E Contrario Reasoning: The Dilemma of the Silent Legislator

Summary This contribution offers an evaluation of e contrario reasoning in which the interpretation of a legal rule is based on the context of the law system (contextual e contrario reasoning). A model is presented which will show all the explicit and implicit elements of the argument at work and will also point out how these distinct parts are interrelated. By questioning the content and justificatory power of these elements, the weak spots in the argument can be laid bare. It will be argued that e contrario reasoning inevitably requires a dubious argumentative step, which renders the argument intrinsically weak. The model is applied to a European lawsuit on French cheese.     

SCIENCE AND THE FORTUNES OF NATURAL THEOLOGY: SOME HISTORICAL PERSPECTIVES

Abstract. The object is to examine strategies commonly used to heighten a sense of the sacred in nature. It is argued that moves designed to reinforce a concept of Providence have been the very ones to release new opportunities for secular readings. Several case studies reveal this fluidity across a sacred-secular divide. The irony whereby sacred readings of nature would graduate into the secular is also shown to operate in reverse as anti-providentialist strategies invited their own refutation. The analysis is used to support the claim that the sciences have put fewer constraints on religious belief than is generally assumed.     

When seeing is not believing: A critique of priest's argument from perception

In this paper I critically examine an argument proposed by Graham Priest in support of the claim that the observable world is consistent. According to this argument we have good reason to think that the observable world is consistent, specifically we perceive it to be consistent. I critique this argument on two fronts. First, Priest appears to reason from the claim ‘we know what it is to have a contradictory perception’ to the claim ‘we know what it is to perceive a contradiction’. I argue that this inference fails to be valid. Secondly, I give reasons for thinking that if an observable state of affairs were to be contradictory, we would perceive it to be consistent. As such that the world we observe appears consistent does not constitute evidence that it is in fact consistent. That we see a consistent world is no reason to believe that the world is consistent. I conclude the paper with some reflections on the implications of this analysis for the plausibility of trivialism.     

The Notion of Pseudo-Argument in Perelman’s Thought

According to Perelman (Rhétoriques, Presses Universitaires de Bruxelles, 1989: 80), a pseudo-argument is an argument that is supposed to be convincing from a given audience viewpoint, while it is not from another audience viewpoint. Such a claim raises the traditional problem of the boundaries between the well known “convince versus persuade” dichotomy. This paper aims at investigating it from a contemporary rhetorical and argumentative perspective which will take into account the fictional dimension of persuasion. In this perspective, it will be claimed that the notion of an “as if” argument better fits to some rhetorical phenomena.

Wie Natürlich ist das System der Natürlichen Deduktion?

How natural is natural deduction?– Gentzen's system of natural deduction intends to fit logical rules to the effective mathematical reasoning in order to overcome the artificiality of deductions in axiomatic systems (¶ 2). In spite of this reform some of Gentzen's rules for natural deduction are criticised by psychologists and natural language philosophers for remaining unnatural. The criticism focuses on the principle of extensionality and on formalism of logic (¶ 3). After sketching the criticism relatively to the main rules, I argue that the criteria of economy, simplicity, pertinence etc., on which the objections are based, transcend the strict domain of logic and apply to arguments in general (¶ 4). (¶ 5) deals with Frege's critique of the concept of naturalness as regards logic. It is shown that this concept means a regression into psychologism and is exposed to the same difficulties as are: relativity, lack of precision, the error of arguing from `is' to `ought' (the naturalistic fallacy). Despite of these, the concept of naturalness plays the role of a diffuse ideal which favours the construction of alternative deductive systems in contrast to the platonic conception of logic (¶ 6).     

Rejecting the Urge to Theorise in Fallacy Inquiry

In this paper, I examine the incessant call to theory that is evident in fallacy inquiry. I relate the motivations for this call to a desire to attain for fallacy inquiry certain attributes of the theoretical process in scientific inquiry. I argue that these same attributes, when pursued in the context of philosophical inquiry in general and fallacy inquiry in particular, lead to the assumption of a metaphysical standpoint. This standpoint, I contend, is generative of unintelligibility in philosophical discussions of rationality. I claim that this same unintelligibility can be shown to characterise fallacy inquiry, an example of the study of argumentative rationality. The context for my claim is an examination of the theoretical pronouncements of two prominent fallacy theorists, John Woods and Douglas Walton, in relation to the argument from ignorance fallacy. My conclusion takes the form of guidelines for the post-theoretical pursuit of fallacy inquiry.     

知情同意在中国不适用吗——“文化差异论”的认知错误

知情同意是在当代生命伦理学中最有影响的概念,在大多数西方国家它已成为医疗实践和涉及人体的医学科学研究的一个基本的伦理要求。不少西方和中国学者认为,由于中西文化显著而根本的差异,知情同意不适宜于中国。指出了“文化差异论”的三个认知错误,即,文化差异论是建立在对中国文化和医学道德、西方文化以及知情同意的一系列误解之上的。基于文化的差异而拒绝知情同意在中国的适用性和必要性,显然不能成立。     

Intransitivity,Essential Comparativeness,and Objective Value

Building on Goldman 2008 and 2009, which argue that objective values would be strange in coming in degrees but in no determinate number of degrees, this paper argues that related properties having to do with degrees of value make a further case against objective values. The properties of giving rise to intransitive orderings and being essentially comparative are explained by Larry Temkin in Rethinking the Good. He shows that “better than” is intransitively ordered. Many subjective states are too. But similar arguments for the intransitive orderings of intrinsic objective properties fail. Furthermore, subjective properties and states can change without these changes being explained by changes in their objects. This is similar to the essentially comparative nature of goodness. Given the analogies to subjective states and lack of analogies to objective properties that the present article points out, it argues that we should infer, as Temkin does not, that values are subjective.     

Rules for Reasoning from Knowledge and Lack of Knowledge

In this paper, the traditional view that argumentum ad ignorantiam is a logical fallacy is challenged, and lessons are drawn on how to model inferences drawn from knowledge in combination with ones drawn from lack of knowledge. Five defeasible rules for evaluating knowledge-based arguments that apply to inferences drawn under conditions of lack of knowledge are formulated. They are the veridicality rule, the consistency of knowledge rule, the closure of knowledge rule, the rule of refutation and the rule for argument from ignorance. The basic thesis of the paper is that knowledge-based arguments, including the argument from ignorance, need to be evaluated by criteria for epistemic closure and other evidential rules that are pragmatic in nature, that need to be formulated and applied differently at different stages of an investigation or discussion. The paper helps us to understand practical criteria that should be used to evaluate all arguments based on knowledge and/or ignorance.