How do laws resemble rules of games, moral rules, personal rules, rules found in religious teachings, school rules, and so on? Are laws rules at all? Are they all made by human beings? And if so how should we go about interpreting them? How are they organized into systems, and what does it mean for these systems to have 'constitutions'? Should everyone want to live under a system of law? Is there a special kind of 'legal justice'? Does it consist (...) simply in applying the law of the system? And how does it relate to the ideal of 'the rule of law'?These and other classic questions in the philosophy of law form the subject-matter of Law as a Leap of Faith. In this book John Gardner collects, revisits, and supplements fifteen years of celebrated writings on general questions about law and legal systems - writings in which he attempts, without loss of philosophical finesse or insight, to cut through some of the technicalities with which the subject has become encrusted in the late twentieth century. Taking his agenda broadly from H.L.A. Hart's The Concept of Law, Gardner shows how the key ideas in that work live on, and how they have been and can still be improved in modest ways to meet important criticisms - in some cases by concession, in some cases by circumvention, and in some cases by restatement. In the process Gardner engages with key ideas of other modern giants of the subject including Kelsen, Holmes, Raz, and Dworkin. Most importantly he presents the main elements of his own unique and refreshingly direct way of thinking about law, brought together in one place for the first time. (shrink)

Mr. Wellman’s highly original contribution to the relatively new field of justification in ethics consists of characterizing the different ways in which ethical statements can be challenged and showing how each sort of challenge can be met by an appropriate response, enabling reasonable men to appropriately discuss or reflect on ethical issues. In developing his unique, systematic, methodology of ethics, Mr. Wellman has, first, rigorously reviewed and refuted the main arguments for the view of the nature of all reasoning as (...) deductive and, second, convincingly presented arguments for the existence of nondeductive evidences in ethics. Mr. Wellman’s broad definition of reasoning and his rejection of the identification of justification with reasoning reveals new dimensions of justification which will have wide implications in other areas of human speculation. (shrink)

Argumentation schemes are forms of reasoning that are fallible but correctable within a self-correcting framework. Their use provides a basis for taking rational action or for reasonably accepting a conclusion as a tentative hypothesis, but they are not deductively valid. We argue that teleological reasoning can provide the basis for justifying the use of argument schemes both in monological and dialogical reasoning. We consider how such a teleological justification, besides being inspired by the aim of directing a bounded cognizer to (...) true belief and correct choices, needs to take into account the attitudes of dialogue partners as well as normative models of dialogue and communicative activity types, in particular social and cultural settings. (shrink)

Analogies come in several forms that serve distinct functions. Inductive analogy is a common type of analogical argument, but critical thinking texts sometimes treat all analogies as inductive. Such an analysis ignores figurative analogies, which may elucidate but do not argue; and also neglects a priori arguments by analogy, a type of analogical argument prominent in law and ethics. A priori arguments by analogy are distinctive, but--contrary to the claims of Govier and Sunstein-they are best understood as deductive, rather than (...) a special form of non deductive reasoning. (shrink)

Enthymemes are traditionally defined as arguments in which some elements are left unstated. It is an empirical fact that enthymemes are both enormously frequent and appropriately understood in everyday argumentation. Why is it so? We outline an answer that dispenses with the so called "principle of charity", which is the standard notion underlying most works on enthymemes. In contrast, we suggest that a different force drives enthymematic argumentation—namely, parsimony, i.e. the tendency to optimize resource consumption, in light of the agent's (...) goals. On this view, the frequent use of enthymemes does not indicate sub-optimal performance of arguers, requiring appeals to charity for their redemption. On the contrary, it is seen as a highly adaptive argumentation strategy, given the need of everyday reasoners to optimize their cognitive resources. Considerations of parsimony also affect enthymeme reconstruction, i.e. the process by which the interpreter makes sense of the speaker's enthymemes. Far from being driven by any pro-social cooperative instinct, interpretative efforts are aimed at extracting valuable information at reasonable costs from available sources. Thus, there is a tension between parsimony and charity, insofar as the former is a non-social constraint for self-regulation of one's behaviour, whereas the latter implies a pro-social attitude. We will argue that some versions of charity are untenable for enthymeme interpretation, while others are compatible with the view defended here, but still require parsimony to expose the ultimate reasons upon which a presumption of fair treatment in enthymeme reconstruction is founded. (shrink)

‘Particularism’ and ‘generalism’ refer to families of positions in the philosophy of moral reasoning, with the former playing down the importance of principles, rules or standards, and the latter stressing their importance. Part of the debate has taken an empirical turn, and this turn has implications for AI research and the philosophy of cognitive modeling. In this paper, Jonathan Dancy’s approach to particularism (arguably one of the best known and most radical approaches) is questioned both on logical and empirical grounds. (...) Doubts are raised over whether Dancy’s brand of particularism can adequately explain the graded nature of similarity assessments in analogical arguments. Also, simple recurrent neural network models of moral case classification are presented and discussed. This is done to raise concerns about Dancy’s suggestion that neural networks can help us to understand how we could classify situations in a way that is compatible with his particularism. Throughout, the idea of a surveyable standard—one with restricted length and complexity—plays a key role. Analogical arguments are taken to involve multidimensional similarity assessments, and surveyable contributory standards are taken to be attempts to articulate the dimensions of similarity that may exist between cases. This work will be of relevance both to those who have interests in computationally modeling human moral cognition and to those who are interested in how such models may or may not improve our philosophical understanding of such cognition. (shrink)

Bruce Waller has defended a deductive reconstruction of the kinds of analogical arguments found in ethics, law, and metaphysics. This paper demonstrates the limits of such a reconstruction and argues for an alternative. non-deductive reconstruction. It will be shown that some analogical arguments do not fit Waller's deductive schema, and that such a schema does not allow for an adequate account of the strengths and weaknesses of an analogical argument. The similarities and differences between the account defended herein and the (...) Trudy Govier's account are discussed as well. (shrink)

Bruce Waller has defended a deductive reconstruction of the kinds of analogical arguments found in ethics, law, and metaphysics. This paper demonstrates the limits of such a reconstruction and argues for an alternative. non-deductive reconstruction. It will be shown that some analogical arguments do not fit Waller's deductive schema, and that such a schema does not allow for an adequate account of the strengths and weaknesses of an analogical argument. The similarities and differences between the account defended herein and the (...) Trudy Govier's account are discussed as well. (shrink)

This paper responds to two aspects of Ralph Johnson's Manifest Rationality (2000). The first is his critique of deductivism. The second is his failure to make room for some species of argument (e.g., visual and kisceral arguments) proposed by recent commentators. In the first case, Johnson holds that argumentation theorists have adopted a notion of argument which is too narrow. In the second, that they have adopted one which is too broad. I discuss the case Johnson makes for both claims, (...) and possible objections to his analysis. (shrink)

The present paper elaborates a deductivist account of natural language argu-ment in the context of pragma-dialectics. It reviews earlier debates, criticizes some standard misconceptions in the literature, and argues that the identification and analysis of deductive argument schemes can be the basis of a compelling theory of argumentative discourse.

A popular three-stage argument appraisal strategy calls for (1) identifying the parts of the argument, (2) classifYing the argument as deductive, inductive, or some other type, and (3) appraising the argument using the standards appropriate for the type. This strategy fails for a number of reasons. I propose a comprehensive alternative approach that distinguishes between inductive, deductive, and other standards; calls for the successive application of standards combined with assumption-ascription, according to policies that depend for their selection on the goals (...) of the appraiser; and provides for qualified reasoning. (shrink)

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify the schemes, outlined (...) in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

Mr. Wellman’s highly original contribution to the relatively new field of justification in ethics consists of characterizing the different ways in which ethical statements can be challenged and showing how each sort of challenge can be met by an appropriate response, enabling reasonable men to appropriately discuss or reflect on ethical issues. In developing his unique, systematic, methodology of ethics, Mr. Wellman has, first, rigorously reviewed and refuted the main arguments for the view of the nature of all reasoning as (...) deductive and, second, convincingly presented arguments for the existence of nondeductive evidences in ethics. Mr. Wellman’s broad definition of reasoning and his rejection of the identification of justification with reasoning reveals new dimensions of justification which will have wide implications in other areas of human speculation. (shrink)

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal (...) certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)