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The wider topic to which the content of this paper belongs is that of the relationship between formal logic and real argumentation. Of particular potential interest in this connection are held to be substantive arguments constructed by philosophers reputed equally as authorities in logical theory. A number of characteristics are tentatively indicated by the author as likely to be encountered in such arguments. The discussion centers afterwards, by way of specification, on a remarkable piece of argument quoted in Cicero’s dialog On Divination and ascribed to Stoic thinkers. The Stoics’ formal theory of inference is summarily referred to in this context, with special emphasis on their basic deductive schemata (‘indemonstrables’), some of them recognizable as links in the overall structure of the quoted argument. The main lines of Cicero’s criticism of the Stoic argument are next commented upon, with emphasis on his implied view as to the requirements of a good argument. Towards the end of the paper, a few considerations are added on the changes in the prevailing style of argumentation conspicuous in the three famous Roman Stoics.  相似文献   

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Stephen Mumford develops his view of sport spectatorship partly through a rejection of an argument he attributes to Best, which distinguishes between two categories of sports, the ‘purposive’ and the ‘aesthetic’, on the basis of the claim that they have different principal aims. This paper considers the principal aim argument and one feature of Mumford’s rejection of that argument, namely, Best’s observation that the distinctions to which he draws attention are based on logical differences. The paper argues that Mumford misconstrues Best’s argument by taking it to be about the intentions of players and athletes, while it is actually about a specific feature of the rules of each sport.  相似文献   

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Richard Sylvan (né Routley) was one of Australasia's most prolific and systematic philosophers. Though known for his innovative work in logic and metaphysics, the astonishing breadth of his philosophical endeavours included almost all reaches of philosophy. Taking the view that very basic assumptions of mainstream philosophy were fundamentally mistaken, he sought radical change across a wide range of theories. However, his view of the centrality of logic and recognition of the possibilities opened up by logical innovation in the fundamental areas of metaphysics resulted in his working primarily in these two, closely connected fields. It is this work in logic and metaphysics that is the main focus of what follows.  相似文献   

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This paper reviews the history of AI & Law research from the perspective of argument schemes. It starts with the observation that logic, although very well applicable to legal reasoning when there is uncertainty, vagueness and disagreement, is too abstract to give a fully satisfactory classification of legal argument types. It therefore needs to be supplemented with an argument-scheme approach, which classifies arguments not according to their logical form but according to their content, in particular, according to the roles that the various elements of an argument can play. This approach is then applied to legal reasoning, to identify some of the main legal argument schemes. It is also argued that much AI & Law research in fact employs the argument-scheme approach, although it usually is not presented as such. Finally, it is argued that the argument-scheme approach and the way it has been employed in AI & Law respects some of the main lessons to be learnt from Toulmin’s The Uses of Argument.  相似文献   

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Abstract

On 4 December 1514, a suspect heretic named Richard Hunne died while being held in Lollards Tower, the bishop of London’s prison in Old St Paul’s. The discovery of Hunne’s body, hanged, provoked sharp dissension between Church and State while also triggering an anticlerical backlash among London’s citizenry in the years preceding the Reformation. This study will consider if Hunne’s death was murder, as John Foxe, the martyrologist, subsequently insisted, or suicide, as claimed by the church authorities and by Thomas More in his later published treatment of the affair. A definitive answer to this question has eluded historians for 500 years, but here a new explanation, judicial but bungled torture, is suggested as the key to this death in custody.  相似文献   

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In this paper I argue for modesty concerning what theoretical reason can accomplish in the moral dilemmas debate. Specifically, I contend that philosophers' conclusions for or against moral dilemmas are driven less by rational argument and more by how the moral world intuitively appears to them.I support this thesis by first considering an argument against moral dilemmas, the argument from deontic logic, and showing that its persuasive force depends on one's having already accepted its conclusion. I then make a different, and general, case that any argument in the moral dilemmas debate concerning the defeasibility of conflicting obligations can be marginalized by making not-unreasonable adjustments in the conditions for wrongdoing.These two strands of argument are related by the notion of inescapable wrongdoing. It is our standing intuitions about inescapable wrongdoing which make the relevant deontic logical principles plausible or implausible to us. And whether wrongdoing can be inescapable is central to deciding what the conditions for wrongdoing are. My conclusion is that the arguments in the moral dilemmas debate merely implement whatever standing intuition we have concerning inescapable wrongdoing, and that apart from any such intuition the arguments are unpersuasive.  相似文献   

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