Ronald Dworkin is one of the most frequently cited legal philosophers. His work, notably his attack on H. L. A. Hart's positivist theory of law, has received considerable attention, earning him praise as well as trenchant criticism. Instead of discussing the analytical validity of Dworkin's claims, though, we propose an alternative reading of his jurisprudential writings that emphasises their rhetorical nature. After delineating the rhetorical context of his work, we provide several illustrations of his use of rhetorical strategies and, with (...) the help of sentiment‐analysis techniques, emotional language. While resorting to classical rhetorical tactics, Dworkin's rhetoric, we argue, appealed to the emotional power of rights talk at a time when the notion of rights enjoyed greater resonance with his audience. (shrink)

Ratio Juris, Volume 34, Issue 4, Page 356-385, December 2021.

(Penultimate draft) Embodied Cognition holds that bodily (e.g. sensorimotor) states and processes are directly involved in some higher-level cognitive functions (e.g. reasoning). This challenges traditional views of cognition according to which bodily states and processes are, at most, indirectly involved in higher-level cognition. Although some elements of Embodied Cognition have been integrated into mainstream cognitive science, others still face adamant resistance. In this paper, rather than straightforwardly defend Embodied Cognition against specific objections I will do the following. First, I will (...) present a concise account of embodied conceptual processing and highlight some of its advantages over non-embodied accounts, specifically focusing on the role of metaphors. Second, I will detail the influence of computational metaphors on theories of cognition and evaluation of these theories. Third, I will argue that embodied cognitive mechanisms, specifically those operating through computational metaphors, may drive some of the resistance to Embodied Cognition - and that Embodied Cognition is able to offer a uniquely compelling account of this. Ultimately, this will contribute to an improved understanding of Embodied Cognition, its explanatory power, and how it ought to be evaluated. Additionally, it will shed light on the role of metaphors in shaping philosophical thought and highlight the importance of these influences. (shrink)

It is widely recognised among educational theorists, educators and policy makers alike, that critical thinking should claim a superordinate place in our system of educational objectives. In the philosophical literature on this topic, critical thinking is often conceptualised as the educational cognate of rationality, which in turn is analysed as being comprised of the relevant skills and abilities to assess reasons and evidence, together with the intellectual dispositions to actively use these proficiencies in practice. The resulting picture is in many (...) respects normative and idealised, following the style of philosophical theorising commonplace in the tradition of analytic philosophy of education. In contrast, certain recent empirical findings related to the rational performance of actual human beings seem to cast doubts on the extent to which we can expect people to fulfil these idealised normative standards of rationality. After introducing the relevant philosophical theories and psychological results, I ruminate on the implications these ideas have on our pedagogical views pertaining to critical thinking education. (shrink)

The main aim of this paper is to consider how various types of social crises create contexts in which the general assumption comes to full expression that without knowledge of relevant data, correct decisions cannot be made or adequate measures taken to overcome the crisis. Such contexts, on the one hand, increase the importance of successful discovery of the truth both for individuals and for society as a whole, which affects the tightening of epistemic standards, while on the other hand (...) they enlarge some old or bring new cognitive barriers that negatively affect the reliability of various cognitive methods. The key role of epistemic responsibility is illustrated with the examples of two crises that have befallen us during the last few years: the migrant crisis and the pandemic crisis. (shrink)

In argumentation, metaphors are often considered as ambiguous or deceptive uses of language leading to fallacies of reasoning. However, they can also provide useful insights into creative argumentation, leading to genuinely new knowledge. Metaphors entail a framing effect that implicitly provides a specific perspective to interpret the world, guiding reasoning and evaluation of arguments. In the same vein, emotions could be in sharp contrast with proper reasoning, but they can also be cognitive processes of affective framing, influencing our reasoning and (...) behavior in different meaningful ways. Thus, a double (metaphorical and affective) framing effect might influence argumentation in the case of emotive metaphors, such as “Poverty is a disease” or “Your boss is a dictator,” where specific “emotive words” (disease, dictator) are used as vehicles. We present and discuss the results of two experimental studies designed to explore the role of emotive metaphors in argumentation. The studies investigated whether and to what extent the detection of a fallacious argument is influenced by the presence of a conventional vs. novel emotive metaphor. Participants evaluated a series of verbal arguments containing either “non-emotive” or “emotive” (positive or negative) metaphors as middle terms that “bridge” the premises of the argument. The results show that the affective coherence of the metaphor's vehicle and topic plays a crucial role in participants' reasoning style, leading to global heuristic vs. local analytical interpretive processes in the interplay of the metaphorical and the affective framing effects. (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

While, in common usage, objectivity is usually regarded as a virtue, and failures to be objective as vices, this concept tends to be absent in argumentation theory. This paper will explore the possibility of taking objectivity as an argumentative virtue. Several problems immediately arise: could objectivity be understood in positive terms— not only as mere absence of bias? Is it an attainable ideal? Or perhaps objectivity could be explained as a combination of other virtues?