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The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) |
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According to a familiar (alleged) requirement on practical reason, one must believe a proposition if one is to take it for granted in reasoning about what to do. This paper explores a related requirement, not on thinking but on acting—that one must accept a goal if one is to count as acting for its sake. This is the acceptance requirement. Although it is endorsed by writers as diverse as Christine Korsgaard, Donald Davidson, and Talbot Brewer, I argue that it is (...) |
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Standards and norms for reasoning function, in part, to manage epistemic risk. Properly used, modal qualifiers like presumably have a role in systematically managing epistemic risk by flagging and tracking type-specific epistemic merits and risks of the claims they modify. Yet, argumentation-theoretic accounts of presumption often define it in terms of modalities of other kinds, thereby failing to recognize the unique risk profile of each. This paper offers a stipulative account of presumption, inspired by Ullmann-Margalit, as an inferentially generated modal (...) |
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Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...) |
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This paper juxtaposes two conflicting positions on the justifiability of authority: Robert Wolff's philosophical anarchist argument and a response to Wolff consisting in Joseph Raz's service conception of authority. Following an introduction, I provide a brief exposition of Wolff's claim that authority is incompatible with moral autonomy (Section 2). After presenting the Razian response (Section 3), I consider what implications follow from Raz's service conception of authority assuming it is correct (Section 4). I argue that, even if the service conception (...) |
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This paper argues that substantive ethical rules serve a critical ethical function, even in those cases where we should deviate from those rules. Assuming that the rules are valid provides decision-makers with the context essential to reaching a well-justified decision. Recognizing this helps to reconcile two attractive but incompatible positions regarding the evaluation of healthcare ethics consultants. The first position is that ethical rules can validly be used to evaluate the quality of consultants’ advice, ensuring conformity to standards promoted by (...) |
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This paper responds to Kauffeld’s 2009 OSSA paper, considering the adequacy of his “commitment-based” approach to “ordinary presumptive practices” to sup-ply an account of presumption fit for general application in normative theories of argument. The central issue here is whether socially-grounded presumptions are defeasible in the right sorts of ways so as to pro-duce “truth-tropic” presumptive inferences. |
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This paper is an attempt to identify and provide the normative conditions for presumptions and for presumptive inferences. Basically, the idea is adopting the distinction between epistemic and ontological qualifiers proposed in Bermejo-Luque in order to explain the difference between something being a correct presumption and something being presumably the case. |
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I begin by reviewing classical semantics and the problems presented by normative conflicts. After a brief detour through default logic, I establish some connections between the treatment of conflicts in each of these two approaches, classical and default, and then move on to consider some further issues: priorities among norms, or reasons, conditional oughts, and reasons about reasons. |
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In this article I attempt to provide a conceptual framework for thinking about reliance in a systematic way. I argue that reliance is a cognitive attitude that has a tighter connection to the guidance of our thought and action than ordinary belief does. My main thesis is that reliance has a ‘constitutive aim’: namely, it aims at guiding our thought and action in a way that is sensible from the standpoint of practical or theoretical ends. This helps explain why reliance (...) |
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It furthers the dialectic when the opponent is clear about what motivates and underlies her critical stance, even if she does not adopt an opposite standpoint, but merely doubts the proponent’s opinion. Thus, there is some kind of burden of criticism. In some situations, there should an obligation for the opponent to offer explanatory counterconsiderations, if requested, whereas in others, there is no real dialectical obligation, but a mere responsibility for the opponent to cooperate by providing her motivations for being (...) |
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The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...) |
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Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous (...) |
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In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) |
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This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) |
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Are sagging pants cool? Are cows food? Are women more submissive than men? Are blacks more criminal than whites? Taking the social world at face value, many people would be tempted to answer these questions in the affirmative. And if challenged, they can point to facts that support their answers. But there is something wrong about the affirmative answers. In this chapter, I draw on recent ideas in the philosophy of language and metaphysics to show how the assertion of a (...) |
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Testimony is an indispensable source of information. Yet, contrary to ‘literalism’, speakers rarely mean just what they say; and even when they do, that itself is something the hearer needs to realize. So, understanding instances of testimony requires more than merely reading others' messages off of the words they utter. Further, a very familiar and theoretically well-entrenched approach to how we arrive at such understanding serves to emphasize, not merely how deeply committed we are to testimony as a reliable source (...) |
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According to many forms of Externalism now popular in the Philosophy of Mind, the contents of our thoughts depend in part upon our physical or social milieu.1 These forms of Externalism leave unchallenged the thesis that the ~non-factive! attitudes we bear towards these contents are independent of physical or social milieu. This paper challenges that thesis. It is argued here that publicly forwarding a content as a supposition for the sake of argument is, under conditions not themselves guaranteeing the existence (...) |
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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 (...) |
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One of HLA Hart's main contributions to jurisprudence is his theory of social rules. Hart said, essentially, that a social rule exists if the members of a society act in some way and have a certain attitude. Most legal philosophers think that Hart's account of this attitude is too general, however, and that his theory is overinclusive as a result. In this article, I draw on recent work in the philosophy of action to propose a more precise account of the (...) |
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Elga (2010) argues that no plausible decision rule governs action with imprecise credences. I follow Moss (2015a) in claiming that the solution to Elga’s challenge is found in the philosophy of mind, not in devising a special new decision rule. Moss suggests that in decision situations that involve imprecise credences, we must identify with a precise credence, but she says little about identification. By reflecting on the common conception of identification and on what is necessary for Moss’s solution to succeed, (...) |
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According to the pragmatic hypothesis testing theory, how much evidence we require before we believe something varies depending on the expected costs of falsely believing and disbelieving it. This theory has been used in the self-deception debate to explain our tendencies towards self-deceptive belief formation. This article argues that the application of this theory in the self-deception debate has overlooked the distinction between belief and acceptance, and that the theory in all likelihood models acceptance rather than belief, in which case (...) |
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Presuppositions are pragmatically considered as the conditions of the felicity of a speech act, or discourse move; however, the decision of setting the conditions of a move, which the hearer needs to accept in order to continue the dialogue, can be thought of as a speech act of a kind. The act of presupposing depends on specific conditions and in particular on the possibility of the hearer to reconstruct and accept the propositional content. These pragmatic conditions lead to epistemic considerations: (...) |
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Este artículo examina el rol del concepto de simplicidad cognitiva en la perspectiva de Leibniz sobre las presunciones. El tratamiento de Leibniz acerca de la conexión entre simplicidad y presunción puede aportar algo significativo a los enfoques contemporáneos sobre la plausibilidad de las presunciones. Esto se explica porque, a diferencia de los enfoques contemporáneos centrados en el lado pragmático de la simplicidad cognitiva, Leibniz ha procurado basarla en aquello que ocurre con mayor facilidad en la realidad. El filósofo se apoya (...) |
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Metaethical Mooreanism is the view that without being able to explain how we know certain moral claims we can nevertheless be sure that we do know them. In this paper I focus on the Moorean argument against moral error theory. I conclude that it fails. To show this failure, I first distinguish Moorean claims from Moorean arguments, and then so-called presumptive support from dialogical support. With these distinctions in place, I argue that the key Moorean claim requires dialogical support in (...) |
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Some argue against coercive preventive measures on the grounds that they amount to cloaked forms of punishment. Others offer a qualified defence of such measures on the grounds that such measures have substantively different goals and purposes from punishment. Focusing on the case of civil preventive injunctions, I clear the ground and provide reasons for a third logical possibility: that coercive preventive measures are relevantly similar to punishment, but this does not itself give us a reason to oppose them. ‘Punishment’ (...) |
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In their extensive overview of various concepts of presumption Godden and Walton recognise “the heterogeneous picture of presumptions that exists in argumentation theory today”. I argue that this heterogeneity results from an epiphenomenal character of the notion of presumption. To this end, I first distinguish between three main classes of presumptions. Framework presumptions define the basic conditions of linguistic understanding and meaningful conversation. The “presumption of veracity” is their paradigm case. I argue that such presumptions are satisfactorily covered by the (...) |
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I argue for the distinction between presuming that p and maintaining that presumably p. In order to make sense of this distinction, I defend a non-inferentialist conception of presumptions and offer an account of the correctness conditions for both presumptions and presumptive inferences. I characterize presumptions as a type of constative speech-act having certain semantic correctness conditions. In turn, regarding presumptive inferences, my strategy is to provide the correctness conditions for the use of an epistemic modal such as “presumably.” This (...) |
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Aristotle considers friendship the greatest external good, one integral to the attainment of happiness. However, while Aristotle limits distrust to what he calls imperfect forms of friendship, subsequent philosophers have stressed our uncertainty regarding the benevolence, beneficence and loyalty we may expect of friends. They do so in part because overcoming this uncertainty requires the exercise of the virtues of trust and loyalty if our friendships are to survive intact. For example, insofar as Aquinas holds that we cannot scrutinize the (...) |
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How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch. |
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In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) |
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Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous (...) |
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Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on the (...) |
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In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, (...) |
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Epistemology is the study of knowledge and justified belief. Belief is thus central to epistemology. It comes in a qualitative form, as when Sophia believes that Vienna is the capital of Austria, and a quantitative form, as when Sophia's degree of belief that Vienna is the capital of Austria is at least twice her degree of belief that tomorrow it will be sunny in Vienna. Formal epistemology, as opposed to mainstream epistemology (Hendricks 2006), is epistemology done in a formal way, (...) |
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The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are (...) |
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– We offer a new motivation for imprecise probabilities. We argue that there are propositions to which precise probability cannot be assigned, but to which imprecise probability can be assigned. In such cases the alternative to imprecise probability is not precise probability, but no probability at all. And an imprecise probability is substantially better than no probability at all. Our argument is based on the mathematical phenomenon of non-measurable sets. Non-measurable propositions cannot receive precise probabilities, but there is a natural (...) |
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Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the presumption of innocence, fail. |
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In the first part of this paper I consider the Gricean account of communication, as structured by the Cooperative Principle and the four maxims. Several authors, including Jean Goodwin [10], Fred Kauffeld [17], Michael Gilbert [7], Ernie Lepore and Mathew Stone [22], among others, argue that the Gricean view of communication fails in as much as it pretends to offer an account of all such human interactions. As Goodwin and Kauffeld suggest, a more promising starting point is to consider the (...) |
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On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...) |
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One of the most controversial aspects in uncontrolled donation of organs after circulatory death is the initiation of preservation measures before death. I argue that in so-called opting-out systems only under very stringent conditions we might presume consent to the instauration of those measures. Given its current legal framework, I claim that this is not the case of Spain, a well-known country in which consent is presumed—albeit only formally—and where uDCD is currently practiced. |
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Given a descriptive word, what is the nature of the relation between it and the features of the object to which it is supposed to apply? What is it that entitles one to assert ‘this is a horse’?A traditional answer has been in terms of ‘Merkmal’: a collection of features, or properties, severally necessary and Jointly sufficient for the application of the word in question. This relation - call it the Merkmal relation - between word and features is common to (...) |
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ABSTRACT: What explains first-person authority? What explains the presumption that an utterance is true when it is a sincere intelligible determinate first-person singular simple present-tense ascription of intentional state? According to Rockney Jacobsen, self-ascriptions each enjoy a presumption of truth because they are systematically reliable. They are systematically reliable because they are typically both truth-assessable and expressive. Such self-ascriptions, if sincere, are certain to be true. This article presents a defence and a critique of Jacobsen's theory. It is argued that (...) |
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Presumption is often discussed in law, less often in epistemology. Is it an attitude? If so where can we locate it within the taxonomy of epistemic attitudes? Is it a kind of belief, a judgment, an assumption or a supposition? Or is it a species of inference? There are two basic models of presumption: judgmental, as a kind of judgment, and legal, taken from the use of presumptions in law. The legal model suggests that presumption is a practical inference, whereas (...) |
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