The paper concerns the refutation of Polus (474c-475e). My approach to the refutation is to give a logical analysis of the argument and the fallacy in it. I argue that the verbal nature of the refutation is a valuable key to understanding the special emphasis that Plato places on the sophistic misuse of language.

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation. The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the fourth. The article then considers, and (...) rejects, two arguments against remorse as a mitigating factor in sentencing: that the crime, not the offender, is the focus of punishment; and that the truly remorseful offender would not ask for mitigation. The article concludes with a brief consideration of whether a lack of remorse should be an aggravating factor. (shrink)

This paper argues that the modern curriculum of academic subject disciplines embodies a rationalist conception of pure, universal knowledge that does little to cultivate, humanise or form the self. A liberal education in the classical humanist tradition, by contrast, develops a personal culture or paideia, an understanding of the self as a social, political and cultural being, and the practical wisdom needed to make judgements in practical, political and human affairs. The paper concludes by asking whether the old liberal curriculum, (...) traditionally centred on the humanities and the disciplines of grammar and rhetoric, can be recovered in the modern age. (shrink)

The public and scholars alike largely consider envy to be reprehensible. This judgment of the value of envy commonly results either from a limited understanding of the nature of envy or from a limited understanding of how to determine the value of phenomena. Overcoming this state requires an interdisciplinary collaboration of psychologists and philosophers. That is, broad empirical evidence regarding the nature of envy generated in psychological studies must inform judgments about the value of envy according to sophisticated philosophical standards. (...) We conducted such a collaboration. Empirical research indicates that envy is constituted by multiple components which in turn predict diverse outcomes that may be functional for the self and society. Accordingly, the value of envy is similarly nuanced. Sometimes, envy may have instrumental value in promoting prudentially and morally good outcomes. Sometimes, envy may be non-instrumentally prudentially and morally good. Sometimes, envy may be bad. This nuanced perspective on the value of envy has implications for recommendations on how to deal with envy and paves the way toward future empirical and theoretical investigations on the nature and the value of envy. (shrink)

ABSTRACT Reverse eikos (plausibility) arguments are notorious for reversing a reason that supports an accusation into a reason that denies this accusation. This article offers new insights on their analysis and evaluation, by reconstructing a reverse eikos argument’s line of reasoning as an argumentative pattern. The pattern reveals that this type of argument centers not only on the arguer’s claim that by doing the act of which they have been accused, they would risk becoming the likely suspect, but also on (...) the connected reasoning that they would not want to risk this since that would be stupid and they are not stupid. The proposed analysis, which is illustrated with classic and modern examples of reverse eikos arguments, shows that the evaluation of these arguments boils down to estimating the arguer’s calculation of the costs and benefits of taking the risk, while taking into account the arguer’s character, intellect, and circumstances. (shrink)

In recent years, debates about euthanasia and assisted suicide have increased to the point that now, many people defend the recognition of the right to die, the right for people to decide upon the end of their life. Consistently, advocates fight to legalise practices such as euthanasia to guarantee patients’ possibility to die when they request it. In this paper, I review two of the strongest arguments invoked by proponents of physician-assisted suicide: the argument for compassion and the argument for (...) dignity. The focus of this paper is to propose a review of these arguments through the lens of virtue ethics to inform the debate on physician-assisted suicide and question the relevance of such arguments for the legalisation of that right that would greatly ease the possibilities to end the life of a patient asking for it. (shrink)

This is lightly edited and referenced version of a presentation given at the 20th International Philosophy of Nursing conference in Quebec on 23rd August 2016. Philosophical texts are not given the same prominence in nurse education as their more valued younger sibling, primary research evidence, but they can influence practice through guidelines, codes and espoused values. John Stuart Mill’s harm principle, found in On Liberty, is not a universal law, and only a thoroughgoing libertarian would defend it as such, though (...) it, or its remnants, can be seen can be seen in policy documents. But its influence is weakening. Smoking bans in enclosed spaces were initially justified with other‐regarding considerations, but judgements from unsuccessful legal challenges from patients in UK psychiatric hospitals rely on preventing harm to the smoker, even when smoking outside, which does not harm others. In the wake of legislation, no‐smoking policies enacted by hospitals are becoming more aggressive, banning smoking both inside and outside, and extending the use of power gained through employment to prevent nurses assisting patients enjoy a lawful habit. Mill’s dictum has been subverted, and this speaks to the fundamental purpose of nursing. Should nurses collude and willingly exert their power for their version of the good of the patient? Or should they instead reaffirm values that support and facilitate life choices made by autonomous people? The paper supports the latter option, and this has wider application for nursing which can be illuminated, if not settled, by revisiting Mill and his famous dictum. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetoric, Grief, and the Imagination in Early Modern EnglandStephen PenderIn 1633, the Northampton physician James Hart warned that excessive grief "will to some procure irrecoverable Consumptions," dry the brain and bone marrow, hinder digestion, interrupt rest, and "by consequent prove a cause of many dangerous diseases." The risk was grave: "Galen himself maketh answer that one may dye of these passions, and to this doe all Physicians assent; and (...) experience maketh it so appeare" (1633, 393–95).1 In the sixteenth and seventeenth centuries, physicians routinely treated grief and its effects, since it was commonly held that the passions were realized in matter.2 They applied an ensemble of remedies—bleeding, emetics, laxatives—predicated on sympathetic connection between bodies and souls, for disturbance "in the emotional climate of the body alters its inner temperature and causes in turn dangerous mutations in the balance and composition of the humours" (MacDonald 1981, 182).3 The spirits, too, were enlisted: for "the spirit being either withdrawne from the outwarde parts by vehement passio[n] of griefe," the "outward partes not only faile in their sense and motion, but even nourishment & growth thereby are hindered" (Bright 1586, 60; see also 47, 51–52). But grief also "besieged" the mind, weakened reason, hampered discourse, and impugned the will (Reynolds 1640, 229–30). By affecting mental faculties, passions subvented affliction, and thus physicians offered various prophylactics against fulminant emotion in the sick, most [End Page 54] of which focused on the imagination as potentially harmful faculty that prolonged or intensified suffering. A sufferer, Hart writes, "by reason of his sicknesse, hath sorrow enough, especially, if the party be of a feeble, fearfull and pusillanimous spirit, the phansie still framing unto it selfe new fears of some bad and sinistrous event." As wards against excessive passion, Hart recommends vigilance and circumspection, accommodation and distraction. First, physicians must guard against visitors who "prove the causes of infinite evills to the sicke" by occasioning overweening feeling. Drawing on Paul's distinction between worldly and "godly" sorrow in his second letter to the Corinthians, Hart recognizes that sufferers have just cause for fear, and physicians should not interrupt or retard "true sorrow for sinne," which offers comfort to a "drouping and sorrowfull soule." But the effects of any lenitive passion are endangered by "indiscreetly" compounding fear and grief "at an unseasonable time" (1633, 400). To avoid odium, a counselor's efforts must conform to "time, place, and person" (Wilson 1994, 120). Second, a physician should "accommodate himselfe to the severall dispositions of his patients, and to many particular circumstances concerning them," adjusting therapies and practices to individual sufferers. Finally, if not too fragile, the sick should be distracted with mirth (1633, 400).Those expressing "true sorrow for sinne" should read. Hart recommends one of the "many volumes written by our learned Divines, concerning this subject," Robert Bolton's 1631 Instructions for a Right Comforting Afflicted Consciences with Speciall Antidotes Against Some Grievous Temptations. Bolton, who was rector of Broughton, Northamptonshire, and a popular conformist preacher, insists that divines sometimes held even "godly sorrow" unseasonable, "when it unfitteth the body or minde to good duties" (1641, 587). Excessive grief is particularly foul: of "all other passions of the Soule," he writes, "sadnesse, and grief grates most upon the vitall spirits; dries up soonest the freshest marrow in the bones; and most sensibly suckes out the purest, and refinedst bloud in the heart" (1641, 21). Bolton's remedies are to avoid idleness and solitude, for both render the soul susceptible to disquiet (1641, 582), and to read: the sorrowful and the melancholy find succor in scripture. Although both forms of suffering may be treated medically, one remedy for an afflicted conscience is "Gods blessed Booke" (1641, 211–15). One early seventeenth-century Sussex physician turned to Burton's Anatomy of Melancholy (1621) for assistance.4Like most physicians in the period, both Hart and Bolton differentiate grief occasioned by humoral imbalance from sorrow born of a repentant conscience, and both confirm that the "phantasie" is central to physical and [End Page 55] moral therapy.5 For Bolton, grief, melancholy, and "terror of conscience" dwell chiefly in the imagination (1641, 212... (shrink)

In his works on argumentation, Aristotle develops three main forms: apodeictical, dialectical, and rhetorical argumentation; dialectic is subdivided into several subspecies. The purpose of this paper is to discuss all of the forms described by Aristotle, to examine their differences and to point out their interrelations. This leads to an examination of the differentiating criteria and their applicability in the case of each argumentation form—and in particular to the question regarding the number of criteria that are necessary to describe each (...) form clearly and unambiguously. It is argued that Aristotle’s works on argumentation contain an implicit system of argumentation forms that is based on no more than three criteria. (shrink)

The triangular desire and the scapegoat mechanism are the key issues of René Girard’s mimetic theory. The imitative desire to have what the other has conceals the ‘meta-physical’ desire to be the Other. The ‘inter-dividual’ human being does not recognize in his model/rival or in the idol/scapegoat the mimetic ‘counter-part’ of himself. How can Nietzsche’s reading of the ancient Greek agonal or competitive culture be re-interpreted in the context of his ambivalent relationship with Richard Wagner? What is the correlation of (...) Nietzsche’s mental illness and his choice in favour of the violence by Dionysus against the Judaeo-Christian truth of the innocent victim? Nietzsche’s attitude of resentment – from a 'thwarted and traumatized desire' – is put in a wider cultural-psychological and ‘anthropo-ethical’ context. The tripartite division of the soul according to Plato, Aristotle’s rhetoric ‘patho-etho-logy’ and the trifunctional hypothesis of Georges Dumézil make up the interpretative framework. Nietzsche’s ‘patho-logy’ – self-knowledge alienated from desire – and the destruction of his moral resilience typify an ‘autoimmune crisis’. (shrink)

Cases—be they real or fictional—are commonplace both in the medical ethics literature and in the public media. Cases take on a variety of forms: from streamlined to book length narratives. They also serve a variety of different purposes, from illustration, to decision making, and from debunking to heuristics. Drawing on the rhetorical analysis of « exemplum », I shall describe what cases are, and what their role is in the practice of clinical ethics. I identify two basic ways in which (...) cases can be brought to bear on ethical thinking and practice: a « tamed » and a « wild » way, and show how « wild cases » can serve a useful heuristic function despite their appeal to emotions and their unusual and striking character. In conclusion, I will argue that cases, both in their wild and their tamed form, are not only useful pedagogical tools, but can serve as a legitimate empirical basis for medical ethics. (shrink)

Cases—be they real or fictional—are commonplace both in the medical ethics literature and in the public media. Cases take on a variety of forms: from streamlined to book length narratives. They also serve a variety of different purposes, from illustration, to decision making, and from debunking to heuristics. Drawing on the rhetorical analysis of « exemplum », I shall describe what cases are, and what their role is in the practice of clinical ethics. I identify two basic ways in which (...) cases can be brought to bear on ethical thinking and practice: a « tamed » and a « wild » way, and show how « wild cases » can serve a useful heuristic function despite their appeal to emotions and their unusual and striking character. In conclusion, I will argue that cases, both in their wild and their tamed form, are not only useful pedagogical tools, but can serve as a legitimate empirical basis for medical ethics. (shrink)

This paper challenges recent influential arguments which would encourage legislators and courts to give weight to an assessment of the “evaluative judgements” expressed by the emotions which motivate crimes. While accepting the claim of Kahan and Nussbaum and others that emotions, other than moods, have intentional objects , and are not mere impulses which bypass cognition, it suggests the following criticisms of their analysis. First, the concept of an emotional “evaluative judgement” tends to elide the distinction between “judgements” that are (...) merely the sense of an emotion, and do not have the character of acts, and deliberative emotional judgements that do resemble acts and so properly fall within the corrective scope of the law. Second, intentional emotions are empowered by pre–intentional psychological resources which are less amenable than intentional states to the agent's conscious supervision: The traditional recognition of “infirmity” in mitigation of crimes uncharacteristic of the criminal's overall conduct towards others is justified by the unpredictable action of these pre–intentional elements and can survive the abandonment of the mechanistic conception of emotion. (shrink)

Before they can commit their states to war, leaders who believe that war is necessary must first secure public commitment to collective action and sacrifice. The chief instrument for achieving this...

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)

In this essay we contend that traditional theories of argument are consonant with and enrich the project of postmodernity. Reading postmodernity as ‘a rhetoric’ underscores how the process of discursively resolving conflicts is occasionally threatened by politically motivated efforts to misuse the methods of argument; it alerts us to the egregious acts that are and can be performed ‘in the name of,’ but not because of, rationality. Postmodernity is thus an attempt by a new generation of theorists to recast and (...) draw attention to perennial philosophical problems in the context of contemporary political difficulties. (shrink)

This essay examines the relation of Darwin's orchids book to a central persuasive flaw in theOrigin: Its inability to give variation sufficient “presence” to break the hold of “design” in the mind of the reader. Darwin characterized the orchids book as “a flank movement on the enemy”; this essay identifies the “enemy” as Paley's natural theology and the “flank” as thetopoi, maxims, and habits of perception that led Darwin's colleagues and contemporaries to see design in nature. Moreover, this essay examines (...) three aspects of rhetorical timing pertinent toOrchids - time askairos, time as adequate duration, and time as transformation - and then relates those features to Robert Cox's Heideggerian logic of repetition, disavowal, and transcendence. The essay concludes with implications of the tactical and temporal aspects of Darwin's reasoning for understanding both the logic of science and of Darwin as a rhetorical artist. (shrink)