Results for 'Presumptions'

239 found
Order:
  1. The Presumptions of Meaning. Hamblin and Equivocation.Fabrizio Macagno - 2011 - Informal Logic 31 (4):367-393.
    When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of (...)
    Download  
     
    Export citation  
     
    Bookmark   16 citations  
  2. The Presumption of Realism.Nils Franzén - 2024 - Philosophical Studies 181 (5).
    Within contemporary metaethics, it is widely held that there is a “presumption of realism” in moral thought and discourse. Anti-realist views, like error theory and expressivism, may have certain theoretical considerations speaking in their favor, but our pretheoretical stance with respect to morality clearly favors objectivist metaethical views. This article argues against this widely held view. It does so by drawing from recent discussions about so-called “subjective attitude verbs” in linguistics and philosophy of language. Unlike pretheoretically objective predicates (e.g., “is (...)
    Download  
     
    Export citation  
     
    Bookmark  
  3. Presumptive Reasoning in Interpretation. Implicatures and Conflicts of Presumptions.Fabrizio Macagno - 2012 - Argumentation 26 (2):233-265.
    This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect (...)
    Download  
     
    Export citation  
     
    Bookmark   19 citations  
  4. Presumptions, Assumptions, and Presuppositions of Ordinary Arguments.Gilbert Plumer - 2017 - Argumentation 31 (3):469-484.
    Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  5. (2 other versions)The Presumption of Equality.Cynthia Stark - 2018 - Law. Ethics and Philosophy 6:7-27.
    Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general philosophical (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  6. Understanding misunderstandings. Presuppositions and presumptions in doctor-patient chronic care consultations.Fabrizio Macagno & Sarah Bigi - 2017 - Intercultural Pragmatics 1 (14):49–75.
    Pragmatic presupposition is analyzed in this paper as grounded on an implicit reasoning process based on a set of presumptions, which can define cultural differences. The basic condition for making a presupposition can be represented as a reasoning criterion, namely reasonableness. Presuppositions, on this view, need to be reasonable, namely as the conclusion of an underlying presumptive reasoning that does not or may not contain contradictions with other presumptions, including the ordering of the hierarchy of presumptions. (...) are in turn analyzed considering their nature and their hierarchy, namely their object and their possible contextual backing, which eliminates some of their possible defaults. This analysis of presupposition brings to light the relationship between communicative infelicities or misunderstandings deriving from presuppositional failures and the underlying system of presumptions and presumptive reasoning. This approach can be applied to the investigation of communicative problems within the medical context, and more precisely the communication in diabetes cases. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  7. A Presumptive Right to Exclude: From Imposed Obligations To A Viable Threshold.Benedikt Buechel - 2017 - Global Politics Review 3 (1):98-108.
    In “Immigration, Jurisdiction and Exclusion”, Michael Blake develops a new line of argument to defend a state’s presumptive right to exclude would-be immigrants. His account grounds this right on the state as a legal community that must protect and fulfill human rights. Although Blake’s present argument is valid and attractive in being less arbitrary than national membership and in distinguishing different types of immigrants’ claims, I dismiss it for being unsound due to a lack of further elaboration. The reason for (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  8. Implicatures and hierarchies of presumptions.Fabrizio Macagno - 2011 - In Frank Zenker (ed.), Argument Cultures: Proceedings of the 8th International Conference of the Ontario Society for the Study of Argumentation (OSSA) (University of Windsor, ON 18-21 May 2011). OSSA. pp. 1-17.
    Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  9. A theory of presumption for everyday argumentation.David M. Godden & Douglas N. Walton - 2007 - Pragmatics and Cognition 15 (2):313-346.
    The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has (...)
    Download  
     
    Export citation  
     
    Bookmark   32 citations  
  10. Pragmatic Maxims and Presumptions in Legal Interpretation.Fabrizio Macagno, Douglas Walton & Giovanni Sartor - 2018 - Law and Philosophy 37 (1):69-115.
    The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as (...) subject to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  11. Presumptive Limitarianism: A Reply to Robert Huseby.Dick Timmer - 2023 - In Ingrid Robeyns (ed.), Having Too Much: Philosophical Essays on Limitarianism. Cambridge, UK: Open Book Publishers. pp. 203-218.
    In earlier work on limitarianism, I argued that setting an upper limit to the amount of wealth that people can permissibly have is justified when decision-makers are unaware of or disagree about the appropriate distributive criterion or if they are unaware of people’s relevant features (or both). Robert Huseby has raised several powerful objections to this presumptive argument for limitarianism. Some of these objections call for a revision of my defence of presumptive limitarianism while others call for clarification, both of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  12. Evidence and presumptions for analyzing and detecting misunderstandings.Fabrizio Macagno - 2018 - Pragmatics and Cognition 24 (2):263-296.
    The detection and analysis of misunderstandings are crucial aspects of discourse analysis, and presuppose a twofold investigation of their structure. First, misunderstandings need to be identified and, more importantly, justified. For this reason, a classification of the types and force of evidence of a misunderstanding is needed. Second, misunderstandings reveal differences in the interlocutors’ interpretations of an utterance, which can be examined by considering the presumptions that they use in their interpretation. This paper proposes a functional approach to misunderstandings (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  13. Dialectical and heuristic arguments: presumptions and burden of proof.Fabrizio Macagno - 2010 - In C. Tindale & C. Reed (eds.), Dialectics, Dialogue and Argumentation: An Examination of Douglas Walton's Theories of Reasoning and Argument. College Publications. pp. 45-57.
    Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight on the (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  14. Liberal Presumptions: A Response to Curtis.Ranjoo Seodu Herr - 2007 - Political Theory 35 (3):341-47.
    In his “Critical Response,” William Curtis presents three main criticisms against my position elaborated in “In Defense of Nonliberal Nationalism.” First, he alleges that my conception of national membership is “voluntarist” and ultimately liberal. Second, he claims that my position on nonliberal democracy is “quintessentially liberal.” Third, he charges that my account of nonliberal nationalism would allow the oppression of minorities. The first charge is based on Curtis’s misreading of my article. The second charge is interesting and worthy of consideration (...)
    Download  
     
    Export citation  
     
    Bookmark  
  15. Particularism and moral theory: Particularism and presumptive reasons: Garrett Cullity.Garrett Cullity - 2002 - Aristotelian Society Supplementary Volume 76 (1):169–190.
    Weak particularism about reasons is the view that the normative valency of some descriptive considerations varies, while others have an invariant normative valency. A defence of this view needs to respond to arguments that a consideration cannot count in favour of any action unless it counts in favour of every action. But it cannot resort to a global holism about reasons, if it claims that there are some examples of invariant valency. This paper argues for weak particularism, and presents a (...)
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  16. Common usage, presumption and verisimilitude in sixteenth-century theories of juridical interpretation.Andreas Blank - 2017 - History of European Ideas 43 (5):401-415.
    ABSTRACTThe question of how common usage could be constitutive for the meaning of linguistic expressions has been discussed by Renaissance philosophers such as Lorenzo Valla, and it also played an important role in Renaissance theories of juridical interpretation. An aspect of the analysis of common usage in Renaissance theories of juridical interpretation that concerns the role of presumption has not yet found much attention. Renaissance jurists such as Simone de Praetis, Nicolaus Everardus, and Aimone de Cravetta saw that both the (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  17.  68
    The Presumption of Goodness and the Controversy over Christian Wolff’s Cosmopolitanism.Andreas Blank - 2024 - In Tinca Prunea-Bretonnet & Christian Leduc (eds.), Debates, controversies, and prizes: philosophy in the German Enlightenment. London: Bloomsbury Academic. pp. 11-30.
    Download  
     
    Export citation  
     
    Bookmark  
  18. Moral realism, face-values and presumptions.Neil Sinclair - 2012 - Analytic Philosophy 53 (2):158-179.
    Many philosophers argue that the face-value of moral practice provides presumptive support to moral realism. This paper analyses such arguments into three steps. (1) Moral practice has a certain face-value, (2) only realism can vindicate this face value, and (3) the face-value needs vindicating. Two potential problems with such arguments are discussed. The first is taking the relevant face-value to involve explicitly realist commitments; the second is underestimating the power of non-realist strategies to vindicate that face-value. Case studies of each (...)
    Download  
     
    Export citation  
     
    Bookmark   15 citations  
  19. Presumptions and Cognitive Simplicity in Leibniz and Early Modern Legal Theory.Andreas Blank - 2020 - In Tilmann Altwicker, Francis Cheneval & Matthias Mahlmann (eds.), Rechts- und Staatsphilosophie bei G. W. Leibniz. Tübingen: Mohr Siebeck. pp. 23-42.
    Download  
     
    Export citation  
     
    Bookmark  
  20. Marquard Freher and the presumption of goodness in legal humanism.Andreas Blank - 2023 - History of European Ideas 49 (3):491-505.
    One of the most detailed early modern discussions of the morality of esteem can be found in the work of the reformed jurist and historian Marquard Freher (1565–1614). Since the question of how much esteem others deserve is fraught with a high degree of uncertainty, Freher relied on the work of other legal humanists, who discussed questions of esteem from the perspective of arguments from the presumption of goodness. The humanist approach to the presumption of goodness integrated considerations about presumed (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  21. Presumption, Torture and the Controversy Over Excepted Crimes, 1600–1632.Andreas Blank - 2012 - Intellectual History Review 22 (2):131-145.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  22. The Dialogical Force of Implicit Premises. Presumptions in Enthymemes.Fabrizio Macagno & Giovanni Damele - 2013 - Informal Logic 33 (3):361-389.
    The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...)
    Download  
     
    Export citation  
     
    Bookmark   17 citations  
  23. Presumption and Leibniz’s Metaphysics of Action.Andreas Blank - 2015 - In Adrian Nita (ed.), Leibniz’s Metaphysics and Adoption of Substantial Forms: Between Continuity and Transformation. Dordrecht: Springer. pp. 89-106.
    Download  
     
    Export citation  
     
    Bookmark  
  24. The Presumption in Favour of Liberty.Edgar Dahl - 2004 - Reproductive Biomedicine Online 8 (3):266-267.
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  25. Presupposition Triggers and Presumptive Interpretation.Fabrizio Macagno - 2019 - In Alessandro Capone, Marco Carapezza & Franco Lo Piparo (eds.), Further Advances in Pragmatics and Philosophy: Part 2 Theories and Applications. Springer Verlag. pp. 155-179.
    Pragmatic presuppositions are analyzed considering their relation with the notion of commitment, namely the dialogical acceptance of a proposition by an interlocutor. The attribution of commitments carried out by means of pragmatic presupposition is shown to depend on the reasonableness of the underlying presumptive reasoning, ultimately grounded on hierarchies of presumptions. On this perspective, the ordinary interpretation of pragmatic presuppositions as the “taking for granted” of propositions signaled by semantic or syntactic triggers becomes only the presumptive, prototypical interpretation of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  26. Value, Justice, and Presumption in the Late Scholastic Controversy over Price Regulation.Andreas Blank - 2019 - Journal of the History of Ideas 80 (2):183-202.
    Download  
     
    Export citation  
     
    Bookmark  
  27. The Principles and the Presumption of Equality.Stefan Gosepath - 2015 - In Carina Fourie, Fabian Schuppert & Ivo Wallimann-Helmer (eds.), Social Equality: On What It Means to Be Equals. New York: Oup Usa. pp. 167-185.
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  28. Leibniz on Usucaption, Presumption, and International Justice.Andreas Blank - 2011 - Studia Leibnitiana 43 (1):70-86.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  29. Leibniz and the Presumption of Justice.Andreas Blank - 2006 - Studia Leibnitiana 38 (2):209 - 218.
    In den Elementa juris naturalis behauptet Leibniz, dass es rational ist zu präsumieren, dass eine gegebene Handlung gerecht ist. Diese Behauptung scheint in Widerspruch zu seiner Auffassung zu stehen, dass das, was präsumiert wird, einfacher ist als sein Gegenteil. Nach Leibniz ist einfacher, was weniger Voraussetzungen hat als etwas anderes, wobei er zwischen logischen und ontologischen Voraussetzungen unterscheidet. Dieser Diskussionsbeitrag versucht zu zeigen, dass Voraussetzungen auf der ontologischen Ebene eine oft übersehene Rolle für die Präsumption der Gerechtigkeit einer Handlung spielen (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  30. Problems of Religious Luck, Ch. 4: "We Are All of the Common Herd: Montaigne and the Psychology of our 'Importunate Presumptions'".Guy Axtell - 2018 - In Problems of Religious Luck: Assessing the Limits of Reasonable Religious Disagreement. Lanham, MD, USA & London, UK: Lexington Books/Rowman & Littlefield.
    As we have seen in the transition form Part I to Part II of this book, the inductive riskiness of doxastic methods applied in testimonial uptake or prescribed as exemplary of religious faith, helpfully operationalizes the broader social scientific, philosophical, moral, and theological interest that people may have with problems of religious luck. Accordingly, we will now speak less about luck, but more about the manner in which highly risky cognitive strategies are correlated with psychological studies of bias studies and (...)
    Download  
     
    Export citation  
     
    Bookmark  
  31. Discrimination and the Presumptive Rights of Immigrants.José Jorge Mendoza - 2014 - Critical Philosophy of Race 2 (1):68-83.
    Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  32. Quotations and Presumptions: Dialogical Effects of Misquotations.Douglas Walton & Fabrizio Macagno - 2011 - Informal Logic 31 (1):27-55.
    Manipulation of quotation, shown to be a common tactic of argumentation in this paper, is associated with fallacies like wrenching from context, hasty generalization, equivocation, accent, the straw man fallacy, and ad hominem arguments. Several examples are presented from everyday speech, legislative debates and trials. Analysis using dialog models explains the critical defects of argumentation illustrated in each of the examples. In the formal dialog system CB, a proponent and respondent take turns in making moves in an orderly goal-directed sequence (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  33. Philosophical assumptions and presumptions about trafficking for prostitution.Donna Dickenson - 2006 - In Christien van den Anker & Jeroen Doomernik (eds.), Trafficking and women's rights. Palgrave Macmillan. pp. 43-54.
    This chapter critically examines two frequently found assumptions in the debate about trafficking for prostitution: 1. That the sale of sexual services is like the sale of any other good or service; 2. That by and large women involved in trafficking for prostitution freely consent to sell such services.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  34. Good Selves, True Selves: Moral Ignorance, Responsibility, And The Presumption Of Goodness.David Faraci & David Shoemaker - 2017 - Philosophy and Phenomenological Research 98 (3):606-622.
    According to the Good True Self (GTS) theory, if an action is deemed good, its psychological source is typically viewed as more reflective of its agent’s true self, of who the agent really is ‘deep down inside’; if the action is deemed bad, its psychological source is typically viewed as more external to its agent’s true self. In previous work, we discovered a related asymmetry in judgments of blame- and praiseworthiness with respect to the mitigating effect of moral ignorance via (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  35. Domingo de Soto on Doubts, Presumptions, and Noncomparative Justice.Andreas Blank - 2015 - History of Philosophy Quarterly 32 (1):1-18.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  36. Minority Minds: Mental Disability and the Presumption of Value Neutrality.Matilda Carter - 2023 - Journal of Applied Philosophy 40 (2):358-375.
    Elizabeth Barnes has recently developed an account of disability that is sensitive to the role of self-evaluation. To have a physical disability is, according to Barnes, to have a body that is merely different from the norm. Yet, as Barnes notes, some disabilities will genuinely frustrate some life plans. It may be the case, therefore, that a disability is instrumentally bad for a person and that acquiring one may be a genuine loss. Equally, however, a person may genuinely value a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  37. Justifying Punishment: The Educative Approach as Presumptive Favorite.Dan Demetriou - 2012 - Criminal Justice Ethics 31 (1):2-18.
    In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive intentional (...)
    Download  
     
    Export citation  
     
    Bookmark  
  38. N.T. Wright and the Body-Soul Predicament: The Presumption of Duality in Ontological Holism.D'Oleo-Ochoa Isaias - 2016 - Stromata 58 (1):111-136.
    N.T. Wright has offered Christian philosophers a proposal where it is apparently possible to hold the belief in the intermediate state-resurrection of the body and an ontological holism in the same sense at the same time. I argue that this not only creates a basic contradiction in Wright’s ontological paradigm, but also it is not a coherent and tenable proposal despite the fact one might eventually find a potential solution to such a quandary.
    Download  
     
    Export citation  
     
    Bookmark  
  39. Presupposition as Argumentative Reasoning.Fabrizio Macagno - 2015 - In Alessandro Capone & Jacob L. Mey (eds.), Interdisciplinary Studies in Pragmatics, Culture and Society. Cham: Springer. pp. 465-487.
    Presuppositions are pragmatically considered as the conditions of the felicity of a speech act, or discourse move; however, the decision of setting the conditions of a move, which the hearer needs to accept in order to continue the dialogue, can be thought of as a speech act of a kind. The act of presupposing depends on specific conditions and in particular on the possibility of the hearer to reconstruct and accept the propositional content. These pragmatic conditions lead to epistemic considerations: (...)
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  40. Reconstructing and assessing the conditions of meaningfulness. An argumentative approach to presupposition.Fabrizio Macagno - 2012 - In Henrique Jales Ribeiro (ed.), Inside Arguments: Logic And The Study of Argumentation. Newcastle upon Tyne, UK: Cambridge Scholars Publishers. pp. 247--268.
    Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on the (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  41. Interpretative Disputes, Explicatures, and Argumentative Reasoning.Fabrizio Macagno & Alessandro Capone - 2016 - Argumentation 30 (4):399-422.
    The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  42. Intention, Judgement-Dependence and Self-Deception.Ali Hossein Khani - 2023 - Res Philosophica 100 (2):203-226.
    Wright’s judgement-dependent account of intention is an attempt to show that truths about a subject’s intentions can be viewed as constituted by the subject’s own best judgements about those intentions. The judgements are considered to be best if they are formed under certain cognitively optimal conditions, which mainly include the subject’s conceptual competence, attentiveness to the questions about what the intentions are, and lack of any material self-deception. Offering a substantive, non-trivial specification of the no-self-deception condition is one of the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  43.  66
    Simple Esteem and the Method of Commonplaces in Pufendorf.Andreas Blank - 2024 - British Journal for the History of Philosophy:1-22.
    In his discussion of simple esteem—one of the moral entities meant to regulate human actions—Pufendorf invokes a juridical commonplace: the rule that, before evidence to the contrary, we should presume others to be good. This argumentative strategy is an illuminating example for understanding his method of commonplaces. The present paper has three goals: (1) to analyze how Pufendorf adopted from legal humanism the view that presumptions should be based on considerations of what comes about most easily in nature; (2) (...)
    Download  
     
    Export citation  
     
    Bookmark  
  44. Faith and Reason.Maria Rosa Antognazza - 2013 - In The Oxford Handbook of Leibniz. New York: Oxford University Press.
    This contribution discusses Leibniz’s conception of faith and its relation to reason. It shows that, for Leibniz, faith embraces both cognitive and non-cognitive dimensions: although it must be grounded in reason, it is not merely reasonable belief. Moreover, for Leibniz, a truth of faith (like any truth) can never be contrary to reason but can be above the limits of comprehension of human reason. The latter is the epistemic status of the Christian mysteries. This view raises the problem of how (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  45. Reporting and Interpreting Intentions in Defamation Law.Fabrizio Macagno - 2015 - In Alessandro Capone, Ferenc Kiefer & Franco Lo Piparo (eds.), Indirect Reports and Pragmatics. Cham: Imprint: Springer. pp. 593-619.
    The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  46. Law and philosophy: selected papers in legal theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...)
    Download  
     
    Export citation  
     
    Bookmark  
  47. Biological Organisation as the True Foundation of Reality.Brian Josephson - forthcoming - In Amoroso Richard (ed.), Proceedings of the Xth International Symposium Honoring J-P Vigier. WORLD SCIENTIFIC PUBLISHING CO..
    The presumptions underlying quantum mechanics make it relevant to a limited range of situations only; furthermore, its statistical character means that it provides no answers to the question ‘what is really going on?’. Following Barad, I hypothesise that the underlying mechanics has parallels with human activities, as used by Barad to account for the way quantum measurements introduce definiteness into previously indefinite situations. We are led to consider a subtle type of order, different from those commonly encountered in the (...)
    Download  
     
    Export citation  
     
    Bookmark  
  48.  96
    Diabolical devil’s advocates and the weaponization of illocutionary force.Giulia Terzian & María Inés Corbalán - 2024 - Philosophical Quarterly 74 (4):1311–1337.
    A standing presumption in the literature is that devil’s advocacy is an inherently beneficial argumentative move; and that those who take on this role in conversation are paradigms of argumentative virtue. Outside academic circles, however, devil’s advocacy has acquired something of a notorious reputation: real-world conversations are rife with self-proclaimed devil’s advocates who are anything but virtuous. Motivated by this observation, in this paper we offer the first in-depth exploration of non-ideal devil’s advocacy. We draw on recent analyses of two (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  49. Epistemology and Wellbeing.Paul O'Grady - 2018 - European Journal for Philosophy of Religion 10 (1):97-116.
    There is a general presumption that epistemology does not have anything to do with wellbeing. In this paper I challenge these assumption, by examining the aftermath of the Gettier examples, the debate between internalism and externalism and the rise of virtue epistemology. In focusing on the epistemic agent as the locus of normativity, virtue epistemology allows one to ask questions about epistemic goods and their relationship to other kinds of good, including the good of the agent. Specifically it is argued (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  50. Arming the Outlaws: On the moral limits of the arms trade.James Christensen - forthcoming - Political Studies.
    There is a general presumption against arming outlaw states. But can that presumption sometimes be overturned? The argument considered here maintains that outlaw states can have legitimate security interests and that transferring weapons to these states can be an appropriate way of promoting those interests. Weapons enable governments to engage in wrongful oppression and aggression, but they also enable them to fend off predators in a manner that can be beneficial to their citizens. It clearly does not follow from the (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
1 — 50 / 239