The ways in which the Aristotelian sciences are related to each other has been discussed in the literature, with some focus on the subalternate sciences. While it is acknowledged that Aristotle, and Plato as well, was concerned as well with how the arts were related to one another, less attention has been paid to Aristotle's views on relationships among the arts. In this paper, I argue that Aristotle's account of the subalternate sciences helps shed light on how Aristotle saw the (...) art of rhetoric relating to dialectic and politics. Initial motivation for comparing rhetoric with the subalternate sciences is Aristotle's use of the language of boundary transgression, germane to the Posterior Analytics, when discussing rhetoric’s boundaries, as well as the language of "over" and "under" found in APo. First, I discuss three passages in Rhetoric Book I and argue that Garver's (1988) account cannot be correct. Second, I look to the subalternate sciences, especially focusing on optics and the distinction between "unqualified" optics and mathematical optics. Third, I discuss rhetoric's dependence on both dialectic and politics. (shrink)

Given that charges of anti-Semitism, racism, and the like continue to be potent weapons of moral and intellectual critique in our culture, it is important that we work toward a clear understanding about just what sorts of conduct and circumstances constitute these moral offenses. In particular, can criticism of a state (such as Israel), or other social or political institution or organization (such as the NAACP), ever amount to anti-Semitism, racism, or other bigotry against the people represented by or associated (...) with it, even if no explicit denigration of them occurs? That a renowned scholar of rhetoric and philosophy takes up the challenge of answering such a question would seem to be cause for optimism, but the recent attempt by Judith Butler turns out to be subverted by faulty logic and blatant misreading. As a result, it obfuscates the issue, and wrongly suggests that expressive acts cannot be blameworthy on grounds of bigotry if they are not intentionally designed to serve such purposes. (shrink)

After the 9/11 attacks the U.S. administration went beyond emergency response towards imperialism, but cloaked its agenda in the rhetoric of fighting ‘terrorists’ and ‘terrorism.’ After distinguishing between emergency thinking and emergency planning, I question the administration’s “war on terrorism” rhetoric in three stages. First, upon examining the post-9/11 antiterrorism discourse I find that it splits into two agendas: domestic, protect our infrastructure; and foreign, select military targets. Second, I review approaches to emergency planning already in place. Third, (...) after reviewing what philosophers have said about emergencies, I recommend they turn their attention to the biases inherent in and misleading uses of antiterrorist terminology. (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of criminal (...) responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

This monograph has three purposes. It attempts first to describe in general terms methods of investigation proper to strict phenomenology and to new rhetoric. Second, it describes certain recent developments by the author that lead to a de-projective approach to phenomenology and which are of potential significance in a variety of areas of study, including new rhetoric. Finally, suggestions are made with a view to bringing portions of rigorous phenomenology into close connection with certain of the basic concerns (...) of new rhetoric. (shrink)

Benardete here interprets and, for the first time, pairs two important Platonic dialogues, the Gorgias and the Phaedrus . In linking these dialogues, he places Socrates' notion of rhetoric in a new light and illuminates the way in which Plato gives morality and eros a place in the human soul.

Introduction: Clinical practice guidelines (CPGs) are an important source of justification for clinical decisions in modern evidence-based practice. Yet, we have given little attention to how they argue their evidence. In particular, how do CPGs argue for treatment with long-term medications that are increasingly prescribed to older patients? Approach and rationale: I selected six disease-specific guidelines recommending treatment with five of the medication classes most commonly prescribed for seniors in Ontario, Canada. I considered the stated aims of these CPGs and (...) the techniques employed towards those aims. Finally, I reconstructed and logically analysed the arguments supporting recommendations for pharmacotherapy. Analysis: The primary function of CPGs is rhetorical, or persuasive, and their means of persuasion include both a display of their credibility and their argumentation. Arguments supporting pharmacotherapy recommendations for the target population follow a common inductive pattern: statistical generalization from randomized controlled trial (RCT) and meta-analysis evidence. Two of the CPGs also argue their treatment recommendations for older patients in this style, while three fail to justify pharmacotherapy specifically for the older population. Discussion: The arguments analysed lack the auxiliary assumptions that would warrant making a generalization about the clinical effectiveness of medications for the older population. Guidelines reason using simple induction, while ignoring important inferential gaps. Future guidelines should aspire to be well-reasoned rather than simply evidence-based; argue from a plurality of evidence; be wary of hasty inductions; appropriately limit the scope of their recommendations; and avoid making law-like, prescriptive generalizations. (shrink)

Negotiation research primarily focuses on negotiators? interests in order to understand negotiation and offer advice about the prospective outcome. Win-win outcomes, i.e., outcomes that serve the interests of all negotiating parties, have been established and promoted as the ultimate goal for any negotiation situation. We offer a perspective that draws on Aristotle's philosophical program and discuss how the outcome is not defined by the parties? interests, but by the intersubjective validity of claims, which can essentially be treated as representative of (...) the ?truth.? (shrink)

In this review of Peter Walmsley's book, the first book-length treatment of Berkeley as a writer, Berkeley is shown to be a master stylist. He is also shown to have a theory of language that is "explicitly rhetorical," since he held, contrary to Locke, that language had ends other than the communication of ideas.

This paper examines Jason Stanley’s account of propaganda. I begin with an overview and some questions about the structure of that account. I then argue for two main conclusions. First, I argue that Stanley’s account over-generalizes, by counting mere incompetent argumentation as propaganda. But this problem can be avoided, by emphasizing the role of emotions in effective propaganda more than Stanley does. In addition, I argue that more propaganda is democratically acceptable than Stanley allows. Focusing especially on sexual assault prevention (...) campaigns, I show that propaganda can be acceptable even when it represents some in our communities as worthy of contempt. (shrink)

My goal with this article is to present the elements involved in Cicero's criticism of Stoic rhetoric. First, I will present the rhetoric of the Stoics based on the testimonies we have left on these philosophers. Soon after, I will expose Cicero's criticisms of the Stoics. Next, I will argue that Cicero's criticisms arise because his proposal with rhetoric is different from the Stoics' proposal. Due to this difference, it is necessary to understand that the Stoics, on (...) the other hand, also had motives to defend their vision of rhetoric in face of Ciceronian criticism. -/- Meu objetivo neste artigo é apresentar os elementos envolvidos na crítica de Cícero à retórica estoica. Inicialmente apresentarei a retórica dos estoicos baseado nos testemunhos que nos restaram sobre esses filósofos. Logo depois, exporei as críticas assinaladas por Cícero aos estoicos. Em seguida, argumentarei que as críticas de Cícero surgem em consequência de que sua proposta com a retórica é diferente da proposta estoica. Em função dessa diferença, é preciso compreender que os estoicos, em contrapartida, também tinham motivos para defender sua visão de retórica perante as críticas ciceronianas. (shrink)

Heidegger famously said that the best treatment of the emotions in western history was Book 2 of Aristotle's RHETORIC. Heidegger then did an analysis of this material prior to the publication of Being and TIme (1927). This engages engages with Heidegger's treatment of Aristotle's treatment of the emotions in relation to Heidegger's design distinction of affectivity (Befindlichkeit), understanding, and discourse (Rede).

While Immanuel Kant is an epochal figure in a variety of fields, he has not figured prominently in the study of rhetoric and communication. This book represents the most detailed examination available into Kant's uneasy but often misunderstood relationship with rhetoric. By explicating Kant's complex understanding of rhetoric, this book advances the thesis that communicative practices play an important role in Kant's account of how we become better humans and how we create morally cultivating communities.

This paper explores in detail Gorgias' defense of rhetoric in Plato 's Gorgias, noting its connections to earlier and later texts such as Aristophanes' Clouds, Gorgias' Helen, Isocrates' Nicocles and Antidosis, and Aristotle's Rhetoric. The defense as Plato presents it is transparently inadequate; it reveals a deep inconsistency in Gorgias' conception of rhetoric and functions as a satirical precursor to his refutation by Socrates. Yet Gorgias' defense is appropriated, in a streamlined form, by later defenders of (...) class='Hi'>rhetoric such as Isocrates and Aristotle. They present it as an effective reductio against a critique of rhetoric that depends on the "harm criterion." This is puzzling, since Plato 's own critique of rhetoric does not depend on the harm criterion. On the other hand, Plato does seem to embrace the harm criterion as a more general principle—as if pre-emptively embracing the reductio —in his arguments about the good in the Meno and Euthydemus. Nonetheless, Isocrates and Aristotle seem to be deliberately misreading Plato on rhetoric: where he intends to criticize its intrinsic nature, they respond as if he were merely complaining about its contingent effects. (shrink)

Liminal Bodies, Reproductive Health, and Feminist Rhetoric presents composition professor Lydia McDermott's "sonogram" methodology of rhetorical listening, an exercise that discloses feminine voices muted or unjustly disciplined within texts ostensibly written on women's behalf. The texts examined by McDermott range from eighteenth-century pregnancy manuals to speeches by Favorinus, the ancient sophist, who is described from antiquity as a hermaphrodite. Part of McDermott's purpose in sonogramming is to critique modern and contemporary feminists. She objects to the feminist trend of perpetuating (...) and answering a "disability" rhetoric about women, or of demonstrating that women can overcome a... (shrink)

In Kierkegaard and the Staging of Desire: Rhetoric and Performance in a Theology of Eros Carl S. Hughes develops an original approach to Søren Kierkegaard’s religious writings. As is well known, Kierkegaard published these religious writings under his own name. Some interpreters take this to mean that he no longer relies on the poetics of indirect communication that underlies his pseudonymous works. According to them, the religious writings finally formulate Kierkegaard’s true views in a direct and unambiguous way. Others (...) have suggested that these religious writings are just as indirect as all the others. Hughes belongs to the second camp. In his illuminating book, he convincingly shows that the indirect method of writing is not undermining the religious content of Kierkegaard’s works, as is feared by many interpreters from the first camp, but is essential for sustaining it. That is why Hughes believes that Kierkegaard’s indirect mode of writing is of vital importance for contemporary theology as a discipline. (shrink)

This paper traces the role of American technocrats in popularizing the notion later dubbed the “technological fix”. Channeled by their long-term “chief”, Howard Scott, their claim was that technology always provides the most effective solution to modern social, cultural and political problems. The account focuses on the expression of this technological faith, and how it was proselytized, from the era of high industrialism between the World Wars through, and beyond, the nuclear age. I argue that the packaging and promotion of (...) these ideas relied on allegorical technological tales and readily-absorbed graphic imagery. Combined with what Scott called “symbolization”, this seductive discourse preached beliefs about technology to broad audiences. The style and conviction of the messages were echoed by establishment figures such as National Lab director Alvin Weinberg, who employed the techniques to convert mainstream and elite audiences through the end of the twentieth century. (shrink)

In recent years, comparisons between abortion and slavery have become increasingly common in American pro-life politics. Some have compared the struggle to extinguish abortion rights to the struggle to end slavery. Others have claimed that Roe v Wade is the Dred Scott of our time. Still others have argued that abortion is worse than slavery; it is a form of genocide. This paper tracks the abortion = slavery meme from Ronald Reagan to the current personhood movement, drawing on work by (...) Orlando Patterson, Hortense Spillers, and Saidiya Hartman to develop a discourse of reproductive justice that grapples with the wounded kinship of slavery and racism. (shrink)

As the international genomic research community moves from the tool-making efforts of the Human Genome Project into biomedical applications of those tools, new metaphors are being suggested as useful to understanding how our genes work – and for understanding who we are as biological organisms. In this essay we focus on the Human Microbiome Project as one such translational initiative. The HMP is a new ‘metagenomic’ research effort to sequence the genomes of human microbiological flora, in order to pursue the (...) interesting hypothesis that our ‘microbiome’ plays a vital and interactive role with our human genome in normal human physiology. Rather than describing the human genome as the ‘blueprint’ for human nature, the promoters of the HMP stress the ways in which our primate lineage DNA is interdependent with the genomes of our microbiological flora. They argue that the human body should be understood as an ecosystem with multiple ecological niches and habitats in which a variety of cellular species collaborate and compete, and that human beings should be understood as ‘superorganisms’ that incorporate multiple symbiotic cell species into a single individual with very blurry boundaries. These metaphors carry interesting philosophical messages, but their inspiration is not entirely ideological. Instead, part of their cachet within genome science stems from the ways in which they are rooted in genomic research techniques, in what philosophers of science have called a ‘tools-to-theory’ heuristic. Their emergence within genome science illustrates the complexity of conceptual change in translational research, by showing how it reflects both aspirational and methodological influences. (shrink)

The debate on equality and non-discrimination is certainly not a new one, but the way it is incorporated in that on social exclusion leads to several shifts within the discourse on social justice. The term social exclusion is multidimensional although its western use in a selective way about markets promoting equality separates it from the Indian emphasis on social justice as linked to ending discrimination of dalit groups. The concept of social exclusion is inherently problematic as it faces three major (...) challenges in India: the first relates to the historical discrimination of certain groups and their exclusion; the second is about the political economy of the excluded; and the third questions the way in which equality responses are restricted within the framework of social exclusion. (shrink)

Publications in the Kant-Studien have a dual focus: firstly contributions to the interpretation, history and editorial questions of Kant’s philosophy, and secondly systematic debates on transcendental philosophy. In addition, there are investigations on Kant’s precursors and on the effects of his philosophy. The journal also contains a documentation section, in which the current state of research is indicated by means of a continually updated bibliography with reviews and references.

In this paper, the political pamphlet “Der Hessische Landbote” by the eminent German author, Georg Büchner (1813–1837), will be positioned within the context of its political and historical background, analyzed as to its argumentative and stylistic structure, and critically evaluated. It will be argued that propaganda texts such as this should be evaluated by taking into account both rhetorical perspectives and standards of rational discussion. As far as argumentative structure is concerned, a modified version of the Toulmin scheme will be (...) used for the description of three passages of the “Landbote”. As far as stylistic techniques are concerned, Büchner’s strategic use of some figures of speech, especially parallelism, metaphor and metonymy will be examined. As to the critical evaluation, the recently developed concept of “strategic maneuvering” within Pragma-Dialectics, the typology of argumentative dialogues established by D. Walton, and sets of critical questions will be used to assess the status of the arguments within the “Landbote” as potentially fallacious ones. (shrink)

In 1919, as the Crow (Apsáalooke) Nation was being forced by the federal government to allot the “surplus” lands on their reservation, tribal member Robert Yellowtail spoke before the United States Senate Committee on Indian Affairs in a speech entitled, “In Defense of The Rights of The Crow Indians and The Indians Generally.” To establish the context of the speech, a brief history of the Apsáalooke Indian nation and tribal member Robert Yellowtail will be given within the framework of United (...) States Indian policy relevant to assimilation and allotment at the time. Classical liberalism, its political philosophy of property and government, illuminates Yellowtail’s arguments through a generative rhetorical analysis. The implications of the analysis are discussed as a case study of liberal political philosophy utilized to make the case for the rights of American Indians to self-determination in a direct challenge to the dominant United States Indian policy paradigm at the time. Contrary to American founding principles, American Indians had been subjected to the same paternalizing policy strategies underlying the July 4th, 1776 rebellion of the American colonies against the British crown. Yellowtail skillfully brought these inconsistencies to light, challenging the paternal paradigm by using the key terms and concepts of classical liberal political philosophy as used by the American Founding Fathers. (shrink)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms, as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

The concept of organizational stigma has received significant attention in recent years. The theoretical literature suggests that for a stigma to emerge over a category of organizations, a “critical mass” of actors sharing the same beliefs should be reached. Scholars have yet to empirically examine the techniques used to diffuse this negative judgment. This study is aimed at bridging this gap by investigating Goffman’s notion of “stigma-theory”: how do stigmatizing actors rationalize and emotionalize their beliefs to convince their audience? We (...) answer this question by studying the stigma over the finance industry since 2007. After the subprime crisis, a succession of events put the industry under greater scrutiny, and the behaviors and values observed within this field began to be publicly questioned. As an empirical strategy, we collected opinion articles and editorials that specifically targeted the finance industry. Building on rhetorical analysis and other mixed methods of media content analysis, we explain how the stigmatizing rhetoric targets the origins of deviant organizational behaviors in the finance industry, that is, the shareholder value maximization logic. We bridge the gap between rhetorical strategies applied to discredit organizations and ones used to delegitimize institutional logics by drawing a parallel between these two literatures. Taking an abductive approach, we argue that institutional contradiction between field and societal-level logics is sufficient, but not necessary to generate organizational stigma. (shrink)

The rhetoric of disgust is common in moral discourse and political propaganda. Some believe it's pernicious, for it convinces without evidence. But scientific research now suggests that disgust is typically an effect, not a cause, of moral judgment. At best the emotion on its own only sometimes slightly amplifies a moral belief one already has. Appeals to disgust are thus dialectically unhelpful in discourse that seeks to convince. When opponents of abortion use repulsive images to make their case, they (...) convince few, even if they rally their base. When champions of animal rights show graphic depictions of the torturous conditions of animals in factory farms, they convince only those previously ignorant of the severity of such conditions. Ultimately, disgust may be less pernicious than it is useless. (shrink)

Contemporary interdisciplinary research is often described as bringing some important changes in the structure and aims of the scientific enterprise. Sometimes, it is even characterized as a sort of Kuhnian scientific revolution. In this paper, the analogy between interdisciplinarity and scientific revolutions will be analysed. It will be suggested that the way in which interdisciplinarity is promoted looks similar to how new paradigms were described and defended in some episodes of revolutionary scientific change. However, contrary to what happens during some (...) scientific revolutions, the rhetoric with which interdisciplinarity is promoted does not seem to be accompanied by a strong agreement about what interdisciplinarity actually is. In the end, contemporary interdisciplinarity could be defined as being in a ‘pre-paradigmatic’ phase, with the very talk promoting interdisciplinarity being a possible obstacle to its maturity. (shrink)

This paper critically assesses the possibility of moral enhancement with ambient intelligence technologies and artificial intelligence presented in Savulescu and Maslen (2015). The main problem with their proposal is that it is not robust enough to play a normative role in users’ behavior. A more promising approach, and the one presented in the paper, relies on an artifi-cial moral reasoning engine, which is designed to present its users with moral arguments grounded in first-order normative theories, such as Kantianism or utilitarianism, (...) that reason-responsive people can be persuaded by. This proposal can play a normative role and it is also a more promising avenue towards moral enhancement. It is more promising because such a system can be designed to take advantage of the sometimes undue trust that people put in automated technologies. We could therefore expect a well-designed moral reasoner system to be able to persuade people that may not be persuaded by similar arguments from other people. So, all things considered, there is hope in artificial intelli-gence for moral enhancement, but not in artificial intelligence that relies solely on ambient intelligence technologies. (shrink)

My real position is that logic is a mere sub-branch of rhetoric, but in this paper I only try to show an area of overlap. Certain usages in logical work are metaphorical, and I argue that this has pernicious effects in a discipline assumed strictly literal. Among these pernicious effects are the bizarre and fruitless focus of philosophy of mathematics on the pseudo-problems of foundations and objects. I mostly examine the locution 'logical construction' and a range of associated metaphors. (...) Some sketchy remarks on the history of rhetoric are offered in explanation. (shrink)

This is the introduction and the translation of Gorgias' "Helen". The speech is considered to be one of the most interesting pieces of early Greek rhetoric not only because of its rhetorical, but also because of its philosophical value. There is no doubt that it sets out the outlines of the sophistic conception of logos and (along with another Gorgias' speech Palamedes) represents the starting point for the Plato's critique of Gorgias' rhetoric in the dialogue "Gorgias'.

This paper consists of a conversation between a philosopher specialising in ethics and religion and an educational researcher with an interest in cultural studies and contemporary social theory. Dialogic in form, this paper employs an interdisciplinary response to an interdisciplinary project and offers the following components: a dialogic theorizing of the implications for education of a research project on spiritual capital; a continuation of the project of analyzing moral thinking in various cultural and societal settings; a continuation of the project (...) of analyzing political rhetoric (towards an understanding of the polemics of political rhetoric); a reaffirmation of the value of recognizing difference and ambiguity in the global moment. (shrink)

The essay is a written version of a talk Nakamura Yūjirō gave at the Collège international de philosophie in Paris in 1983. In the talk Nakamura connects the issue of common sense in his own work to that of place in Nishida Kitarō and the creative imagination in Miki Kiyoshi. He presents this connection between the notions of common sense, imagination, and place as constituting one important thread in contemporary Japanese philosophy. He begins by discussing the significance of place (basho) (...) that is being rediscovered today in response to the shortcomings of the modern Western paradigm, and discusses it in its various senses, such as ontological ground or substratum, the body, symbolic space, and linguistic or discursive topos in ancient rhetoric. He then relates this issue to the philosophy of place Nishida developed in the late 1920s, and after providing an explication of Nishida’s theory, discusses it further in light of some linguistic and psychological theories. Nakamura goes on to discuss his own interest in the notion of common sense traceable to Aristotle and its connection to the rhetorical concept of topos, and Miki’s development of the notion of the imagination in the 1930s in response to Nishida’s theory. And in doing so he ties all three—common sense, place, and imagination—together as suggestive of an alternative to the modern Cartesian standpoint of the rational subject that has constituted the traditional paradigm of the modern West. (shrink)

This paper claims that Socrates’ refutation of Gorgias in the eponymous dialogue is designed not to find out the truth about the nature of the art of rhetoric itself but to refute the master of rhetoric himself. I try to justify this claim by displaying some major contradictions between the conclusions reached at with Gorgias and those reached at with Polus. When these contradictions are taken into account, the discussion with Polus is to be seen as reflecting the (...) genuine Socratic position about rhetoric, whereas the discussion with Gorgias seems only to be devised as a dexterity in refutation. (shrink)

Judith Shklar, David Runciman, and others argue against what they see as excessive criticism of political hypocrisy. Such arguments often assume that communicating in an authentic manner is an impossible political ideal. This article challenges the characterization of authenticity as an unrealistic ideal and makes the case that its value can be grounded in a certain political realism sensitive to the threats posed by representative democracy. First, by analyzing authenticity’s demands for political discourse, I show that authenticity has greater flexibility (...) than many assume in accommodating practices common to politics, such as deception, concealment, and persuasion through rhetoric. Second, I argue that a concern for authenticity in political discourse represents a virtue, not a distraction, for representative democracy. Authenticity takes on heightened importance when the public seeks information on how representatives will act in contexts where the public is absent and unable to influence decisions. Furthermore, given the psychological mechanisms behind hypocrisy, public criticism is a sensible response for trying to limit political hypocrisy. From the perspective of democratic theory and psychology, the public has compelling reasons to value authenticity in political discourse. (shrink)

A discussion of one of the three books by which McCloskey launched his own economic rhetoric. The main criticism is that McCloskey enlarged view of rhetoric is still not encompassing enough, being limited to rhetoric in the writing of economic literature, while leaving the function of metaphor and other tropes in the more basic processes of conceptualization, theory change, and construction of 'observed' phenomena.

"Language and its Public Features: Reorganizing the Trivium in Locke's Essay and Port-Royal Logic" The new theory of language in the 17th century coincides with the end the traditional order of disciplines in the trivium (grammar, logic and rhetoric), which in the mediaeval times provided a comprehensive view of the problems of discourse. The article focuses on some key passages in Port-Royal Logic and Locke's Essay that provide us with a typical early modern scheme of linguistic representation, characterised by (...) heavily emphasized dualism of ideas and words. Since ideas are also the meanings of words and are ontologically essentially private, one can raise the question, where in this analysis of language is it even possible to locate its public features. The article tries to show that private language is not only possible for Locke and the Port-Royalists, but that it is even a necessary and primary character of language. Language becomes a public medium of communication only on the junctures of private meanings constituted by the “common use” of words. The article then focuses on almost complete marginalisation in the two works of the theory of public speech. Rhetoric, in the 17th century often reduced to mere eloquence, has no place in philosophy, and the duties of making speeches persuasive are taken over by reason alone. To show how the domains of jurisdiction of the trivial disciplines had been transformed in the linguistic theories proposed by the Port-Royal Logic and Locke, one can construct a hypothetical early modern trivium in the light of the following order: idea – word – figure, or, logic – grammar – rhetoric. Rhetoric is found to have kept its structural place only to be singled out as dangerous. (shrink)

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

Techne and Truth. The problem of techne in the dispute between Gorgias and Plato -/- The source of the problem matter of the book is the Plato’s dialogue „Gorgias”. One of the main subjects of the discussion carried out in this multi-aspect work is the issue of the art of rhetoric. In the dialogue the contemporary form of the art of rhetoric, represented by Gorgias, Polos and Callicles, is confronted with Plato’s proposal of rhetoric and concept of (...) art (techne). The ingenuous and dramatic structure of the dialogue composed of three acts, in each of which Socrates’ consecutive interlocutors emerge, is difficult to interpret. It seems, however, that even though the first conversation between Socrates and Gorgias constitutes a small part of the dialogue, it forms the foundations for the discussion. This part, dealing with such important issues as the subject of art, knowledge, power and relation between art and good, is the starting point for the conversations which follow. What do the differences between the Gorgias’ and Plato’s concepts of art consist in? Any attempt to answer the question requires presentation of the background for the discussion taking place in Plato’s work as well as the reconstruction of Gorgias’ vision of the art of rhetoric and art in general, defining the relation between art and knowledge. The latter may be undertaken on the basis of two paraphrases of the treatise “On Non-existence”, two epideictic speeches entitled “Helen” and “Palamedes” and some smaller fragments which have been preserved from Gorgias’ creative output. The treatise “On Non–existence”, very paradoxical in its philosophical meaning, testifies to new, sophistic thinking represented by Gorgias of Leontinoi. The treatise is the polemic and attack on Eleatism based on certain principles and methods elaborated by the Eleatics themselves. It also shows that Gorgias – using traditional Eleatic schemes – is opposed to this tradition. Even though the treatise does not discuss the problem of art directly, it anticipates the considerations from epideictic speeches. “Helen” and “Palamedes” constitute further stages in the development of Gorgias’ thought and concept of art combining typically epideictic elements with some philosophical convictions. Gorgias refers to the Eleatic theme considering the issues of truth, knowledge and belief, yet defining them in the empirical spirit. Solutions in the cognitive sphere determine the horizon of Gorgias’ rhetoric. The word is separated from the existence. Human cognition is limited and therefore the word and visual images affect the belief. This promotes the great importance of rhetoric, painting and sculpture, i.e. the areas which influence in a specific way – creating the “delusion” (ἀπάτη). Through idealization art provides pleasure, which is its objective. Therefore the task of art is to create delusion. The rhetor of Leontinoi discusses the issue of “how?” to use the word ‘rhetoric’. Gorgias is aware that rhetoric may be used to talk about what is unknown and that technical correctness of a rhetoric statement is not identical with the truthfulness of the proclaimed message. Mentioning it, Gorgias shows his respect to the truth as a value which should be respected in speech on the one hand, and on the other emphasizes that the truth in itself has no persuasive power. For this reason it is not enough to proclaim the truth, but, to convince the listeners, the orator should possess the skill of speaking. What is then the relation between truth and art emerging from epideictic speeches? Gorgias undoubtedly emphasizes the formal aspect of speech, as rhetoric is art, thus an ability based on certain principles. According to Gorgias, the truth is the value which should be respected in speeches. Rhetoric is able to create a fictive world, as a great range of reality remains outside direct human experience. Rhetoric does not oppose the truth but discussing not only what is directly given concerns the area outside the sphere of direct experience. This concept of rhetoric is the basis of the discussion about art carried out in the dialogue “Gorgias”. Even though the first of the discussions in the dialogue – the conversation between Socrates and Gorgias – is directly concerned with rhetoric itself, numerous remarks testify to its much wider character. This is best exemplified by the way of carrying out the conversation by Socrates, who, asking questions about rhetoric practised by Gorgias, throughout the whole conversation compares it with other skills. Additionally, the manner and the structure of the conversation prove that Plato considers the issue of rhetoric from a wider perspective determined by the issue of art. The specific feature of the conversation is ordering it around main issues – such notions as πρᾶγμα, ἐπιστήμη, δύναμις, each of which has its own meaning in Plato. In the first part of Gorgias Plato presents the principles previously occurring in other dialogues in a certain order, thus constructing the structure of the conversation with Gorgias. The notions are not novum in Plato but the fact that he clearly wants to systematise them and present a certain concept of art is a new and significant aspect. This tendency is of paramount importance for the discussion because Gorgias’ answers are evaluated by Plato from the perspective of this clearly set concept consisting of not only established notions but also certain principles. The discussion between Socrates and Gorgias introduces a theme which is crucial for the dialogue: the relation between art and good, i.e. the technical and ethical spheres. The issue is introduced by Gorgias, who mentions that rhetoric may be used for evil purposes. On this basis Socrates proves that if rhetoricians can use rhetoric for evil purposes, they have no knowledge concerning the subject of their art – justice, because one who knows what is just, always acts justly. Thus the relation between the technical and ethical spheres transpires to be the main point of contention. The question is whether a technician following the principles of the art he practices may act against good. This paradoxical statement based on the well-known Socrates’ principle "nemo sua sponte peccat" acquires philosophical foundations in the dialogue. In its remaining two parts Plato presents a justification, placing the principle within the framework of a certain concept of art, as a result of which not only rhetoric but also many other skills are criticised. The notions on which the conversation with Gorgias focuses are more precisely defined in the subsequent parts of the dialogue. Additionally, Plato presents twice the conditions which art should fulfill. They oblige the “technicians” to know the nature and purpose of the art and to know the causes of undertaken activities and to be able to justify them. These conditions determine the relation between the two spheres – technical and ethical. According to Plato, art may not act against good because it should be the objective of its activities. Certain concepts of good and knowledge outlined in the dialogue are the guarantees of “technicality”. Good, which should be respected by every art, is understood objectively and is contrasted with subjective pleasure. Knowledge, which should be the basis of art, opposes experience, which uses observation and recollection. Additionally, the definition of knowledge, significance of order in the world assuming the form of “geometrical equality”, significance of mathematics becoming the ideal of exactness indicate that Plato’s concept of knowledge is formed in Gorgias. These conclusions render it impossible that the results of any activity deserving the name of art should oppose good. And this is Plato’s main reproach of Gorgias’ concept, who wrote about false speeches possessing the power of conviction because they were written according to the principles proof of art or who defined tragedy as “a deceit, where he who cheats is more just than he who does not and the cheated is wiser than he who was not cheated”. Such determination of the relation between the technical and ethical sphere resulted from Gorgias’ concept of the world and fundamental philosophical principles. The whole concept of art described by Plato in the dialogue opposes the view presented by Gorgias. According to Plato, every technical activity has a defined object (ἔργον), is based on knowledge (ἐπιστήμη) and is always aimed at the good of human soul or body. The danger revealed and presented in the dialogue by Plato exists in the very concept of art presented by Gorgias, i.e. in its empirical foundations and the resulting understanding of the relation between art and good. Gorgias’ concept of art based on empirical cognition, which concerns the world of phenomena and rejects the possibility of perfect knowledge, leads, according to Plato, to a dangerous falsification of the relation between art and good. Plato proves that this weakness of Gorgias’ concept is revealed when confronted with these representatives of “the magnificent art” who are not protected against radicalism by the adherence to the moral tradition. The comparison of two, completely contrasting concepts of art based on different philosophical understanding of knowledge and good is decisive for the criticism of rhetoric in Gorgias. The concept presented by Plato criticises contemporary rhetoric and sophistry but determines the direction of research of the real art of rhetoric. (shrink)

Note: This draft was updated on September 21, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

I try to read Aristotle's Poetics and Rhetoric as if they were an integral part of the Organon instead of separate works as they were sorted by Andronicus of Rhodes. The results are quite surprising. First, poetics and rhetoric, considered as sciences of speech, were much more intimately related to Aristotle's analytical logic than it is generally acknowledged by prominent interpreters. I maintain that Dialectics (the Topics) operated as a bridge leading from these two sciences to analytical logic; (...) that the types of speech encompassed by the four respective sciences did not only form a ladder, ascending from the more loose forms of persuasion to the more rigorous ones, but that there was between them a whole net of cross-currents and implications that were too much obvious for Aristotle to remain unaware of them, notwithstanding the fact that he doesn’t describe them anywhere. I maintain, in short, there was an unified science of persuasive speech, whose principles were implicitly intertwined in the fabric of Aristotle's Organon. By means of a comparative study of the works consecrated by Aristotle to poetics, rhetoric, dialectics and analytics, these principles could be unearthed and accurately expressed. I called them the theory of the four discourses. (shrink)

This article wants to analyze how Candido Portinari in his paintings with rural theme, engages a poetry of silence. To understand the functioning of this poetic language, we will adopt the Groupe μ analysis method (both the General Rhetoric andthe Treatise on theVisual Sign). Whereas the language is manifold as the forms of representation, and it present in all media, whatever the lack of speech -silence -would find its richest form in both directions through the metaphors and metonymy engaged (...) in metasememes of the paintings studied. (shrink)

The article explores the context and conceptual foundations of doxology - new project of epistemology proposed by Swedish professor Mats Rosengren. He reinterprets the basic concepts of epistemology, which were formed in the times of Plato and Aristotle. Swedish scholar is trying to rebuild the philosophy of knowledge, based on the updated system of initial abstractions. He inverts the traditional oppositions: knowledge (episteme) vs. opinion (doxa), philosophy vs. rhetoric. Thus, he takes the position of rhetorical philosophy, conceptually close to (...) the positions of the Greek sophists-rhetoricians. Rosengren gives a doxological interpretation of the Protagoras thesis about a human as a measure of all things. According to this account, human - it's all mankind; and the essence of humans, from the standpoint of the ancient Greeks, is human mind-logos. Rosengren thinks that protagorean approach, basal for doxology, has great heuristic potential. The heart of this approach is that all human knowledge is doxical, is not epistemic. And the task of doxology - to find out how we, humans, as social beings, really create the knowledge that can be examined as truth. (shrink)

The art of legislation, that had got lost, is reborn in this book from the classic tradition, which conceives the laws like wise and eloquent civic speeches, and the rhetoric as its basic method, of a such way, that the return to the ancient will be a true progress.

Many of the philosophical doctrines purveyed by postmodernists have been roundly refuted, yet people continue to be taken in by the dishonest devices used in proselytizing for postmodernism. I exhibit, name, and analyse five favourite rhetorical manoeuvres: Troll's Truisms, Motte and Bailey Doctrines, Equivocating Fulcra, the Postmodernist Fox Trot, and Rankly Relativising Fields. Anyone familiar with postmodernist writing will recognise their pervasive hold on the dialectic of postmodernism and come to judge that dialectic as it ought to be judged.

The common view is that no novel IS an argument, though it might be reconstructed as one. This is curious, for we almost always feel the need to reconstruct arguments even when they are uncontroversially given as arguments, as in a philosophical text. We make the points as explicit, orderly, and (often) brief as possible, which is what we do in reconstructing a novel’s argument. The reverse is also true. Given a text that is uncontroversially an explicit, orderly, and brief (...) argument, in order to enhance plausibility, our first instinct is to flesh it out with illustrations and relationships to everyday life. If this process is fictive (e.g., with “thought experiments”) and orderly, it is story-telling. This paper investigates whether there is a principled way of determining a novel’s argument, which should contribute as much to understanding arguments as to understanding novels. (shrink)