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, 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)

In this dialogue, I illustrate why moral arguments from analogy are a valuable part of moral reasoning by considering how texting while driving is, morally speaking, no different than drunk driving.

The reasoning process of analogy is characterized by a strict interdependence between a process of abstraction of a common feature and the transfer of an attribute of the Analogue to the Primary Subject. The first reasoning step is regarded as an abstraction of a generic characteristic that is relevant for the attribution of the predicate. The abstracted feature can be considered from a logic-semantic perspective as a functional genus, in the sense that it is contextually essential for the (...) attribution of the predicate, i.e. that is pragmatically fundamental (i.e. relevant) for the predica-tion, or rather the achievement of the communicative intention. While the transfer of the predicate from the Analogue to the analogical genus and from the genus to the Primary Subject is guaranteed by the maxims (or rules of inference) governing the genus-species relation, the connection between the genus and the predicate can be complex, characterized by various types of reasoning patterns. The relevance relation can hide implicit arguments, such as an implicit argument from classification , an evaluation based on values, consequences or rules, a causal relation, or an argument from practical reasoning. (shrink)

It is a common view that arguments from analogy can only be evaluated on a case-by-case basis. However, while this reflects an important insight, I propose instead a relatively simple method for their evaluation based on just (i) their general form and (ii) four core questions. One clear advantage of this proposal is that it does not depend on any substantial (and controversial) view of similarity, unlike influential current alternative methods, such as Walton’s. Following some initial clarification of (...) the notion of analogy and similarity, I demonstrate the strength of this method by analysing and evaluating three prominent arguments from analogy. (shrink)

Sāṁkhya philosophy is the oldest philosophical school. Sāṁkhya philosophy explains the universe accepting only two fundamental categories which are prakṛṭi and puruṣa- where prakṛṭi is unconsciously active and puruṣa is consciously inactive. Similarly, Sāṁkhya philosophy discusses the mind-body relation in terms of puruṣa and prakṛṭi. Sāṁkhya also talks about the subjective identity as well as objective world. Although Sāṁkhya discusses about manyness of selves (bahu-puruṣa), but there is an argument that Sāmkhya philosophy would not establish the existence of other (...) minds. So, the argument of Sāṁkhya for other minds seems to stop midway. In this paper, I purport to discuss Sāṁkhya perspective and existence of other minds presented in Sāṁkhya philosophy. The paper also critically examines the Sāṁkhyakārikā of Īswarakṛṣṇa to bring out the possibility of epistemological argument of the other minds. (shrink)

Philosophers of perception are familiar with the argument from illusion, at least since Hume formulated it to challenge a naïve form of realism. In this paper, I present an analogous argument but in the domain of action. It focuses on slips, a common kind of mistake. But, otherwise, it is structurally similar. The argument challenges some contemporary views about the nature of action inspired by Wittgenstein. The discussion shows how thinking about these common mistakes helps illuminate (...) aspects of human agency that tend to be overlooked whenever too much emphasis is placed on the rationality of human actions. (shrink)

The author puts forward and defends a new argument for indirect realism called the argument from pain. The argument is akin to a well-known traditional argument to the same end, the argument from hallucination. Like the latter, it contains one premise stating an analogy between veridical perceptions and certain other states and one premise stating that those states are states of acquaintance with sense-data. The crucial difference is that the states that are (...) said to be analogous to veridical perceptions are pain-states instead of hallucinations. This difference makes the argument from pain immune to the standard objections against the argument from hallucination. (shrink)

Some versions of the doctrine of divine simplicity imply that God lacks really differentiated parts. I present a new argument against these views based on divine beauty. The argument proceeds as follows: God is beautiful. If God is beautiful, then this beauty arises from some structure. If God’s beauty arises from a structure, then God possesses really differentiated parts. If these premises are true, then divine simplicity is false. I argue for each of the argument’s (...) premises and defend it against objections, including an objection based on analogical predication, and an objection that supposes that God is simple while appearing complex. (shrink)

In this essay for a PPR book symposium on Theodore Sider's _Four-Dimensionalism<D>, I focus on two of Sider's arguments for four-dimensionalism: (i) his argument from vagueness, and (ii) his argument from time travel. Concerning (i), I first show that Sider's argument commits him to certain strange consequences that many four-dimensionalists may not endorse, and then I discuss an objection that involves appealing to 'brutal composition', the view that there is no informative answer to Peter van (...) Inwagen's 'special composition question'. Concerning (ii), I argue that the three-dimensionalist can account for time travel scenarios in a way that is analogous to Sider's four-dimensionalist account of such scenarios. (shrink)

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent (...) fundamental semantic features of the terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

James Sterba describes the egoist as thinking only egoist reasons decide the rationality of choices of action, the altruist, only altruistic reasons, that each in effect begs the question of what reasons there are against the other, and that the only non-question-begging and therefore rationally defensible position in this controversy is the middle-ground position that high-ranking egoistic reasons should trump low ranking-altruistic considerations and vice versa, this position being co-extensive with morality. Therefore it is rationally obligatory choose morally. I object (...) that the mere fact that a position is intermediate between two extremes does not mean it isn’t question-begging; that Sterba’s style of argument could be used to prove anything and therefore proves nothing; that it can be used to prove obvious falsehoods and therefore doesn’t necessarily track the truth; that it can be used to prove the truth of contingent, empirically obvious falsehoods when, since it is necessary a prior that one ought to be moral, something can be a good argument for the rationality of morality only if the argument’s style would entail only truths necessary a priori; that Sterba’s argument cannot inherit plausibility from what Sterba describes as the decision theoretic idea that when choosing among options where we have no evidence that one is more appropriate than the other, we must treat them as equally choice-worthy, since there is no such idea in decision theory, and shouldn’t be (for when, for example, there is no evidence that x exists and no evidence that x does not exist, one should believe that x does not exist; one should not chose as if x’s existence and non-existence were equally likely); that Sterba’s argument style is not analogous to the compromise strategies recommended in bargaining theory, nor in negotiating situations (although it would profit Sterba to consider David Gauthier’s approach in seeking to demonstrate that morality is both a middle ground between egoism and altruism, and is rationally obligatory); that it is problematic to see egoistic and altruistic reasons as commensurable and therefore admitting of a middle ground, especially a unique middle ground; that in any case, egoistic and altruistic reasons are not exhaustive of the reasons there could be; that the only sense in which moving to middle ground results in the parties not begging the question against each other is that it means they would be agreeing with each other and therefore not holding positions against each other, whether question-beggingly or otherwise, a fact which offers neither any rationally compelling reason to move her position closer to that of the other (for how can the mere fact that if we agreed we wouldn’t be begging the question against each other be a reason to agree?); and that even if morality is both rationally obligatory and a middle ground between egoism and altruism, it won’t be in any interesting sense true that this holds because the alternative would be question-begging, which means that analyzing the basis of the rationality of morality as being found in this principle of argumentation theory misconceives the nature of morality. (shrink)

The paper explores the handling of singular analogy in quantitative inductive logics. It concentrates on two analogical patterns coextensive with the traditional argument from analogy: perfect and imperfect analogy. Each is examined within Carnap’s λ-continuum, Carnap’s and Stegmüller’s λ-η continuum, Carnap’s Basic System, Hintikka’s α-λ continuum, and Hintikka’s and Niiniluoto’s K-dimensional system. Itis argued that these logics handle perfect analogies with ease, and that imperfect analogies, while unmanageable in some logics, are quite manageable in others. (...) The paper concludes with a modification of the K-dimensional system that synthesizes independent proposals by Kuipers and Niiniluoto. (shrink)

Doing Practical Ethics supports the deliberate practice of philosophical skills relevant to understanding, evaluating, and developing arguments in forms commonly used in the field of practical ethics. Each chapter includes an explanation of a specific moral reasoning skill, demonstration exercises with sample solutions that offer students immediate feedback on their initial practice attempts, and extensive sets of practice exercises. It is suitable for any ethics course that centrally features argument from principle, argument from analogy, or (...) inference to the best explanation. It may be used as a standalone text in a debate-focused course. Paired with an anthology in a readings-focused course, it will help students develop the skills they need to understand and evaluate the arguments in the assigned readings. (shrink)

Kant’s argument in the First Analogy for the permanence of substance has been cast as consisting of a simple quantifierscope mistake. Kant is portrayed as illicitly moving from a premise such as (1) at all times, there must exist some substance, to a conclusion such as (2) some particular substance must exist at all times. Examples meant to show that Kant makes this mistake feature substances coming into and out of existence, but doing so at overlapping times. (...) I argue that Kant offers an argument against this kind of example in the following passage. Kant’s claim is that, were substances to be created and destroyed as in the example, the appearances would then be related to two different times, in which existence flowed side by side, which is absurd. For there is only one time, in which all different times must not be placed simultaneously but only one after another (A188–9/B231–32). (shrink)

We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of (...) arguments of this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (shrink)

This essay (a revised version of my undergraduate honors thesis at Stanford) constructs a theory of analogy as it applies to argumentation and reasoning, especially as used in fields such as philosophy and law. The word analogy has been used in different senses, which the essay defines. The theory developed herein applies to analogia rationis, or analogical reasoning. Building on the framework of situation theory, a type of logical relation called determination is defined. This determination relation solves a (...) puzzle about analogy in the context of logical argument, namely, whether an analogous situation contributes anything logically over and above what could be inferred from the application of prior knowledge to a present situation. Scholars of reasoning have often claimed that analogical arguments are never logically valid, and that they therefore lack cogency. However, when the right type of determination structure exists, it is possible to prove that projecting a conclusion inferred by analogy onto the situation about which one is reasoning is both valid and non-redundant. Various other properties and consequences of the determination relation are also proven. Some analogical arguments are based on principles such as similarity, which are not logically valid. The theory therefore provides us with a way to distinguish between legitimate and illegitimate arguments. It also provides an alternative to procedures based on the assessment of similarity for constructing analogies in artificial intelligence systems. (shrink)

Can fictional narration yield knowledge in a way that depends crucially on its being fictional? This is the hard question of literary cognitivism. It is unexceptional that knowledge can be gained from fictional literature in ways that are not dependent on its fictionality (e.g., the science in science fiction). Sometimes fictional narratives are taken to exhibit the structure of suppositional argument, sometimes analogical argument. Of course, neither structure is unique to narratives. The thesis of literary cognitivism would (...) be supported if some novels exhibit a cogent and special argument structure restricted to fictional narratives. I contend that this is the case for a kind of transcendental argument. The reason is the inclusion and pattern of occurrence of the predicate ‘believable’ in the schema. Believability with respect to fictional stories is quite a different thing than it is with respect to nonfictional stories or anything else. (shrink)

The Logic of Analogy is a study of the valid logical forms of qualitative and quantitative analogical argument, and the rules pertaining to them. It investigates equally valid conflicting arguments, statistics-based arguments and their utility in science, arguments from precedent used in law-making or law-application, and examines subsumption in analogical terms. Included for purposes of illustration is a large section on Talmudic use of analogical reasoning.

Garrett Cullity concedes that saving a drowning child from a shallow pond at little cost to oneself is not actually analogous to giving money to a poverty relief organization like Oxfam. The question then arises whether this objection is fatal to Peters Singer's argument for a duty of assistance or whether it can be saved anyway. Cullity argues that not saving the drowning child and not giving money to organizations like Oxfam are still morally analogous, that is, not (...) giving money to organizations like Oxfam is morally nearly as bad as letting the child drown. I argue that Cullity's two arguments for this conclusion, an argument from "transitivity" and an argument from collective responsibility, fail. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, arguing (...) that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (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)

I argue that Stephen Wykstra’s much discussed Parent Analogy is helpful in responding to the evidential problem of evil when it is expanded upon from a positive skeptical theist framework. This framework, defended by John Depoe, says that although we often remain in the dark about the first-order reasons that God allows particular instances of suffering, we can have positive second-order reasons that God would create a world with seemingly gratuitous evils. I respond to recent challenges to the (...) Parent Analogy by arguing that God, like a good parent, wants a rightly ordered relationship of mutual love with created beings. (shrink)

This chapter states the contrast between presumptivism about testimonial warrant (often called anti-reductionism) and strict reductionism (associated with Hume) about testimonial warrant. Presumptivism sees an analogy with modest foundationalism about perceptual warrant. Strict reductionism denies this analogy. Two theoretical frameworks for these positions are introduced to better formulate the most popular version of persumptivism, a competence reliabilist account. Seven arguments against presumptivism are then stated and critiqued: (1) The argument from reliability; (2) The argument (...) class='Hi'>from reasons; (3) the argument from positive reasons; (4) the argument from negative reasons; (5) the argument from agency; (6) the argument from psychological force; and (7) the argument from gullibility. If presumptivm is false, it is not for any of these arguments. (shrink)

The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises in (...) students’ argumentative reasoning and retrieving the background beliefs that are the basis of their arguments. On this perspective, the process of premise reconstruction is followed by a heuristic reasoning process aimed at discovering the students’ previous intuitions that can explain the premises and concepts that are left unexpressed in their arguments. The theoretical insights advanced in this paper are illustrated through selected examples taken from activities concerning predictive claims on scientific issues. (shrink)

This paper makes two main arguments. First, that to understand analogy in St. Thomas Aquinas, one must distinguish two logically distinct concepts he inherited from Aristotle: one a kind of likeness between things, the other a kind of relation between linguistic functions. Second, that analogy (in both of these senses) plays a relatively small role in Aquinas's treatment of divine naming, compared to the realist semantic framework in which questions about divine naming are formulated and resolved, and (...) on which the coherence of the doctrine of divine simplicity—which is what gives rise to the questions of divine naming in the first place—depends. (shrink)

This paper describes a cubic water tank equipped with a movable partition receiving various amounts of liquid used to represent joint probability distributions. This device is applied to the investigation of deductive inferences under uncertainty. The analogy is exploited to determine by qualitative reasoning the limits in probability of the conclusion of twenty basic deductive arguments (such as Modus Ponens, And-introduction, Contraposition, etc.) often used as benchmark problems by the various theoretical approaches to reasoning under uncertainty. The probability bounds (...) imposed by the premises on the conclusion are derived on the basis of a few trivial principles such as "a part of the tank cannot contain more liquid than its capacity allows", or "if a part is empty, the other part contains all the liquid". This stems from the equivalence between the physical constraints imposed by the capacity of the tank and its subdivisions on the volumes of liquid, and the axioms and rules of probability. The device materializes de Finetti's coherence approach to probability. It also suggests a physical counterpart of Dutch book arguments to assess individuals' rationality in probability judgments in the sense that individuals whose degrees of belief in a conclusion are out of the bounds of coherence intervals would commit themselves to executing physically impossible tasks. (shrink)

Basal cognition investigates cognition working upward from nonneuronal organisms. Because basal cognition is committed to empirically testable hypotheses, a methodological challenge arises: how can experiments avoid using zoocentric assumptions that ignore the ecological contexts that might elicit cognitively driven behavior in nonneuronal organisms? To meet this challenge, I articulate the principle of dynamic holism (PDH), a methodological principle for guiding research on nonneuronal cognition. I describe PDH’s relation to holistic research programs in human-focused cognitive science and psychology then present (...) an argument from analogy based on holistic developmental biology. Last, I examine two experiments exemplifying the need for PDH. (shrink)

In her short story “Stable Strategies for Middle Management,” Eileen Gunn imagines a future in which Margaret, an office worker, seeks radical genetic enhancements intended to help her secure the middle-management job she wants. One source of the story’s tension and dark humor is dramatic irony: readers can see that the enhancements Margaret buys stand little chance of making her life go better for her; enhancing is, for Margaret, probably a prudential mistake. This paper argues that our positions in the (...) real world are sufficiently similar to Margaret’s position in Gunn’s fictional world that we should take this story seriously as grounding an argument from analogy for the conclusion that radical genetic enhancements are, for us, probably a prudential mistake. The paper then defends this method. When the question at hand is one of speculative ethics, there is no method better fit to the purpose than argument from analogy to speculative fiction. (shrink)

In ‘My body, not my choice: against legalised abortion’, Hendricks offers an intriguing argument that suggests the state can coerce pregnant women into continuing to sustain their fetuses. His argument consists partly in countering Boonin’s defence of legalised abortion, followed by an argument from analogy. I argue in this response article that his argument from analogy fails and, correspondingly, it should still be a woman’s legal choice to have an abortion. My key (...) point concerns the burdensomeness of pregnancy which is morally relevant to the question of whether the state can coerce people to use their bodies to help another person. (shrink)

The overarching goal of this book is to differentiate and provide a highly detailed descriptive account of a specific class of arguments. To simplify, let us consider the following example: suppose one aims to persuade that “Julius Caesar was a criminal.” To support that claim various arguments may be formulated, such as: a) Joseph Stalin murdered his political opponents who openly opposed him, thus he was a criminal. Julius Caesar did the same. Therefore, if Stalin was a criminal, then Caesar (...) was also a criminal. b) Most historians studying the history of the Roman Empire consider Julius Caesar to be a criminal, so he was one. c) The majority of people believe Julius Caesar was a criminal, so he was one. d) Anyone who murders or orders the killing of others is a criminal—regardless of whether it’s in defense of the country or to maintain power. Julius Caesar issued orders resulting in thousands of deaths, so he was a criminal. Argumentation theory distinguishes and extensively describes different types of arguments, each with its own definition, argumentation scheme, subtypes, and criteria for evaluation. We may, therefore, identify that: example (a) employs the argument from analogy, (b) is an argument from authority (ad auctoritate), and (c) is an argument from popular opinion (ad populum). What about (d)? Is there a theory for such arguments? Argument in the example (d) establishes the meaning of “criminal” by extending it to those who lead troops into battle or kill in self-defense, and in this way, Caesar can also be included in the extension of a “criminal” (regardless of whether he committed genocide or simply won battles). Although there are many concepts in argumentation theory and informal logic that explain various aspect of such arguments (e.g., persuasive definitions and persuasive quasi-definitions, attributions, classification arguments, etc.) there is no theory for such arguments—or rather—there was no until now. This book is aimed to provide a concept, classification, and assessment criteria for arguments which fix the meaning to support persuasion—namely, semantic arguments. Semantic arguments manifest themselves as a common and very powerful means of persuasion in various areas of human activity, including political discourse, advertising, science, law, and philosophy. This can be illustrated through an analysis of some examples: e.g., the redefinition of “planet” proposed in 2008 to exclude Pluto from the scope of this concept, the redefinition of the term “wetland” put forward by G.W. Bush in 1988, modifications of the definition of “human being” in disputes about abortion, or the definition of “vehicle” in cases of accidents involving electric scooters. The book’s goal is to provide a model of semantic argument—differentiating arguments that fix meaning for persuasive purposes, providing definition and scheme, constructing a comprehensive classification, and developing assessment criteria. This broader aim also fills a gap in argumentation theory regarding our understanding of semantic arguments and their actual and potential applications. (shrink)

In 1935, the Nazi government introduced what came to be known as the abrogation of the pro- hibition of analogy. This measure, a feature of the new penal law, required judges to stray from the letter of the written law and to consider instead whether an action was worthy of pun- ishment according to the ‘sound perception of the people’ and the ‘underlying principle’ of existing criminal statutes. In discussions of Nazi law, an almost unanimous conclusion is that (...) a system of criminal law ought not to contain legislation of this sort. This conclusion is often based on how the abro- gation relates to the normative claim that the law ought to be predictable. In particular, it has been argued that since the law ought to be predictable, and since this type of analogy legis- lation implied, caused or contributed to the diminution of the law’s predictability, this type of legislation ought to be prohibited. In this paper, we argue that this argument is not entirely correct. While we believe that the law ought to be predictable and that there is evidence for the claim that the Nazis’ intro- duction of analogical reasoning implied, caused, or contributed to a diminution of predictability, this fact is logically too weak to ground the conclusion that necessarily a penal system ought not to contain legislation of this kind. Despite the undeniable wickedness of the Nazi penal system, this type of analogical reasoning can be made consistent with the pre- dictability of the law. We argue that consistency of this sort depends on whether the use of analogy is supplemented by certain contextual background conditions. The occurrence of these conditions blocks an inference from the fact that the law ought to be predictable to the conclusion that a penal system ought not to allow for this type of analogical reasoning. (shrink)

This collection highlights the new trend away from rationalism and toward empiricism in the epistemology of modality. Accordingly, the book represents a wide range of positions on the empirical sources of modal knowledge. Readers will find an introduction that surveys the field and provides a brief overview of the work, which progresses from empirically-sensitive rationalist accounts to fully empiricist accounts of modal knowledge. Early chapters focus on challenges to rationalist theories, essence-based approaches to modal knowledge, and the prospects (...) for naturalizing modal epistemology. The middle chapters present positive accounts that reject rationalism, but which stop short of advocating exclusive appeal to empirical sources of modal knowledge. The final chapters mark a transition toward exclusive reliance on empirical sources of modal knowledge. They explore ways of making similarity-based, analogical, inductive, and abductive arguments for modal claims based on empirical information. Modal epistemology is coming into its own as a field, and this book has the potential to anchor a new research agenda. (shrink)

In the present paper I investigate the role that analogy plays in eighteenth-century biology and in Kant’s philosophy of biology. I will argue that according to Kant, biology, as it was practiced in the eighteenth century, is fundamentally based on analogical reflection. However, precisely because biology is based on analogical reflection, biology cannot be a proper science. I provide two arguments for this interpretation. First, I argue that although analogical reflection is, according to Kant, necessary to comprehend the nature (...) of organisms, it is also necessarily insufficient to fully comprehend the nature of organisms. The upshot of this argument is that for Kant our understanding of organisms is necessarily limited. Second, I argue that Kant did not take biology to be a proper science because biology was based on analogical arguments. I show that Kant stemmed from a philosophical tradition that did not assign analogical arguments an important justificatory role in natural science. Analogy, according to this conception, does not provide us with apodictically certain cognition. Hence, sciences based on analogical arguments cannot constitute proper sciences. (shrink)

Historically, many Christians have understood God’s transcendence to imply God’s properties categorically differ from any created properties. For multiple historical figures, a problem arose for religious language: how can one talk of God at all if none of our predicates apply to God? What are we to make of creeds and Biblical passages that seem to predicate creaturely properties, such as goodness and wisdom, of God? Thomas Aquinas offered a solution: God is to be spoken of only through (...) class='Hi'>analogy (the doctrine of analogy). Gavin Hyman argues Aquinas’s doctrine of analogy was neglected prior to the early-modern period and the neglect of analogy produced the conception of a god vulnerable to atheistic arguments. Contra Hyman, in this paper, I show early-modern atheism arose in a theological context in which there was an active debate concerning analogy. Peter Browne (1665–1735) and William King (1650–1729) offered two competing conceptions of analogical predication that were debated through the 19th century, with interlocutors such as the freethinker Anthony Collins (1676–1729), theologian/philosopher George Berkeley (1685–1753), and skeptic David Hume (1711–1776). Lastly, I discuss the 18th century debate over theological analogy as part of the background relevant to understanding Hume’s Dialogues Concerning Natural Religion. (shrink)

Bringsjord and Licato provide a general meta-argument that cyberwarfare is so different from traditional kinetic warfare that no argument from analogy can allow the just war theory of Augustine and Aquinas to be pulled over from traditional warfare to cyberwarfare. I believe that this meta-argument is sound and that it applies not just to cyberwarfare: in particular, on my reading of the meta-argument, argument from analogy has never been adequate (...) to allow JWT to be applied to the kind of warfare that we are familiar with now. (shrink)

In response to recent controversies about racial transitioning, I provide an argument that deceptions about ancestry may sometimes constitute fraud. In order to arrive at this conclusion, I criticize the arguments from analogy made famous by Rebecca Tuvel and Christine Overall. My claim is that we should not think of racial transitioning as similar to gender transitioning, because different identity groups possess different kinds of obstacles to entry. I then provide historical surveys of American racial categories and (...) the various types of passing common in American history, in order to distinguish the potentially fraudulent from the relatively innocent styles of passing. (shrink)

I outline and defend a version of the aesthetic argument for the existence of God, according to which theism explains our capacity for subjective aesthetic experience better than its major competitor, naturalism. I argue that naturalism fails to adequately explain the nature and range of our aesthetic experiences, since these are amenable neither to standard Darwinian explanation nor to explanation in terms of more complex sociobiological mechanisms such as sexual selection or between-group selection. I concede that aesthetic experience may (...) be an evolutionary spandrel but argue that the conjunction of this thesis with naturalism is highly improbable given the prevalence of beauty in the natural world. Theism, on the other hand, furnishes a robust personal explanation of aesthetic experience, since on theism God has both good reasons to bring such experiences about and the power to do so. I address an objection to the theistic explanation from broadly negative aesthetic experiences, arguing that God plausibly has many reasons to allow these. I contend that this formulation of the argument is superior to other extant versions, since it does not depend on controversial probability judgments, dubious analogies between natural phenomena and human artefacts, or objectivism about aesthetic values. (shrink)

Many prominent proponents of Old and New Natural Law morally condemn sexual acts between people of the same sex because those acts are incapable of reproduction; they each offer a distinct set of supporting reasons. While some New Natural Law philosophers have begun to distance themselves from this moral condemnation, there are not many similarly ameliorative efforts within Old Natural Law. I argue for the bold conclusion that Old Natural Law philosophers can accept the basic premises of Old Natural (...) Law without also being committed to morally condemning sexual activity between people of the same sex. I develop an argument from analogy that shows how we can draw metaphysically distinct sub‐categories based on someone's capacity to experience the unitive goods of sex. This unitive capacity constitutes the sub‐category and provides a distinct principle for evaluating how members of that sub‐category (X) act as members of that sub‐category, rather than as acting as defective members of another category (Y). Even though my argument is ‘internal’ to Old Natural Law, I conclude by showing how these conclusions can also address some of the objections to same‐sex sex in New Natural Law. (shrink)

In this paper, I defend the view that the requested euthanasia of adults is morally permissible and should be legalised; I use an argument from analogy which compares physician-assisted euthanasia with morally less ambiguous and, in my opinion, an acceptable instance of mercy killing. I also respond to several objections that either try to prove that the instance of mercy killing is not acceptable, or that there is a fundamental difference between these two cases of killing. Furthermore, (...) in the remainder of the paper I defend the moral permissibility and legalisation of euthanasia against several objections that appeared in local disputes on this issue, based on the concepts of the limits of freedom, the slippery slope, and the needlessness of euthanasia. (shrink)

The problem of animal consciousness has profound implications on our concept of nature and of our place in the natural world. In philosophy of mind and cognitive neuroscience the problem of animal consciousness raises two main questions (Velmans, 2007): the distribution question (“are there conscious animals beside humans?”) and the phenomenological question (“what is it like to be a non-human animal?”). In order to answer these questions, many approaches take into account similarities and dissimilarities in animal and human behavior, e.g. (...) the use of language or tools and mirror self-recognition (Allen and Bekoff, 2007), however behavioral arguments don’t seem to be conclusive (Baars, 2005). Cognitive neuroscience is providing comparative data on structural and functional similarities, respectively called “homologies” and “analogies”. Many experimental results suggest that the thalamocortical system is essential for consciousness (Edelman and Tononi, 2000; Tononi, 2008). The argument from homology states that the general structure of thalamocortical system remained the same in the last 100-200 million years, for it is neuroanatomically similar in all the present and past mammals and it didn’t change much during phylogeny (Allen and Bekoff, 2007). The argument from analogy states that the key functional processes correlated with consciousness in humans are still present in all other mammals and many other animals (Baars, 2005). These processes are information integration through effective cortical connectivity (Massimini et al., 2005; Rosanova et al., 2012) and elaboration of information at a global level (Dehaene and Changeux, 2011). On this basis, the Cambridge Declaration on Consciousness states that all mammals, birds, and many other animals (such as octopuses) possess the neurological substrates of consciousness (Low et al., 2012). Conscious experience is private (Chalmers, 1995; Nagel, 1974) therefore the answer to the phenomenological question may be impossible. Nevertheless, cognitive neuroscience may provide an answer to the distribution question, showing that conscious experience is not limited to humans since it is a major biological adaptation going back millions of years. (shrink)

There is an emerging consensus within Natural Law that explains transgender identity as an “embodied misunderstanding.” The basic line of argument is that our sexual identity as male or female refers to our possible reproductive roles of begetting or conceiving. Since these two possibilities are determined early on by the presence or absence of a Y chromosome, our sexual identity cannot be changed or reassigned. I develop an argument from analogy, comparing gender and language, to show (...) that this consensus is premature. Language and gender imbue our body with further social meaning and so, I conclude, that just as we can learn multiple languages, so too can we learn multiple genders. Since language and gender each constitutively contribute to our wellbeing as a “second nature,” I argue against this consensus to show that the reason people who are transgender struggle to flourish is not because of a “troubled trans psyche,” but because there are conceptual, interpersonal, and institutional obstacles stacked against them. (shrink)

In this paper, I respond to Michael Huemer’s reply to my objection against Phenomenal Conservatism (PC). I have argued that Huemer’s Self-defeat Argument for PC does not favor PC over competing theories of basic propositional justification, since analogous self-defeat arguments can be constructed for competing theories. Huemer responds that such analogous self-defeat arguments are unsound. In this paper, I argue that Huemer’s reply does not save his Self-defeat Argument for PC from my original objection.

This paper examines Kant’s treatment of the design argument for the existence of God, or physicotheology. It criticizes the interpretation that, for Kant, the assumption of intelligent design satisfies an internal demand of inquiry. It argues that Kant’s positive appraisal of physicotheology is instead better understood on account of its polemical utility for rebutting objections to practical belief in God upon which Kant’s ethicotheological argument rests, and thus as an instrument in the transition from theoretical to practical (...) philosophy. Kantian physicotheology plays this role a) by criticizing alternative speculative accounts of the ground of nature, and b) by analogizing from the structure of finite rational agency in order to represent more clearly the action of an ideal agent. (shrink)

Citizenship and marriage are legal statuses that generate numerous privileges and responsibilities. Legal doctrine and argument have analogized these statuses in passing: consider, for example, Ted Olson’s statement in the Hollingsworth v. Perry oral argument that denying the label “marriage” to gay unions “is like you were to say you can vote, you can travel, but you may not be a citizen.” However, the parallel between citizenship and marriage has rarely been investigated in depth. This paper investigates the (...) marriage-citizenship parallel with a particular focus on three questions prompted by recent developments in law and policy: -/- 1) Should we provide second-best statuses? Some couples — in particular gay and lesbian couples — have been offered permanent statuses, like civil unions, that bear legal privileges but fall short of full marriage equality. In contrast, similar differentiations within citizenship are generally resisted. The history of citizenship may presage the increasing unacceptability of differentiations within status in the gay marriage context. Meanwhile, the history of marriage equality efforts may help present-day citizenship advocates choose legal strategies. -/- 2) Should statuses be a gateway to rights? Some early gay rights advocates unsuccessfully argued that advocates should challenge the primacy of marriage, rather than seek access to the institution. Advocates attempting to expand the rights of current noncitizens face similar choices: should they seek to give current noncitizens greater access to citizenship, or challenge the reservation of important rights to citizens? -/- 3) Can status relationships be plural? Many critics of dual and multiple citizenship argued that allegiance to multiple states was immoral, unadministrable, or both. More recently, polygamous marriage has become a topic of legal and political discourse, first as a foil in anti-gay marriage arguments and later as a political possibility in its own right. I consider whether polygamous marriage advocates can profitably draw on arguments for multiple citizenship, and how multiple-citizenship advocates should responsibly respond to the analogy with polygamy. (shrink)

First recorded in the 14th century, the analogy of spit-roast meat argues that expecting the Sun to rotate around a strictly immobile Earth would be just as ludicrous as trying to move the fire around the roasting meat. On the contrary, it should be the Earth that spins upon itself in order to glean, from all possible angles, all the benefits of the Sun, just as it is the meat’s responsibility to turn on the spit before the motionless (...) fire for it to be perfectly cooked on all sides. Aimed at demonstrating, in geocentricism, the plausibility of the rotation of the Earth and, in heliocentrism, at supporting the physical reality of this terrestrial rotation, nowadays this analogy barely elicits more than an amused, or even condescending, smile. However, its continued long-term existence and its frequency of use — from the 14th to the 19th century, we found it mentioned by no less than 45 different authors — incited us to finally pay attention to it. We then noticed that beyond its explicitly cosmological scope, it raises, in its own way, the question of the purpose of the natural world: had the latter been conceived based upon humankind, then it is normal, despite what this analogy advocates, that the Sun is at the service of something more important than itself by rotating, to the profit of humankind, around the Earth; conversely, since such an infringement of the rule of common sense, as illustrated by this analogy, can neither be justified nor tolerated, it is up to the Earth to move around the Sun. Tracing the vicissitudes of this analogy, over 6 centuries, is thus not only about reconstructing the largely forgotten history of a presently obsolete analogy, but also about discovering the deeper meaning, henceforth incomprehensible, behind it. In describing how this meaning became progressively lost, one can finally pro­vide an understanding of why, in the present day, we are no longer capable of more than an amused smile when happening upon it! (shrink)

I show that in our theoretical representations of argument, vicious infinite regresses of self-reference may arise with respect to each of the three usual, informal criteria of argument cogency: the premises are to be relevant, sufficient, and acceptable. They arise needlessly, by confusing a cogency criterion with argument content. The three types of regress all are structurally similar to Lewis Carroll’s famous regress, which involves quantitative extravagance with no explanatory power. Most attention is devoted to the sufficiency (...) criterion, including its relation to the view au courant that inferring necessarily involves the thinker taking her premises to support her conclusion. I contend that this view is mistaken and likewise that arguments make no such assumption or inference claim as that the premises support the conclusion. The core of the positive alternative model I propose is that there is commitment to, but not claiming, the proposition that the premises support the conclusion. (shrink)

We aim to compile some means for a rational reconstruction of a named part of the start-over of Baruch (Benedictus) de Spinoza's metaphysics in 'de deo' (which is 'pars prima' of the 'ethica, ordine geometrico demonstrata' ) in terms of 1st order model theory. In so far, as our approach will be judged successful, it may, besides providing some help in understanding Spinoza, also contribute to the discussion of some or other philosophical evergreen, e.g. 'ontological commitment'. For this text we (...) assume the reader familiar with 'de deo' as well as with some basic concepts and results of 1st order model theory. Before we start reconstruction, we will first revisit shortly the concept of 'attributum' (definitio IV) in it's setting in 'de deo' , next scan for formalizable aspects of 'in suo genere finita' ('de deo', definitio II), subsequently list the model theoretic constructs we will make use of. Then we begin reconstruction by stating "coordinative definitions" for the notions of 'attribute (of a substance)', 'modus (as conceived via an attribute)' and 'substance (as conceived via an attribute)', reasoning shortly for each of them. The "coordinative definitions", we will arrive at, must not be understood as literal translations of Spinoza's concepts - of course, there can't be such a thing as a literal translation - they are meant as formal analoga of these concepts, mapping some logical structure. But even with this caveat they may seem strange to the reader at this stage of discussion. Additional justification for them then should be found in our endeavour, to map some argumentation of Spinoza's proofs of some of his propositions from this starting point. -/- [ Version 1 of this paper originated from 2020-03-14. This is version 2 from 2021-09-12 with some readability amendments. ]. (shrink)

The paper deals with the "deuteros plous", literally ‘the second voyage’, proverbially ‘the next best way’, discussed in Plato’s "Phaedo", the key passage being Phd. 99e4–100a3. The second voyage refers to what Plato’s Socrates calls his “flight into the logoi”. Elaborating on the subject, the author first (I) provides a non-standard interpretation of the passage in question, and then (II) outlines the philosophical problem that it seems to imply, and, finally, (III) tries to apply this philosophical problem to the "ultimate (...) final proof" of immortality and to draw an analogy with the ontological argument for the existence of God, as proposed by Descartes in his 5th "Meditation". The main points are as follows: (a) the “flight into the logoi” can have two different interpretations, a common one and an astonishing one, and (b) there is a structural analogy between Descartes’s ontological argument for the existence of God in his 5th "Meditation" and the "ultimate final proof" for the immortality of the soul in the "Phaedo". (shrink)

There are at least five ‘core’ notions of community found in Kant's works: 1. The scientific notion of interaction. This concept is introduced in the Third Analogy and developed in the Metaphysical Foundations of Natural Science. 2. A metaphysical idea. The idea of a world of individuals (monads) in interaction. This idea was developed in Kant’s precritical period and can be found in his metaphysics lectures. 3. A moral ideal. The idea of a realm of ends. 4. A political (...) ideal. The idea of a juridical community (or community of communities) governed by juridical laws. 5. A theological ideal. What Kant calls ‘the kingdom of heaven’, and which can be thought of as a community of holy beings, or angels. In this paper I focus on the relationship between the first, second and fourth of these notions. My argument is that Kant’s notion of a juridical community governed by juridical laws is modelled on the metaphysical idea of the world. This metaphysical idea of a world is, in turn, modelled on the category of community introduced in the first Critique and developed in his logic lectures. (shrink)

According to Roman Ingarden, transcendental idealism prevented Kant from "even undertaking an attempt" at elucidating freedom "in terms of the causal structure of the world." I show that this claim requires qualification. In a remarkable series of Critical-period Reflexionen (5611-4, 5616-9), Kant sketches a defense of the possibility of freedom that differs radically from his published ones by incorporating an indeterministic account of the phenomena. Anticipating Łukasiewicz, he argues that universal causal determination is consistent with an open future: (...) if an action is contingent, there is an infinite regress of determining causes, yet there is a prior time at which this infinite series of causes has not yet commenced. However, he concedes that on this account the unity of experience "cannot fully obtain in the case of free beings." The fact that Kant even contemplated the indeterministic theory may carry implications for interpreting the argument of the Second Analogy. (shrink)