. Intuitively, however, any such counterfactual is false. The second argument can be seen to invite an analogous response. If this is right, however, there is an important disanalogy between this and the classical paradox of the heap. If the disanalogy is only apparent, the argument shows at most that the existence of persons can be indeterminate. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that a system (...) of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)