As critic, Kenneth Burke's preoccupations were at the beginning purely esthetic and literary; but afterCounter-Statement(1931), he began to discriminate a ...

This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...

Tthis book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field.

Aquinas needs no introduction as one of the greatest minds of the middle ages. Highly influential on the development of Christian doctrine, his ideas are still of fundamental philosophical importance. This new critique of his natural law theory discusses the theory's background in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

Research on whistle-blowing has been hampered by a lack of a sound theoretical base. In this paper, we draw upon existing theories of motivation and power relationships to propose a model of the whistle-blowing process. This model focuses on decisions made by organization members who believe they have evidence of organizational wrongdoing, and the reactions of organization authorities. Based on a review of the sparse empirical literature, we suggest variables that may affect both the members' decisions and the organization's responses.

The purpose of this article is to examine three different approaches to autonomy in order to demonstrate how each leads to a different conclusion about the ethicality of advertising. I contend that Noggle''s (1995) belief-based autonomy theory provides the most complete understanding of autonomy. Read in conjunction with Arendt''s theory of cooperative power, Noggle''s theory leads to the conclusion that advertising does not violate consumers'' autonomy. Although it is possible for advertisers to abuse the power granted them by society these (...) abuses do not constitute a violation of consumers'' autonomy. (shrink)

It is argued that persuasive advertising overrides the autonomy of consumers, in that it manipulates them without their knowledge and for no good reason. Such advertising causes desires in such a way that a necessary condition of autonomy — the possibility of decision — is removed. Four notions central to autonomous action are discussed — autonomous desire, rational desire and choice, free choice, and control or manipulation — following the strategy of Robert Arrington in a recent paper in this journal. (...) Replies are made to Arrington's arguments in favour of advertising. It is also claimed that the argument developed by Philip Nelson, which concludes that even if persuasive advertising does override autonomy, it is still in the interests of consumers to be subjected to it, is seriously mistaken. Finally, some caveats concerning informative advertising are presented. (shrink)

Advertisers often have been accused of using techniques which manipulate and control the behavior of consumers and hence violate their autonomy. Some of these techniques are puffery, subliminal advertising, and indirect information transfer. After examining both criticisms and defenses of such practices, this paper presents an analysis of four of the concepts involved in the debate — the concepts of autonomous desire, rational desire, free choice, and control. Applying the results to the case of advertising, it is shown that advertising (...) cannot be found guilty of intrinsically or frequently violating the consumer's autonomy in any of the relevant senses of this notion. (shrink)

The New Rhetoric is founded on the idea that since “argumentation aims at securing the adherence of those to whom it is addressed, it is, in its entirety, relative to the audience to be influenced,” says Chaïm Perelman and L. Olbrechts-Tyteca, and they rely, in particular, for their theory of argumentation on the twin concepts of universal and particular audiences: while every argument is directed to a specific individual or group, the orator decides what information and what approaches will achieve (...) the greatest adherence according to an ideal audience. This ideal, Perelman explains, can be embodied, for example, "in God, in all reasonable and competent men, in the man deliberating or in an elite.” Like particular audiences, then, the universal audience is never fixed or absolute but depends on the orator, the content and goals of the argument, and the particular audience to whom the argument is addressed. These considerations determine what information constitutes "facts" and "reasonableness" and thus help to determine the universal audience that, in turn, shapes the orator's approach. /// The adherence of an audience is also determined by the orator's use of values, a further key concept of the New Rhetoric. Perelman's treatment of value and his view of epideictic rhetoric sets his approach apart from that of the ancients and of Aristotle in particular. Aristotle's division of rhetoric into three genres–forensic, deliberative, and epideictic–is largely motivated by the judgments required for each: forensic or legal arguments require verdicts on past action, deliberative or political rhetoric seeks judgment on future action, and epideictic or ceremonial rhetoric concerns values associated with praise or blame and seeks no specific decisions. For Aristotle, the epideictic genre was of limited importance in the civic realm since it did not concern facts or policies. Perelman, in contrast, believes not only that epideictic rhetoric warrants more attention, but that the values normally limited to that genre are in fact central to all argumentation. "Epideictic oratory," Perelman argues, "has significant and important argumentation for strengthening the disposition toward action by increasing adherence to the values it lauds.” These values are central to the persuasiveness of arguments in all rhetorical genres since the orator always attempts to "establish a sense of communion centered around particular values recognized by the audience.”. (shrink)

The Philosophy of Rhetoric is widely regarded as the most important work of a theory of rhetoric produced in the 18th century. Campbell's work engages such themes in an attempt to formulate a universal theory of human communication. Campbell attempts to develop his theory by discovering deep principles in human nature that account for all instances and kinds of human communication. He seeks to derive all communication principles and processes empirically. In addition, all statements in discourse that have to do (...) with matters of fact and human affairs are likewise to be empirically derived. Thus, his theory of rhetoric is vastly wider than, and different from, such classical theories as those proposed by Aristotle, Cicero, and Quintilian, whose theories focused on discourse related to civic affairs. By attempting to elaborate a general theory of rhetoric through empirical procedures, Campbell's project reveals the limitations of his method. He cannot ground all statements empirically and it is at this point that his theological position comes into play. Inspection of his religious views shows that God's design of human nature, and God's revelations to humankind, make moral and spiritual truths known and quite secure to human beings, although not empirically. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:What Do You Mean, Rhetoric Is Epistemic?William D. HarpineIn 1967, Robert L. Scott (1967) advocated that "rhetoric is epistemic." This concept has enriched the work of rhetorical theorists and critics. Scott's essay is founded in a concept of argumentative justification in rhetoric, viewed as an alternative to analytic logic. Other writers, including Brummett (1976), Railsback (1983), and Cherwitz and Hikins (1986), have offered variations on Scott's theme. The thesis (...) that rhetoric is epistemic has been controversial, however, and from the tone of the debate one may draw two conclusions: many rhetorical theorists feel that Scott was on to something important, and the thesis as it has been developed is flawed. Much of the dispute centers on what the thesis means. These discussions have not yet adequately clarified that issue.The philosopher's most fundamental obligation is to define terms with care. It is in precisely this respect that the rhetoric-is-epistemic theorists have fallen short. Some of the key terms in this literature include rhetoric, knowledge, certainty, and truth. In too many cases, the writers on rhetorical epistemology have not defined their key terms at all. In other cases, their definitions are inadequate or inconsistent. This essay undertakes to sort out the most important definitional problems, which center on the rhetoric-is-epistemic theorists' habit of equivocating about the meanings of "rhetoric" and "certainty." The result makes it possible to endorse the validity of Scott's essentially ethical conclusions, while dismissing a number of unnecessary complexities in the arguments made by rhetoric-as-epistemic theorists. Finally, a few alternatives that might lead to more robust foundations for the rhetoric-as-epistemic thesis are suggested.In 1978, after reviewing four distinct interpretations of the claim that rhetoric is epistemic, Leff concluded that clarification of what that claim means "deserves more disciplined treatment than it has received in the recent literature" (1978, 77). The same could still be said. After some [End Page 335] thirty years of active research and speculation on the topic, one now sees fewer publications specifically advocating that rhetoric is epistemic. The distinguished rhetorical theorist Barry Brummett (1990) has declared the thesis deceased (69-72).All the same, textbook authors treat the thesis as a given, despite their tendency to interpret it in wildly different ways. Foss, for example, puts forward a view that "in the field of communication, the idea that rhetoric creates reality is known as the notion that rhetoric is epistemic, which simply means that rhetoric creates knowledge; epistemology is the study of the origin and nature of knowledge" (1989, 122; emphasis in the original). This version of the thesis, claiming that rhetoric actually "creates reality," might be more ontological than it is epistemic.1 Herrick takes a dialectical view that "through rhetorical interaction, people come to accept some ideas as true and to reject others as false. Thus, rhetoric's epistemic function in society can be seen in some ways to be a result of its benefit of testing ideas." Herrick continues that "once an idea has been tested thoroughly by a group, community, and society, it becomes part of what these groups take to be knowledge." Herrick contrasts this with the rejected view that "knowledge is all objective in nature and comes to us by way of direct experience or education" (1997, 22). Both Herrick and Foss offer interesting theses, and both attribute their views to Scott, but their views are obviously very different. There can be no surer evidence of the failure to use terms precisely.Brummett (1990) attributes the demise of rhetoric-is-epistemic research to the failure of critics to employ the idea in rhetorical criticism. Brummett might be right to the extent that much of the rhetoric-is-epistemic literature is indeed exceptionally abstract. Specific discussions might clarify some issues. Nonetheless, some notable rhetorical critics have indeed employed a concept that rhetoric is epistemic (e.g., Scott and Klumpp 1984; Sullivan 1992). The issues remain unclear. Furthermore, rhetorical criticism per se cannot clarify the meanings of theoretical terms. More likely, one sees less and less published research about the thesis that rhetoric is epistemic precisely because the thesis has not been laid out clearly... (shrink)

Presenting with moving insight the relations between man, as a person and as an individual, and the society of which he is a part, Maritain's treatment of a lasting topic speaks to this generation as well as those to come. Maritain employs the personalism rooted in Aquinas's doctrine to distinguish between social philosophy centered in the dignity of the human person and that centered in the primacy of the individual and the private good.

To advance the philosophical debate of advertising's role in society, in this article I situate the natural tendencies of individuals that manifest themselves in economic relationships within the broader context of natural-law theory. I propose that a natural tendency to exchange goods underscores the classical liberal economic model. As a result, individuals have a natural inclination toward the use of persuasive rhetoric. In addition, as animale symbolicum, individuals have a natural tendency toward symbol use and creation, which in turn affects (...) the production and consumption of persuasive discourse. In light of these particular natural inclinations, I suggest that natural law can justify the institution of advertising. (shrink)

The Nuremberg Trials of leading National Socialists established the principle that individuals may be legally punished, even by death, for obeying the laws of their country. Is there then a higher law by which enacted valid positive laws may be judged, so that persons subject to such laws would be duty-bound to defy them? In recent years the theory of natural law has been revived by a number of philosophers and jurists, who however often disagree sharply among themselves about the (...) proper methods for defining and deriving natural law. Howard Kainz surveys the history of natural law from its foreshadowing in ancient Greece down to the most recent controversies. Natural Law both introduces the subject to newcomers and sheds fresh light on such figures as Plato, Aristotle, Hume, Kant, Veatch, McInerny, Grisez, and Finnis. (shrink)

What is the role of rhetoric in a civil society? In this thought-provoking book, James L. Kastely examines works by writers from Plato to Jane Austen and locates a line of thinking that values rhetoric but also raises questions about the viability of rhetorical practice. While dealing principally with literary theory, rhetoric, and philosophy, the author's arguments extend to practical concerns and open up the way to deeper thinking about individual responsibility for existing injustices, for inadvertently injuring others, and for (...) silencing those without power. (shrink)