A criticism is offered of the chief argument employed by Davidson to debunk the notion of “metaphorical meaning”, which exploits the static nature of standard truth-conditional semantics. We argue, first, that Davidson's argument fails, and go on to suggest, secondly, that truth-conditional semantics would profit if the static feature were abandoned and were replaced by a processual, dynamic conception of meaning. We try to show that this processual aspect can be captured without making the ensuing semantic theory open to the (...) charge of psychologism. (shrink)

Bernard Williams briefly discusses agent regret in his broader account of moral luck. The present paper first outlines one way to develop Williams’s notion with reference to the unintended harm; it then suggests that agent regret can be counteracted by externalizing the action that caused unintended harm, in Harry Frankfurt’s sense of externalization; and then the present paper argues that apology is a mechanism by which a person can externalize an offending action/effect—in that way counteracting agent regret. This function for (...) apology—self-repair—is different from others described in the literature, which address the role of apology in repairing relationships. The present paper describes a nonfictional example, that of a veteran of the U.S. war in Iraq who contacts a family gravely injured by him and his combat unit; the veteran is motivated to contact the family to apologize. The example serves as a prototypical case of agent regret. The example is taken from a recent literature on the clinical psychology of self-inflicted “moral injury”; categorizing this example of moral injury as agent regret also helps broaden our understanding of moral injury as a philosophical category and as a psychological phenomenon. (shrink)

Pragmatics, Micropragmatics, Macropragmatics The paper addresses the distinction between micropragmatics and macropragmatics. It is postulated that this differentiation, a consequence of a number of controversies surrounding the core field of pragmatics, does manifest a number of conceptual merits and methodological feasibility. The article also aims to elaborate on the four concepts central to the methodology of pragmatics, i.e. deixis, presupposition, implicature and speech acts, from an essentially ‘micropragmatic’ perspective, describing their contribution to the proposition of an utterance, its illocutionary force, (...) and a wide range of effects the utterance may produce. At the same time, however, three relativities-regularities are indicated and presented as prompts for an integrated study of intentionality at the macro level of discourse/text. (shrink)

In this chapter I deal with indirect reports in terms of language games. I try to make connections between the theory of language games and the theory of indirect reports, in the light of the issue of clues and cues. Indirect reports are based on an interplay of voices. The voice of the reporter must allow hearers to ‘reconstruct’ the voice of the reported speaker. Ideally, it must be possible to separate the reporter’s voice from that of the reported speaker. (...) When we analyze the language game of indirect reporting, we ideally want to establish which parts belong to the primary voice and which parts belong to the reporter’s voice. In this paper I apply considerations on language games by Dascal et al. and I explore the dialectics between abstract pragmatics principles and considerations about situated uses that are sensitive to cues and clues. (shrink)

Philosophers have often adopted a dismissive attitude toward metaphor. Hobbes (1651, ch. 8) advocated excluding metaphors from rational discourse because they “openly profess deceit,” while Locke (1690, Bk. 3, ch. 10) claimed that figurative uses of language serve only “to insinuate wrong ideas, move the passions, and thereby mislead the judgment; and so indeed are perfect cheats.” Later, logical positivists like Ayer and Carnap assumed that because metaphors like..

On a familiar and prima facie plausible view of metaphor, speakers who speak metaphorically say one thing in order to mean another. A variety of theorists have recently challenged this view; they offer criteria for distinguishing what is said from what is merely meant, and argue that these support classifying metaphor within 'what is said'. I consider four such criteria, and argue that when properly understood, they support the traditional classification instead. I conclude by sketching how we might extract a (...) workable notion of 'what is said' from ordinary intuitions about saying. (shrink)

The aim of the paper is to explore the interrelation between persuasion tactics and properties of speech acts. We investigate two types of arguments ad: ad hominem and ad baculum. We show that with both of these tactics, the structures that play a key role are not inferential, but rather ethotic, i.e., related to the speaker’s character and trust. We use the concepts of illocutionary force and constitutive conditions related to the character or status of the speaker in order to (...) explain the dynamics of these two techniques. In keeping with the research focus of the Polish School of Argumentation, we examine how the pragmatic and rhetorical aspects of the force of ad hominem and ad baculum arguments exploit trust in the speaker’s status to influence the audience’s cognition. (shrink)

‘Scientific integrity’ certainly requires that data and references be beyond reproach. However, issues within the theory of scientific explanation suggest that there may be more to it than just this. While it is true that some contemporary, pragmatic analyses of explanation suffer from the ‘problem of relevance’, it does not seem to be true that the addition of formal, metaphysical constraints is necessary to solve this problem. I argue that, when viewed as requests for help with an epistemic problem, explanation (...) -seeking questions reveal the existence of a set of moral criteria centered in trust which, when satisfied, prevent trivial or irrelevant explanations from being offered, thereby broadening the concept of ‘scientific integrity’. (shrink)

En el presente artículo utilizamos el concepto de filosofía formalizada de Hansson, así como las categorías de idealización simplificada y perfeccionista que se le asocian, con el fin de proponer un metaanálisis de tres enfoques teóricos de la argumentación, a saber, la pragmadialéctica de van Eemeren y Grootendorst, los esquemas argumentativos de Walton y el enfoque conversacional de Jacobs y Jackson, en relación con el tratamiento de las falacias como un tipo de trasgresión de reglas pragmáticas. Concluimos que mientras las (...) dos primeras están ancladas en una concepción centralizada de lo falaz, la tercera abandona toda posibilidad de normatividad. (shrink)

Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...) many cases. I resolve the triad by considering the content of the vows. Vows concerning love are not promises at all. We cannot promise to do acts the performance of which is outside our control, and love involves states of mind outside our control. Vows concerning spousal roles are complicated by diverse social understandings of marriage and the centrality of emotion to the roles. (shrink)

Volume 6, Issue 3, September 2015, Page 246-264.

The usual treatment of a dinner table utterance of ‘Can you pass the salt?’ is that it involves an indirect request to pass the salt as well as a direct question about the hearer’s ability to do so: an indirect speech act. These are held to involve two illocutionary forces and two illocutionary acts. Rod Bertolet has raised doubts about whether consideration of such examples warrants the postulation of indirect speech acts and illocutionary forces other than the literal ones. In (...) a recent article, Mary Kate McGowan, Shan Shan Tam, and Margaret Hall claim to show that these doubts are unfounded. The purpose of this paper is to show that they have not established this. (shrink)

What individuates the speech act of prediction? The standard view is that prediction is individuated by the fact that it is the unique speech act that requires future-directed content. We argue against this view and two successor views. We then lay out several other potential strategies for individuating prediction, including the sort of view we favor. We suggest that prediction is individuated normatively and has a special connection to the epistemic standards of expectation. In the process, we advocate some constraints (...) that we think a good theory of prediction should respect. (shrink)

After a quick overview of the field of study known as “Lexical Semantics”, where we advocate the need of accessing additional information besides syntax and Montague-style semantics at the lexical level in order to complete the full analysis of an utterance, we summarize the current formulations of a well-known theory of that field. We then propose and justify our own model of the Generative Lexicon Theory, based upon a variation of classical compositional semantics, and outline its formalization. Additionally, we discuss (...) the theoretical place of informational, knowledge-related data supposed to exist within the lexicon as well as within discourse and other linguistic constructs. The formalization of the structure of natural language utterances around a surface form (phenogrammatics), a deep structure (tectogrammatics) and the meaning thereof as a logical form (semantics) has developed from the original theories of Curry and Montague to form coherent, type-driven models. Most of these new theories rely upon variations of the compositional analysis of the sentence: from pheno to tectogrammatics, and then to semantics. Our contribution to this work aims at giving such a model a means to overcome the problems posed by polysemous lexical units during the semantical analysis of the tectogrammatical form. Building upon an assumed “deep structure”, we formalize parts of Pustejovsky’s Generative Lexicon Theory, linguistically motivated in Pustejovsky (The generative lexicon, MIT Press, Cambridge, MA, 1995), in a pre-processing of the semantics of the sentence. The mechanisms of Lexical Semantics we propose are an additional layer of classical Montague compositional semantics, and, as such, integrate smoothly within such an analysis; we proceed by converting the lexical data to modifiers of the logical form. This treatment of Lexical Semantics furthermore induces us to think that some sort of non-evident background knowledge of the common use of words is necessary to perform a correct semantic analysis of an utterance. This “commonsense metaphysics” would therefore not be strictly confined to pragmatics, as is often assumed. (shrink)

: In this paper I argue that there is a very important, though often neglected, dissimilarity between the two Gricean conceptions of ‘what is said’: the one presented in his William James Lectures and the one sketched in the ‘Retrospective Epilogue’ to his book Studies in the Way of Words. The main problem lies with the idea of speakers' commitment to what they say and how this is to be related to the conventional, or standard, meaning of the sentences uttered (...) in the act of saying. Since the later notion of ‘what is said’, or ‘dictiveness’, is claimed to be logically independent from ‘formality’ (roughly, conventional meaning), Grice seems to maintain that there are cases in which content that is not expressed by a sentence in a context may nevertheless count as what is said. I propose an account of what is said that brings together the two apparently irreconcilable approaches. The price to be paid for a Gricean, however, is to accept a duality of behaviour between (natural language counterparts of) logical constants and logical variables. (shrink)

This essay is a sustained attempt to bring new light to some of the perennial problems in philosophy of mind surrounding phenomenal consciousness and introspection through developing an account of sensory and phenomenal concepts. Building on the information-theoretic framework of Dretske (1981), we present an informational psychosemantics as it applies to what we call sensory concepts, concepts that apply, roughly, to so-called secondary qualities of objects. We show that these concepts have a special informational character and semantic structure that closely (...) tie them to the brain states realizing conscious qualitative experiences. We then develop an account of introspection which exploits this special nature of sensory concepts. The result is a new class of concepts, which, following recent terminology, we call phenomenal concepts: these concepts refer to phenomenal experience itself and are the vehicles used in introspection. On our account, the connection between sensory and phenomenal concepts is very tight: it consists in different semantic uses of the same cognitive structures underlying the sensory concepts, such as the concept of red. Contrary to widespread opinion, we show that information theory contains all the resources to satisfy internalist intuitions about phenomenal consciousness, while not offending externalist ones. A consequence of this account is that it explains and predicts the so-called conceivability arguments against physicalism on the basis of the special nature of sensory and phenomenal concepts. Thus we not only show why physicalism is not threatened by such arguments, but also demonstrate its strength in virtue of its ability to predict and explain away such arguments in a principled way. However, we take the main contribution of this work to be what it provides in addition to a response to those conceivability arguments, namely, a substantive account of the interface between sensory and conceptual systems and the mechanisms of introspection as based on the special nature of the information flow between them. (shrink)

An argument can be taken as an operation of justification or as the product of this operation. But what about a counter-argument? This article is based on the hypothesis that there exists an operation of argumentative negation, which is both the argumentative and the negative equivalent of the operation of justification. Justification and argumentative negation necessarily act on assertions, for they are active at the level of the epistemic modalities of statements. As an operation, a counter-argument can thus be described, (...) as the application of an argumentative negation; as a product, it can be described as an argument the conclusion of which shows traces of negative modality. Two uses of argumentative negation are distinguished here: counter-argumentation and calling into question. The former can lead only to assertive conclusive statements, but the latter can also lead to directives or commissives. This leads the authors to introduce the notion of pseudo-argument, besides those of argument and counter-argument. It is shown in particular that when a pseudo-argument is rejected, argumentative negation has the effect of making evident an underlying argument. With respect to the latterit functions as a counter-argumentation, whereas with respect to the illocutionary act accomplished by the conclusive statement, it functions as a calling into question of a condition of satisfaction for this act. This article also defines certain characteristics of argument, proposes criteria for identifying argumentative negation in polemical conversations, and distinguishes four modes of counter-argumentation. (shrink)

In this article we present the bases for a computational theory of the cognitive processes underlying human communication. The core of the article is devoted to the analysis of the phases in which the process of comprehension of a communicative act can be logically divided: (1) literal meaning, where the reconstruction of the mental states literally expressed by the actor takes place: (2) speaker's meaning, where the partner reconstructs the communicative intentions of the actor; (3) communicative effect, where the partner (...) possibly modifies his own beliefs and intentions; (4) reaction, where the intentions for the generation of the response are produced; and (5) response, where an overt response is constructed. The model appears to be compatible with relevant facts about human behavior. Our hypothesis is that, through communication, an actor tries to exploit the motivational structures of a partner so that the desired goal is generated. A second point is that social behavior requires that cooperation be maintained at some level. In the case of communication, cooperation is, in general, pursued even when the partner does not adhere to the actor's goals, and therefore no cooperation occurs at the behavioral level. This important distinction is reflected in the two kinds of game we introduce to account for communication. The main concept implied in communication is that two agents overtly reach a situation of shared mental states. Our model deals with sharedness through two primitives: shared beliefs and communicative intentions. (shrink)

In this paper, I provide a descriptive definition of art that is able to accommodate the existence of bad art, while illuminating the value of good art. This, I argue, is something that existing definitions of art fail to do. I approach this task by providing an account according to which what makes something an artwork is the institutional process by which it is made. I argue that Searle’s account of institutions and institutional facts shows that the existence of all (...) institutions is due to their being perceived by their participants to perform some humanly valuable function. I then identify the functions to which the existence of art institutions is due. I then use these functions to provide a reductive institutional definition of art. Finally, in section seven, I examine the account’s consequences for the value of good art. (shrink)

The challenge of handling fictional discourse is to find the best way to resolve the apparent inconsistencies in our ways of speaking about fiction. A promising approach is to take at least some such discourse to involve pretense, but does all fictional discourse involve pretense? I will argue that a better, less revisionary, solution is to take internal and fictionalizing discourse to involve pretense, while allowing that in external critical discourse, fictional names are used seriously to refer to fictional characters. (...) I then address two objections to such realist theories of fiction: One, that they can’t adequately account for the truth of singular nonexistence claims involving fictional names, and two, that accepting that there are fictional characters to which we refer is implausible or ontologically profligate. (shrink)

It is often observed in metaethics that moral language displays a certain duality in as much as it seems to concern both objective facts in the world and subjective attitudes that move to action. In this paper, I defend The Dual Aspect Account which is intended to capture this duality: A person’s utterance of a sentence according to which φing has a moral characteristic, such as “φing is wrong,” conveys two things: The sentence expresses, in virtue of its conventional meaning, (...) the belief that φing has a moral property, and the utterance of the sentence carries a generalized conversational implicature to the effect that the person in question has an action-guiding attitude in relation to φing. This account has significant advantages over competing views: (i) As it is purely cognitivist, it does not have the difficulties of expressivism and various ecumenical positions. (ii) Yet, in spite of this, it can explain the close, “meaning-like,” connection between moral language and attitudes. (iii) In contrast to other pragmatic accounts, it is compatible with any relevant cognitivist view. (iv) It does not rest on a contentious pragmatic notion, such as conventional implicature. (v) It does not imply that utterances of complex moral sentences, such as conditionals, convey attitudes. In addition, the generalized implicature in question is fully calculable and cancellable. (shrink)

John MacFarlane explores how we might make sense of the idea that truth is relative. He provides new, satisfying accounts of parts of our thought and talk that have resisted traditional methods of analysis, including what we mean when we talk about what is tasty, what we know, what will happen, what might be the case, and what we ought to do.

Recent years have seen an explosion of interest in the semantics of knowledge-attributing sentences, not just among epistemologists but among philosophers of language seeking a general understanding of linguistic context sensitivity. Despite all this critical attention, however, we are as far from consensus as ever. If we have learned anything, it is that each of the standard views—invariantism, contextualism, and sensitive invariantism—has its Achilles’ heel: a residuum of facts about our use of knowledge attributions that it can explain only with (...) special pleading. This is not surprising if, as I will argue, there is a grain of truth in each of these views. (shrink)

Surprisingly little has been written about hedged assertion. Linguists often focus on semantic or syntactic theorizing about, for example, grammatical evidentials or epistemic modals, but pay far less attention to what hedging does at the level of action. By contrast, philosophers have focused extensively on normative issues regarding what epistemic position is required for proper assertion, yet they have almost exclusively considered unqualified declaratives. This essay considers the linguistic and normative issues side-by-side. We aim to bring some order and clarity (...) to thinking about hedging, so as to illuminate aspects of interest to both linguists and philosophers. In particular, we consider three broad questions. 1) The structural question: when one hedges, what is the speaker’s commitment weakened from? 2) The functional question: what is the best way to understand how a hedge weakens? And 3) the taxonomic question: are hedged assertions genuine assertions, another speech act, or what? (shrink)

Esta enciclopédia abrange, de uma forma introdutória mas desejavelmente rigorosa, uma diversidade de conceitos, temas, problemas, argumentos e teorias localizados numa área relativamente recente de estudos, os quais tem sido habitual qualificar como «estudos lógico-filosóficos». De uma forma apropriadamente genérica, e apesar de o território teórico abrangido ser extenso e de contornos por vezes difusos, podemos dizer que na área se investiga um conjunto de questões fundamentais acerca da natureza da linguagem, da mente, da cognição e do raciocínio humanos, bem (...) como questões acerca das conexões destes com a realidade não mental e extralinguística. A razão daquela qualificação é a seguinte: por um lado, a investigação em questão é qualificada como filosófica em virtude do elevado grau de generalidade e abstracção das questões examinadas (entre outras coisas); por outro, a investigação é qualificada como lógica em virtude de ser uma investigação logicamente disciplinada, no sentido de nela se fazer um uso intenso de conceitos, técnicas e métodos provenientes da disciplina de lógica. O agregado de tópicos que constitui a área de estudos lógico-filosóficos é já visível, pelo menos em parte, no Tractatus Logico-Philosophicus de Ludwig Wittgenstein, uma obra publicada em 1921. E uma boa maneira de ter uma ideia sinóptica do território disciplinar abrangido por esta enciclopédia, ou pelo menos de uma porção substancial dele, é extrair do Tractatus uma lista dos tópicos mais salientes aí discutidos; a lista incluirá certamente tópicos do seguinte género, muitos dos quais se podem encontrar ao longo desta enciclopédia: factos e estados de coisas; objectos; representação; crenças e estados mentais; pensamentos; a proposição; nomes próprios; valores de verdade e bivalência; quantificação; funções de verdade; verdade lógica; identidade; tautologia; o raciocínio matemático; a natureza da inferência; o cepticismo e o solipsismo; a indução; as constantes lógicas; a negação; a forma lógica; as leis da ciência; o número. (shrink)

Christian Kock’s essays show the essential interconnectedness of practical reasoning, rhetoric and deliberative democracy. They constitute a unique contribution to argumentation theory that draws on – and criticizes – the work of philosophers, rhetoricians, political scientists and other argumentation theorists. It puts rhetoric in the service of modern democracies by drawing attention to the obligations of politicians to articulate arguments and objections that citizens can weigh against each other in their deliberations about possible courses of action.

In this paper, illocutionary acts of commanding will be differentiated from perlocutionary acts that affect preferences of addressees in a new dynamic logic which combines the preference upgrade introduced in DEUL (dynamic epistemic upgrade logic) by van Benthem and Liu with the deontic update introduced in ECL II (eliminative command logic II) by Yamada. The resulting logic will incorporate J. L. Austin’s distinction between illocutionary acts as acts having mere conventional effects and perlocutionary acts as acts having real effects upon (...) attitudes and actions of agents, and help us understand why saying so can make it so in explicit performative utterances. We will also discuss how acts of commanding give rise to so-called “deontic dilemmas” and how we can accommodate most deontic dilemmas without triggering so-called “deontic explosion”. (shrink)

This paper questions the widespread view that verbal communication is governed by a maxim, norm or convention of truthfulness which applies at the level of what is literally meant, or what is said. Pragmatic frameworks based on this view must explain the frequent occurrence and acceptability of loose and figurative uses of language. We argue against existing explanations of these phenomena and provide an alternative account, based on the assumption that verbal communication is governed not by expectations of truthfulness but (...) by expectations of relevance, raised by literal, loose and figurative uses alike. Sample analyses are provided, and some consequences of this alternative account are explored. In particular, we argue that the notions of ‘literal meaning’ and ‘what is said’ play no useful theoretical role in the study of language use, and that the nature of explicit communication will have to be rethought. (shrink)

Grice (1957) drew a distinction between natural(N) and non–natural(NN) meaning, and showed how the latter might be characterised in terms of intentions and the recognition of intentions. Focussing on the role of natural signs and natural behaviours in communication, this paper makes two main points. First, verbal communication often involves a mixture of natural and non–natural meaning and there is a continuum of cases between showing and meaningNN. This suggests that pragmatics is best seen as a theory of intentional verbal (...) communication rather than a theory of meaningNN. Second, some natural behaviours have a signalling function: they are, in effect, natural codes. Such behaviours do not fit easily into Grice's distinction between natural and non–natural meaning, which suggests it is not exhaustive. (shrink)

ABSTRACTP.F. Strawson claimed that forgiveness is such an essential part of our moral practices that we could not extricate it from our form of life even if we so desired. But what is it about forgiveness that would make it such a central feature of our moral experience? In this paper, I suggest that the answer has to do with what I will call the normative significance of forgiveness. Forgiveness is normatively significant in the sense that, in its paradigmatic instances, (...) forgiving alters the operative norms bearing on the interaction between the victim and the wrongdoer in certain characteristic ways. My project here is, first, to clarify the ways that paradigmatic cases of forgiveness alter the norms of interaction between victim and wrongdoer and to argue that it is in this respect that forgiveness is a normatively significant feature of our moral responsibility practices. Second, I show that most extant theories of forgiveness fail to explain the characteristic ways in which forgiving alters norms. Th... (shrink)

Manipulation of quotation, shown to be a common tactic of argumentation in this paper, is associated with fallacies like wrenching from context, hasty generalization, equivocation, accent, the straw man fallacy, and ad hominem arguments. Several examples are presented from everyday speech, legislative debates and trials. Analysis using dialog models explains the critical defects of argumentation illustrated in each of the examples. In the formal dialog system CB, a proponent and respondent take turns in making moves in an orderly goal-directed sequence (...) of argumentation in which the proponent tries to persuade the respondent to become committed to a conclusion by asking questions and offering arguments. Analyzing quotation by using the notion of commitment in dialog, it is shown (a) how an arguer’s previous assertions can be brought to light in the course of a dialog to deal with problems arising from misquotation, (b) how the profile of dialog model allows a critic to analyse the fundamental effects misquotation brings about in a dialog, and (c) how the critic can use such an analysis to correct the problem. (shrink)

There is definitely a family resemblance between what contemporary contextualism maintains in philosophy of language and some of the claims about meaning put forward by the later Wittgenstein. Yet the main contextualist thesis, namely that linguistic meaning undermines truth-conditions, was not defended by Wittgenstein. If a claim in this regard can be retrieved in Wittgenstein despite his manifest antitheoretical attitude, it is instead that truth-conditions trivially supervene on linguistic meaning. There is, however, another Wittgensteinian claim that truly has a contextualist (...) flavour, namely that linguistic meaning is itself wide-contextual. To be sure, this claim does not lead to the eliminativist/intentionalist conception of linguistic meaning that radical contextualists have recently developed. Rather, it goes together with a robust conception of linguistic meaning as intrinsically normative. Yet it may explain why Wittgenstein is taken to be a forerunner of contemporary contextualism. (shrink)

Many recent definitions of lying are based on the notion of what is said. This paper argues that says-based definitions of lying cannot account for lies involving non-literal speech, such as metaphor, hyperbole, loose use or irony. It proposes that lies should instead be defined in terms of assertion, where what is asserted need not coincide with what is said. And it points to possible implications this outcome might have for the ethics of lying.

An experimental study is reported which investigates the differences in interpretation between content conditionals (of various pragmatic types) and inferential conditionals. In a content conditional, the antecedent represents a requirement for the consequent to become true. In an inferential conditional, the antecedent functions as a premise and the consequent as the inferred conclusion from that premise. The linguistic difference between content and inferential conditionals is often neglected in reasoning experiments. This turns out to be unjustified, since we adduced evidence on (...) the basis of a quantitative and a qualitative analysis that this difference has a manifest psychological relevance. For the inferential conditionals, participants appear to retrieve the order of events of the original content conditional on which it was based, before they start reasoning with it. The implications of this finding for reasoning research and linguistics will be discussed. (shrink)

Inferential or epistemic conditional sentences represent a blueprint of someone’s reasoning process from premise to conclusion. Declerck and Reed (2001) make a distinction between a direct and an indirect type. In the latter type the direction of reasoning goes backwards, from the blatant falsehood of the consequent to the falsehood of the antecedent. We first present a modal reinterpretation in terms of Argumentation Schemes of indirect inferential conditionals (IIC’s) in Declerck and Reed (2001). We furthermore argue for a distinction between (...) epistemic-modal strong and deontic-modal weak IIC’s. In addition, we extend the category of the indirect inferential conditionals in order to include several other deontic-modal subtypes. On the basis of the undesirability of the consequent the hearer in these cases infers that the antecedent is also undesirable. In this way the rhetoric-argumentative strategy of Reductio ad Absurdum is extended from the realm of deductive reasoning to that of practical reasoning. (shrink)

In institutional legal theory, norms and facts are reciprocally operating elements: an interplay in which meaning construction is closely connected with acting: the pragmatic understanding of legal language in terms of its uses. With the semiotic elements of institutional theory, extended by the notion of ‘semiotic groups’, an analytical framework can be constructed to analyze a case study on the shifts in the concept of war which have taken place since the 1945 UN Charter and in the aftermath of 9/11. (...) The semiotic aspects of the institutional approach can offer insight into the complexity of the processes of meaning attribution in the field of law and war. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convinc-ingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of ‘directiveness’ that a critical reaction displays. Second, it will be examined whether (...) and to what extent there is a normative requirement to strive after criticism that is more than minimally directive. In this paper, it is hypothesized that the com-petitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumenta-tive strategy that defuses them. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...) there are normative requirements that enhance the directiveness of criticism. Does the opponent have in circumstances a dialectical obligation to provide clarifications, explanations, or even arguments? In this paper, it is hypothesized that the competitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumentative strategy that defuses them. (shrink)

This article develops a model first proposed in my book Jurisprudence and communication [67]. It takes as its starting point the generally conception that legal rules are valid norms, involving a normative content and expressing themselves in reality through observable conduct. This dualistic character of law is central. Law is both fiction and factual, ideal and real. But the viewpoint that a legal rule is a manifestation of validity in reality, through empirical acts, raises the question how rules as (valid) (...) fictions can be known and understood in their linguistic form. How is meaning attributed to the legal words and how do these words relate to the world of fact? Taking an institutional-pragmatic approach as a starting point, an analytical model is created that can be used as an instrument for the relationship between legal rules as thought objects existing only in the mind, and legal rules as observable conduct. This model seeks to revise the classical models of legal communication that basically focus on the unilateral flow of legal information between ‘senders and receivers’ and their claim of linear causality between rules and conduct. The model here constructed in the theoretical part is then applied to several case studies, in order to analyze the construction of meaning in actual use. Two fundamental rights—the older codified in 1798 and the more recent codified in 1983—in the Dutch Constitution have been analyzed using the model as an instrument. Further, the remarkable shifts in article 96 of the Constitution, the declaration of war, and its consequences, resulting in a new category of war—the armed conflict—have been analyzed, as well as the phenomenon of ‘peacekeeping missions’ involving actual warfare. The new war terminology has created vagueness with respect to the clear-cut division between war and peace, which has been reflected in several cases before Court, including the Eric O. case. The present analysis of the case studies indicates that the model was not in all cases completely tailored to the facts: for example, in the case study on article 96 a broad spectrum of observable legal and non-legal actors dominated the facts in such a way that the model did not fully cover it. The observations on my book by the three respondents in this special issue have contributed to the adaptation and extension of the model. In the Postscript my responses suggest some ways in which their ideas can be implemented. (shrink)

In this article it is pointed out what kind of rules for communication and argumentation are required in order to make it possible to resolve disputes in an orderly way. In section 2, Gricean maxims and Searlean speech act conditions are integrated in such a way that five general rules for communication can be formulated. In section 3, starting from Lewis's definition of convention, it is argued that the interactional effect of accepting is conventionally linked with the complex communicative act (...) complex of argumentation. In section 4, the rules for argumentation are placed in a dialogical perspective. (shrink)