This project tackles the problem of analyzing a specific form of reasoning called ‘sunk costs’ in economics and ‘argument from waste’ in argumentation theory. The project is to build a normative structure representing the form of the argument, and then to apply this normative structure to actual cases in which the sunk costs argument has been used. The method is partly structural and partly empirical. The empirical part is carried out through the analysis of case studies of the sunk costs (...) argument found in business decision-making, as well as other areas like medical decision-making and everyday conversational argumentation. The structural part is carried out by using existing methods and techniques from argumentation theory, like argumentation schemes. The project has three especially significant findings. First, the sunk costs argument is not always fallacious, and in many cases it can be seen to be a rational precommitment strategy. Second, a formal model of argumentation, called practical reasoning, can be constructed that helps a rational critic to judge which sunk costs arguments are fallacious and which are not. Third, this formal model represents an alternative model of rationality to the cost-benefit model based on Bayesian calculation of probabilities. This alternative model is called the argumentation model, and it is based on interpersonal reasoning in dialogue as the model of rational thinking. This model in turn is based on the underlying notion of commitment in dialogue. (shrink)

The purpose of this paper is to analyse the limits of constitutional reform. Some constitutions, for example, the German (art. 79, sec. 3), the Italian (art. 139), the Portuguese (art. 288), the French (art. 89, sec. 5), and the Brazilian (art. 60, sec. 4), contain an “essential core” of rights, which is usually understood as being immune to change. The initial focus in the paper is on the discussion on whether and to what extent these “essential cores” are indeed immune (...) to change. A second focus is on Ross's paradox. Here I analyse and reject Ross's own solution to the paradox and I show, too, that the paradox admits no solution that does not imply a discontinuity in the legal system. (shrink)

The purpose of this paper is to analyse the limits of constitutional reform. Some constitutions, for example, the German (art. 79, sec. 3), the Italian (art. 139), the Portuguese (art. 288), the French (art. 89, sec. 5), and the Brazilian (art. 60, sec. 4), contain an “essential core” of rights, which is usually understood as being immune to change. The initial focus in the paper is on the discussion on whether and to what extent these “essential cores” are indeed immune (...) to change. A second focus is on Ross's paradox. Here I analyse and reject Ross's own solution to the paradox and I show, too, that the paradox admits no solution that does not imply a discontinuity in the legal system. (shrink)

Sheldon S. Wolin's theory of fugitive democracy has been both lauded and criticized for its radical departure from the mainstays of democratic theory: formal institutions, political offices and constitutional arrangements of power. For Wolin, democracy is correctly understood as an ephemeral event that appears unexpectedly when ordinary citizens, united by a shared grievance, collectively interrupt normal political proceedings and reject constitutionalism. This article critically analyzes Wolin's theory in light of a historical phenomenon in which citizens collectively interrupted politics: frontier vigilantism (...) in the American West from 1850 to 1900. Critical of Wolin's wholesale rejection of constitutionalism, the article reveals the potentially legalistic patterns of extra-legal collective action, and it argues for de-fetishizing democratic practice that occurs outside of institutional channels. (shrink)