In earlier work on limitarianism, I argued that setting an upper limit to the amount of wealth that people can permissibly have is justified when decision-makers are unaware of or disagree about the appropriate distributive criterion or if they are unaware of people’s relevant features (or both). Robert Huseby has raised several powerful objections to this presumptive argument for limitarianism. Some of these objections call for a revision of my defence of presumptive limitarianism while others call for clarification, both of (...) which I aim to do in this chapter. I will argue that unless decision-makers have substantive reasons to suggest otherwise, they must act as if there is an upper limit to the amount of wealth that people can permissibly have. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for (...) the truth of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech acts, (...) we need to depend on an abductive process of interpretation. (shrink)

In this article, I assess the prospects for the limitarian thesis that someone has too much wealth if they exceed a specific wealth threshold. Limitarianism claims that there are good political and/or ethical reasons to prevent people from having such ‘surplus wealth’, for example, because it has no moral value for the holder or because allowing people to have surplus wealth has less moral value than redistributing it. Drawing on recent literature on distributive justice, I defend two types of limitarian (...) principles of justice. First, limitarian midlevel principles draw on the limitarian thesis to specify normative commitments for guiding institutional design and individual actions. Second, the limitarian presumption draws on that thesis to specify what a just allocation of wealth requires under epistemic constraints. Such a presumption says that without substantive reasons to the contrary, we should regard a distribution as unjust if some people’s wealth exceeds the limitarian threshold. Furthermore, I will argue that we must reject a possible but implausible interpretation of limitarianism as an ideal distributive pattern. Yet both as a midlevel principle and as a presumption, limitarianism can play an important role in theorizing about justice in the real world. (shrink)

Within contemporary metaethics, it is widely held that there is a “presumption of realism” in moral thought and discourse. Anti-realist views, like error theory and expressivism, may have certain theoretical considerations speaking in their favor, but our pretheoretical stance with respect to morality clearly favors objectivist metaethical views. This article argues against this widely held view. It does so by drawing from recent discussions about so-called “subjective attitude verbs” in linguistics and philosophy of language. Unlike pretheoretically objective predicates (e.g., (...) “is made of wood”, “is 185 cm tall”), moral predicates embed felicitously under subjective attitude verbs like the English “find”. Moreover, it is argued that the widespread notion that moral discourse bears all the marks of fact-stating discourse is rooted in a blinkered focus on examples from English. Cross-linguistic considerations suggest that subjective attitude verbs are actually the default terms by which we ascribe moral views to people. Impressions to the contrary in English have to do with some unfortunate quirks of the term “think”. (shrink)

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general (...) philosophical morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

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

The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim (...) and has the effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

In this article, I assess the prospects for the limitarian thesis that someone has too much wealth if they exceed a specific wealth threshold. Limitarianism claims that there are good political and/or ethical reasons to prevent people from having such ‘surplus wealth’, for example, because it has no moral value for the holder or because allowing people to have surplus wealth has less moral value than redistributing it. Drawing on recent literature on distributive justice, I defend two types of limitarian (...) principles of justice. First, limitarian midlevel principles draw on the limitarian thesis to specify normative commitments for guiding institutional design and individual actions. Second, the limitarian presumption draws on that thesis to specify what a just allocation of wealth requires under epistemic constraints. Such a presumption says that without substantive reasons to the contrary, we should regard a distribution as unjust if some people’s wealth exceeds the limitarian threshold. Furthermore, I will argue that we must reject a possible but implausible interpretation of limitarianism as an ideal distributive pattern. Yet both as a midlevel principle and as a presumption, limitarianism can play an important role in theorizing about justice in the real world. (shrink)

In “Immigration, Jurisdiction and Exclusion”, Michael Blake develops a new line of argument to defend a state’s presumptive right to exclude would-be immigrants. His account grounds this right on the state as a legal community that must protect and fulfill human rights. Although Blake’s present argument is valid and attractive in being less arbitrary than national membership and in distinguishing different types of immigrants’ claims, I dismiss it for being unsound due to a lack of further elaboration. The reason for (...) my rejection is that there is a fundamental problem with the third premise as it stands now. Therefore, I contend that Blake’s argument cannot justify a general exclusion of well-protected would-be immigrants. However, in the final part, I will try to defend a modified version of Blake’s argument from imposed obligations by contending that a state has a presumptive right to exclude if the human rights obligations that are imposed on its residents go beyond a viable threshold. (shrink)

The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are regarded as presumptions subject (...) to default used to justify an interpretation. This approach can allow one to trace the different legal interpretive arguments back to their basic underlying presumptions, so that they can be compared, ordered, and assessed according to their defeasibility conditions. This approach allows one to understand the difference between various types of interpretive canons, and their strength in justifying an interpretation. (shrink)

Pragmatic presupposition is analyzed in this paper as grounded on an implicit reasoning process based on a set of presumptions, which can define cultural differences. The basic condition for making a presupposition can be represented as a reasoning criterion, namely reasonableness. Presuppositions, on this view, need to be reasonable, namely as the conclusion of an underlying presumptive reasoning that does not or may not contain contradictions with other presumptions, including the ordering of the hierarchy of presumptions. Presumptions are in turn (...) analyzed considering their nature and their hierarchy, namely their object and their possible contextual backing, which eliminates some of their possible defaults. This analysis of presupposition brings to light the relationship between communicative infelicities or misunderstandings deriving from presuppositional failures and the underlying system of presumptions and presumptive reasoning. This approach can be applied to the investigation of communicative problems within the medical context, and more precisely the communication in diabetes cases. (shrink)

In his “Critical Response,” William Curtis presents three main criticisms against my position elaborated in “In Defense of Nonliberal Nationalism.” First, he alleges that my conception of national membership is “voluntarist” and ultimately liberal. Second, he claims that my position on nonliberal democracy is “quintessentially liberal.” Third, he charges that my account of nonliberal nationalism would allow the oppression of minorities. The first charge is based on Curtis’s misreading of my article. The second charge is interesting and worthy of consideration (...) in itself. Yet Curtis fails to advance a clear argument to support it. The third charge has been dealt with in my original article, but I shall restate it here to meet Curtis’s objection. Although I shall address all three, the focus will be on the second, as I believe that it poses the strongest challenge to my position. In responding to these charges, I shall provide necessary clarification and elaboration and thereby strengthen the critiques, as Curtis’s own arguments are often unclear or non-existent. (shrink)

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)

The definitive version is available at www.blackwell-synergy.com.

The detection and analysis of misunderstandings are crucial aspects of discourse analysis, and presuppose a twofold investigation of their structure. First, misunderstandings need to be identified and, more importantly, justified. For this reason, a classification of the types and force of evidence of a misunderstanding is needed. Second, misunderstandings reveal differences in the interlocutors’ interpretations of an utterance, which can be examined by considering the presumptions that they use in their interpretation. This paper proposes a functional approach to misunderstandings grounded (...) on presumptive reasoning and types of presumptions, in which incompatible interpretations or interpretative failures are examined as defaults of the underlying interpretative reasoning, caused by overlooked evidence or conflicting presumptions. Moreover, it advances a classification of the types and the probative weights of the evidence that can be used to detect misunderstandings. The proposed methodology and its implications are illustrated through the analysis of doctor–patient communication in diabetes care. (shrink)

Implicatures are described as particular forms reasoning from best explanation, in which the para-digm of possible explanations consists of the possible semantic interpretations of a sentence or a word. The need for explanation will be shown to be triggered by conflicts between presumptions, namely hearer’s dialogical expectations and the presumptive sentence meaning. What counts as the best explanation can be established on the grounds of hierarchies of presumptions, dependent on dialogue types and interlocutors’ culture.

One of the most detailed early modern discussions of the morality of esteem can be found in the work of the reformed jurist and historian Marquard Freher (1565–1614). Since the question of how much esteem others deserve is fraught with a high degree of uncertainty, Freher relied on the work of other legal humanists, who discussed questions of esteem from the perspective of arguments from the presumption of goodness. The humanist approach to the presumption of goodness integrated considerations (...) about presumed non-delinquency with considerations concerning natural needs, natural rights and natural duties grounded in natural rational capacities common to all (grown-up, healthy) human beings. It advised us to fulfill natural duties that derive from the natural need of being held in good esteem by others, and to develop socially valuable attitudes such as trust and positive emotions toward others. At the same time, this approach was responsive to considerations of prudence, both in grounding the presumption of goodness in considerations concerning causal powers and in balancing the presumption of goodness against a variety of presumptions of badness. Freher applied this understanding of the presumption of goodness to political practice in his role as an advisor to the Palatinate. (shrink)

ABSTRACTThe question of how common usage could be constitutive for the meaning of linguistic expressions has been discussed by Renaissance philosophers such as Lorenzo Valla, and it also played an important role in Renaissance theories of juridical interpretation. An aspect of the analysis of common usage in Renaissance theories of juridical interpretation that concerns the role of presumption has not yet found much attention. Renaissance jurists such as Simone de Praetis, Nicolaus Everardus, and Aimone de Cravetta saw that both (...) the usage of Latin by practitioners of law and the vernacular common usage of ordinary people often differed from the technical definition of legal concepts as laid down by ancient jurists or modern legislators. In some cases, they ascribed both to Latin and to vernacular common usage the power of changing the meaning of juridical terms. Still, they were aware of the fact that matters of common usage involve always a degree of uncertainty. The methodological notion of presumption is one of the concepts that figured most prominently in Renaissance approaches to the problem of uncertainty, and, in particular, it was applied in the analysis of meaning-change of legal concepts through common usage. (shrink)

Pragmatic presuppositions are analyzed considering their relation with the notion of commitment, namely the dialogical acceptance of a proposition by an interlocutor. The attribution of commitments carried out by means of pragmatic presupposition is shown to depend on the reasonableness of the underlying presumptive reasoning, ultimately grounded on hierarchies of presumptions. On this perspective, the ordinary interpretation of pragmatic presuppositions as the “taking for granted” of propositions signaled by semantic or syntactic triggers becomes only the presumptive, prototypical interpretation of a (...) complex linguistic and pragmatic phenomenon. It will be shown how the prototypical interpretation is subject to default in cases of conflicts of presumptions, which lead to reconstructing the speaker’s meaning non-presumptively at a pragmatic, semantic, or syntactic level. The phenomena of presupposition cancellation and neutralization can be explained in terms of presumptive and non-presumptive articulation and interpretation of an utterance, through which the speaker can impose, correct, or refuse implicit commitments. (shrink)

Many philosophers argue that the face-value of moral practice provides presumptive support to moral realism. This paper analyses such arguments into three steps. (1) Moral practice has a certain face-value, (2) only realism can vindicate this face value, and (3) the face-value needs vindicating. Two potential problems with such arguments are discussed. The first is taking the relevant face-value to involve explicitly realist commitments; the second is underestimating the power of non-realist strategies to vindicate that face-value. Case studies of each (...) of these errors are presented, drawn from the writings of Shafer-Landau, Brink and McNaughton, and from recent work in experimental metaethics. The paper then considers weak presumptive arguments, according to which both realist and non-realist vindications of moral practice are possible, but the realist vindications are more natural. It is argued that there is no sense of ‘natural’ available that can make these arguments work. The conclusion is that all extant presumptive arguments for moral realism fail. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit premise (...) with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

Manipulation of quotation, shown to be a common tactic of argumentation in this paper, is associated with fallacies like wrenching from context, hasty generalization, equivocation, accent, the straw man fallacy, and ad hominem arguments. Several examples are presented from everyday speech, legislative debates and trials. Analysis using dialog models explains the critical defects of argumentation illustrated in each of the examples. In the formal dialog system CB, a proponent and respondent take turns in making moves in an orderly goal-directed sequence (...) of argumentation in which the proponent tries to persuade the respondent to become committed to a conclusion by asking questions and offering arguments. Analyzing quotation by using the notion of commitment in dialog, it is shown (a) how an arguer’s previous assertions can be brought to light in the course of a dialog to deal with problems arising from misquotation, (b) how the profile of dialog model allows a critic to analyse the fundamental effects misquotation brings about in a dialog, and (c) how the critic can use such an analysis to correct the problem. (shrink)

This chapter critically examines two frequently found assumptions in the debate about trafficking for prostitution: 1. That the sale of sexual services is like the sale of any other good or service; 2. That by and large women involved in trafficking for prostitution freely consent to sell such services.

In den Elementa juris naturalis behauptet Leibniz, dass es rational ist zu präsumieren, dass eine gegebene Handlung gerecht ist. Diese Behauptung scheint in Widerspruch zu seiner Auffassung zu stehen, dass das, was präsumiert wird, einfacher ist als sein Gegenteil. Nach Leibniz ist einfacher, was weniger Voraussetzungen hat als etwas anderes, wobei er zwischen logischen und ontologischen Voraussetzungen unterscheidet. Dieser Diskussionsbeitrag versucht zu zeigen, dass Voraussetzungen auf der ontologischen Ebene eine oft übersehene Rolle für die Präsumption der Gerechtigkeit einer Handlung spielen (...) und dass sich der scheinbare Widerspruch auf dieser Ebene auflösen lässt. Nach Leibniz ist eine gerechte Handlung eine spezielle Art von Möglichkeit: eine Handlung, die für eine moralische Person möglich ist. Ihm zufolge hat aber ein mögliches Ereignis weniger ontologische Voraussetzungen als ein unmögliches Ereignis, weil die ontologischen Voraussetzungen eines möglichen Ereignisses ein Teil der Voraussetzungen eines unmöglichen Ereignisses sind. Die Präsumption zu Gunsten der Gerechtigkeit einer Handlung lässt sich als Spezialfall der Präsumption zu Gunsten der Möglichkeit eines Ereignisses auffassen. (shrink)

As we have seen in the transition form Part I to Part II of this book, the inductive riskiness of doxastic methods applied in testimonial uptake or prescribed as exemplary of religious faith, helpfully operationalizes the broader social scientific, philosophical, moral, and theological interest that people may have with problems of religious luck. Accordingly, we will now speak less about luck, but more about the manner in which highly risky cognitive strategies are correlated with psychological studies of bias studies and (...) human cognitive ecology. Chapter Four is concerned with connections between psychological study of biases and heuristics, and the comparative study of fundamentalism. The first section looks at work by psychologists and philosophers on our bias blind spot. Later sections ask, ‘In what ways might biases and heuristics play a special role in aiding our understanding of, and response to, fundamentalist orientation?’. The judgments we make in ignorance of our own biases Montaigne calls our importunate presumptions, and he suggests a host of practical factors that make them appealing. Montaigne, as I discuss in the first section, associates many of our errors with one or another kind of presumption, often about our similarity or differences from others, or from God. Our obvious psychographic diversity, and the polemical ground dynamics involved in our ‘culture wars’ are compounded on the agential side by the invisibility of our biases to ourselves. A number of person and social biases are described that plausibly affect all of our beliefs in domains of controversial views, religious views included. The second section continues to study of how etiological symmetry (similar patterns of belief-uptake) gives rise to religious contrariety (diverse narratives and theologies) in testimonial faith traditions, and what the implications of this are for philosophy of religion, generally, and for an improved comparative study of fundamentalism, in particular. Utilizing the work of philosophers such as Rachel Fraser and psychologists such as Emily Pronin and her co-authors, I offer a four-step genealogical account for how etiological symmetry so easily gives rise to religious contrariety. This account begins with the narrative nature of testimony in the Abrahamic family of religions, and how narrative content confounds our “source monitoring.” My genealogy also introduces what I term biased-closure inferences (BCI) as one of the key enablers of religious exclusivism and absolutism. These are the seemingly ‘logical’ but actually very self-serving inferences people often make, inferences from their own belief being true, to any belief contrary to it being false. Those who claim unique truth, epistemic access, and/or virtue and religious value for the home religion are no exception to the broad pertinence of bias studies across domains of controversial view. The proximate causes of belief are all that we can study, and in these there may be significant etiological symmetries. Yet those groups themselves, especially to the extent that they are exclusivist, are tunnel-visioned on claims of doctrinal uniqueness: on content differences of a theological sort. Comparative philosophy is met with the puzzlement that symmetric or essentially similar doxastic strategies should give rise not just to cognitive diversity, but to what we can call polarized or polemical contrariety, contrariety of a kind where each view adamantly rejects all others. Arguably, the more that theologies offer explanations of a counter-inductive sort, or profess counter-inductive thinking as exemplary of faith, the better evidential ground there for inferring that bias involved in the acquisition or maintenance of beliefs. This provides more substance to the question of when censure, and etiological challenges to faith-based beliefs are philosophically well-motivated. (shrink)

According to the Good True Self (GTS) theory, if an action is deemed good, its psychological source is typically viewed as more reflective of its agent’s true self, of who the agent really is ‘deep down inside’; if the action is deemed bad, its psychological source is typically viewed as more external to its agent’s true self. In previous work, we discovered a related asymmetry in judgments of blame- and praiseworthiness with respect to the mitigating effect of moral ignorance via (...) childhood deprivation. Inspired by work motivating the GTS theory, we ran a new study to discover whether our asymmetry likewise reflected judgments about the true self. It did. However, it is unclear whether our results fit with the ‘good’ part of the GTS theory: some of our and others’ results suggest that, in certain contexts, wrong actions are taken to be more expressive of agents’ true selves than right ones. In this paper, we propose that our and others’ data can be explained by the hypothesis that we are inclined to judge as the GTS theory predicts when there is a readily available external explanation for an agent’s action. In short, we give people the benefit of the doubt. (shrink)

In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive intentional (...) discomforture is that they aim at improving the subject. This suggests that, if the prima facie wrongness of intentionally harming another person is the fundamental challenge for punishment, the "educative defense" is the royal road to justifying the practice. I conclude by outlining one version of the educative defense that exploits this advantage while avoiding some traditional objections to the approach. (shrink)

N.T. Wright has offered Christian philosophers a proposal where it is apparently possible to hold the belief in the intermediate state-resurrection of the body and an ontological holism in the same sense at the same time. I argue that this not only creates a basic contradiction in Wright’s ontological paradigm, but also it is not a coherent and tenable proposal despite the fact one might eventually find a potential solution to such a quandary.

Wright’s judgement-dependent account of intention is an attempt to show that truths about a subject’s intentions can be viewed as constituted by the subject’s own best judgements about those intentions. The judgements are considered to be best if they are formed under certain cognitively optimal conditions, which mainly include the subject’s conceptual competence, attentiveness to the questions about what the intentions are, and lack of any material self-deception. Offering a substantive, non-trivial specification of the no-self-deception condition is one of the (...) main problems for Wright. His solution is to view it as a positive presumption, which is violated only if there is strong evidence to the effect that the subject is self-deceived. In this paper, I will argue that the concern about self-deception in Wright’s account is misplaced and generally unmotivated. (shrink)

Presuppositions are pragmatically considered as the conditions of the felicity of a speech act, or discourse move; however, the decision of setting the conditions of a move, which the hearer needs to accept in order to continue the dialogue, can be thought of as a speech act of a kind. The act of presupposing depends on specific conditions and in particular on the possibility of the hearer to reconstruct and accept the propositional content. These pragmatic conditions lead to epistemic considerations: (...) How can the speaker know that the hearer can reconstruct and accept a presupposition? A possible answer can be found in an argumentative approach grounded on the notion of presumptive reasoning. On this perspective, by presupposing the speaker advances a tentative conclusion about what the hearer may accept, hold, or know proceeding from factual, linguistic, and epistemic rules of presumption. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

Presupposition has been described in the literature as closely related to the listener’s knowledge and the speaker’s beliefs regarding the other’s mind. However, how is it possible to know or believe our interlocutor’s knowledge? The purpose of this paper is to find an answer to this question by showing the relationship between reasoning, presumption and language. Presupposition is analyzed as twofold reasoning process: on the one hand, the speaker by presupposing a proposition presumes that his interlocutor knows it; on (...) the other hand, the listener reconstructs the propositions taken for granted and assesses them against the shared presumptions. The possibility of reconstructing a presupposition is distinguished from its assessment, where the consistency of the presupposition with the shared or common ground is evaluated, and its reasonableness established. The analysis of presuppositions from an argumentative perspective provides an instrument for evaluating the reasonableness of a presupposition and understanding its dialogical effect. On this view, the dialogical force of a presupposition lies in its presumptive nature, which sets and shifts the burden of proving its unacceptability or unreasonableness. (shrink)

This contribution discusses Leibniz’s conception of faith and its relation to reason. It shows that, for Leibniz, faith embraces both cognitive and non-cognitive dimensions: although it must be grounded in reason, it is not merely reasonable belief. Moreover, for Leibniz, a truth of faith (like any truth) can never be contrary to reason but can be above the limits of comprehension of human reason. The latter is the epistemic status of the Christian mysteries. This view raises the problem of how (...) it can be determined whether a doctrine above the full grasp of human reason does or does not imply contradiction. The notion of ‘presumption’ and the ‘strategy of defence’ are presented and discussed as Leibniz’s way to tackle this issue. Finally, the article explores the ‘motives of credibility’ which, according to Leibniz, can and should be produced to uphold the credibility of a putative divine revelation, including his account of miracles. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS (...) LOGIC ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

Coordination is the presumption that distinct representations have the same referential content. Philosophers have discussed ways in which the presence of coordination might bear on the metasemantic determination of content. One test case for exploring the relationship between coordination and content is the phenomenon of conflation — the situation in which representations are about distinct things but are nevertheless coordinated. In this paper, I use observations about conflation to develop an anaphoric metasemantics for some representations in which coordination plays (...) an integral role. I also develop some novel remarks on the problem of misrepresentation. (shrink)

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

The presumptions underlying quantum mechanics make it relevant to a limited range of situations only; furthermore, its statistical character means that it provides no answers to the question ‘what is really going on?’. Following Barad, I hypothesise that the underlying mechanics has parallels with human activities, as used by Barad to account for the way quantum measurements introduce definiteness into previously indefinite situations. We are led to consider a subtle type of order, different from those commonly encountered in the discipline (...) of physics, and yet comprehensible in terms of concepts considered by Barad and Yardley such as oppositional dynamics or ‘intra-actions’. The emergent organisation implies that nature is no longer fundamentally meaningless. Agencies can be viewed as dynamical systems, so we are dealing with models involving interacting dynamical systems. The ‘congealing of agencies’ to which Barad refers can be equated to the presence of regulatory mechanisms restricting the range of possibilities open to the agencies concerned. (shrink)

In this article I want to create a presumption in favor of a nonreductive analysis of emotional phenomenology. The presumption relies on the claim that none of the nonemotional elements which are usually regarded as constitutive of emotional phenomenology may reasonably be considered responsible for the evaluative character of the latter. In section 1 I suggest this is true of cognitive elements, arguing that so-called ‘evaluative’ judgments usually result from emotional, evaluative attitudes, and should not be conflated with (...) them. In section 2 I argue the same holds true for conative attitudes. And in section 3 I briefly mention some salient aspects of the version of nonreductive analysis I lean toward. (shrink)