Reconstructing Complex Analogy Argumentation in Judicial Decisions: A Pragma-Dialectical Perspective

Empirical research in the field of legal interpretation shows that, in many cases, analogy argumentation is complex rather than simple. Traditional analytical approaches to analogy argumentation do not explore that complexity. In most cases analogy argumentation is reconstructed as a simple form of argumentation that consists of two premises and a conclusion. This article focuses on the question of how to analyze and evaluate complex analogy argumentation. It is shown how the pragma-dialectical approach provides clues for analyzing complex analogy argumentation and how the criteria for evaluating analogy argumentation can be used to reconstruct these types of complex analogy argumentation in Dutch case law. The critical questions in the argumentation scheme do not only serve as a tool for analyzing arguments justifying analogy argumentation, but are also helpful in analyzing arguments against a specific analogy argumentation.     

The Pragma-Dialectical Analysis and Evaluation of Teleological Argumentation in a Legal Context

In this article the author develops a framework for a pragma-dialectical reconstruction of teleological argumentation in a legal context. Ideas taken from legal theory are integrated in a pragma-dialectical model for analyzing and evaluating argumentation, thus providing a more systematic and elaborate framework for assessing the quality of teleological arguments in a legal context. Teleological argumentation in a legal context is approached as a specific form of pragmatic argumentation. The legal criteria that are relevant for the evaluation of teleological argumentation are discussed and translated in terms of critical questions that are relevant for the evaluation of the various forms of teleological argumentation.

The Rational Reconstruction of Argumentation Referring to Consequences and Purposes in the Application of Legal Rules: A Pragma-Dialectical Perspective

In this paper, the author develops an instrument for the rational reconstruction of argumentation in which a judicial decision is justified by referring to the consequences in relation to the purpose of the rule. The instrument is developed by integrating insights from legal theory and legal philosophy about the function and use of arguments from consequences in relation to the purpose of a rule into a pragma-dialectical framework. Then, by applying the instrument to the analysis of examples from legal practice, it is demonstrated that the instrument can offer a heuristic and critical tool for the analysis and evaluation of legal argumentation that can ‘bridge’ the gap between more abstract discussions of forms of legal argumentation on the one hand, and legal arguments as they occur in actual legal practice on the other hand.     

A Pragma-Dialectical Approach of the Analysis and Evaluation of Pragmatic Argumentation in a Legal Context

This paper answers the question how pragmatic argumentation which occurs in a legal context, can be analyzed and evaluated adequately. First, the author surveys various ideas taken from argumentation theory and legal theory on the analysis and evaluation of pragmatic argumentation. Then, on the basis of these ideas, she develops a pragma-dialectical instrument for analyzing and evaluating pragmatic argumentation in a legal context. Finally she demonstrates how this instrument can be used by giving an exemplary analysis and evaluation of pragmatic argumentation in a decision of the Dutch Supreme Court.     

Monologic and Dialogic Styles of Argumentation: A Bakhtinian Analysis of Academic Debates between Mainland China and Taiwan

This study applies the concept of reported speech advanced by the renowned Russian literary scholar Mikhail Bakhtin to compare the argumentative styles of Mainland China and Taiwan. These societies in question are considered by many scholars as sharing the same argumentative style. The study reports that the Mainland debaters more frequently than the Taiwanese debaters maintained the authenticity of the quotations cited from ancient Confucian sources, whereas Taiwanese debaters paraphrased more frequently. On the other hand, this difference cannot be found when debaters quoted from sources other than Ancient Confucians. The findings, according to Bakhtin, imply a contrast of monologic and dialogic tendencies toward authority, which results in a style difference between Mainland and Taiwan argumentation.     

The Construction of Issues: Pleading Theory and Practice, Relevance in Pragmatics, and the Confrontation Stage in the Pragma-Dialectical Theory of Argumentation

Legal theory and practice, particularly on the exchange of pleadings, are referred to as a means of examining current thinking in pragmatics on relevance. The rules of pleadings suggest that the concept of relevance as used in pragmatics is emptied of any meaning and that theories of argumentation have not sufficiently taken into account the preliminary construction which issues to be argued about require.     

Courage in The Analects: A Genealogical Survey of the Confucian Virtue of Courage

The different meanings of “courage” in The Analects were expressed in Confucius’ remark on Zilu’s bravery. The typological analysis of courage in Mencius and Xunzi focused on the shaping of the personalities of brave persons. “Great courage” and “superior courage”, as the virtues of “great men” or “shi junzi 士君子 (intellectuals with noble characters)”, exhibit not only the uprightness of the “internal sagacity”, but also the rich implications of the “external kingship”. The prototype of these brave persons could be said to be between Zengzi’s courage and King Wen’s courage. The discussion entered a new stage of Neo-Confucianism in the Song and Ming dynasties, when admiration for “Yanzi’s great valor” became the key of various arguments. The order of “the three cardinal virtues” was also discussed because it concerned the relationship between “finished virtue” and “novice virtue”; hence, the virtue of courage became internalized as an essence of the internal virtuous life. At the turn of the 20th century, when China was trembling under the threat of foreign powers, intellectuals remodeled the tradition of courage by redefining “Confucius’ great valor”, as Liang Qichao did in representative fashion in his book Chinese Bushido. Hu Shi’s Lun Ru 论儒 (On Ru) was no more than a repetition of Liang’s opinion. In the theoretical structures of the modern Confucians, courage is hardly given a place. As one of the three cardinal virtues, bravery is but a concept. In a contemporary society where heroes and sages exist only in history books, do we need to talk about courage? How should it be discussed? These are questions which deserve our consideration.     

The Elimination of Self-Reference: Generalized Yablo-Series and the Theory of Truth

Although it was traditionally thought that self-reference is a crucial ingredient of semantic paradoxes, Yablo (1993, 2004) showed that this was not so by displaying an infinite series of sentences none of which is self-referential but which, taken together, are paradoxical. Yablo’s paradox consists of a countable series of linearly ordered sentences s(0), s(1), s(2),... , where each s(i) says: For each k > i, s(k) is false (or equivalently: For no k > i is s(k) true). We generalize Yablo’s results along two dimensions. First, we study the behavior of generalized Yablo-series in which each sentence s(i) has the form: For Q k > i, s(k) is true, where Q is a generalized quantifier (e.g., no, every, infinitely many, etc). We show that under broad conditions all the sentences in the series must have the same truth value, and we derive a characterization of those values of Q for which the series is paradoxical. Second, we show that in the Strong Kleene trivalent logic Yablo’s results are a special case of a more general fact: under certain conditions, any semantic phenomenon that involves self-reference can be emulated without self-reference. Various translation procedures that eliminate self-reference from a non-quantificational language are defined and characterized. An Appendix sketches an extension to quantificational languages, as well as a new argument that Yablo’s paradox and the translations we offer do not involve self-reference.     

The Burden of Proof and Its Role in Argumentation

The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is not necessarily important whether that degree of belief exceeds a particular threshold (e.g., ‘reasonable doubt’). We explore the consequences of this distinction for the role that the “burden of proof” has played in argumentation and in theories of fallacy.     

The Space of Argumentation: Urban Design, Civic Discourse, and the Dream of the Good City

In this paper, I explore connections between two disciplines not typically linked: argumentation theory and urban design. I first trace historical ties between the art of reasoned discourse and the idea of civic virtue. I next analyze discourse norms implicit in three theories of urban design: Jane Jacobs' The Death and Life of Great American Cities (1961), Christopher Alexander's A Pattern Language: Towns, Buildings, Construction (1977), and Peter Katz's The New Urbanism: Toward an Architecture of Community (1994). I then propose a set of settlement issues of potential interest to both urban designers and argumentation theorists: size, density, heterogeneity, publicity, security, and identity. I conclude by suggesting that the good city be seen as both a spatial and a discursive entity. From such a perspective, good public discourse is dependent, at least in part, on good public space; and good public space is defined, at least in part, as a context conducive to good public discourse.     

How Lesbian and Heterosexual Parents Convey Attitudes about Gender to their Children: The Role of Gendered Environments

We studied associations among parents’ gender role attitudes, gender stereotyping in children’s environments, and children’s gender role attitudes and whether these associations were similar for families with lesbian and heterosexual parents. Fifty-seven 4- to 6-year-olds and 114 parents from the US participated. Parents completed self-report questionnaires and responded to interview questions. Researchers collected data regarding the child’s environment and attitudes about gender. Results revealed that children with lesbian mothers had less stereotyped environments and less traditional attitudes. Parental attitudes were associated with stereotyping in children’s environments and with children’s attitudes about gender. Both for lesbian and heterosexual parents, the impact of parents’ attitudes on children’s attitudes was partially mediated by the nature of children’s environments.     

Prototypical Argumentative Patterns in a Legal Context: The Role of Pragmatic Argumentation in the Justification of Judicial Decisions

In this contribution the prototypical argumentative patterns are discussed in which pragmatic argumentation is used in the context of legal justification in hard cases. First, the function and implementation of pragmatic argumentation in prototypical argumentative patterns in legal justification are addressed. The dialectical function of the different parts of the complex argumentation are explained by characterizing them as argumentative moves that are put forward in reaction to certain forms of critique. Then, on the basis of an exemplary case, the famous Holy Trinity case, the way in which the U.S. Supreme Court uses pragmatic argumentation in this case is discussed by showing how the court instantiates general prototypical argumentative patterns in light of the institutional preconditions of the justification in the context of the specific case.     

Minimization of modal contours: an essential cross-species strategy in disambiguating relative depth

Two chromatically identical patterns, a diamond and a ladder, were shown on a computer touchscreen. Domestic hens were reinforced for pecking at the pattern that was the highest up on a grid that provided pictorial depth information, i.e. on the pattern that to a human appears as being the furthest away. Every tenth trial was a non-rewarded probe trial with the two patterns partially overlapping. In the absence of other cues depth stratification can occur on the basis of a minimization of interpolated occluding contours. In humans the diamond is usually perceived to be in front of the ladder because shorter interpolated contours are needed to account for the occlusive effect of the diamond on the ladder. The hens pecked more often at the ladder during the probe trials. The results suggest that the avian and mammalian visual systems operate along similar principles when dealing with the problem of solving occlusion indeterminacy in chromatically homogeneous patterns. Received: 26 March 1999 / Accepted after revision: 17 September 1999     

Muslim veil as politics: political autonomy, women and Syariah Islam in Aceh

This article examines the interlinking of political autonomy, Syariah law and women in contemporary Aceh. Looking at Aceh’s historical precedents, current sociocultural and political developments cannot be seen as manifestations of Islamic revival. It would be misleading to look at the implementation of Syariah Islam in general and the enforcement of veiling in particular as signs of the radicalization of Islam. Islam in Aceh has always had political meanings. It shapes an identity characterized by a long collective history of rebellion against foreign oppression and repression. The revival however is seen in notions of gender dominance and order, which have profound consequences for women’s lives. Using articles from 2005 to 2006 in Serambi, a locally published newspaper in Aceh, an assessment is made of how Syariah Islam has affected women’s lives.

Autism Spectrum Symptomatology in Children: The Impact of Family and Peer Relationships

This study examines the potential impact of family conflict and cohesion, and peer support/bullying on children with autism spectrum disorder (ASD). While such impacts have been established for a range of non-ASD childhood disorders, these findings may not generalize to children with ASD because of unique problems in perspective-taking, understanding others’ emotion, cognitive rigidity, and social reasoning. A structural model-building approach was used to test the extent to which family and peer variables directly or indirectly affected ASD via child anxiety/depression. The sample (N = 322) consisted of parents of children with ASD referred to two specialist clinics. The sample contained parents of children with Autistic Disorder (n = 76), Asperger Disorder (n = 188), Pervasive Disorder Not Otherwise Specified (n = 21), and children with a non-ASD or no diagnosis (n = 37). Parents completed questionnaires on-line via a secure website. The key findings were that anxiety/depression and ASD symptomatology were significantly related, and family conflict was more predictive of ASD symptomatology than positive family/peer influences. The results point to the utility of expanding interventions to include conflict management for couples, even when conflict and family distress is low. Further research is needed on the potentially different meanings of family cohesion and conflict for children with ASD relative to children without ASD.     

The Intensive Mental Health Program: Development and Structure of the Model of Intervention for Children with Serious Emotional Disturbances

In order to meet the challenging needs and behaviors of children with Serious Emotional Disorders (SED), a school and community based Intensive Mental Health Program (IMHP) was developed and evaluated. We describe the conceptual framework, treatment principles, and model for service delivery for psychological and educational interventions under the umbrella of the IMHP. The program illustrates a model of comprehensive services for children with SED.     

Therapist Positioning and Power in Discursive Therapies: A Comparative Analysis

The “discursive turn” in therapy gave the therapeutic relationship its deserved significance, which was implied but never fully recognized in traditional therapy literature. The exception would be the writing of Rogers, Satir, and Whitaker. Therapists’ actions in relation to clients became the topic of critical analysis and reflection rather than a resource for addressing some underlying inter- or intra-psychic forces and processes. This paper focuses on the issue of the therapist’s relational engagement with families, particularly the notion of therapist power, as conceived within three discursive approaches to family therapy: narrative, solution-focused, and collaborative.

The Complexity and Challenges of Genetic Counseling and Testing for Inflammatory Bowel Disease

Inflammatory bowel disease (IBD) is an umbrella term referring to two chronic idiopathic intestinal diseases: ulcerative colitis (UC) and Crohn’s disease (CD). Both UC and CD are characterized by immune activation that leads to symptoms, but the location, severity and behavior of the inflammation varies among individuals and in characteristic ways between UC and CD. A majority of patients with IBD are diagnosed in young adulthood, but the response to therapy is variable and difficult to predict, with some patients demonstrating a prompt and effective remission while others have continuous symptoms that do not respond to existing medical options. Surgery remains a frequent and necessary occurrence among patients with IBD, but in UC it is considered curative, while in CD only temporizing. Clinical observations, epidemiological studies, and molecular genetics have provided strong evidence that both genetic and environmental factors are important determinants for disease susceptibility. In recent years, a number of genes have been identified that associate with CD and UC, although the clinical utility of these discoveries in patients or in susceptible family members has not been determined. Nonetheless, it is hoped that these fundamental advances in our understanding of IBD will lead to better therapies for patients and prevention strategies for those who are susceptible. Effective incorporation of clinical genetic testing for IBD into practice will require appropriate education and counseling.     

The Mother Relationship and Artistic Inhibition in the Lives of Leonardo da Vinci and Erik H. Erikson

In four earlier articles, I focused on the theme of the relationship of melancholia and the mother, and suggested that the melancholic self may experience humor (Capps, 2007a), play (Capps, 2008a), dreams (Capps, 2007c), and art (Capps, 2008b) as restorative resources. I argued that Erik H. Erikson found these resources to be valuable remedies for his own melancholic condition, which had its origins in the fact that he was illegitimate and was raised solely by his mother until he was three years old, when she remarried. In this article, I focus on two themes in Freud’s Leonardo da Vinci and a memory of his childhood (1964): Leonardo’s relationship with his mother in early childhood and his inhibitions as an artist. I relate these two themes to Erikson’s own early childhood and his failure to achieve his goal as an aspiring artist in his early twenties. The article concludes with a discussion of Erikson’s frustrated aspirations to become an artist and his emphasis, in his psychoanalytic work, on children’s play. Donald Capps is Professor of Pastoral Psychology at Princeton Theological Seminary. His books include Men, Religion, and Melancholia (1997), Freud and Freudians on Religion (2001), and Men and Their Religion: Honor, Hope, and Humor     

The views of migrant and non migrant students on cultural diversity in the Greek classroom

The aim of the present study is to explore the views of migrant and non migrant students living in Greece on cultural diversity in the classroom. It focuses on students of both the dominant (i.e. Greek) and nondominant (i.e. migrant) groups and investigates their views in comparison to one another. Data were collected in the context of a pilot action research program aiming at the empowerment of in-service teachers so that they actively support the migrant students’ integration into the regular classroom. Two hundred and seventy students participated in the study. Data were selected through three scales especially constructed for the purposes of the present study which explored (a) migrant and non migrant students’ views on cultural diversity in the classroom, (b) their expectations from the implementation of the above mentioned program, and (c) the reasons they consider important their participation in it. The results reveal the contradictions and the conflicting views of older students of the non migrant group and point to the necessity for intervention programs that will take into consideration not only the educational needs of students of diverse cultural backgrounds but also the psychological needs of all students of both the dominant and the nondominant groups.