Aristotle: Dialectic and Dialectical Argument

Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is not confined to technical (...) rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

Presuppositions are at the same time a crucial and almost neglected dimension of arguments and fallacies. Arguments involve different types of presuppositions, which can be used for manipulative purposes in distinct ways. However, what are presuppositions? What is their dialectical function? Why and how can they be dangerous? This paper intends to address these questions by developing the pragmatic approaches to presupposition from a dialectical perspective. The use of presuppositions will be analyzed in terms of presumptive conclusions concerning the interlocutor’s (...) acceptance of a proposition, which can be assessed as reasonable or unacceptable. Their dialectical function is described in terms of dark side commitments attributed to a collective "voice" representing what is commonly shared. For this reason, they count as attempts to include the presupposed contents into the hearer’s commitment store, which in some circumstances can reverse the burden of proof. The different manipulative strategies grounded on controversial presuppositions will be examined by showing the distinct roles that the latter play and the relationship between the degrees of presuppositional implicitness and the speaker’s burden of retraction. (shrink)

The purpose of this paper is an attempt to delimitate what the dialectical syllogism looks like in Aristotle’s Topics. Aristotle never gave an example of a dialectical syllogism, but we have some clues spread over books I and VIII of the Topics which make it possible to understand at least what within a dialectical debate is a dialectical syllogism. The interpretation advanced here distinguishes the logical order of the dialectical argumentation from the order of the debate. This distinction enables us (...) to have a better understand of what is and how the dialectical syllogism is identified in the debate. In addition, we can solve some interpretative difficulties other interpretations could not solve, and have a more solid grasp of how endoxa are used in a dialectical debate. (shrink)

Virtue theories of argumentation (VTA) emphasize the roles arguers play in the conduct and evaluation of arguments, and lay particular stress on arguers’ acquired dispositions of character, that is, virtues and vices. The inspiration for VTA lies in virtue epistemology and virtue ethics, the latter being a modern revival of Aristotle’s ethics. Aristotle is also, of course, the father of Western logic and argumentation. This paper asks to what degree Aristotle may thereby be claimed as a forefather by VTA.

In this paper I provide support for the view that at least some forms of adversariality in argumentation are legitimate. The support comes from Aristotle’s theory of illegitimate adversarial argumentation in dialectical contexts: his theory of eristic in his work On Sophistical Refutations. Here Aristotle develops non-epistemic standards for evaluating the legitimacy of dialectical procedures, standards which I propose can be understood in terms of the pragmatic notion of context as common ground. Put briefly, Aristotle makes the answerer’s meaning in (...) giving assent in dialectical contexts the basis for further moves in the game of dialectic. Moves which subvert the answerer’s meaning or do not solicit the answerer’s consent are marked as eristic, i.e. adversarial in a problematic sense. I conclude with remarks on what Aristotle’s theory may teach us about how semantic features relate to the normative evaluation of argumentation. (shrink)

While Aristotle provides the crucial testimonies for the paradoxes of motion, topos, and the falling millet seed, surprisingly he shows almost no interest in the paradoxes of plurality. For Plato, by contrast, the plurality paradoxes seem to be the central paradoxes of Zeno and Simplicius is our primary source for those. This paper investigates why the plurality paradoxes are not examined by Aristotle and argues that a close look at the context in which Aristotle discusses Zeno holds the answer to (...) this question. (shrink)

The infinite judgement has long been forgotten and yet, as I am about to demonstrate, it may be urgent to revive it for its critical and productive potential. An infinite judgement is neither analytic nor synthetic; it does not produce logical truths, nor true representations, but it establishes the genetic conditions of real objects and the concepts appropriate to them. It is through infinite judgements that we reach the principle of transcendental logic, in the depths of which all reality can (...) emerge in its material and sensible singularity, making possible all generalization and formal abstraction. (shrink)

In this article, Aristotelian Intelligence in the 13th Century Latin Medieval Era was evaluated on the basis of Ibn Rushd. In this context, the philosophical movement which is known as Latin Averroism is discussed. The concept of reason, which has begun to be discussed by the philosopher Ibn Rushd in the Middle Middle Age through the recognition of the annotations he wrote on Aristotle's works in the Middle Ages, seems to have gained a theological and political aspect with differentiated readings.

In these pages the author intends to examine the idea, quite widespread among Aristotle’s recent scholars, that the method of metaphysics were mainly dialectical. This problem is investigated in Aquinas, who decidedly denies that metaphysics uses dialectics because it just provides probability. Metaphysics, unlike dialectics, is not only based on the being of reason but also on the natural being. Therefore, it does not simply constitute a rational game about quiddities, but it studies things in their real actuality and must (...) therefore be supported by evidence. Although Aquinas agrees with Aristotle in affirming that not every science enjoys the same certainty, this fact is due to different reasons. First, all things do not possess the same stability and constancy. Secondly, there is not always a perfect match between the studied matter and the human faculty to ascertain. This match between the object and the subject is the most decisive factor for the certainty of sciences. (shrink)

In fragments from the Protrepticus, Aristotle offers three linked arguments for the view that philosophy is easy. According to an obvious normative worry, however, Aristotle also seems to think that the easiness of many activities has little to do with their choiceworthiness. Hence, if the Protrepticus seeks to exhort its audience to philosophize on the basis of philosophy’s easiness, then perhaps the Protrepticus provides the wrong sort of hortatory appeal. In response, I briefly situate Aristotle’s arguments in their dialectical context. (...) On this basis, I elucidate what sort of easiness Aristotle attributes to philosophy, and what difference Aristotle thinks philosophy’s easiness makes to its choiceworthiness. (shrink)

This paper has three major aims. The first is to defend the hypothesis that Aristotle’s lost work Protrepticus was a dialogue. The second is to explore the genres of ancient apotreptics, speeches that argue against doing philosophy and show the need for protreptic responses; our exploration is guided by Aristotle’s own analysis of apotreptics as well as protreptics in his Rhetorica. The third aim is to restore to the evidence base of Aristotle’s Protrepticus an apotreptic speech that argues against doing (...) Academic philosophy, evidence that was incorrectly excluded by Ingemar Düring in 1961. (shrink)

This paper advances an approach to presupposition rooted in the concept of commitment, a dialectical notion weaker than truth and belief. It investigates ancient medieval dialectical theories and develops the insights thereof for analyzing how presuppositions are evaluated and why a proposition is presupposed. In particular, at a pragmatic level, presuppositions are reconstructed as the conclusions of implicit arguments from presumptive reasoning, grounded on presumptions of different type and nature. A false (or rather unaccepted) presupposition can be thus represented as (...) the outcome of a conflict of presumptions – the ones used by the Speaker and the ones commonly accepted or backed by evidence. From an interpretative perspective, this defaulted presumptive reasoning can be explained by comparing the available presumptions and repaired by replacing the weaker and unacceptable ones. (shrink)

I claim that, in the Topics, Aristotle advises dialectical questioners to intentionally argue fallaciously in order to escape from some dialectically awkward positions, and I work through the consequences of that claim. It will turn out that, although there are important exceptions, the techniques for finding arguments described in Topics I–VII are, by and large, locations that Aristotle thought of as appropriate for use in philosophical inquiry. The text that grounds this claim, however, raises a further problem: it highlights the (...) solitary nature of philosophical inquiry, which puts into question the philosophical relevance of Topics VIII. I find that the Topics provides inadequate grounds for thinking that Aristotle saw Topics VIII as describing standards or techniques of argument that were appropriate for philosophy, and so these texts cannot be used by contemporary commentators to shed light on Aristotle's philosophical practice. Finally, although Aristotle saw philosophy as a solitary activity, he th.. (shrink)

Our aim is to argue for a deflationary interpretation of Aristotelian dialectic in the Topics, showing that dialectic is, for Aristotle, a specific sort of regulated debate, in contrast to a widely spread kind of interpretation which conceives dialectic as a method of philosophical investigation. Our claim is that an analysis carefully conducted of certain key texts does provide us with sufficient evidences for defending that the Topics is a handbook which codifies an existent art. This codification has a descriptive (...) character and reveals the rules of the debate, what is the specific kind of argument used in it, how premises are obtained and the predicative relation of the propositions used by the debaters. The mastery of the techniques required by the debate is not grounded in any sort of particular knowledge, rather in linguistic competence. It is by doing a technical usage of this competence that the Topics can be useful for philosophy. (shrink)

I argue that Topics VI does not contain any serious theory about definitions, but only a collection of advices for formulating definitions in a dialectical context, namely, definitions aiming to catch what the opponent means. Topics VI is full of inconsistencies that can be explained away by this approach: the inconsistencies reflect "acceptable opinions about definitions" that distinct groups of interlocutors accept. I also argue that the "topoi" need not be pieces of serious theory Aristotle is commited to. The "topoi" (...) must also be considered as "endoxa", namely, as accepted opinions about how it is legitimate to draw an inference. (shrink)

Meu objetivo nesse texto é oferecer uma interpretação do modo como a dialética aristotélica pode ser útil para a filosofia em geral, e o conhecimento dos princípios em particular, sem incorrer em problemas epistemológicos geralmente presentes ao se tentar explicar como, a partir de proposições das quais não temos comprovação do valor de verdade que possuem, as endoxa, se pode conhecer proposições primeiras e verdadeiras. Meu argumento central é que não é a dialética que, afinal, é útil para o conhecimento (...) filosófico, mas o próprio tratado, os Tópicos, na medida em que esse tratado oferece um conjunto amplo de ferramentas argumentativas que permitem ao seu estudante um domínio de técnicas lógico-linguísticas que podem ser aplicadas em qualquer âmbito discursivo, favorecendo o escrutínio mais profundo de proposições a serem examinadas. -/- English: My aim is to develop an interpretation about how Aristotelian dialectic can be useful to philosophy and, in more specific terms, to knowledge of the first principles, avoiding epistemological problems regarding the away one can explain the knowledge of propositions which are primaries and trues, by departing from proposition whose truth-evaluation is not assured, the endoxa. My main argument is that what is in fact useful to get to know the first principles is not dialectic itself, but the treatise at stake, the Topics. Accordingly, this treatise offers an wide set of logical and linguistic tools that can be applied to any discursive universe, favouring a deep scrutiny of proposition to be examined. (shrink)

Aristotle determines eristic argument as argument which either operates upon the basis of acceptable premisses (endoxa) and merely give the impression of being deductive, or argument which truly is deductive but operates upon the basis of premisses which seem to be acceptable, but are not (or, again, argument which uses both of these mechanisms). I attempt to understand what Aristotle has in mind when he says that someone is deceived into accepting premisses which seem to be acceptable but which are (...) really not, and how this disqualifies such arguments from being dialectical. In the first section of the paper I interpret Aristotle’s notion of endoxa in terms of a relational concept of acceptability. Real Índoxa are propositions which are accepted by a qualified group or individual. False endoxa may also be accepted by someone or some group, and may even be true, but they are used to serve the purposes of eristical argumentation, which departs from certain standards of dialectical argumentation articulated in the notion of endoxa as a norm for premiss-acceptance. In particular, eristic arguments may even be valid in the sense of a syllogismos while still failing to be proper dialectical arguments. In the second part of the paper I consider how this can be, in examining certain types of fallacies in the Sophistical Refutations and the relationship between fallacious argumentation and false endoxa. (shrink)

I claim that Aristotle does not make any concession to Socratic Intellectualism in EN VII 1-3. In these chapters, Aristotle intends exactly the opposite, which is to refute the Socratic thesis that attributes to ignorance the cause of akrasia. I understand that Aristotle’s procedure has two parts whose boundaries are demarcated by the introduction of phusikōs argument. In the first part Aristotle shows some ways of having knowledge that do not produces action in order to contradict the Socratic thesis. In (...) the second part is shown how akratic failure takes place and how it is explained by Aristotelian conception of practical knowledge. Thus, by saying in the conclusion to this second part that Socrates somehow was right, Aristotle does not mean to make any concession to Socratic Intellectualism. Rather, he means that the sentence that conveys the Socratic position by itself could be interpreted as correct, but, despite this, it is an important piece of a complete incorrect theory. (shrink)

Few arguments from the past have stirred up as much interest as Aristotle’s “Third man” and not so many texts have received as much attention as its account in chapter 22 of the Sophistici elenchi. And yet, several issues about both remain highly controversial, starting from the very nature of the argument at stake and the exact signification of some of its features. The essay provides a close commentary of the text, dealing with its main difficulties and suggesting an overall (...) interpretation of Aristotle’s discussion of the “Third Man” argument. (shrink)

Essa dissertação de mestrado cuida do problema do conhecimento dos primeiros princípios em Aristóteles, mais precisamente, das vias de acesso adequadas a provê-lo. Dada a primordialidade de um tal conhecimento, erige-se a questão de método: por qual via estaria garantido o acesso àquilo que constitui todo o fundamento e “razão para” do edifício do conhecimento filosófico e científico? Aristóteles, nos Segundos Analíticos, atribui à indução (epagoge) e à inteligência (nous) este papel, mas nos Tópicos o filósofo menciona que a dialética (...) é util aos primeiros princípios. O propósito maior desta pesquisa está não tanto no conciliar estes métodos, procurando atribuir alguma significação tanto aos Segundos Analíticos quanto aos Tópicos, mas no procurar viabilizar alguma fala da dialética no que concerne ao conhecimento dos primeiros princípios, sem, contudo, extrapolar o que parece estar autorizado a partir da leitura dos textos aristotélicos. Neste intento, propõe-se a análise da diaporemática de que cuida Aristóteles em Metafísica Β, visando investigar se esta de algum modo excede a dialética nos limites com as quais esta se debate. (shrink)

Like the doctrine of the categories in general, Aristotle’s category of the relative fulfils disparate functions: On the one hand, the category of the pros ti fulfils a dialectic or logical function that aims at the avoidance of fallacies. On the other hand, the category respects the peculiar mode of being of the relative. Taking these two different functions into consideration helps with the interpretation of Aristotle’s two definitions of the relative and his treatment of the properties of the relative (...) in Cat. 7, with the question whether corresponding relatives are of equal priority or ontologically independent, with the genus-species problem , and with the categorical classification of potency and act. (shrink)