The notions of types of dialogue and dialectical relevance are central themes in Walton’s work and the grounds for a dialectical approach to many fallacies. After outlining the dialogue models constituting the background of Walton’s account, this article presents the concepts of dialectical relevance and dialogue shifts in their application to biased argumentation, fallacious moves, and illicit argumentative strategies. Showing the different dialectical proposals Walton advanced in several studies on argumentation as a development of (...) a dialogical system, it has proved possible to highlight the fundamental aspects of his theory in a comprehensive model of communication and interaction. (shrink)

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, (...) class='Hi'>Walton’s theory is briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, (...) class='Hi'>dialectical studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out (...) of context. The theoretical tools employed in the analysis are pragmatic theories of meaning and a dialectical model of commitment, used to explain how and why a standpoint is distorted. The analysis is based on a conception of fallacies as deceptive strategic moves in a game of dialogue. As a consequence, our focus is not only on misquotations as distortions of meaning, but on how they are used as dialectical tools to attack an opponent or win a dispute. Wrenching from context is described as a fallacy of unfairly attributing a commitment to another party that he never held. Its power as a deceptive argumentation tactic is based on complex mechanisms of implicit commitments and on their misemployment to improperly suggest an attribution of commitment. (shrink)

This is a critique of Lloyd's theory which appeared in his book, Simple Minds.

Using tools like argument diagrams and profiles of dialogue, this paper studies a number of examples of everyday conversational argumentation where determination of relevance and irrelevance can be assisted by means of adopting a new dialectical approach. According to the new dialectical theory, dialogue types are normative frameworks with specific goals and rules that can be applied to conversational argumentation. In this paper is shown how such dialectical models of reasonable argumentation can be applied to a (...) determination of whether an argument in a specific case is relevant are not in these examples. The approach is based on a linguistic account of dialogue and text from congruity theory, and on the notion of a dialectical shift. Such a shift occurs where an argument starts out as fitting into one type of dialogue, but then it only continues to makes sense as a coherent argument if it is taken to be a part of a different type of dialogue. (shrink)

Abstract: The article presents and critically discusses Walton's (and Reed's and Macagno's) argument scheme approach to a theory of good argumentation. In particular, four characteristics of Walton's approach are presented: 1. It presents normative requirements for argumentation in the form of argument schemes, i.e. relatively concrete type descriptions. 2. These schemata are enthymematic, i.e. they omit some of the premises required by other approaches. 3. The actual argument schemes are usually supplemented by critical questions. 4. The method is inductive, (...) bottom-up, gaining the normative schemata by abstraction from empirically collected groups of similar arguments. These characteristics, among others, are then discussed on the basis of four adequacy conditions: AC1: effectiveness in achieving the epistemic goal of obtaining and communicating justified acceptable opinions; AC2: completeness in capturing the good argument types; AC3: efficiency in achieving the goals; AC4: justification of the argument schemes. The discussion then reveals a number of weaknesses in Walton's argument schemes; among other things, they are neither effective (in the defined sense) nor truly justified. Contributing factors to these problems include the schema approach, i.e. not looking at the form of arguments, and the lack of epistemological foundations in the development of good types of arguments. However, the critical analyses reveal a better alternative: an epistemological approach based on epistemological principles. The article concludes with a detailed analysis of the scheme Practical Inference, which confirms the general criticism in detail. (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)

Adorno’s dialectical approach to aesthetics is perhaps understood better in terms of his monumental work, 'Aesthetic Theory,' which attempts to relate the speculative tradition in philosophical aesthetics to the situation of art in twentieth-century society, than in terms of purely theoretical claims. This paper demonstrates that Adorno embraces the Kantian thesis concerning art’s autonomy and that he criticizes transcendental philosophy. It also discusses how Adorno provides the outlines for a dialectical conception of artistic truth in relation to (...) his argument with Hegel. Adorno’s assessment of the Enlightenment is linked to his interpretation of twentieth-century literature. The conclusion of this paper emphasizes the political implications of Adorno’s position when the philosopher approaches art as a sign of historical truth. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative (...) canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and (...) quasilogical connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

The representation and classification of the structure of natural arguments has been one of the most important aspects of Aristotelian and medieval dialectical and rhetorical theories. This traditional approach is represented nowadays in models of argumentation schemes. The purpose of this article is to show how arguments are characterized by a complex combination of two levels of abstraction, namely, semantic relations and types of reasoning, and to provide an effective and comprehensive classification system for this matrix of semantic and (...) quasilogical connections. To this purpose, we propose a dichotomous criterion of classification, transcending both levels of abstraction and representing not what an argument is but how it is understood and interpreted. The schemes are grouped according to an end-means criterion, which is strictly bound to the ontological structure of the conclusion and the premises. On this view, a scheme can be selected according to the intended or reconstructed purpose of an argument and the possible strategies that can be used to achieve it. (shrink)

Robert Kimball, in “What’s Wrong with Argumentum Ad Baculum?” (Argumentation, 2006) argues that dialogue-based models of rational argumentation do not satisfactorily account for what is objectionable about more malicious uses of threats encountered in some ad baculum arguments. We review the dialogue-based approach to argumentum ad baculum, and show how it can offer more than Kimball thinks for analyzing such threat arguments and ad baculum fallacies.

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. However, our (...) theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

With the advent of the semantic web, the problem of ambiguity is becoming more and more urging. Semantic analysis is necessary for explaining and resolving some sorts of ambiguity by inquiring into the relation between possibilities of predication and definition of a concept in order to solve problems such as interpretation and ambiguity. If computing is now approaching such problems of linguistic analysis, what is worth inquiring into is how the development of linguistic studies can be useful for developing the (...) theoretical background of ontologies. Our proposal is to develop a theory of definition alternative to the traditional metaphysical approach and the modern relativistic account. We interpret the ancient notion of essential definition in a dialectical perspective, and show how the dialectical definition by genus and difference corresponds to the semantic analysis of the definiendum. The dialectical definition is shown to be grounded on the deepest endoxa (shared knowledge) of a community, and to be the argumentatively strongest definition. After presenting the most common types of definition used in argumentation, the linguistic and logical characteristics of the notion of definition by genus and difference are set out in a pragmatic framework. (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)

As a contribution to a critical yet responsive materialist ethics of environments and animals, I reexamine the significance of nature and animals in the critical social theory of Theodor Adorno. In response to the anthropocentric primacy of intersubjective discourse and recognition in recent figures associated with the Frankfurt School, such as Habermas and Honneth, I argue for the ecological import of the aporetic dialectic of nature and society diagnosed in Adorno and Horkheimer’s Dialectic of Enlightenment and Adorno’s later works. (...) Adorno’s continuing confrontation with the “domination of nature” traces the tensions between the ideological construction and resistance of “nature” as well as the instrumentalization and implicit disruptive promise of sensuous life. It indicates the material and bodily bonds between human and animal happiness and suffering, the ambiguous role of mimesis in domination and emancipation, and the critical prospect of an unforced and non-coercive freedom toward the object and answerability toward socially and historically mediated yet non-identical natural life. (shrink)

Beginning with the influential discussion of the dialectic of progress found in Amy Allen’s The End of Progress, this paper outlines some difficulties encountered by critical theories of normative justification drawing on the early Frankfurt School. Characterizing Adorno and Horkheimer’s critical social theory as a dialectical reflection eschewing questions of normative foundations, I relate their well-known treatment of the dialectic of enlightenment reason and myth to their critique of capitalist society as a negative totality. By exploring the concepts (...) of historical development used by Adorno and Horkheimer to describe both the progressive domination of capitalism, and the formation and cultivation of reflective consciousness, I trace the importance of progression and its inseparable relationship to regression in these early versions of critical theory. The dialectical social theory found here recognizes the persistence of social contradictions on both a methodological level and on the level of theory’s development and expression, a connection potentially obscured by a division of historical progress according to its temporal orientation. Particularly in Adorno’s later work, an opposition to the negative social totality requires notions of cultivation and learning which work against the prevailing forms of conceptual thinking, including the concern for the stability of rational foundations. (shrink)

I explore the critical significance of the phenomenological notion of intuition. I argue that there is no meaning that is originally formal-conceptual. The meanings of concepts function as symbolic approximations to original nonconceptual, intuitive givens. However, the meaning content originally intuitively given in lived experience has a tendency to be lost in pursuit of universalizability and communicability of conceptual content. Over time, conceptual approximations lose their reference to the experience that had given them their meaning in the first place. The (...) loss of an experiential reference makes for a vacuous set of concepts, giving way to ideologies, by which I mean the conscious prejudicial support for a set of ideas without the experiential, intuitive context that is necessary to see the value of those ideas. A critical phenomenology is a critique of ideological views by descriptively recovering the intuitive content whereby concepts can be adequately reevaluated. -/- This main aim of this work is to establish the methodological features of critical phenomenology by responding to the objections made against phenomenology and intuition by Frankfurt School critical theorists. Scheler’s phenomenology is used as a way forward due to his far-reaching critique of reason and emphasis on the phenomenological intuition of value. -/- Chapter 1 considers three Frankfurt School objections of Husserlian phenomenology, as (1) immanentist (Adorno), (2) idealist (Adorno), and (3) normatively empty (Habermas). Each fail to discern the subtle features of nonidentity with respect to Husserl’s notions of apperception and adumbrated phenomena. -/- Chapter 2 shows how Scheler’s original view of the phenomenological attitude makes more explicit Husserl’s subtle dialectical elements. Adequate and inadequate givenness is interpreted with respect to one’s intentional orientation and the moral attitudes carried within the world, influencing the content of the given. -/- Chapter 3 confronts the popular charge of idealism. Reality is a problem for phenomenology only to conscious modes of givenness. But through ecstatic modes of givenness (in resistances) Scheler’s phenomenology achieves an existential ground that is crucial for phenomenology to engage actually existing social structures and factors. -/- Chapter 4 concerns the charge that phenomenology is normatively empty. That Scheler had developed a theory of value is not enough to rebut the charge but his view of value-givenness as an attitude informed by the act of loving, opens an awareness of the values disclosed by that attitude. -/- Chapter 5 shows that Scheler’s sociology of knowledge, in contrast to Karl Mannheim’s interpretation, provides a unified picture of the interdependency of spirit and life needed for the realization of values in the world and society. -/- Chapter 6 suggests a way of framing a phenomenological critique of ideology. Scheler points to the attitudinal factors of loving and hating to disclose systemic devaluation and overvaluation. This awareness arises (1) from noticing how individual valuation reflects social valuation, and (2) by being attuned to how one’s own intuitions contradict prevailing social valuation and thought, thereby opening a space for a critique of those patterns. (shrink)

This essay presents the normative foundation of W.E.B. Du Bois’s constructivist theory of justice in three steps. First, I show that for Du Bois the public sphere in Anglo-European modern states consists of a dialectical interplay between reasonable persons and illiberal rogues. Second, under these nonideal circumstances, the ideal of autonomy grounds reasonable persons’ deliberative openness, an attitude of public moral regard for others which is necessary for constructing the terms of political rule. Though deliberative openness is the (...) essential vehicle of construction, reasonable persons only have a pragmatic political obligation to forge ties of deliberative reciprocity with likeminded persons whom they trust will listen and not harm them. Finally, I present Du Bois’s defense of black suffragists’ support of the 19th Amendment to illustrate pragmatic political obligation in action. I sketch successful democratic engagement that reconstitutes a nonideal public sphere. (shrink)

This article explores critical theory's relations to German idealism by clarifying how Adorno's thought relates to Hegel's. Adorno's apparently mixed responses to Hegel centre on the dialectic and actually form a coherent whole. In his Logic, Hegel outlines the dialectical process by which categories – fundamental forms of thought and reality – necessarily follow one another in three stages: abstraction, dialectic proper, and the speculative . Adorno's allegiance to Hegel's dialectic emerges when he traces the dialectical process (...) whereby enlightenment reverts to myth and human domination over nature reverts into our domination by nature. However, Adorno criticizes Hegel's dialectic as the ultimate form of ‘identity thinking’, subsuming unique, material objects under universal concepts by using dialectical reason to expand those concepts to cover objects utterly. These two responses cohere because Adorno shares Hegel's view that dialectical contradict.. (shrink)

The notion of Hegel's Dialectic has been largely critiqued and thoroughly regarded as largely a headache in the realm of metaphysics. In this work, I made the attempt to navigate and substantiate the complexity of an adapted reiteration of those fundamental Dialectical notions in conjunction with a more focused description of Idealism that attempts to substantiate itself within the bounds of our current understanding of physics and QM. This papers goal is to serve more than anything as an entry (...) point for a discussion of metaphysical prospects in the vein of Hegelian Phenomenology and ways in which we can restructure such notions into a theory compatible with current understandings of material reality such that we may be able to make meaningful progress to unraveling more of the mysteries on the composition and unfolding of our reality. (shrink)

By separating the general concept of truth into syntactic truth and semantic truth, this article proposes a new theory of truth to explain several paradoxes like the Liar paradox, Card paradox, Curry’s paradox, etc. By revealing the relationship between syntactic /semantic truth and being-nothing-becoming which are the core concepts of dialectical logic, it is able to formalize dialectical logic. It also provides a logical basis for complexity theory by transferring all reasoning into a directed (cyclic/acyclic) graph (...) which explains both paradoxical and paradox-free reasoning. The different structure between cyclic graphs and acyclic graphs is the key to understanding paradoxes. By explaining the immanent between logic, paradox, and cellular automata, it also illustrates dialectical logic as ontology. (shrink)

This paper analyzes Kendall Walton's theory of depiction and, more specifically, his notion of twofoldness. I argue that (1) Walton’s notion of twofoldness is, in spite of what Walton claims, very different from Richard Wollheim’s and (2) Walton’s notion of twofoldness is inconsistent with the rest of his theory of depiction.

The critical theory of society as a political program takes an important turn in the socalled second stage of Max Horkheimer’s thought. This stage was marked by exile to North America, between 1933 and 1950, where important changes were generated in the critical theory of the Frankfurt author mainly embodied in his works Dialectic of Enlightenment, written together with Theodor Adorno, and Eclipse of reason. In this passage, or evolution of the horkheimerian thought, a theoretical reformulation can be (...) seen in which the utopia of the first stage of his thought is questioned by the lines of history described in the pages of the philosopher. This has not been problematic: the dialectical character of the theory is a central feature of it, and its reformulation, crossed by the phenomenon of the Second World War, focuses mainly on criticism of Western logos. The appreciations of the works have a certain normative character, and although they describe a certain eclipse of the Western reason denied by the same mythified Enlightenment, they imply a final call to human emancipation. -/- The essay intends to cover the main criticisms of the works and show that they do not state the death of critical theory, but rather reinforce its dialectical character as a critical description of the history of society. (shrink)

This article introduces Hegel's Eurocentric philosophy of dialectics in the 19th century and its transformation to Kelly’s planetary paradigm at the turn of the 20th-21st century. The new theory develops Hegel’s thesis—antitheses—synthesis to identity—difference—new-identity which is applicable for the entire human history, including the planetary era. The new triad generalizes Hegel’s mechanic view of nature by suggesting a dominant worldview which is featured by a series of tightening and converging dynamic fractal cycles.

Hegel's interpretation of Sophocles' play Antigone is central to an understanding of woman's role in the Hegelian system. Hegel is fascinated by this play and uses it in both the Phenomenology and the Philosophy of Right to demonstrate that familial ethical life is woman's unique responsibility. Antigone is revealed as the paradigmatic figure of womanhood and family life in both the ancient and modern worlds, although there are fundamental differences between these two worlds for Hegel. Through an immanent critique of (...) both the Phenomenology and the Philosophy of Right which focuses on the role of woman as presented by Hegel in the figure of Antigone, my analysis reveals the limitations of Hegel’s dialectical theory. (shrink)

In this essay, I attempt to measure various prevailing democratic theories against an argument that Carl Schmitt advances in the first chapter of his ‘Crisis of Parliamentary Democracy’. In practice, he claims there, democratic politics is compelled to introduce a distinction between ‘the will of the people’ and the behaviour of the empirical people, thus justifying the bracketing and unlimited suspension of the latter in the name of the former, even to the point of dictatorship. I argue that no contemporary (...) approach to democracy as a fundamental value is able to mount a compelling response to this critique and that we should therefore reconsider the status of democracy as a normative commitment. I proceed by carefully and closely reading Schmitt’s chapter and then by juxtaposing various currents of democratic theory (including liberal, deliberative, epistemic and various hybrids thereof) with the trajectory of Schmitt’s argument. This essay is therefore less of a contribution to Schmitt scholarship, in the sense that it does not take a panoramic view of his corpus to determine his final stance on democracy, and more of an intervention into contemporary democratic theory using Schmitt’s argument as a kind of lever. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be (...) available to pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

This paper takes up Adorno’s aesthetics as a dialectic between philosophy and art. In doing so, I argue that art provides a unique way of mediating between theory and practice, between concepts and experience, and between subjectivity and objectivity, because in art these relations are flexible and left open to interpretation, which allows a form of thinking that can point beyond itself. Adorno thus uses reflection on art as a corrective for philosophy and its tendency towards ideology.

This article explores the effect that communications technology has on hegemonic power. The first section establishes a theoretical framework combining Foucault’s carceral archipelago theory with Chiara Bottici’s concept of the social imaginal describing the medium through which inter- and trans-subjective imagination occurs. The remainder employs this framework to examine how four technological innovations (print media, radio, television and Internet) impact the (re)production of discursive hegemonic ideology, integrating a variety of historical and contemporary theories on public discourse and ideological dominance. (...) I conclude by arguing that each case demonstrates a dialectic pattern that explains the techno-social evolution of the carceral archipelago. (shrink)

The book "Theory of Forms: The Construction of Plato and Aristotle’s Criticism" focuses on two main aspects, construction and criticism. The constriction of Forms theory is the basis on which Plato built all of his philosophy and which influenced all forms of ideas philosophy that emerged after Plato. The research topic was completed by adding Aristotle's critique of the theory of Forms in order to put a clear picture in front of the reader, which was presented by (...) Plato himself and Aristotle's criticism of this theory. -/- Therefore, the book consists four chapters, the first chapter covers the following topics; The philosophical roots of Plato's theory of Forms, The numbers in the Pythagorean school, The Heraclitus' idea of change, Anaxagoras’ idea of Mind, Sophists. Chapter two, Plato's theory of Forms. Definitions of the Forms. The importance of the Forms, The existential and logical significance, Evidence of Forms, Evidence that knowledge is remembering. Chapter Three, Forms and Levels of Knowledge, Dialectic ,Inferential knowledge, Mental knowledge The fourth chapter, The nature of the Forms existence and its being Causes. Forms as numbers and their relationship to movement. The problem of Participation. The final Evaluation of Forms. (shrink)

The aim of this paper is to theorize insurgent political action on the basis of Jean-Paul Sartre’s Critique of Dialectical Reason. It reconstructs a Sartrean model of insurgency that prioritizes an insurgent group’s capacity for situated inventions. It argues that, similar to Fanon, Sartre theorized that groups that struggle against oppression and exploitation constantly invent novel conditions that steer society in unforeseeable directions. However, these inventions of insurgent action are never absolutely contingent but always take place in concrete situations (...) which never cease to condition them. This paper analyses two concrete factors which condition the inventions of insurgent action: the seriality from which the group arises and to which it always threatens to return, and the actions of hostile groups. Taken together, this paper claims that Sartre provides a coherent and innovative account of insurgent political action. (shrink)

Analytic philosophers have, since the pioneering work of B.K. Matilal, emphasized the contributions of Nyāya philosophers to what contemporary philosophy considers epistemology. More recently, scholarly work demonstrates the relevance of their ideas to argumentation theory, an interdisciplinary area of study drawing on epistemology as well as logic, rhetoric, and linguistics. This paper shows how early Nyāya theorizing about argumentation, from Vātsyāyana to Jayanta Bhaṭṭa, can fruitfully be juxtaposed with the pragma-dialectic approach to argumentation pioneered by Frans van Eemeren. I (...) illustrate the implications of this analysis with a case study from Jayanta Bhaṭṭa’s satirical play, Much Ado about Religion (Āgamaḍambara). (shrink)

This paper is part of a project that is based on the notion of a dialectical system, introduced by Magari as a way of capturing trial and error mathematics. In Amidei et al. (2016, Rev. Symb. Logic, 9, 1–26) and Amidei et al. (2016, Rev. Symb. Logic, 9, 299–324), we investigated the expressive and computational power of dialectical systems, and we compared them to a new class of systems, that of quasi-dialectical systems, that enrich Magari’s systems with (...) a natural mechanism of revision. In the present paper we consider a third class of systems, that of p-dialectical systems, that naturally combine features coming from the two other cases. We prove several results about p-dialectical systems and the sets that they represent. Then we focus on the completions of first-order theories. In doing so, we consider systems with connectives, i.e. systems that encode the rules of classical logic. We show that any consistent system with connectives represents the completion of a given theory. We prove that dialectical and q-dialectical systems coincide with respect to the completions that they can represent. Yet, p-dialectical systems are more powerful; we exhibit a p-dialectical system representing a completion of Peano Arithmetic that is neither dialectical nor q-dialectical. (shrink)

This dissertation is an analysis of the development of dialectic and argumentation theory in post-classical Islamic intellectual history. The central concerns of the thesis are; treatises on the theoretical understanding of the concept of dialectic and argumentation theory, and how, in practice, the concept of dialectic, as expressed in the Greek classical tradition, was received and used by five communities in the Islamic intellectual camp. It shows how dialectic as an argumentative discourse diffused into five communities (theologicians, poets, (...) grammarians, philosophers and jurists) and how these local dialectics that the individual communities developed fused into a single system to form a general argumentation theory (adab al-bahth) applicable to all fields. I evaluate a treatise by Shams al-Din Samarqandi (d.702/1302), the founder of this general theory, and the treatises that were written after him as a result of his work. I concentrate specifically on work by Adud al-Din al-Iji (d.756/1355), Sayyid Sharif al-Jurjani (d.816/1413), Taşköprüzâde (d.968/1561), Saçaklızâde (d.1150/1737) and Gelenbevî (d.1205/1791) and analyze how each writer (from Samarqandi to Gelenbevî) altered the shape of argumentative discourse and how later intellectuals in the post-classical Islamic world responded to that discourse bequeathed by their predecessors. What is striking about the period that this dissertation investigates (from 1300-1800) is the persistence of what could be called the linguistic turn in argumentation theory. After a centuries-long run, the jadal-based dialectic of the classical period was displaced by a new argumentation theory, which was dominantly linguistic in character. This linguistic turn in argumentation dates from the final quarter of the fourteenth century in Iji's impressively prescient work on 'ilm al-wad'. This idea, which finally surfaced in the post-classical period, that argumentation is about definition and that, therefore, defining is the business of language—even perhaps, that language is the only available medium for understanding and being understood—affected the way that argumentation theory was processed throughout most of the period in question. The argumentative discourse that started with Ibn al-Rawandi in the third/ninth century left a permanent imprint on Islamic intellectual history, which was then full of concepts, terminology and objectives from this discourse up until the late nineteenth century. From this perspective, Islamic intellectual history can be read as the tension between two languages: the "language of dialectic" (jadal) and the "language of demonstration" (burhan), each of which refer not only to a significant feature of that history, but also to a feature that could dramatically alter the interpretation of that history. (shrink)

Propounded in relation to a peculiar mode in the view of an oscillating or cyclic universe, the concept of Return of Power, or of ontic recurrence as further increase in ontic Power signifies the determination of the existing entity according to its own selective recurrence as dialectically exceeding a previous status. Based thus upon the assumption that the actual ontological existence of the entity lies in its own potentiated recurrence (for it is maintained that only what is able to return (...) to itself as potentiated signifies actual ontological existence) and that an ontic eternal return can only occur in terms of further Power, this notion embodies the culminating phase within change as an ultimate overcoming of a previous ontic status or situation respecting the category Power as a primary criterion within a constantly increasing Real (as Power, precisely). An ontic selective ultimate event respecting becoming as a general increment of the Real, this concept exceeds both the ontic dispersion in nothingness of the linear time and the identical ontic repeatability of the Eternal Return of the Same, the latter insofar as asserting the perennial return of man's own status of powerlessness, and as rendering accordingly impossible any actual (dialectical) transition to a well-defined superior ontic phase. (shrink)

In 2020, an international team of intercultural philosophers and African linguists created a multilinguistic game named Adinkra. This name refers to a medieval rooted symbolic language in Ghana that is actively used by the Akan and especially the Asante among them to communicate indirectly. The Akan is both the meta-ethnic name of the largest Ghanaian cultural-linguistic group of which the Asante is an Akan cultural subgroup and of a Central Tano language of which Asante-Twi is a dialect. The Adinkra symbols, (...) which have permeated Akan life and the arts, can be found e.g. on Asante royal staffs and gold weights. They are also loosely connected to Akan proverbs. The game Adinkra aims to enhance its players’ intercultural communicative, and moral philosophical understanding by matching Adinkra symbols with Akan proverbs. It was created for educational and therapeutical purposes. This article focusses on the rules, the making of Adinkra, its aims and objectives. The objective of this article is twofold. First, it focusses on the game itself. It elaborates on what its rules are and the content of the game. It also focusses on how playing the multilinguistic game, Adinkra can enhance intercultural understanding and communication. It, furthermore, concentrates on the results of a pilot reception study of this game in the Netherlands among intercultural groups of players. This study has proven that the Adinkra game stimulates creative thinking, engagement in dialogue and reflective ethical thinking. For this reason, the authors believe that it has a lot to contribute to intercultural educational programs with a focus on intercultural communication, philosophy and arts in both Africa and the global North. Finally, a section is devoted to the question of how the Adinkra game was developed and methodologically grounded in Gadamer’s playful hermeneutics, and the theories of the Wheel of the Intercultural Art of living and (African) Indigenous Religions. Secondly, the article focusses on the game’s oral-literary storytelling context and Akan moral ideas. It then throws the searchlight on the creative, therapeutic value and its potential to serve as a ‘cultural detox’. The authors and game makers think that being introduced to an African communitarian ethos hidden in the Adinkra symbols and Akan proverbs can help its players to develop a critical eye for the highly individualistic ethos of Western culture that, among others, is promoted by neoliberal thinking and praxis. The word praxis is used by the authors in the meaning found in educational contexts. Adinkra’s players are stimulated to reflect upon a different moral idea, which can change their mindset and put them into action to contribute to social awareness and societal change. (shrink)

This paper reconsiders the Idealistic aesthetics of tragedy from an unconventional point of view. It investigates the relationship between theory and dramatic canon by focusing on those works and authors that are excluded from the canon by the theoretical discourse. My aim is to show that Idealist philosophers and Romantic critics concur in constructing a unitary model of the tragic conflict that is partly defined through its contraposition to the ‘Senecan’ conception of tragedy as a representation of suffering and (...) as a dialectic of passions. Seneca here stands for an entire line of European dramaturgy, which involves Shakespeare and culminates in French Classicism. This contrast does not merely concern a literary model, but also, more generally, the conception of subjectivity underlying the dramaturgy of passions. This paper thus helps to shed light on the controversial relationship between the idealistic philosophy of the tragic with modern tragedy at large. -/- Keywords: Theory of Tragedy, Idealism, Seneca, Hegel, Pathos . (shrink)

The scope of my considerations here is defined along two lines, which seem to me of essential relevance for a theory of dialectic. On the one hand, the form of negation that – as self-referring antinomical negation – gains a quasi-semantic expulsory force [Sprengkraft] and therewith a forwarding [weiterverweisenden] character; on the other hand, the notion that every logical category is defective insofar as the explicit meaning of a category does not express everything that is already implicitly presupposed for (...) its meaning. Both lines are tightly interwoven. This I would like to demonstrate with the example of the dialectic of Being and Non-Being at the beginning of the Hegelian Logic. I will first make visible the basic structures of dialectical argumentation (sections II and III) – whereby certain revisions will turn out to be necessary in comparison with Hegel’s actual argument. Thereby it proves essential that the whole apparatus of logical categories and principles must be always already available and utilized for the dialectical explication: proving dialectic as a self-explication of logic by logical means: dialectic, as it were, as the self-fulfillment of logic (sections IV–VI). (shrink)

Since Ricoeur has largely been identified with hermeneutics, he is very seldom associated with critical theory – a regrettable case since his hermeneutics actually holds the access to his critical theory. Hence in this paper I will explore the critical side of Ricoeur’s hermeneutics within the sphere of his interpretation of symbols. It is hoped that through this venture some of the aspects of the frequently ignored, disregarded, and forgotten relationship between Ricoeur’s hermeneutics and critical theory, will (...) be brought to light. (shrink)

Contemporary theories of consciousness can be divided along several major fault lines, but one of the most prominent concerns the question of whether they accept the principle that a mental state's being conscious involves essentially its subject being aware of it. Call this the awareness principle: For any mental state M of a subject S, M is conscious only if S is aware of M. Although analytic philosophers divide sharply on whether to accept the principle, the philosophy-of-mind literature appears to (...) contain mainly arguments against it, rather than for it. One reason is that those who accept the principle often find themselves in a certain dialectical... (shrink)

Propaganda is one of the most apparent avenues of ideological struggle. Amidst the battlefield in the social consciousness, the purpose of this study is to forward revolutionary ideology through intensification of revolutionary propaganda, specifically the pamphlet. It is a crucial step for revolutionaries in the aim to forward their methods of propaganda writing to overcome the illness of stereotypical propaganda writing as described by Mao Zedong. Stereotypical propaganda writing in the practice of progressive propaganda leads to a genesis of a (...) manufactured language characterized by the alienation of the masses from the language of revolutionaries and the alienation of revolutionary-propagandists from the practical experience of the masses. To overcome stereotypical propaganda writing, revolutionary propagandists must have a semiotic framework and a dialectical-materialist understanding of their relationship as Author-propagandists with the Reader-masses. By incorporating modest authorial-intentionalism from E.D. Hirsch and the Model-Reader theory of Umberto Eco into textual relationships, the role and the purpose of the sign as a medium in communicating ideologies can be established. In the process, it poses an alternative against the prevalent post-structuralist view of semantic autonomy and reader-response theory in the field of literary criticism. This paper also uses V.N. Voloshinov’s linguistic theory as the framework for semantico-pragmatic linguistic relations and social intercourse as the material base of the sign. (shrink)

This dissertation explores how antiquity and some of its early modern admirers understand the notion of certainty, especially as it is theorized in Quintilian's Institutio Oratoria, a first-century educational manual for the aspiring orator that defines certainty in terms of consensus. As part of a larger discussion of argumentative strategies, Quintilian turns to the “nature of all arguments,” which he defines as “reasoning which lends credence to what is doubtful by means of what is certain” (ratio per ea quae certa (...) sunt fidem dubiis adferens: quae natura est omnium argumentorum, V.10.8). These certainties, he later specifies, include not matters of scientific demonstration or objective fact, but the agreements of various communities: the laws of cities, local customs, and other forms of consensus. As the foundation of persuasive rhetoric, these consensus-based certainties situate argumentation as the practice of crafting agreements rather than demonstrating necessary conclusions. Taking as its point of departure Quintilian's novel understanding of certainty, this study looks to some of Quintilian's intellectual forebears as well as his later readers to show how his work is both a nexus of earlier intellectual developments as well as an important inspiration for later accounts of certainty, even into the early modern period. After illustrating in the first chapters of this dissertation how Quintilian's manual incorporates elements from Aristotelian notions of dialectic and rhetoric as well as from Ciceronian skeptical approaches to epistemology, I show how Quintilian's curriculum for the orator shapes the thought of Italian humanists, especially that of Lorenzo Valla (1406–1457), a reformer of scholastic logic and dialectic, and Giambattista Vico (1668–1744), an influential Neapolitan jurist. Adopting Quintilian's rendering of certainty as a matter of agreements and conventions, these later authors elaborate their own novel approaches to various fields—including law, language, and logic—through this ancient understanding of certum. Contrary to modern notions of certainty as objective or scientific fact, Quintilian's humanist readers continue to root this concept in consensus, both within the courtroom and without. (shrink)

This paper reconstructs and defends Kant's argument for the transcendental status of reason's principles of the systematic unity of nature in the Appendix to the Transcendental Dialectic. On the present account, these principles are neither mere methodological recommendations for conducting scientific inquiry nor do they have the normative force of categorical imperatives, two extant interpretations of Kant's discussion of reason in the Appendix. Instead, they are regulative yet transcendental principles restricted to theoretical cognition. The principles of the systematic unity of (...) nature count as transcendental in virtue of their role as conditions of the inferential articulation of empirical concepts. (shrink)

An argumentation profile is defined as a methodological instrument for analyzing argumentative discourse considering distinct and interrelated dimensions: the types of argument used, their quality, and the emotions triggered. Walton’s theoretical contributions are developed as a coherent analytical and multifaceted toolbox for capturing these aspects. Argumentation schemes are used to detect and quantify the types of argument. Fallacy analysis and the assessment of the implicit premises retrieved through the schemes allow evaluating arguments. Finally, the frequency of emotive words signals (...) the most common emotions aroused. This method is illustrated through a corpus of argumentative tweets of three politicians. (shrink)