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 (...) of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

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 the (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may (...) be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof. (shrink)

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 (...) conclusion. For this reason, presumptions shift the burden of providing evidence or explanations onto the interlocutor. The latter can provide new information or fail to do so: whereas in the first case the new information rebuts the presumption, in the second case, the absence of information that the interlocutor could reasonably provide strengthen the conclusion of the presumptive reasoning. In both cases the result of the presumption is to strengthen the conclusion of the reasoning from lack of evidence. As shown in the legal cases, the effect of presumption is to shift the burden of proof to the interlocutor; however, the shift a presumption effects is only the shift of the evidential burden, or the burden of completing the incomplete knowledge from which the conclusion was drawn. The burden of persuasion remains on the proponent of the presumption. On the contrary, reasoning from definition in law is a conclusive proof, and shifts to the other party the burden to prove the contrary. This crucial difference can be applied to everyday argumentation: natural arguments can be divided into dialectical and presumptive arguments, leading to conclusions materially different in strength. -/- . (shrink)

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 morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

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 a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

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 of these errors are presented, drawn from the writings of Shafer-Landau, Brink and McNaughton, and from recent work in experimental metaethics. The paper then considers weak presumptive arguments, according to which both realist and non-realist vindications of moral practice are possible, but the realist vindications are more natural. It is argued that there is no sense of ‘natural’ available that can make these arguments work. The conclusion is that all extant presumptive arguments for moral realism fail. (shrink)

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 which I aim to do in this chapter. I will argue that unless decision-makers have substantive reasons to suggest otherwise, they must act as if there is an upper limit to the amount of wealth that people can permissibly have. (shrink)

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 speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

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 presumptions (...) 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)

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 my rejection is that there is a fundamental problem with the third premise as it stands now. Therefore, I contend that Blake’s argument cannot justify a general exclusion of well-protected would-be immigrants. However, in the final part, I will try to defend a modified version of Blake’s argument from imposed obligations by contending that a state has a presumptive right to exclude if the human rights obligations that are imposed on its residents go beyond a viable threshold. (shrink)

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 with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

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. 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)

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.

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 non-delinquency with considerations concerning natural needs, natural rights and natural duties grounded in natural rational capacities common to all (grown-up, healthy) human beings. It advised us to fulfill natural duties that derive from the natural need of being held in good esteem by others, and to develop socially valuable attitudes such as trust and positive emotions toward others. At the same time, this approach was responsive to considerations of prudence, both in grounding the presumption of goodness in considerations concerning causal powers and in balancing the presumption of goodness against a variety of presumptions of badness. Freher applied this understanding of the presumption of goodness to political practice in his role as an advisor to the Palatinate. (shrink)

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 (...) in itself. Yet Curtis fails to advance a clear argument to support it. The third charge has been dealt with in my original article, but I shall restate it here to meet Curtis’s objection. Although I shall address all three, the focus will be on the second, as I believe that it poses the strongest challenge to my position. In responding to these charges, I shall provide necessary clarification and elaboration and thereby strengthen the critiques, as Curtis’s own arguments are often unclear or non-existent. (shrink)

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 framework for understanding the relationships between practical reasons. A central part of this framework is the idea that there is an important kind of reason-a 'presumptive reason'-which need not be conclusive, but which is neither pro tanto nor prima facie. /// [Richard Holton] Should particularists about ethics claim that moral principles are never true? Or should they rather claim that any finite set of principles will not be sufficient to capture ethics? This paper explores and defends the possibility of embracing the second of these claims whilst rejecting the first, a position termed 'principled particularism'. The main argument that particularists present for their position-the argument that holds that any moral conclusion can be superseded by further considerations-is quite compatible with principled particularism; indeed, it is compatible with the idea that every true moral conclusion can be shown to follow deductively from a finite set of premises. Whilst it is true that these premises must contain implicit ceteris paribus clauses, this does not render the arguments trivial. On the contrary, they can do important work in justifying moral conclusions. Finally the approach is briefly applied to the related field of jurisprudence. (shrink)

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: (...) How can the speaker know that the hearer can reconstruct and accept a presupposition? A possible answer can be found in an argumentative approach grounded on the notion of presumptive reasoning. On this perspective, by presupposing the speaker advances a tentative conclusion about what the hearer may accept, hold, or know proceeding from factual, linguistic, and epistemic rules of presumption. (shrink)

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 a complex linguistic and pragmatic phenomenon. It will be shown how the prototypical interpretation is subject to default in cases of conflicts of presumptions, which lead to reconstructing the speaker’s meaning non-presumptively at a pragmatic, semantic, or syntactic level. The phenomena of presupposition cancellation and neutralization can be explained in terms of presumptive and non-presumptive articulation and interpretation of an utterance, through which the speaker can impose, correct, or refuse implicit commitments. (shrink)

Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century until nowadays. (...) With his book Argumentation schemes for presumptive reasoning, Walton attempted to start a dialogue between three different fields or views on human reasoning – one (argumentation theory) very recent, one (dialectics) very ancient and with a very long tradition, and one (formal logic) relatively recent, but dominating in philosophy. Argumentation schemes were proposed as dialectical instruments, in the sense that they represented arguments not only as formal relations, but also as pragmatic inferences in the sense that they depend on what the interlocutors share and accept in a given dialogical circumstance and affect their dialogical relation. In this introduction, the notion of argumentation scheme will be analyzed in detail, showing its different dimensions and its defining features which make them an extremely useful instrument in Artificial Intelligence. This theoretical background will be followed by a literature review on the uses of the schemes in computing, aimed at identifying the most important areas and trends, the most promising proposals, and the directions of future research. (shrink)

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 of argumentation in which the proponent tries to persuade the respondent to become committed to a conclusion by asking questions and offering arguments. Analyzing quotation by using the notion of commitment in dialog, it is shown (a) how an arguer’s previous assertions can be brought to light in the course of a dialog to deal with problems arising from misquotation, (b) how the profile of dialog model allows a critic to analyse the fundamental effects misquotation brings about in a dialog, and (c) how the critic can use such an analysis to correct the problem. (shrink)

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 (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

In this paper, we use concepts, structure and tools from argumentation theory to show how conversational implicatures are triggered by conflicts of presumptions. Presumptive implicatures are shown to be based on defeasible forms of inference used in conditions of lack of knowledge, including analogical reasoning, inference to the best explanation, practical reasoning, appeal to pity, and argument from cause. Such inferences are modelled as communicative strategies to knowledge gaps that shift the burden of providing the missing contrary evidence to (...) the other party in a dialogue. Through a series of illustrative examples, we show how such principles of inference are based on common knowledge about the ordinary course of events shared by participants in a structured dialogue setting in which they take turns putting forward and responding to speech acts. (shrink)

Most seem to presume that what is threatening about manipulation arguments is the ‘no difference’ premise – that is, the claim that there are no responsibility-relevant differences between a manipulated agent and her merely causally determined counterpart. This presumption underlies three recent replies to manipulation arguments from Kearns (2012), King (2013), and Schlosser (2015). But these replies fail to appreciate the true threat from manipulation arguments – namely, the manipulation cases that are allegedly counterexamples to the leading (...) compatibilist conditions on moral responsibility. This paper argues that if there is a counterexample to all the leading compatibilist conditions on moral responsibility then this is sufficient to undermine compatibilism. (shrink)

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 (...) other hand, the listener reconstructs the propositions taken for granted and assesses them against the shared presumptions. The possibility of reconstructing a presupposition is distinguished from its assessment, where the consistency of the presupposition with the shared or common ground is evaluated, and its reasonableness established. The analysis of presuppositions from an argumentative perspective provides an instrument for evaluating the reasonableness of a presupposition and understanding its dialogical effect. On this view, the dialogical force of a presupposition lies in its presumptive nature, which sets and shifts the burden of proving its unacceptability or unreasonableness. (shrink)

In a sequel to the author's argument for dualism from the lived experience of time, this paper continues the line of thought initiated by in that study a bit further by considering the implications of our experience of being in space for dualism. I conclude that four-dimensionalism cannot accommodate the facts of our experience of ourselves as being in time - localized in space but not located there after the manner of a material thing. Substance dualism, however, makes perfect sense (...) of all these facts, which helps confirm the natural presumption in favor of that view. REVISED: March 24, 2022 with substantive changes. (shrink)

Metaethical Mooreanism is the view that without being able to explain how we know certain moral claims we can nevertheless be sure that we do know them. In this paper I focus on the Moorean argument against moral error theory. I conclude that it fails. To show this failure, I first distinguish Moorean claims from Moorean arguments, and then so-called presumptive support from dialogical support. With these distinctions in place, I argue that the key Moorean claim requires dialogical (...) support in order to be used within the Moorean argument against moral error theory, but metaethical Mooreans have only provided presumptive support for the Moorean claim. Not only is this presumptive support inadequate for fending off the moral error theory, it is doubtful that Mooreans can actually provide dialogical support for the key Moorean claim. (shrink)

In this article, I present a new interpretation of the pro-life view on the status of early human embryos. In my understanding, this position is based not on presumptions about the ontological status of embryos and their developmental capabilities but on the specific criteria of rational decisions under uncertainty and on a cautious response to the ambiguous status of embryos. This view, which uses the decision theory model of moral reasoning, promises to reconcile the uncertainty about the ontological status of (...) embryos with the certainty about normative obligations. I will demonstrate that my interpretation of the pro-life view, although seeming to be stronger than the standard one, has limited scope and cannot be used to limit destructive research on human embryos. (shrink)

This article juxtaposes a jurisprudential thesis and a practical problem in an attempt to gain critical insight into both. The jurisprudential thesis is Dworkin’s rights thesis. The practical problem revolves around judicial resort to the floodgates argument in civil adjudication (or, more specifically, a version of this argument focused on adjudicative resources, which is dubbed here the FA). The analysis yields three principal observations: (1) Judicial resort to the FA is discordant with the rights thesis. (2) The rights thesis is (...) instructive in one way but mistaken in another. While Dworkin has highlighted some valid and sound reasons against judicial policymaking, his conclusive exclusion of judicial policymaking from civil law adjudication is erroneous. Civil law adjudication, it is argued, is an arena of ineliminable tension between principle and policy. (3) The FA is a type of policy argument particularly vulnerable to objections against judicial policymaking. There should, therefore, be a (rebuttable) presumption against judicial resort to it. (shrink)

In this article I argue that we should be prudentially and morally biased toward earlier events: other things equal, we should prefer for good events to occur earlier and disprefer for bad events to occur earlier. The argument contends that we should accord at least some credence—if only a small one—to a theoretical package featuring the growing block theory of time and that this package generates a presumptive bias toward earlier events. Rival theoretical packages are considered. Under reasonable allocations (...) of credence to them, the presumptive bias escapes defeat. The argument has several corollaries: other things equal, we should be biased toward the past over the future, the further past over the nearer past, and the nearer future over the further future. (shrink)

In Zettel, Wittgenstein considered a modified version of Cantor’s diagonal argument. According to Wittgenstein, Cantor’s number, different with other numbers, is defined based on a countable set. If Cantor’s number belongs to the countable set, the definition of Cantor’s number become incomplete. Therefore, Cantor’s number is not a number at all in this context. We can see some examples in the form of recursive functions. The definition "f(a)=f(a)" can not decide anything about the value of f(a). The definiton is incomplete. (...) The definition of "f(a)=1+f(a)" can not decide anything about the value of f(a) too. The definiton is incomplete.<br><br>According to Wittgenstein, the contradiction, in Cantor's proof, originates from the hidden presumption that the definition of Cantor’s number is complete. The contradiction shows that the definition of Cantor’s number is incomplete. <br><br>According to Wittgenstein’s analysis, Cantor’s diagonal argument is invalid. But different with Intuitionistic analysis, Wittgenstein did not reject other parts of classical mathematics. Wittgenstein did not reject definitions using self-reference, but showed that this kind of definitions is incomplete.<br><br>Based on Thomson’s diagonal lemma, there is a close relation between a majority of paradoxes and Cantor’s diagonal argument. Therefore, Wittgenstein’s analysis on Cantor’s diagonal argument can be applied to provide a unified solution to paradoxes. (shrink)

Are there objective moral truths, i.e. things that are morally right, wrong, good, or bad independently of what anybody thinks about them? To answer this question more and more scholars have recently turned to evidence from psychology, neuroscience, cultural anthropology, and evolutionary biology. This book investigates this novel scientific approach in a comprehensive, empirically-focused, and partly meta-theoretical way. It suggests that while it is possible for the empirical sciences to contribute to the moral realism/anti-realism debate, most arguments that have (...) so far been proposed fail (because they misrepresent, cherry-pick, or overlook the invalidity of (parts of) the available scientific evidence). The book’s main chapters address five prominent science-based arguments for or against the existence of objective moral truths: the argument from moral disagreement, the evolutionary debunking argument, the sentimentalist argument, the presumptive argument, and the projectivist argument. Thomas Pölzler investigates in which sense the underlying empirical hypotheses would have to be true in order for these arguments to work, and then shows how the available scientific evidence fails to support them. Finally, he makes suggestions as to how to test these hypotheses in a more valid way. Moral Reality and the Empirical Sciences is an important contribution to the moral realism/anti-realism debate that will appeal to philosophers and scientists interested in moral psychology and metaethics. (shrink)

A primary argument against the badness of death (known as the Symmetry Argument) appeals to an alleged symmetry between prenatal and posthumous nonexistence. The Symmetry Argument has posed a serious threat to those who hold that death is bad because it deprives us of life’s goods that would have been available had we died later. Anthony Brueckner and John Martin Fischer develop an influential strategy to cope with the Symmetry Argument. In their attempt to break the symmetry, they claim that (...) due to our preference of future experiential goods over past ones, posthumous nonexistence is bad for us, whereas prenatal nonexistence is not. Granting their presumption about our preference, however, it is questionable that prenatal nonexistence is not bad. This consideration does not necessarily indicate their defeat against the Symmetry Argument. I present a better response to the Symmetry Argument: the symmetry is broken, not because posthumous nonexistence is bad while prenatal nonexistence is not, but because (regardless as to whether prenatal nonexistence is bad) posthumous nonexistence is even worse. (shrink)

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, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

This paper advances an approach to presupposition rooted in the concept of commitment, a dialectical notion weaker than truth and belief. It investigates ancient medieval dialectical theories and develops the insights thereof for analyzing how presuppositions are evaluated and why a proposition is presupposed. In particular, at a pragmatic level, presuppositions are reconstructed as the conclusions of implicit arguments from presumptive reasoning, grounded on presumptions of different type and nature. A false (or rather unaccepted) presupposition can be thus (...) represented as the outcome of a conflict of presumptions – the ones used by the Speaker and the ones commonly accepted or backed by evidence. From an interpretative perspective, this defaulted presumptive reasoning can be explained by comparing the available presumptions and repaired by replacing the weaker and unacceptable ones. (shrink)

Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed (...) at explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

The thesis aims at a methodological reflection of logical reconstruction and tries to develop this method in detail, especially with regard to the reconstruction of natural language arguments. First, the groundwork for the thesis is laid by presenting and, where necessary, adapting its foundations with regard to the philosophy of language and the theory of argument. Subsequently, logical reconstruction, especially the logical reconstruction of arguments, is presented as a hermeneutic method and as a tool for the application of (...) (formal) logic and argumentation theory to natural language arguments. Logical reconstruction is presented as a special type of exegetical interpretation by paraphrase that is subject to (adapted) hermeneutic maxims and presumption rules that govern exegetical interpretation in general. However, in contrast to the interpretation of texts by natural language paraphrases, logical reconstruction leads to interpretantia that are logically explicit formal language texts and can be analyzed using formal methods and meta-theoretical concepts that are not directly applicable to natural language texts. By providing explicit and precise records of different readings, logical reconstruction can thus help to clarify (and maybe even solve) persistent interpretation controversies. Through an adaptation and specification of hermeneutic maxims and presumption rules, the thesis aims at providing suitable means for the systematic guidance and evaluation of logical reconstructions of argumentative texts. As a genuinely interpretative undertaking, logical reconstruction will be distinguished from the non-interpretative enterprise of formalization and from the development of theories of logical form, which provide a framework in which formalization and reconstruction take place. As exegetical interpretations, logical reconstructions of texts that are not readily formalizable can still be assessed with respect to their hermeneutic quality. The hermeneutic method of logical reconstruction can thus widen the scope for the application of logic and argumentation theory, because it allows us to use formal methods for the analysis and assessment of "difficult" natural language texts in a non-arbitrary, albeit indirect way. The last part of the thesis presents a manual for the logical reconstruction of natural language arguments, whose application is illustrated step by step. (shrink)

The purpose of this paper is to show how micro-argumentation mechanisms of presumptive reasoning and reasoning from best explanation can be used for explaining some cases of presupposition cancellation. It will be shown how the relationship between presupposition triggers and pragmatic presuppositions can be analyzed in terms of presumptive and non-presumptive polyphonic articulation of an utterance, resulting in different types of commitments for the interlocutors. This approach is grounded on the two interconnected notions of presumptions and commitments. (...) In some complex cases of presupposition “suspension,” the speaker presumes the hearer’s acceptance of and commitment to propositions that cannot be presumed as such, namely that do not belong to the common ground, or that have been explicitly rejected as being commonly shared. This phenomenon triggers a complex type of reasoning that can be represented as an abductive pattern, grounded on hierarchies of presumptions and aimed at providing an interpretation that solves this conflict of presumptions. Several cases of suspension of presupposition will be investigated as resulting from non-presumptive polyphonic articulations, in which different voices responsible for distinct commitments are distinguished. By indirectly reporting an element of discourse, the speaker can refuse to take responsibility for the presupposed proposition, and correct the commitments that may result for him. This polyphonic treatment of utterances shows how and why a presupposition is suspended, and identifies the conflicting presumptions that can be further solved through reasoning from best explanation. This reasoning can result in a different reconstruction of the developed logical form of utterance or of its illocutionary force. (shrink)

The phenomenon of presupposition suspension can be analyzed in terms of explicatures and the corresponding non-presumptive interpretative reasoning underlying it. On the view presented in this paper, the polyphonic articulation of an utterance at different levels can be used to explain cases in which presuppositions are suspended. Presuppositional suspensions indicate that the presumptive reading does not hold and a different interpretation is needed. Utterances can display various types of polyphonic structures, accounting for the speaker’s and the hearer’s commitments. (...) A speaker can be held directly responsible for what he says, but he is committed only indirectly to what he presupposes, i.e. what is uttered by a second voice (the second utterer or enunciator) representing what the common opinion accepts to be true. The reconstruction of the pragmatic structure of an utterance is guided by a complex type of reasoning, which can be represented as an argumentative abductive pattern, grounded on hierarchies of presumptions. By comparing the possible presumptions associated with the explicit meaning and the contextual information, the hearer can find a best possible explanation of the intended effect of the utterance. (shrink)

The purpose of this chapter is twofold. On the one hand, our goal is theoretical, as we aim at providing an instrument for detecting, analyzing, and solving ambiguities based on the reasoning mechanism underlying interpretation. To this purpose, combining the insights from pragmatics and argumentation theory, we represent the background assumptions driving an interpretation as presumptions. Presumptions are then investigated as the backbone of the argumentative reasoning that is used to assess and solve ambiguities and drive (theoretically) interpretive mechanisms. On (...) the other hand, our goal is practical. By analyzing ambiguities as stemming from different presumptions concerning language or, more importantly, expected communicative roles and goals, we can use communicative misunderstandings as the signal of deeper disagreements concerning mutual expectations or cultural differences. This argumentation-based interpretive mechanism will be applied to the analysis of medical interviews in the area of diabetes care, and will be used to bring to light the sources of misunderstanding and the different presumptions that define distinct cultures. We will consequently illustrate the analytical tools by identifying and distinguishing the various types of ambiguity underlying misunderstandings, and we will address them by describing the communicative intentions ascribed to the ambiguous utterances. (shrink)

A type of argument occasionally made in metaethics, epistemology and philosophy of science notes that most ordinary uses of some expression fail to satisfy the strictest interpretation of the expression, and concludes that the ordinary assertions are false. This requires there to be a presumption in favour of a strict interpretation of expressions that admit of interpretations at different levels of strictness. We argue that this presumption is unmotivated, and thus the arguments fail.

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 (...) fact that a state is oppressive or aggressive that it will never be a victim of wrongful aggression itself, and while an outlaw state’s primary aim in repelling such aggression will often be the preservation of its own power, its defensive manoeuvres will sometimes also serve its citizens’ interests. In short, supplying weapons to outlaw states may sometimes contribute to the protection of innocents. (shrink)

How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition (...) when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (shrink)

In a lot of domains in metaphysics the tacit assumption has been that whichever metaphysical principles turn out to be true, these will be necessarily true. Let us call necessitarianism about some domain the thesis that the right metaphysics of that domain is necessary. Necessitarianism has flourished. In the philosophy of maths we find it held that if mathematical objects exist, then they do of necessity. Mathematical Platonists affirm the necessary existence of mathematical objects (see for instance Hale and Wright (...) 1992 and 1994; Wright 1983 and 1988; Schiffer 1996; Resnik 1997; Shapiro 1997 and Zalta 1988) while mathematical nominalists, usually in the form of fictionalists, hold that necessarily such objects fail to exist (see for instance Balaguer 1996 and 1998; Rosen 2001 and Yablo 2005). In metaphysics more generally, until recently it was more or less assumed that whatever the right account of composition—the account of under what conditions some xs compose a y—that account will be necessarily true (for a discussion of theories of composition see Simons 1987 and van Inwagen 1987 and 1990; the modal status of the composition relation is explicitly addressed in Schaffer 2007; Parsons 2006 and Cameron 2007). Similarly, it has generally been assumed that whatever the right account is of the nature of properties, whether they be universals, tropes, or whether nominalism is true, that account will be necessarily true (though see Rosen 2006 for a recent suggestion to the contrary). In considering theories of persistence it has been widely held that whether objects endure or perdure through time is a matter of necessity (Sider 2001; though see Lewis 1999 p227 who defends contingent perdurantism). And with respect to theories of time it is frequently held that whichever of the A- or B-theory is true is necessarily true. A-theorists often argue that there is time in a world only if the A-theory is true at that world (see for instance McTaggart 1903; Markosian 2004; Bigelow 1996; Craig 2001) while B-theorists often argue that the A-theory is internally inconsistent (Smart 1987; Mellor 1998; Savitt 2000 and Le Poidevin 1991). Once again, we find a few recent contingentist dissenters. Bourne (2006) suggests that it is a contingent feature of time that it is tensed, and thus that the A-theory is contingently true. Worlds in which there exist only B-theoretic properties are worlds with time, it is just that time in those worlds time is radically different to the way it is actually. Other defenders of the B-theory, though not expressly contingentists, do offer arguments against versions of the A-theory that try to show that such A-theories theories are inconsistent with the actual laws of nature (see for instance Saunders 2002 and Callender 2000); these arguments, at least, leave room for the possibility that the A-theories in question are contingently false (at least on the assumption that the laws of nature are themselves contingent, an assumption that not everyone accepts). Despite some notable exceptions, necessitarianism has flourished in many, if not most, domains in metaphysics. One such exception is Lewis’ famous defence of Humean supervenience as a contingent claim about our world. Lewis does not argue that necessarily, the supervenience base for all matters of fact in a world is nothing but a vast mosaic of local matters of particular fact. Rather, he thinks that we have reason to think that our world is one in which Humean supervenience holds (see Lewis 1986 p9-10 and 1994). Another exception to the necessitarian orthodoxy is to be found in the lively debate about the modal status of the laws of nature. Here, if anything, contingentism has been the dominating force, with it generally being held that there are possible worlds in which different laws of nature hold (this view is defended by, among others, Lewis 1986 and 2010; Schaffer 2005 and Sidelle 2002). Necessitarian dissenters hold that the laws of nature are necessary, frequently because they think it is necessary that fundamental properties have the causal or nomic profiles they do (see for instance Shoemaker 1980 and 1988; Swoyer 1982; Bird 1995; Ellis and Lierse 1994). Nevertheless, when it comes to thinking about the nature of the laws themselves, the necessitarian presumption is back on firm footing. Though there is disagreement about whether the laws are generalisations that feature in the most virtuous true axiomatisation of all the particular matters of fact (often known as the Humean view of laws and defended by Ramsey 1978; Lewis 1986 and Beebee 2000) or whether laws are relations of necessity that hold between universals (a view defended by Armstrong 1983; Dretske 1977; Tooley 1977 and Carroll 1990) no one has seriously suggested that it might be a contingent matter which of these is the right account of laws. The necessitarian orthodoxy is not surprising since metaphysics is largely an a priori process. While a priori reasoning may be used to determine whether a proposition is necessary or contingent, it is not well placed (in the absence of a posteriori evidence) to determine whether a contingent proposition is actually true or false. Since metaphysicians aim to tell us which principles are true in which worlds, on the face of it the discovery that metaphysical principles are contingent seems to make part of the task of metaphysics epistemically intractable. In what follows I consider two reasons one might end up embracing contingentism and whether this would lead one into epistemic difficulty. The following section considers a route to contingent metaphysical truths that proceeds via a combination of conceptual necessities and empirical discoveries. Section 3 considers whether there might be synthetic contingent metaphysical truths, and the final section raises the question of whether if there were such truths we would be well placed to come to know them. (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not (...) adequately justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

As inductive decision-making procedures, the inferences made by machine learning programs are subject to underdetermination by evidence and bear inductive risk. One strategy for overcoming these challenges is guided by a presumption in philosophy of science that inductive inferences can and should be value-free. Applied to machine learning programs, the strategy assumes that the influence of values is restricted to data and decision outcomes, thereby omitting internal value-laden design choice points. In this paper, I apply arguments from feminist philosophy (...) of science to machine learning programs to make the case that the resources required to respond to these inductive challenges render critical aspects of their design constitutively value-laden. I demonstrate these points specifically in the case of recidivism algorithms, arguing that contemporary debates concerning fairness in criminal justice risk-assessment programs are best understood as iterations of traditional arguments from inductive risk and demarcation, and thereby establish the value-laden nature of automated decision-making programs. Finally, in light of these points, I address opportunities for relocating the value-free ideal in machine learning and the limitations that accompany them. (shrink)

Book synopsis: New work on a hot topic by an outstanding team of authors At the intersection of several central areas of philosophy It is the linguistic job of singular terms to pick out the objects that we think or talk about. But what about singular terms that seem to fail to designate anything, because the objects they refer to don't exist? We can employ these terms in meaningful thought and talk, which suggests that they are succeeding in fulfilling their (...) representational task. A team of leading experts presents new essays on the much-debated problem of empty reference and thought. In the 1960s and 1970s Keith Donnellan, David Kaplan, Saul Kripke and Hilary Putnam initiated a revolution in the then standard conception of reference—a concept at the core of philosophical inquiry. The repercussions of the revolution, particularly felt in metaphysics and epistemology, were soon refined by other influential writers such as Tyler Burge, Gareth Evans, and John Perry. They argued that some linguistic and mental representations have contents individuated by what they are about—by ordinary referents of expressions such as proper names, indexicals, definite descriptions and common nouns, i.e. by planets, people or natural kinds. The view was at odds with a central philosophical presumption at that time: that cognitive and linguistic access to objective reality is indirect and accidental, mediated by general descriptive characterizations, the only constitutive semantic feature of the expressions; hence its ontological and epistemological repercussions. A turning-point in the debate about how linguistic and mental representation reach external contents concerned the nature of empty mental and linguistic representations, framed by means of the very same expressions crucially invoked in the Donnellan-Kaplan-Kripke-Putnam arguments. The papers in this volume address different aspects of reference and thought about the non-existent. (shrink)

Conpiracy theories are widely deemed to be superstitious. Yet history appears to be littered with conspiracies successful and otherwise. (For this reason, "cock-up" theories cannot in general replace conspiracy theories, since in many cases the cock-ups are simply failed conspiracies.) Why then is it silly to suppose that historical events are sometimes due to conspiracy? The only argument available to this author is drawn from the work of the late Sir Karl Popper, who criticizes what he calls "the conspiracy theory (...) of society" in The Open Society and elsewhere. His critique of the conspiracy theory is indeed sound, but it is a theory no sane person maintains. Moreover, its falsehood is compatible with the prevalence of conspiracies. Nor do his arguments create any presumption against conspiracy theories of this or that. Thus the belief that it is superstitious to posit conspiracies is itself a superstition. The article concludes with some speculations as to why this superstition is so widely believed. (shrink)

In recent years, a new generation of activists has reinvigorated debate over the public commemorative landscape. While this debate is in no way limited to statues, it frequently crystallizes around public representations of historical figures who expressed support for the oppression of certain groups or contributed to their past or present oppression. In this paper, I consider what should be done about such representations. A number of philosophers have articulated arguments for modifying or removing public monuments. Joanna Burch-Brown (2017) (...) grounds her argument for removal in what I call the “honorific” function of such representations—the ways in which they express and tend to cultivate admiration for their subjects. In the first two sections of the paper, I develop a novel argument for modifying these representations based on this insight. I argue that leaving such representations unmodified in the public space tends to undermine the dignity of members of oppressed groups as well as their assurance that society and government are committed to their rights and constitutional entitlements. In the paper’s third section, I develop a “balancing test” for determining whether the relevant moral and pragmatic considerations favor making a particular representation inaccessible to the public, or recontextualizing it for public consumption. Unlike some of the existing philosophical treatments of honorific representations that focus on particular monuments, this balancing test is designed for general application to any honorific representation that satisfies the presumptive case for modification. To conclude, I offer some reasons why weak forms of recontextualization that do not involve altering institutional context may often be an insufficient remedy for the problems I describe. (shrink)

A core presumption of object oriented ontology and other speculative realisms is that there is a world independent of the mind that can be successfully inquired and should take center stage in our reflections again. A profound case for this realist presumption is found in Meillassoux’s After Finitude. He aims to secure our access to reality as it is in itself by refuting correlationism according to which we cannot escape reality as it is thought by us. He presents three (...) class='Hi'>arguments: ancestrality, facticity and mathematization. On the first argument correlationism fails because it cannot render scientific statements about an universe anterior to us meaningful. I address the worry that he might not take this to be a real argument against correlationism and argue that it in any case fails. On the second argument correlationism is flawed since it remains committed to absolute possibilities. I argue that this argument is untenable as well. On his third argument correlationism fails because science reveals a mathematically describable reality indifferent to our existence. I argue that the almost perfect mathematization of nature can actually be cashed out as an argument for correlationism. I conclude by proposing an alternative way of showing that mathematics is the language of the absolute understood as a radical contingent hyperchaos. (shrink)