The book also comes with an exhaustive array of study aids that enable the reader to monitor and enhance the learning process.

Most of us believe that we are entitled to treat members of other species in ways which would be considered wrong if inflicted on members of our own species. We kill them for food, keep them confined, use them in painful experiments. The moral philosopher has to ask what relevant difference justifies this difference in treatment. A look at this question will lead us to re-examine the distinctions which we have assumed make a moral difference.

This collection contains studies on justice, juridical reasoning and argumenta tion which contributed to my ideas on the new rhetoric. My reflections on justice, from 1944 to the present day, have given rise to various studies. The ftrst of these was published in English as The Idea of Justice and the Problem of Argument. The others, of which several are out of print or have never previously been published, are reunited in the present volume. As justice is, for me, the (...) prime example of a "confused notion", of a notion which, like many philosophical concepts, cannot be reduced to clarity without being distorted, one cannot treat it without recourse to the methods of reasoning analyzed by the new rhetoric. In actuality, these methods have long been put into practice by jurists. Legal reasoning is fertile ground for the study of argumentation: it is to the new rhetoric what mathematics is to formal logic and to the theory of demonstrative proof. It is important, then, that philosophers should not limit their methodologi cal studies to mathematics and the natural sciences. They must not neglect law in the search for practical reason. I hope that these essays lead to be a better understanding of how law can enrich philosophical thought. CH. P. (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)

This paper presents an analysis of the concept of burden of proof in argument. Relationship of burden of proof to three traditional informal fallacies is considered: (i) argumentum ad hominem, (ii) petitio principii, and (iii) argumentum ad ignorantiam. Other topics discussed include persuasive dialoque, pragmatic reasoning, legal burden of proof, plausible reasoning in regulated disputes, rules of dialogue, and the value of reasoned dialogue.

I. Three Basic rights. This book is about the moral minimum--about the lower limits on tolerable human conduct, individual and institutional.

This book discusses problems of conceptual analysis as well as normative issues of vital contemporary concern.

The author compares two theoretical models which develop constructs of an ideal audience. Chaim Perelman's universal audience serves a methodological function within the New Rhetoric which provides for the examination of philosophical arguments on values. Implicit within the work of Isocrates is a competing image which asserts that the ideal audience is empowered by the conditions of argument to engage the advocate in discursive praxis to construct and embody a consensus on contingency-driven value debates. The author concludes that the concept (...) of an ideal audience will be most valuable where interest in adherence to theses is less central than attendance to relationships born in and borne by discourse. Such a view has purchase within a constitutive view of rhetorical relations which asserts that the most useful role for argument is as an invitation to engagement. The situation of argumentation within a deontological ethics requires the partnership and participation of individuals in a mutually constructed discursive praxis. (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)

Charles Beitz rejects two highly influential conceptions of international theory as empirically inaccurate and theoretically misleading. In one, international relations is a Hobbesian state of nature in which moral judgments are entirely inappropriate, and in the other, states are analogous to persons in domestic society in having rights of autonomy that insulate them from external moral assessment and political interference. Beitz postulates that a theory of international politics should include a revised principle of state autonomy based on the justice of (...) a state's domestic institutions, and a principle of international distributive justice to establish a fair division of resources and wealth among persons situated in diverse national societies. (shrink)

This book offers a new theory of begging the question as an informal fallacy, within a pragmatic framework of reasoned dialogue as a normative theory of critical argumentation. The fallacy of begging the question is analyzed as a systematic tactic to evade fulfillment of a legitimate burden of proof by the proponent of an argument. The technique uses a circular structure of argument to block the further progress of dialogue and, in particular, the capability of the respondent to ask legitimate (...) critical questions in reply to the argument. Walton analyzes the concept of burden of proof in argument, and provides chapters on the use of argument diagramming as a technique of argument reconstruction. This powerful method of argument analysis developed therein is then applied to more than 100 case studies of circular argumentation where the charge of begging the question is or has been thought to be an appropriate criticism. Throughout this work, Walton throws light on the relationship between the problem of circular reasoning and broader issues in the critical analysis of argumentation. Ground-breaking use is made of the pragmatic theory of argument as interactive dialogue. Rules for several kinds of dialogue framework provide standards of good reasoning to validate or to refute the criticism that a particular argument begs the question. This book is directed to students and professionals in the fields of speech communication, philosophy, linguistics, logic, dispute mediation, and education. (shrink)

In recent years a number of oppressed groups have campaigned vigorously for equality. The classic instance is the Black Liberation movement, which demands an end to the prejudice and discrimination that has made blacks second-class citizens. The immediate appeal of the black liberation movement and its initial, if limited, success made it a model for other oppressed groups to follow. We became familiar with liberation movements for Spanish-Americans, gay people, and a variety of other minorities. When a majority group—women—began their (...) campaign, some thought we had come to the end of the road. Discrimination on the basis of sex, it has been said, is the last universally accepted form of discrimination, practiced without secrecy or pretense even in those liberal circles that have long prided themselves on their freedom from prejudice against racial minorities. (shrink)