In all three of its manifestations, —abusive, circumstantial and tu quoque—the role of the ad hominem is to raise a doubt about the opposite party’s casemaking bona-fides.Provided that it is both presumptive and provisional, drawing such a conclusion is not a logical mistake, hence not a fallacy on the traditional conception of it. More remarkable is the role of the ad hominem retort in seeking the reassurance of one’s opponent when, on the face of it, reassurance is precisely what he (...) would seem to be ill-placed to give. Brief concluding remarks are given over to an examination of rival approaches to the ad hominem, especially those in which it is conceived of as a dialectical error. (shrink)

Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSA-instances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that (...) clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts. (shrink)

Consider the proposition, "Informal logic is a subdiscipline of philosophy". The best chance of showing this to be true is showing that informal logic is part of logic, which in turn is a part of philosophy. Part 1 is given over to the task of sorting out these connections. If successful, informal logic can indeed be seen as part of philosophy; but there is no question of an exclusive relationship. Part 2 is a critical appraisal of the suggestion that informal (...) logic is applied epistemology. Part 3 examines the claim that informal logic has failed to penetrate into mainstream philosophy, and suggestions for amelioration are considered. (shrink)

This paper discusses a novel kind of argument for assessing the moral significance of acts of lying and misleading. It is based on considerations about valuable social norms that might be eroded by these actions, because these actions function as signals. Given that social norms can play an important role in supporting morality, individuals have a responsibility to preserve such norms and to prevent ‘cultural slopes’ that erode them. Depending on whether there are norms against lying, misleading, or both, and (...) how likely it is that they might be eroded, these actions can thus have different moral significance. In cases in which the rule ‘do not lie’, as a relatively simple rule, functions as a ‘focal point’, acts of misleading are often morally preferable. In other words, in such cases the possibility of ‘cultural slopes’ can ground a context-dependent slippery slope argument for a moral difference between lying and misleading. (shrink)