The rhetorical theory of argument, if held as a conclusion of an argument, is self-defeating. The rhetorical theory can be refined, but these refinements either make the theory subject to a second self- defeat problem or tacitly an epistemic theory of argument.

The pragmatic theory of explanation is an attempt to see explanation as a linguistic response to a cognitive problem where the content of the response depends on the context of the scientific inquiry. The present paper draws on the rhetorical situation, as it is defined by Loyld Bitzer, in order to understand how the context may influence the content as well as the acceptability of the response.

This essay is motivated by a common call for a reconceptualization of educational processes. Taking the contemporary era of informationalism,2 transnational knowledge economies,3 and, by implication, an epistemification of everyday life,it is held that the dynamics of globalized knowledge structures, altered epistemic cultures, and learning seems to be undertheorized.5 One distinct dilemma seems to be the inherent paradox of the current discourses, signifying — on the one hand — a move away from “the postmodern condition” towards universalism, while — on (...) the other hand — carrying an anti-universal thrust, emphasizing diversity, complexity, and hybridity of knowledge. My essay will by no means offer any solution to the paradox. Nevertheless, in giving an account of C.S. Peirce’s later semeiotic, while pointing to some fruitful contributions from his “speculative rhetoric,” I here explore how Peirce may help to illuminate the dynamic relations of knowledge and learning within a globalized world of change.6 In what ways may Peirce’s later semeiotic carry a promise of a productive theory of the dynamics of knowledge and learning that moves Beyond traditional notions of educational processes? (shrink)

Archimedes of Syracuse has long provided a touchstone for considering how we make and acquire knowledge. Since the early Roman chroniclers of Archimedes’ life, and especially intensively since Descartes, scholars have described, sought, or derided the Archimedean point, defining and redefining its epistemic role. “Knowledge,” at least within modernity, is rhetorically tied to the figure of the Archimedean point, a place somewhere outside a regular and constrained world of experience. If this figure still leads to useful ways of thinking about (...) knowing, we are left with the question of how different modes of making knowledge approach their “Archimedean” points. The question is especially important today as a renewed .. (shrink)

Artificial intelligence has historically been conceptualized in anthropomorphic terms. Some algorithms deploy biomimetic designs in a deliberate attempt to effect a sort of digital isomorphism of the human brain. Others leverage more general learning strategies that happen to coincide with popular theories of cognitive science and social epistemology. In this paper, I challenge the anthropomorphic credentials of the neural network algorithm, whose similarities to human cognition I argue are vastly overstated and narrowly construed. I submit that three alternative supervised learning (...) methods—namely lasso penalties, bagging, and boosting—offer subtler, more interesting analogies to human reasoning as both an individual and a social phenomenon. Despite the temptation to fall back on anthropomorphic tropes when discussing AI, however, I conclude that such rhetoric is at best misleading and at worst downright dangerous. The impulse to humanize algorithms is an obstacle to properly conceptualizing the ethical challenges posed by emerging technologies. (shrink)

According to a common misconception, Kant rejects rhetoric as worthy of no respect and neglects popularity as a dispensable accessory. Two recent publications on the communicative dimension of Kant’s conception and practice of philosophy represent a very solid rebuttal of such criticism. The books in question are Kant’s Philosophy of Communication by G. L. Ercolini and A linguagem em Kant. A linguagem de Kant edited by Monique Hulshof and Ubirajara Rancan de Azevedo Marques, especially in light of the long chapter (...) “Kant e a Questão da Popularidade e da Linguagem da Filosofia” by Leonel Ribeiro dos Santos (pp. 17- 69). What Ercolini’s monograph and Santos’ chapter have in common, is that they both argue that Kant does indeed value and practice both rhetoric and popularity. However, they differ from each other in that Ercolini lets Kant’s reflection on popularity derive from occasional factors, while Santos locates its origin at the heart of Kant’s critical project. In order fully to appreciate their novelty, these two contributions call for an overview of the state of research on the subject of Kant’s conception of rhetoric. Thus, before closely examining them, I will briefly outline the relevant scholarship by dividing it into the three classes of those who interpret Kant (a) as a skillful rhetorician, (b) as dismissive of rhetoric, and finally (c) as according rhetoric a moral function. (shrink)

Bodily rhetoric is a burgeoning field, with scholars investing attention to the ways in which non-verbal communication mediates change between individuals and groups in complex scenarios, including political settings. Scenarios in which individuals move together – whether in completely extemporaneous situations or in existing forms such as Contact Improvisation, Argentinian Tango, or Classical Pas de Deux – pose a similarly complex communicative problem. Drawing on the work of Lloyd Bitzer, I demonstrate how rhetorical theory provides methodological insight by (...) which we can better understand the dynamic practice that is always already happening in situations where individuals move together. (shrink)

In any field, we might expect different features relevant to its understanding and development to receive attention at different times, depending on the stage of that field’s growth and the interests that occupy theorists and even the history of the theorists themselves. In the relatively young life of argumentation theory, at least as it has formed a body of issues with identified research questions, attention has almost naturally been focused on the central concern of the field—arguments. Focus is also (...) given to the nature of arguers and the position of the evaluator, who is often seen as possessing a “God’s-eye view” (Hamblin 1970). Less attention, however, has been paid in the philosophical literature to the .. (shrink)

A comprehensive account of Peirce's third branch of semiotic--universal or speculative rhetoric. The article places Peirce's work in the context of the rhetorical tradition. Unlike the direction that analytic and positivist philosophy took, Peirce does not separate logic and rhetoric. Instead Peirce uses his novel theory of rhetoric to show how logic and scientific investigation is tied to a cooperative community of inquiry.

Making Sense of Messages Making Sense of Messages, now in its second edition, retains the apprenticeship approach which facilitates effectively learning the complex content and skills of rhetorical theory and criticism. A new chapter on “The Rhetoric of Ignorance” provides needed theory and examples that help students deal with the new rhetorical landscape marked by such discursive complexities as “fake news,” “whataboutism,” and denial of science that creates rather than reduces uncertainty in public argument. A new (...) chapter, “Curating and Analyzing Multimodal Mediated Rhetoric,” deals with problems of media criticism in the digital age. It provides theory, models of application, and commentary that help novice critics understand and rnindfully practice criticism that leads to insight, not mere opinion. Throughout the book, extended and updated examples and commentaries are designed to promote “novice—to—expert” agency in students. This textbook is ideal for introductory courses in contemporary rhetoric, rhetorical criticism, and critical analysis of mass media. Mark Stoner is Professor Emeritus of Communication Studies University, Sacramento. at California State. (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.

How might discourse generate political change? So far, democratic theorists have focused largely on how deliberative exchanges might shift political opinion. Responding to empirical research that casts doubt on the generalizability of deliberative mechanisms outside of carefully designed forums, this essay seeks to broaden the scope of discourse theory by considering speech that addresses participants’ identities instead. More specifically, we ask what may be learned about identity-oriented discourse by examining the practice of religious preaching. As we demonstrate, scholars of (...) homiletics—the study of preaching—have identified three core features that support its focus on identity: its unconditionality, its appeal to authoritative texts and traditions, and its diffuse instrumentality. We then ask what each of these features might look like in more straightforwardly political contexts. Finally, we address several normative questions raised by this practice, as a way of exploring the promises and dangers accompanying identity-oriented discourse more generally. (shrink)

In this article, the authors try to answer the following questions: How can an object/instance seen for the first time extend a category or update a concept? How is it possible to determine the reference of a concept that represents a behaviour? In the first case, the authors discuss the learning of inferential linguistic competence used to update a concept through an approach based on prototype theory. In the second case, the authors discuss the learning of referential linguistic competence (...) used to determine the reference of a concept (i.e., determination of an actual behaviour) through an approach based on embodied cognition. The authors show how combining prototype-based and embodied categorization in Wittgenstein’s rule-following praxis (the individual and community dimension), linguistic learning of a concept (inferential competence), and determination of its reference (referential competence) can be traced back to the same model. Keywords Action, Categorization, Embodied Cognition, Embodiment, Linguistic Inferential Competence, Linguistic Referential Competence, Perception, Prototype Theory, Reference, Sign. (shrink)

Language and politics go hand in hand and learning and comprehending political genre is to learn a language created for codifying, extending and transmitting political discourse in any text/talk. Drawing upon the theoretical framework of Fairclough’s CDA and Rhetoric, the current study aims at investigating Donald Trump’s First Speech, from the point of frequency and functions of some rhetorical strategies (Parallelism, Anaphora and the Power of Three, Antithesis and Expletive, etc.), Nominalization, Passivization, We-groups and Modality as well as Lexical (...) and Textual Analysis, presented to the UN delivered on Sep. 19, 2017. Specifically, the study seeks to determine: (1) how President Trump succeeded in conveying his notions and assumptions to his intended audience, and in convincing and negotiating, (2) how he attempted to explicitly and implicitly pass his attitudes on his targets, and (3) how those orientations, intended notions and assumptions were seamlessly presented to his addressees in discoursal and lexico-grammatical levels; (4) and finally in this underlying trend how he achieved his own ends. The results of the study hope to enhance reading comprehension and writing in academic registers for EFL/ESL students. (shrink)

A discussion of the new interpretation of Adam Smith's system proposed by Ortmann and Walvaerens.

This entry investigates the connections between neo-populism and neo-conspiracism in the USA. One central thread is the rhetoric of purity that fosters rigid dichotomies of thought about identities, contributing to both populism and conspiracism, eliciting a neologism: conspirapopulism.

The ecologist today finds scarce ground safe from controversy. Decisions must be made about what combination of data, goals, methods, and theories offers them the foundations and tools they need to construct and defend their research. When push comes to shove, ecologists often turn to philosophy to justify why it is their approach that is scientific. Karl Popper’s image of science as bold conjectures and heroic refutations is routinely enlisted to justify testing hypotheses over merely confirming them. One of the (...) most controversial theories in contemporary science is the Neutral Theory of Ecology. Its chief developer and proponent, Stephen Hubbell, presents the neutral theory as a bold conjecture that has so far escaped refutation. Critics of the neutral theory claim that it already stands refuted, despite what the dogmatic neutralists say. We see the controversy through a Popperian lens. But Popper’s is an impoverished philosophy of science that distorts contemporary ecology. -/- The controversy surrounding the neutral theory actually rests on a methodological fault. There is a strong but messy historical link between the concepts of being neutral and being null in biology, and Hubbell perpetuates this when he claims that the neutral theory is supplies the appropriate null for testing alternative theories. What method is being followed here? There are three contenders: -/- Null hypothesis testing tests for whether a there is a pattern to be explained. Null modeling tests for whether a process is causally relevant to a pattern. Baseline modeling apportions relative responsibility to multiple processes each relevant to a pattern. -/- Whether the neutral theory supplies an appropriate “null” depends upon whether null hypothesis, null modeling, or baseline model is intended. These methods prescribe distinct inference patterns. If they are null hypothesis testing or null modeling, the neutralists’s reasoning is invalid. If they are baseline modeling, the justification of a crucial assumption remains opaque. Either way, the neutral-null connection is being exploited rhetorically to privilege the neutral theory over its rivals. Clarifying the reasoning immunizes us against the rhetoric and foregrounds the underlying virtues of the neutralist approach to ecology. -/- The Popperian lens distorts theoretical development as dogmatism. Lakatos’s view of science as the development of research programmes clarifies the epistemology of the neutral theory. Focusing philosophical attention on the neutralist research programme illuminates (1) the synchronic uses of the neutral theory to make predictions and give descriptions and explanations; (2) its diachronic development in response to theoretical innovation and confrontation with data; (3) its complex relationships to alternative theories. For example, baseline modeling is now seen to be its primary explanatory heuristic. The justification for baseline modeling with the neutral theory, previously hidden from view, is seen in the logic of in the neutralist research programme. (shrink)

Research on conspiracy theories has proliferated since 2016, in part due to the US election of President Trump, the COVID-19 pandemic, and increasingly threatening environmental conditions. In the rush to publication given these concerning social consequences, researchers have increasingly treated as definitive a 2016 paper by Michael Wood (Political Psychology, 37(5), 695–705, 2016) that concludes that the phrase “conspiracy theory” has no negative effect upon people’s willingness to endorse a claim. We revisit Wood’s findings and its (re)uptake in the (...) recent literature. Is the label “conspiracy theory” a pejorative? If so, does it sway or affect people’s belief in specific claims of conspiracy (i.e. particular conspiracy theories), or is the effect one that concerns claims of conspiracy more generally (i.e. all conspiracy theories)? Through an examination of the conceptual and methodological scope of Wood’s work and the results of our similar quasi-experimental design, we argue that it is premature to suggest the label “conspiracy theory” has no impact on the believability of a claim, or that it has no rhetorical power. (shrink)

Aristotle divided arguments that persuade into the rhetorical (which happen to persuade), the dialectical (which are strong so ought to persuade to some degree) and the demonstrative (which must persuade if rightly understood). Dialectical arguments were long neglected, partly because Aristotle did not write a book about them. But in the sixteenth and seventeenth century late scholastic authors such as Medina, Cano and Soto developed a sound theory of probable arguments, those that have logical and not merely psychological (...) force but fall short of demonstration. Informed by late medieval treatments of the law of evidence and problems in moral theology and aleatory contracts, they considered the reasons that could render legal, moral, theological, commercial and historical arguments strong though not demonstrative. At the same time, demonstrative arguments became better understood as Galileo and other figures of the Scientific Revolution used mathematical proof in arguments in physics. Galileo moved both dialectical and demonstrative arguments into mathematical territory. (shrink)

In this article I argue for two closely related conclusions: one concerned more narrowly with the internal consistency of G. A. Cohen's theorizing about justice and the unique rhetoric in which it is couched, the other connected to a more sweeping set of recommendations about how theorizing on justice is most promisingly undertaken. First, drawing on a famous insight of G. E. Moore, I argue that although the purity of Cohenian justice provides Cohen a platform from which to put some (...) extremely challenging criticisms to Rawls and Rawlsian liberals, at the same time it generates a sort of self-referential paradox for many of the theses about the concept of justice to which Cohen himself is committed. I go on to conclude, using Rawls's theory of justice as a model, that it would serve political philosophy well to conceive of justice with less purity than Cohen conceives of it. (shrink)

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)

Brand Equity Planning with Structuralist Rhetorical Semiotics furnishes an innovative conceptual model and methodology for brand equity planning, with view to addressing a crucial gap in the marketing and semiotic literatures concerning how advertising multimodal textual elements may be transformed into brand associations, with an emphasis on rhetorical relata as modes of connectivity between a brand’s surface and depth grammar. The scope of this project is inter-disciplinary, spanning research areas such as brand equity, structuralist semiotics, textual semiotics, visual (...) and film semiotics, multimodal rhetoric, film theory, psychoanalysis. The proposed connectionist conceptual model of the brand trajectory of signification is operationalized through a methodological framework that encompasses a structuralist semiotic interpretative approach to the textual formation of brand equity, supported by quantitative content analysis with the aid of the software Atlas.ti and the application of multivariate mapping techniques. (shrink)

Students of Stoic philosophy, especially of Stoic ethics, have a lot to swallow. Virtues and emotions are bodies; virtue is the only good, and constitutes happiness, while vice is the only evil; emotions are judgements ; all sins are equal; and everyone bar the sage is mad, bad and dangerous to know. Non-Stoics in antiquity seem for the most part to find these doctrines as bizarre as we do. Their own philosophical or ideological perspectives, and the criticisms of the Stoa (...) to which these gave rise, are no less open to criticism than are the paradoxes and puzzles under attack – but they may be, often are, better documented, less provocatively attention-begging, or simply more familiar. Even disputes within the Stoa can be obscured or distorted by modern prejudices. Posidonius rejected Chrysippus' theory of a unitary soul, one rational through and through, on the grounds that such a theory could not satisfactorily account for the genesis of bad – excessive and irrational – emotions, the πάθη. Posidonius' own Platonising, tripartite soul feels more familiar to us because the Republic tends to be a set text rather more often than do the fragments of Chrysippus' de anima; and the balance in Plato's favour is unlikely to change. When Posidonius wrote, on the other hand, the Chrysippean soul was school orthodoxy, and Platonism the latest thing in radical chic. (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)

In the light of Halliday's Ideational Grammatical Metaphor, Rhetoric and Critical Discourse Analysis, the major objectives of this study are to investigate and analyze Barack Obama's 2012 five speeches, which amount to 19383 words, from the point of frequency and functions of Nominalization, Rhetorical strategies, Passivization and Modality, in which we can grasp the effective and dominant principles and tropes utilized in political discourse. Fairclough’s Critical Discourse Analysis frameworks based on a Hallidayan perspective are used to depict the orator’s (...) deft and clever use of these strategies in the speeches which are bound up with his overall political purposes. The results represent that nominalization, parallelism, unification strategies and modality have dominated in his speeches. There are some antithesis, expletive devices as well as passive voices in these texts. Accordingly, in terms of nominalization, some implications are drawn for political writing and reading, for translators and instructors entailed in reading and writing pedagogy. (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)

Noah Rosenberg et al.'s 2002 article “Genetic Structure of Human Populations” reported that multivariate genomic analysis of a large cell line panel yielded reproducible groupings (clusters) suggestive of individuals' geographical origins. The paper has been repeatedly cited as evidence that traditional notions of race have a biological basis, a claim its authors do not make. Critics of this misinterpretation have often suggested that it follows from interpreters' personal biases skewing the reception of an objective piece of scientific writing. I contend, (...) however, that the article itself to some degree facilitates this misrepresentation. I analyze in detail several verbal and visual features of the original article that may predispose aspects of its racial interpretation; and, tracing the arguments of one philosopher and one popular science writer, I show how these features are absorbed, transformed into arguments for a biological basis of race, and re-attributed to the original. The essay demonstrates how even slight ambiguities can enable the misappropriation of scientific writing, unintentionally undermining the authors' stated circumspection on the relationship between cluster and race. (shrink)

The paper aims at disclosing the process of writer identity enactive construal in narrative writing. Three constituent parts of identity discoursal construction in the narrative are social semiotics as a reflection of the social environment, cultural identity theory as the embodiment of cultural choices and preferences, and pragmatics (Charles S. Peirce). The following research questions have been formulated: (1) What is the nature of identity construction? (2) What rhetorical factors influence identity construal in narrative discourse? By providing a (...) step-by-step analysis of thematic structure, the paper conducts a discourse analysis of narrative episodes in terms of Agent, Process, and Medium triad (Halliday, 1973), reflecting the mechanisms of reader’s manipulation with information as a dynamic semiotic process of interpretation, limited by a final interpretant. (shrink)

Notwithstanding its value as the earliest extant New Persian treatment of the art of rhetoric, Rādūyānī’s Interpreter of Rhetoric (Tarjumān al-Balāgha) has yet to be read from the vantage point of comparative poetics. Composed in the Ferghana region of modern Central Asia between the end of the eleventh century and the beginning of the twelfth century, Rādūyānī’s vernacularization of classical Arabic norms inaugurated literary theory in the New Persian language. I argue here that Rādūyānī’s vernacularization is most consequential with (...) respect to its transformation of the classical Arabic tropes of metaphor (istiʿāra) and comparison (tashbīh) to suit the new exigencies of a New Persian literary culture. In reversing the relation between metaphor and comparison enshrined in Arabic aesthetics, Rādūyānī concretized the Persian contribution to the global study of literary form. -/- . (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and (...) by admitting people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)

The foundation of Economic failures to solve the economic problems is in the epistemological contradiction and failures of Economic Theories. This paper shows the most important contradictions in the Big Paradigms of the las centuries (Marx, Walras, Keynes).

A key and continuing concern within the pragma-dialectical theory of argumentation is how to account for effective persuasion disciplined by dialectical rationality. Currently, van Eemeren and Houtlosser offer one response to this concern in the form of strategic manoeuvring. This paper offers a prior/passing theory of communicative interaction as a supplement to the strategic manoeuvring approach. Our use of a prior/passing model investigates how a difference of opinion can be resolved while both dialectic obligations of reasonableness and (...) class='Hi'>rhetorical ambitions of argumentative success are simultaneously accommodated. The paper explores the model with particular reference to the pragma-dialectical rules of critical discussion, strategic manoeuvring and fallacious reasoning. (shrink)

Note: This draft was updated on November 10, 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)

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

In this paper, I argue that Descartes developed an early theory of happiness, which he rhetorically claimed to have stemmed from his choice of vocation in 1619. I provide a sketch of his theory in the Discours, noting, however, some problems with the historicity of the text. I then turn to his Olympica and associated writings that date from this period, where he literally asked, “What way in life shall I follow?” I take Descartes’ dreams as allegorical and (...) provide an interpretation of his curious claim that poets are better equipped to discover truth than philosophers, made at a time when he chose to become a philosopher and not a poet. My way out of this conundrum is to identify in this text a philosophical psychology that I argue is consistent with the Regulae and the Discours, is part of what he took to be his “foundation of the wonderful science,” and is the essence of his early theory of happiness. (shrink)

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

The growing importance of Social Networking Sites (SNS) in today's information economy has generated significant interest for understanding and managing shared fake news about brands on social media among academia and industry worldwide. In this context, we consider it is important to discuss the role of flow, also called optimal experience, in sharing fake news about brands on social media. Firstly, we will critically analyze the conceptualizations of the umbrella term „fake news‟ in the so-called „post-truth‟ era and assume a (...) narrow definition from literature. Secondly, we will review different theories from literature (i.e., selective exposure theory, uses and gratifications theory, social comparison theory, rational choice theory and self- determination theory) in order to explain why users share fake news. Furthermore, we will refer to flow theory proposed by Csikszentmihalyi (1975), which could be used as a framework to better the understanding of the user‟s behavior regarding the sharing of fake news about brands on social media. Flow is a hedonistic construct whose importance is widely recognized as having a major impact on the user's behavior in relation to information systems. According to Csikszentmihalyi (1975, 1988), flow is a “crucial component of enjoyment” and is “the holistic sensation that people feel when they act with total involvement”. In a flow state, the consumer perceives an effortless action, loss of time and a sense that the experience stands out as being exceptional compared to daily activities (Csikszentmihalyi 1997). Flow is a continuous variable that can occur on different levels, ranging from none to an intense (or complete) state (Csikszentmihalyi & Csikszentmihalyi 1988). Flow experience has been studied as an independent variable, as a dependent variable, and lately, as a mediator variable. In this paper we propose a new conceptual model containing 3 variables: (1) fake news spread about brands in SNS, (2) flow state experienced by SNS human users (i.e., optimal experience) and (3) sharing fake news about brands on social media by SNS human users (i.e., social media behavior). We conclude by outlining the need to empirically test the new conceptual model proposed in this paper. (shrink)

Albert and Cederman couch the neorealist perspective in terms of ‘systems’ theorizing, Ferguson and Mansbach rhetorically discuss issues and non-issues which are readily addressed within the neoliberal perspective, and of course, Onuf is unabashedly a constructivist. Below, I discuss each theoretical perspective relative to the articles assigned, and, thereafter conclude with some observations on the three articles and theoretical frameworks.

Few scientists are conscious of the distinc- tion between the logic of what they write and the rhetoric of how they write it. This is because we are taught to write scientific papers and books from a third-person per- spective, using as impersonal (and, almost inevitably, boring [1]) a style as possible. The first chapter in Elliott Sober’s new book examines the difference between Darwin’s logic and his rhetoric in The Origin, and manages to teach some interesting and in- sightful (...) historical and philosophical lessons while doing so. (shrink)

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

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

Eristic has been studied more and more intensively in recent years in philosophy, law, communication theory, logic, proof theory, and A.I. Nevertheless, the modern origins of eristic, which almost all current researchers see in the philosopher Arthur Schopenhauer, are considered to be a theory of the illegitimate use of logical and rhetorical devices. Thus, eristic seems to violate the norms of discourse ethics. In this paper, I argue that this interpretation of eristic is based on prejudices (...) that contradict the original intention of modern eristic. Eristic is not an art of being right or winning an argument, but an art of protecting oneself from the one who deliberately violates norms of discourse ethics to gain argumentative acceptance. For this reason, eristic must be seen as a discipline of Enlightenment philosophy and a correlate of discourse ethics. Especially in the age of alternative facts and post-factual politics, this makes eristic a valuable discipline. (shrink)

Bad jokes are not simply non-humorous texts. They are texts that are humorous for someone––their author at least––but not for their audience. Bad jokes thus involve a contextual––pragmatic––dimension that is neglected in the semantic theories of humor. In this paper, we propose an approach to humor based on the Aristotelian notion of surprising enthymemes. Jokes are analyzed as kinds of arguments, whose tacit dimension can be retrieved and justified by considering the “logic” on which it is based. However, jokes are (...) based on specific pragmatic conditions: they are regarded as arguments grounded on a generalization that is at the same time uncommon, retrievable, and acceptable or plausible for the audience. This perspective integrates the “local logic” of jokes within a broader rhetorical theory that ultimately rests on the communicative notion of common ground. (shrink)

Interpretation in science has gained little attention in the past because philosophers of science believed that interpretation belongs to the context of discovery or must be associated with meaning. But scientists often speak about interpretation when they report their findings. Elsewhere I have argue in favour of a pragmatic-rhetorical theory of explanation, and it is in light of this theory that I suggest we can understand interpretation in the natural sciences.

Building on the multivalent meanings of the Arabo- Persian tarjama (‘to interpret’, ‘to translate’, ‘to narrate’), this essay argues for the relevance of Qur’ānic inimitability (i'jāz) to contemporary translation theory. I examine how the translation of Arabic rhetorical theory ('ilm al-balāgha) into Persian inaugurated new trends within the study of literary meaning. Finally, I show how Islamic aesthetics conceptualizes the translatability of literary texts along lines kindred to Walter Benjamin. -/- .

This paper is dedicated to the Εἰκόνες of the two Philostrati and to the Ἐκφράσεις of Callistratus, that is to say to three Greek works that bear important witness to the genre of art criticism in Antiquity and which concern both literary history and the history of art. The first series of Εἰκόνες is the work of Philostratus the Elder (2nd-3rd century AD) and comprises sixty-five descriptions of paintings with mythological subjects, which the author assures us he has seen in (...) a gallery in Naples. Another Philostratus, who claims to be the grandson of the former, and who is traditionally referred to as Philostratus the Younger, wrote a second, shorter series of Εἰκόνες, which describes seventeen paintings. Finally, a certain Callistratus, who probably dates from the 4th century AD, is the author of the Ἐκφράσεις, which group together fourteen descriptions of statues in marble and bronze.1 Ecphrasis is a subject that is often the focus of contemporary research. Perhaps its importance stems from the fact that we live in a civilization dominated by images, and we feel the need to control the visual imagery that surrounds us, to govern it and to make sense of it through language. The attention given to literary theory, rhetoric and sophistry today also helps to explain the success of this subject. The present book is situated in this field of research. The "La Licorne" series in which it is published specializes in the study of ancient and modern literature, a specialization to which this volume corresponds. This volume has two points of focus: (1) the literary form of description and the complex relationships between word and image, between the oral and the visual (hence the title Le défi de l'art, which signifies, among other things, that the art of the painter and of the sculptor challenges the sophist, who tries to describe works of art with words); (2) the Nachleben of ancient texts, because Philostratus and Callistratus were well-known to posterity, particularly during the Renaissance. (shrink)

If we regard discursive practice as constitutive for the way we relate to the world, ourselves and others, then it is vitally important to ask how this practice can be formed or cultivated. For this reason, rhetoric has always been closely connected to ethics. This article attempts to explicate this relationship. It revolves around ancient conceptions of rhetoric that do not aim at establishing a system or a theory of speech, but at cultivating speech as a practice of good (...) life. This “rhetorical ethics” of antiquity remains instructive for contemporary thinking, since it points to a way of reflecting discourse that accounts not only for the content of speech but also for how it shapes human life. In particular, it is instructive for modern ethics, since it reveals that moral discourse can be regarded as a rhetorical practice too: it is not ethically neutral but has to be reflected upon as a practice of life. (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)