Legal analysis is dominated by legal arguments, and the assessment of any legal claim requires the assessment of the strengths and weaknesses of those arguments. The ‘logocratic’ method is a systematic method for assessing the strengths and weaknesses of arguments. More specifically, it is a method designed to help the analyst determine what degree of warrant the premises of an argument provide for its conclusion. Although the method is applicable to any type of argument, this essay focuses on the logocratic (...) framework for assessing the strengths and weaknesses of evidentiary legal arguments, arguments offered in litigation in which evidentiary propositions are proffered to support hypotheses. The focus is on American law, but the logocratic analysis offered here could be adjusted without much trouble to handle arguments about evidence in other systems of litigation. In any legal system that aspires to have a fact-finding process that is sufficiently reliable to meet the requirements of justice, we might fashion an analogue for the Socratic maxim ‘the unexamined life is not worth living’: the unexamined evidentiary argument is not worth believing. The logocratic method seeks to help the evidence analyst pursue that Socratic mission, tailored to the rules and institutions of evidence law. (shrink)

Ambiguity, vagueness and metaphor are pervasive features of language, deserving of systematic study in their own right. Yet they have frequently been considered mere deviations from ideal language or obstacles to be avoided in the construction of scientific systems. First published in 1979, Beyond the Letter offers a consecutive study of these features from a philosphical point of view, providing analyses of each and treating their relations to one another. Addressed to the fundamental task of logical and semantic explanation, the (...) book employs an inscriptional methodology in the attempt to avoid prevalent forms of question-begging, and, further, in the conviction that sparseness of assumption often reveals points of theoretical interest irrespective of methodolgical preference. The author distinguishes and analyses several varieties of ambiguity, developing new semantic notions in the process; recasts the philosophical treatment of vagueness in the light of recent criticisms of analyticity; discusses the bearing of vagueness on logic; and provides a systematic critique of major recent interpretations of metaphor, developing a revised version of contextualism. (shrink)

Repeatedly and successfully, the celebrated Harvard philosopher Robert Nozick has reached out to a broad audience beyond the confines of his discipline, addressing ethical and social problems that matter to every thoughtful person. Here Nozick continues his search for the connections between philosophy and "ordinary" experience. In the lively and accessible style that his readers have come to expect, he offers a bold theory of rationality, the one characteristic deemed to fix humanity's "specialness." What are principles for? asks Nozick. We (...) could act simply on whim, or maximize our self-interest and recommend that others do the same. As Nozick explores rationality of decision and rationality of belief, he shows how principles actually function in our day-to-day thinking and in our efforts to live peacefully and productively with each other. Throughout, the book combines daring speculations with detailed investigations to portray the nature and status of rationality and the essential role that imagination plays in this singular human aptitude. (shrink)

Laudan constructs a fresh approach to a longtime problem for the philosopher of science: how to explain the simultaneous and widespread presence of both agreement and disagreement in science. Laudan critiques the logical empiricists and the post-positivists as he stresses the need for centrality and values and the interdependence of values, methods, and facts as prerequisites to solving the problems of consensus and dissent in science.

The distinction between a type and its tokens is auseful metaphysical distinction. In §1 it is explained what itis, and what it is not. Its importance and wide applicability inlinguistics, philosophy, science and everyday life are brieflysurveyed in §2. Whether types are universals is discussed in§3. §4 discusses some other suggestions for what types are,both generally and specifically. Is a type the sets of its tokens?What exactly is a word, a symphony, a species? §5 asks what atoken is. §6 considers (...) the relation between types and theirtokens. Do the type and all its tokens share the same properties? Mustall the tokens be alike in some or all respects? §7 explains someproblems for the view that types exist, and some problems for the viewthat they don’t. §8 elucidates a distinction often confused withthe type-token distinction, that between a type and anoccurrence of it. It also discusses some problems thatoccurrences might be thought to give rise to, and one way to resolvethem. (shrink)