Postmodernism, a poorly defined term, is nevertheless influencing art, architecture, literature and philosophy. And despite its definitional ambiguities, some philosophers see in postmodernism a reason for the rise and interest in business ethics. This view is challenged on two grounds: (I) its philosophical source in Europe; and (2) its vocabulary. Martin Heidegger, one of the major forces in postmodernism’s rise, left a confusing legacy. In his early years, Heidegger advocated moral subjectivism; in his later years, he argued that moral standards (...) could be found in the lives of human gods whose pronouncements would replace the precepts of a Western Civilization he found decadent.Contemporary postmodernism seems to take inspiration from the views of both the younger and older Heidegger even though he, himself, saw contradictions between them. The confusion is compounded by incorporation of Neitzsche’s God-is-dead thesis into Heideggerian thought, thereby, confronting philosophers with a dilemma: if God is out of the picture, and if objective rules derived from human nature do not exist, what human gods can lead us? Will they come from a political or cultural elite? How should we know them? Why should we trust them? Unless-and until-these questions are answered, it is unwise to build business ethics on a postmodern foundation.Another-and seemingly insignificant-reason for rejecting postmodernism ethics is the esoteric vocabulary used by its expositors to advance it. More jargon will not help philosophers who try to respond to moral questions raised by business managers themselves. (shrink)

While jurisprudence in the United States has been cast in the general mode of the English common law, modifications over time have produced enough significant variations that American law has a distinctive quality. To illustrate: The exclusionary rule in criminal cases prohibiting the use of evidence (even from reliable witnesses) acquired through illegal search, is not followed in Britain—or, for that matter, in Canada, Germany, and Israel. The punitive-damage concept (PD) in tort law is also a jurisprudential novelty. Punitive damages (...) are imposed in addition to compensatory awards given to tort victims to warn manufacturers and sellers to be careful in their safety and marketing practices. PDs are society's warning signals: Seller beware! Because they are one of society's ways to protect itself, PDs have recently been considered as fines which, to prevent excesses, should be under the rubric of the Eighth Amendment.This essay introduces new elements into the discussion on torts by hypothesizing (1) PDs are fines which belong to the public purse; (2) that expenditures from the public purse should be given to local organizations (like orphanages and inner-city hospitals) which provide vital services for those unable to pay; and (3) that the victim (or the victim's survivor) has a right to designate what local organizations should benefit from his or her punitive-damage awards.The hypotheses require reexamination of the concepts of citizenship, community, and work, respectively.Tort law is an integral part of the American law of injuries, a body of judicial doctrine and legislation and a set of legal arrangements that also include compensation systems and safety legislation. It would have been unthinkable as recently as twenty-five years ago that the tort system would become a source of bitter contention. Today, however, it generates sharp rhetoric and dramatic proposals for change to address its contested problems, as well as strong views in favor of continuing the system essentially intact so as not to disturb its contended benefits. (shrink)

It is a longstanding if not altogether coherent tradition of logic and rhetorical studies that an argument can be incorrect or fallacious in virtue of some ...

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

This monograph poses a series of key problems of evidential reasoning and argumentation. It then offers solutions achieved by applying recently developed computational models of argumentation made available in artificial intelligence. Each problem is posed in such a way that the solution is easily understood. The book progresses from confronting these problems and offering solutions to them, building a useful general method for evaluating arguments along the way. It provides a hands-on survey explaining to the reader how to use current (...) argumentation methods and concepts that are increasingly being implemented in more precise ways for the application of software tools in computational argumentation systems. It shows how the use of these tools and methods requires a new approach to the concepts of knowledge and explanation suitable for diverse settings, such as issues of public safety and health, debate, legal argumentation, forensic evidence, science education, and the use of expert opinion evidence in personal and public deliberations. (shrink)

First published in Great Britain in 1948, this book examines the definition of goodness as being distinct from the question of What things are good? Although less immediately and obviously practical, Dr. Ewing argues that the former question is more fundamental since it raises the issue of whether ethics is explicable wholly in terms of something else, for example, human psychology. Ewing states in his preface that the definition of goodness needs to be confirmed before one decides on the place (...) value is to occupy in our conception of reality or on the ultimate characteristics which make one action right and another wrong. This book discusses these issues. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

“Business Ethics and Postmodernism: A Response” considers the contribution of Ronald Green, David Schmidt, Clarence Walton, RonDuska, and Richard Neilsen to a special issue of Business Ethics Quarterly entitled “Business Ethics and Postmodernism.” This essay poses a fundamental question: to what extent can a position which characterizes itself as postmodern be ethical? The paper argues on philosophical grounds that the debate between modernity and postmodernity is a debate over the very possibility of an ethic. The paper concludes that (...) although Jacque Derrida has made the most convincing argument for an ethic within postmodernity, it remains skeptical because such an argument simply presupposes assumptions which owe their origin to modernity. (shrink)

This is an introductory guidebook to the basic principles of how to construct good arguments and how to criticeze bad ones. It is non-technical in its approach and is based on 150 key examples, each discussed and evaluated in clear, illustrative detail. Professor Walton, a leading authority in the field of informal logic, explains how errors, fallacies, and other key failures of argument occur. He shows how correct uses of argument are based on sound strategies for reasoned persuasion and (...) critical responses. Among the many subjects covered are: forms of valid argument, relevance, appeals to emotion, personal attack, uses and abuses of expert opinion, problems in deploying statistics, loading terms, equivocation, arguments from analogy, and techniques of posing, replying to, and criticizing questions. The book will be ideally suited to courses in informal logic and in the introduction to philosophy. It will also prove valuable to studetns of pragmatics, rhetoric, and speech communication. (shrink)

The basic question of this monograph is: how should we go about judging arguments to be reasonable or unreasonable? Our concern will be with argument in a broad sense, with realistic arguments in natural language. The basic object will be to engage in a normative study of determining what factors, standards, or procedures should be adopted or appealed to in evaluating an argument as "good," "not-so-good," "open to criticism," "fallacious," and so forth. Hence our primary concern will be with the (...) problems of how to criticize an argument, and when a criticism is reasonably justified. (shrink)

In fifteen essays-one new, two newly revised and expanded, three with new postscripts-Kendall L. Walton wrestles with philosophical issues concerning music, metaphor, empathy, existence, fiction, and expressiveness in the arts. These subjects are intertwined in striking and surprising ways. By exploring connections among them, appealing sometimes to notions of imagining oneself in shoes different from one's own, Walton creates a wide-ranging mosaic of innovative insights.

Musical improvisation is a natural case of human pattern formation, and Walton and colleagues investigate the way that different contextual constraints affect patterns of improvisation and their aesthetic quality. The authors find that coordination patterns are more diversified between two musicians when the musical space in which to improvise is relatively more constrained. They also find that listeners experience more diversified, complementary patterns between musicians as more enjoyable and harmonious.

This latest volume in the acclaimed Ruffin Series in Business Ethics brings together the contributions to the annual Ruffin Lecture series, in which some of the leading scholars in business ethics addressed the question: Can business, and business education, be considered one of the humanities, or is it in a class by itself? At a time when business is coming under attack for its apparent transgressions, this book iluminates the special values that inhere in the business world. Arguing all sides (...) of the issue, the distinguished contributors include Richard DeGeorge, Ronald Green, Thomas Dunfee, Robert Solomon, Edwin Hartman, Peter French, Patricia Werhane, Clarence Walton, W. Michael Hoffman, David Fedo, Kenneth Andrews, Joanne Ciulla, Manuel Velasquez, and George Brenkert. The editors contribute an informative Introduction and an Epilogue to set the debate in its proper context. (shrink)

The twelve essays by Kendall Walton in this volume address a broad range of issues concerning the arts. Walton introduces an innovative account of aesthetic value, and explores relations between aesthetic value and values of other kinds. His classic 'Categories of Art' is included, as is 'Transparent Pictures', his controversial account of what is special about photographs. A new essay investigates the fact that still pictures are still, although some of them depict motion. New postscripts have been added (...) to several of the reprinted essays. (shrink)

It is a very great honor to address my friends and colleagues as president of the American Society for Aesthetics, an organization that plays a unique role in a field that is, at once, a major traditional branch of philosophy and also central to disciplines often regarded as remote from philosophy, as well as depending crucially on their contributions.

In this paper it is shown is that although poisoning the well has generally been treated as a species of ad hominem fallacy, when you try to analyze the fallacy using ad hominem schemes, even by supplementing with related schemes like argument from position to know, the analysis ultimately fails. The main argument of the paper is taken up with proving this negative claim by applying these schemes to examples of arguments associated with the fallacy of poisoning the well. Although (...) there is a positive finding in this quest, in that poisoning the well is shown to be based on and associated with these forms of argument in interesting ways, the paper in the end is led to the conclusion that the fallacy is irreducibly dialectical. Poisoning the well is thus analyzed as a tactic to silence an opponent violating her right to put forward arguments on an issue both parties have agreed to discuss at the confrontation stage of a critical discussion. It is concluded that it is a special form of strategic attack used by one party in the argumentation stage of a critical discussion to improperly shut down the capability of the other party for putting forward arguments of the kind needed to properly move the discussion forward. (shrink)

This article contributes to normative debates about residential segregation and its relationship to inequality. It defends a position often disregarded in literature: that there is merit to advancing residential integration through some scenarios where advantaged individuals move to disadvantaged areas. It develops this case in dialogue with three other views. In relation to advocates of addressing the inequalities of residential segregation through redistribution, it defends integration as a means of tackling social and political factors that sustain injustice. It challenges those (...) who defend relocating disadvantaged individuals to advantaged areas by highlighting the burdens and demand for cultural assimilation this imposes on the disadvantaged. It considers the worry that advantaged individuals relocating to disadvantaged areas harbours the problematic features of gentrification. It responds that these concerns, while important in some cases, do not arise in all scenarios of this kind. (shrink)

The article deals with the lines along which manifold senses of horizonedness emerge and their reference to potentiality as a starting-point. The first section examines Gurwitsch's analyses of field-potentialities and margin-potentialities in the light of distinctions drawn by Husserl in terms of latency and patency. It is contended that Husserl's concept of latency encompasses both modes of potentiality. The second section shows how the world- horizon functions as a background- horizon and alternation- horizon conceived of as the two fundamental modes (...) of non-thematic consciousness. In this respect, an attempt is made to link this theme with Gurwitsch's description of the acquisition of the character of positional index as a worldly existent. The third section is concerned with how potentiality develops into an all-encompassing domain that can be anticipated as an ideal totality and into a pregiven ground, and outlines an approach to the complementarity of this threefold characterization. This development falls out of Gurwitsch's framework for the analysis of horizonedness. The article concludes with a characterization of the encasement-of-one-in-another of horizons. Reasons are suggested for the application of some ideas of Gurwitsch on thematic transformation to this sequence of levels. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kendall L. Walton FICTION, FICTION-MAKING, AND STYLES OF FICTIONALITY Both objectsandactions are said to have styles. Styles eire attributed to works of art, bathing suits, neckties, and automobiles. But we also think of styles as ways of doing things. There are styles of teaching, styles of chess playing, styles of travel. The primary notion of style is the one which attaches to actions. When we speak of die (...) style of a poem or a portrait or em automobile we do so with reference to an action or actions associated with the object, usually the action or actions which appear to have been performed in die making of it. I will not argue now for this claim about style except to note that style attributions eure peculietrly alien to objects which are not products of human action. What is the style of a tulip, or an alpine meadow, or a pristine lake in the high Sierras? Are the Grand Canyon and Yosemite Valley in the same style or different ones? Sunsets in the tropics are very different from sunsets in the arctic, but is die difference a stylistic one? We might allow that in unusual cases natured objects can have styles. A chorus ofchirping birds might, just conceivably, chirp in the style of Haydn. But die notion of style here is obviously parasitic on diat which is applied to man-made eirtifacts. To think of an object as having a style is to mink of it as a product of human action.1 If actions are the primary possessors of style, to understand styles of fictionality we must look at die action of fiction-meddng emd its relation to works of fiction. I will concentrate on the very basic question ofwhat fiction is, what it is for something to be a work of fiction, and on attempts to answer this question in terms of die action offiction-making. It has been especially fashionable to utilize die notion ofspeech acts introduced by John Austin in tackling this problem. The fictional status of a work is, supposedly, to be accounted for by what illocutionary actions were or were not performed by the artist producing it, or by connections between what the artist did and certain illocutionary actions. My assessment of mis program will be mostly negative. Speech-act theory is remarkably unhelpful in explaining what fiction is. We have here something ofa "Have dieory, will travel" syndrome. There is a tendency for theorists, when 78 Kendall L. Walton79 faced with a new problem, to dust off an old theory which they know emd love, one devised with other questions in mind, shove it into die breach, and pray mat it will fit. In this case it does not fit, and the result is confusion radier dian illumination. Lest I step on toes other man the ones I am aiming at, let me empheisize that my present concern is not with the viability of speech-act theory as a dieory of language. Nor do I mean to deny that speech-act theory can be used fruitfully to illuminate important features of literary fictions. I am now addressing only die basic question of what fiction is, how works of fiction are to be differentiated from odier things. Whatever the other merits of speech-act theory, its applications to this question have been distinctly infelicitous. From our discussion of such applications em even stronger conclusion will emerge, the conclusion that the nature of fiction is not to be explicated in terms of acts of fiction-making at all. The notion of fiction is in diis respect contrary to that of style, and certain consequences about styles of fictionality follow. I Speech-act theory has been brought to bear on the problem of the nature of fiction in a number of rather different ways. I will look at four of them. The first is the idea that works of fiction are simply texts (or other representations ) which are not vehicles of illocutionary acts. It is true mat in writing fiction an author typically does not perform the illocutionary acts that a person who uses the setme words in a nonfictional setting is likely to be performing... (shrink)

Walton offers a comprehensive, flexible model for physician-patient decision making, the first such tool designed to be applied at the level of each particular case. Based on Aristotelian practical reasoning, it develops a method of reasonable dialogue, a question- and-answer process of interaction leading to informed consent on the part of the patient, and to a decision--mutually arrived at--reflecting both high medical standards and the patient's felt needs. After setting forth his model, he applies it to three vital ethical (...) issues: acts of omission, the cessation of treatment, and possible side effects of treatments. In the final chapter, Walton shows how his method functions in light of the real-life complexities of the clinical encounter and how it bears on ethical questions concerning health-care policy, attitudes toward treatment and toward the medical profession, reasonableness of expectations, and the setting of realistic goals of treatment. (shrink)

The aim of the paper is to present a typology of argument schemes. In first place, we found it helpful to define what an argument scheme is. Since many argument schemes found in contemporary theories stem from the ancient tradition, we took in consideration classical and medieval dialectical studies and their relation with argumentation theory. This overview on the main works on topics and schemes provides a summary of the main principles of classification. In the second section, Walton’s theory (...) is briefly explained to introduce the schemes classification and its different levels. At least, the final part shows the main application of the schemes in computing and AI. -/- . (shrink)

This paper offers a dialogue theory of explanation. A successful explanation is defined as a transfer of understanding in a dialogue system in which a questioner and a respondent take part. The questioner asks a special sort of why-question that asks for understanding of something and the respondent provides a reply that transfers understanding to the questioner. The theory is drawn from recent work on explanation in artificial intelligence (AI), especially in expert systems, but applies to scientific, legal and everyday (...) conversational explanations. (shrink)

International Commentary on Evidence, 2006 Vol. 4, Issue 2, 1-47 . [link to online version posted].

Abstract This paper addresses the role that argumentation schemes and argument visualization software tools can play in helping to find and counter objections to a given argument one is confronted with. Based on extensive analysis of features of the argumentation in these two examples, a practical four-step method of finding objections to an argument is set out. The study also applies the Carneades Argumentation System to the task of finding objections to an argument, and shows how this system has some (...) capabilities that are especially useful. Content Type Journal Article Pages 1-23 DOI 10.1007/s10503-012-9261-z Authors Douglas Walton, Centre for Research in Reasoning, Argumentation and Rhetoric (CRRAR), University of Windsor, 2500 University Ave. W., Windsor, ON N9B 3Y1, Canada Journal Argumentation Online ISSN 1572-8374 Print ISSN 0920-427X. (shrink)