J. Anthony Blair is a prominent international figure in argumentation studies. He is among the originators of informal logic, an author of textbooks on the informal logic approach to argument analysis and evaluation and on critical thinking, and a founder and editor of the journal Informal Logic. Blair is widely recognized among the leaders in the field for contributing formative ideas to the argumentation literature of the last few decades. This selection of key works provides insights into the history of (...) the field of argumentation theory and various related disciplines. It illuminates the central debates and presents core ideas in four main areas: Critical Thinking, Informal Logic, Argument Theory and Logic, Dialectic and Rhetoric. (shrink)

This is a study of the relativity of facts in relation to the frameworks of reference in terms of which those facts are established. In this early paper from 1975, intended for a less technical audience, the author proposes an understanding of facts and their associated frameworks in terms of complementarity. This understanding of facts leads to an integrated yet pluralistic concept of reality. In the Addendum, readers will find a partial listing of related publications by the author that extend (...) the research described in this paper. (shrink)

The work of cognitive psychologists, philosophical naturalists, post-modernists, and other such epistemic subversives conspires to endanger the well being of traditional analytic epistemology. Stephen Stich ( et tu Stich) has contributed his design for epistemology's coffin. I look hard at his proposed radical revision of epistemology. The ostensible target of Stich's analysis is the traditional enterprise of analytic epistemology. It is, however, the conceptual pillars that underpin both the traditional analytic and naturalist epistemologies that are the primary focus. It is (...) a conceptual domain neutral to the priorists and naturalists which Stich calls normative cognitive monism . Normative cognitive monism is the view that there is a unique system of cognitive processes that people should use. The point of Stich's analytical exercise is to disabuse us of the belief that there is such a unique and global set of standards by which cognitive performance is to be evaluated. He argues that all the evidence, both empirical and conceptual, leads away from this ultimately chauvinistic view and converges on normative cognitive pluralism which is the denial of monism. The same evidence that informs normative cognitive monism confirms normative cognitive pluralism. The empirical evidence is provided by the results of celebrated experiments on reasoning, or as Stich calls it, cognitive performance. The conceptual evidence derives from the failure of naturalistic accounts of intentional content. Stich's (1983) derisive view of theories of intentional content adumbrated in From Folk Psychology to Cognitive Science is now the linchpin of his pragmatic theory of cognitive evaluation. (shrink)

What justifies political power? Most philosophers argue that consent or democracy are important, in other words, it matters how power is exercised. But this book argues that outcomes primarily matter to justifying power.

Infusing logic with new rhetoric, dialogical pragmatics, and emphasizing argument context revolutionized the practice of logic. Critiquing oppressive practices and promoting justice, argumentationists empower participants to mediate their own argumentative situations. Against relativism to rescue the normative utility of good argument, argumentationists invoke the universal audience. Still, context-concerns eclipse its independence or resurrect rationalist absolutism. This vacillation imposes an external mediation that subverts establishing theoretical ground for promoting an empowering culture of justice.

In this article I am concerned with reasoning about matters of justice. There is no doubt that justice-reasoning is a significant mode of ethical reasoning and its importance is therefore generally accepted. But there is a considerable debate concerning the role formal justice can play in reasoning about justice. In this paper, I first provide an analysis of formal justice. I then show that the concept of formal justice is identical to one notion of fairness and I illustrate the function (...) of formal justice in reasoning about issues of fairness. In the third section, I argue that formal justice is an essential component of justice tout court and I demonstrate its value for understanding and assessing reasoning about matters of justice. The overall result of this investigation is that formal justice is an important notion that has a special function in moral thinking, which has not been sufficiently appreciated in the literature. (shrink)

Considerable attention has been given to the accessibility of legal documents, such as legislation and case law, both in legal information retrieval (query formulation, search algorithms), in legal information dissemination practice (numerous examples of on-line access to formal sources of law), and in legal knowledge-based systems (by translating the contents of those documents to ready-to-use rule and case-based systems). However, within AI & law, it has hardly ever been tried to make the contents of sources of law, and the relations (...) among them, more accessible to those without a legal education. This article presents a theory about translating sources of law into information accessible to persons without a legal education. It illustrates the theory by providing two elaborated examples of such translation ventures. In the first example, formal sources of law in the domain of exchanging police information are translated into rules of thumb useful for policemen. In the second example, the goal of providing non-legal professionals with insight into legislative procedures is translated into a framework for making available sources of law through an integrated legislative calendar. Although the theory itself does not support automating the several stages described, in this article some hints are given as to what such automation would have to look like. (shrink)

Recent rhetorical critiques of philosophy and science assume a contrast between rational argument and rhetoric that is inherited from an antirhetorical tradition in philosophy. This article rejects that assumption. Rhetoric is compatible with reasoned discourse in a strong sense originally outlined by Aristotle. Rhetorical analysis reveals the inadequacy of purely demonstrative accounts of rational argument and cognitive accounts of the conditions for rational assent to propo sitions. Social studies of the rhetoric of science, and in particular of credibility claims, need (...) not fall into the forms of relativism and global antirealism with which they have become associated. (shrink)

The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be (...) justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification 1 ; LJ 1 ); the other justifies its superiority over other eligible backings (legitimation justification 2 ; LJ 2 ). In this paper, we focus on LJ 1 and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ 1 refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ 2 and other subjustifications of LJ 1 will be discussed. (shrink)

Without extending the historical analysis, this article analyzes the relationship between the legal concept of person with regard to the notion of living independently. The concept is normatively established in Article 19 of the CRPD and is presented as a legal fiction. The legal technique of fictio iuris is the premise for analyzing contemporary problems, for example, the attribution of responsibilities to non-human personalities, such as robots. The article, however, develops the problem of attributing rights to persons with disabilities. The (...) contraposition of robots and disabled people, understood as opposing visions of anthropological and human models, is part of the philosophical dispute between humanism and post- or transhumanism. The conception of man appears different if created in the image and likeness of God, or as the fruit of evolution from primates, or as a transhumanist entity that can be replaced by the robot. The latter vision is rooted in the mechanization of the mind triggered by cybernetics and cognitive sciences and referable to problems of justice theory and political philosophy concerning the inclusion in society of disabled people. In this article I will limit myself to analyzing, against the background of this complex problem, the link between person, legal fiction and the right to disability starting from the criticism addressed by Nussbaum to Rawls based on the convention and following the methodology developed by Marchisio and Curto in order to clarify the legal connection between thirdness, disability, and person.However, I go one step further by including the issue of disability as justice within the evolution of the notion of the legal person, through the inclusion of fictio iuris and rhetorical methodology in positive law, as a criterion for the interpretation of art. 19 CRPD. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

In a posthumous paper, Perelman discusses his decision to bring his theory of argumentation together with rhetoric rather than calling it an informal logic. This is due in part because of the centrality he gives to audience, and in part because of the negative attitude that informal logicians have to rhetoric. In this paper, I explore both of these concerns by way of considering what benefits Perelman’s work can have for informal logic, and what insights the work of informal logicians (...) might bring to the project of Perelman and Olbrechts-Tyteca. (shrink)

SummaryThe conspicuous role of taxonomy and debates about taxonomy in the well‐established physical science of pedology throws into question the Popperian rejection of definition and classification.

After briefly vindicating casuistries which successively apply a number of different moral principles, I describe some of the principles of justice liable to figure in such casuistries, assess the relative popularity of these principles and show that some of the most popular cannot be consistently applied in all circumstances.

While support for corporate political activity (CPA) is well echoed in the literature, little has been done to empirically examine its ethicality. Moreover, existing ethical CPA frameworks assume normative and rational leanings that are insufficient to provide a comprehensive account of CPA ethicality. Utilizing the Ghanaian context, adopting a multiple case study design involving 28 Directors from 22 firms, and employing a grounded theory approach, I explore how the ethicality of CPA is determined in weak institutional environments. The findings reveal (...) that business executives evaluate ethics at three levels (i.e. context, organizational and strategy) using three principles (i.e. utilitarianism, justice and institutions). Leveraging this knowledge, I present an eclectic framework that bridges the long-standing gap between normative ethical prescriptions and lived ethical realities. In doing so, I move away from abstraction to give “voice” to the actors involved in CPA. I also present a model that shows how the ethical judgement process is influenced by managerial intuition and interactive personal and organizational experiences. This article has important theoretical and practical implications for ethical business-government relations in developing countries. (shrink)

This paper offers a novel situational approach to study organizational justice in which the proposed unit of analysis is managerial behavior manifested in argumentation rather than employee justice perceptions. The currently dominant theoretical framework in justice research, which is built on justice perceptions, neglects the unique features of organizational order and vulnerability of procedural justice perceptions. As the procedural justice concept belongs chiefly to a spontaneous market order under which the rule of law is made possible, it is inappropriate to (...) transfer this concept to an organization in which the rule of authority is dominant. Therefore, except the limited legal domain in which managerial freedom is restrained by laws, procedural justice in organizations represents a mirage that can give rise to hypocritical managerial actions that can legitimate morally controversial outcomes via eristic tactics. In contrast, interactional justice is of great importance to organizations in that employees and organizations can ensure their rational economic exchanges without deception. However, current formulations of interactional justice often regard interactions as a palliative recipe designed to alleviate reactions to outcomes and not as a constituent of distributive justice. Perelman’s argumentation theory can offer a new conceptualization of interactional justice that addresses this gap. (shrink)

Multinational corporations' international staffing policies have been evaluated in terms of cost and efficiency arguments. Research has not addressed, however, the ethical impact of these policies on diverse stakeholder groups. This paper presents a conceptual framework by which ethnocentric, polycentric and geocentric staffing policies are theoretically linked to underlying decision-making modes of instrumentality, bounded rationality and economic rationality, respectively. It goes on to describe the ethical rationales associated with each policy type, namely, distributive justice, moral rights of man, and utilitarianism. (...) An investigation of resulting ethical dilemmas affecting relevant MNC stakeholder groups is incorporated and offered as a tool for analyzing the true and full costs of trade-offs when choosing one policy over another. The paper concludes with a discussion of the implications of the conceptual framework for theory and practice and directions for future research. (shrink)

By synthesizing the argumentation theory of new rhetoric with research on heuristics and motivated reasoning, we develop a conceptual view of argumentation based on reasoning motivations that sheds new light on the morality of decision-making. Accordingly, we propose that reasoning in eristic argumentation is motivated by psychological (e.g., anxiety reduction) or material (e.g., vested interests) gains that do not depend on resolving the problem in question truthfully. Contrary to heuristic argumentation, in which disputants genuinely argue to reach a practically rational (...) solution, eristic argumentation aims to defeat the counterparty rather than seeking a reasonable solution. Eristic argumentation is susceptible to arbitrariness and power abuses; therefore, it is inappropriate for making moral judgments with the exception of judgments concerning moral taboos, which are closed to argumentation by their nature. Eristic argumentation is also problematic for strategic and entrepreneurial decision-making because it impedes the search for the right heuristic under uncertainty as an ecologically rational choice. However, our theoretical view emphasizes that under extreme uncertainty, where heuristic solutions are as fallible as any guesses, pretense reasoning by eristic argumentation may be instrumental for its adaptive benefits. Expanding the concept of eristic argumentation based on reasoning motivations opens a new path for studying the psychology of reasoning in connection to morality and decision-making under uncertainty. We discuss the implications of our theoretical view to relevant research streams, including ethical, strategic and entrepreneurial decision-making. (shrink)

Judicial obligation to enforce the law is typically regarded as both unproblematic and important: unproblematic because there is little reason to doubt that judges have a general, if prima facie, obligation to enforce law, and important because the obligation gives judges significant reason to limit their concern in adjudication to applying the law. I challenge both of these assumptions and argue that norms of political legitimacy, which may be extra-legal, are irretrievably at the basis of responsible judicial reasoning.

Both the sociology of knowledge and the philosophy of science are centrally concerned with the succession of scientific beliefs. In case studies of scientific debates, however, the emphasis tends to be placed on the outcome of disputes. This paper proposes that attention should instead be focused on the process of debate: that is, on scientific argumentation. It is shown how such a focus circumvents many traditional epistemological problems concerning the truth-status of scientific knowledge. By reference to the consensus conception of (...) truth, it is claimed that scientific arguments can be studied naturalistically whilst still honouring the orientation towards truth exhibited by scientists. Finally, the paper offers a brief résumé of recent studies indicating how this naturalistic study of scientific argumentation can be developed through the sociology of language. (shrink)

The author analyzes fictions of legal positivist philosophy and their role in the scientific legitimation of modern law and political domination. The original function of legalist fictions was the establishment of legal science, which would be autonomous and independent of other social sciences and public morality. In the second half of the 20th century, legal positivist philosophy has nevertheless adopted the fiction of the just law as its scientific legitimation fiction and incorporated moral and political discourse into legal science, again.Legal (...) positivism and its critiques within the discourse of the sociology of law and critical legal science keep the image of a hierarchical and centralized legitimation of law. Paradoxically, current legal philosophy and theory searching for a universally valid legitimation scheme is full of many different legitimations and reveals their growing plurality and the impossibility of establishing one sovereign legitimation scheme in the current social, theoretical and political condition. (shrink)

This essay discusses the developments and trends of research in legalargumentation of the last 25 years. The essay starts with a survey of thevarious approaches which can be distinguished: the logical approach, therhetorical approach, and the dialogical approach. Then it identifies varioustopics in the research, which constitute the various components of aresearch programme of legal argumentation: the philosophical component, thetheoretical component, the reconstruction component, the empiricalcomponent, and the practical component. It concludes with a discussion ofthe main trends in the research (...) of the last 25 years. (shrink)

Humanist concerns to empower human beings and to promote justice inspired the modern argumentation movement. Turning to audience adherence and acceptability of inferential links raised a spectre of pernicious relativism that undermines concerns for justice. Invoking Perelman’s universal audi-ence as a remedy only begs the question with ‘whose universal audience?’ and frustrates fulfilling the jus-tice commitment. Turning discourse toward the common good better addresses concerns of justice and social justice.