In Argument, Inference and Dialectic Pinto argues that critical practice can furnish us with the necessary guidance to answer our questions about argument and inference; we do not need to develop a theory of argument/inference. Pinto’s provocative remarks raise questions about the appeal to practice, and recall problems that Toulmin encounters in development of his innovative theory in The Uses of Argument. In this paper, I juxtapose and reflect on these developments.

In this paper I provide an interpretation of Kant’s conception of free speech. Free speech is understood as the kind of speech that is constitutive of interaction respectful of everybody’s right to freedom, and it requires what we with John Rawls may call ‘public reason’. Public reason so understood refers to how the public authority must reason in order to properly specify the political relation between citizens. My main aim is to give us some reasons for taking a renewed interest (...) in Kant’s conception of free speech, including his account public reason. Kant’s position provides resources for dealing with many of the legal and political problems we currently struggle to analyze under this heading, such as the proper distinction between the sphere of justice and the sphere of ethics, hate speech, freedom of speech, defamation, and the public guarantee of reliable media and universal education. (shrink)

Philosophy of science is showing an increasing interest in the social aspects and the social organisation of science—the ways social values and social interactions and structures play a role in the creation of knowledge and the ways this role should be taken into account in the organisation of science and science policy. My thesis explores a number of issues related to this theme. I argue that a prominent approach to the social organisation of science—Philip Kitcher’s well-ordered science—runs into a number (...) of problems. They undermine its philosophical plausibility and practical usefulness. I agree with Kitcher that arguments about the social organisation of science should recognise profound societal consequences of science. Kitcher argues that the appropriate organisation of science should therefore take into account laypersons’ values and needs when making decisions concerning research planning, evaluation and application. My criticisms show that this is not enough. Drawing on Helen Longino ideas, I argue that laypersons’ perspectives and knowledge may also be relevant when doing research. In order to show how more inclusive research practices may be possible, I discuss connections between philosophy of science and some developments in science policy, which has also recently shown considerable interest in democratic participation. I demonstrate how public participation experiments in science policy may sometimes be close enough to what the philosopher would recommend. Their analysis can thus be helpful for understanding how societal developments may provide opportunities for the involvement of laypersons in science and what factors may endanger its success. I conclude that a way to pursue a more socially relevant philosophy of science is to focus on the points of contact and possibilities of cooperation between philosophical proposals and these public participation initiatives. (shrink)

This dissertation offers a dialectical analysis of law creation insofar as legal rules and processes of social ordering are the products of interactions among agents inter se and between agents and legal institutions. This perspective demands that agents be regarded as contributing to the creation of law governing their own lives. The agents involved are not restricted to legal officials but include all persons with the capacity to exercise agency. This perspective of law creation is defended on the basis that (...) the dialectical analysis permits a better comprehension of the relationship between law and morality. The normative defence of the dialectical approach is based on four inter-related arguments. First, law creation is an instantiation of moral practice for "full insiders", these being agents committed to norms and intrinsic goods. Secondly, the conflicts ensuing from the interactions of agents tend to imbue legal authority with some degree of legitimacy through normative compromises. Thirdly, as the agents involved in this process exercise political freedom, they have the capacity to exercise judgement in mediating between a commitment to institutional structures that facilitate moral practice and a commitment to moral reasoning that can counsel the instigation of change. Lastly, even in the case of "truncated insiders", agents who are not committed to moral reasoning, there are certain weak prudential checks that exist within the games they play inhibiting unfair processes and unjust outcomes. (shrink)

This thesis inquires into our ‘human nature’ through an interdisciplinary approach that considers some of the radical changes in intellectual thought at those key points in Western culture in which this concept has been centrally deployed. The broad historical sweep that this study covers finds the preoccupation with defining who we are and what we are capable of inextricably linked with the focus, at most of the pivotal moments examined, on a dominant impulse to conceive human beings as moral creatures.

The aim of this paper is to offer some philosophical remarks concerning the concept of moral application in applied ethics. In doing so, I argue in favour of a philosophical approach towards applied ethics as a unitary form of moral experience. In fact every form of applied ethics, no matter how specific, moves from a problem of application and tries to fill a gap between moral theory and practice. This essential unity of applied ethics as a moral phenomenon is of (...) great philosophical interest, since it belongs to the core problem from which moral thinking itself originates. For this reason, what applied ethics may reveal to a philosophical inquiry could provide valuable insight into the nature of moral experience itself. This is why it is important to reflect on what applied ethics is and whether the way in which application is usually framed be ts the properties of moral experience or not. In the first section I submit some preliminary remarks concerning the theoretical requirements to any philosophical approach to applied ethics. In the second section I present how application is commonly understood in the applied ethics debate by discussing the deductive and the procedural models of application. Both models, however, draw upon a technological conception of application which fails to t the structure of moral experience. Finally, I brie y sketch out the main features and the future tasks of what seems to me to be the most promising approach to the issue, i.e., the hermeneutic concept of application. (shrink)

The Animal that was named, categorized, and excluded from the human community by the Greeks has seeped into society at multiple points. This Animal now exists in a paradoxical limbo where she is both excluded from social standing and moral consideration while at the same time being included, utilized and discussed within all sectors of society from advertising to philosophy, neuroscience to the pet industry, religion to farming. Thus, animals have been caught up in multiple mechanisms of explanatory terminology, symbolic (...) use, and physical captivity which all work together to create a Discourse of the Animal, which is employed both by those who seek to justify animal use and those who advocate animal liberation. This paper offers a speculative reflection on the development and deployment of the Discourse of the Animal, its reliance on western notions of political subjectivity, and suggests that the biological lives of particular beings invite us beyond discourse to new, though perhaps costly, conceptions of liberation for all beings. (shrink)

Justice requires that the significant differences between the way contemporary American law treats children and adults be grounded in some morally relevant difference between them. ;The Supreme Court has generally cited three commonly held beliefs about how children are different from adults: their vulnerability to harm, their lack of mature judgment, and the importance of the parental role in their lives. ;This dissertation argues that, granting the courts those differences, as well as principles of justice considered to be absolute in (...) adult contexts, decision-making in children's rights cases is rife with inconsistencies. ;The decisions are not consistent in cases involving children and adults who are physically incapacitated. They are not consistent in cases involving children and adults who are mentally incapacitated. Finally, on either of the legal system's interpretations of the parental role, many decisions in children's rights cases violate fundamental constitutional principles. ;The basis of the inconsistent decision-making is determined to be the presumption that children as a class are utterly "different," and that, therefore, their rights can be granted or withheld according to an entirely different standard. ;Finally, a solution to the problem of children's rights is located in the legal doctrine of suspect classes. (shrink)

The Indiana Religious Freedom Restoration Act and its subsequent backlash serve as a case-study to raise ethical concerns both about the characterization of contemporary western liberal democracy as a political theory and a prevailing religious extremism acting as a legislative power within governments; Developing and reflecting on these issues this study will attempt to show a need to evaluate the moral principles attributed to modern political systems and the governmental delineation of power over individuals within a society. Applying Rawlsian concepts, (...) this study will show that laws such as the RFRA are representative of weak and superficial democracies that in most cases are actually centres of power, funded by corporations and organisations in direct conflict with liberal principles. (shrink)