Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing these kinds (...) of evidence are introduced. (shrink)

In this paper it is shown how plausible reasoning of the kind illustrated in the ancient Greek example of the weak and strong man can be analyzed and evaluated using a procedure in which the pro evidence is weighed against the con evidence using formal, computational argumentation tools. It is shown by means of this famous example how plausible reasoning is based on an audience’s recognition of situations of a type they are familiar with as normal and comprehensible in their (...) shared common knowledge. The paper extends previous work on this example by using three new multiagent argumentation schemes closely related to the scheme for argument from negative consequences. (shrink)

Consequentialism is an agent-neutral teleological theory, and deontology is an agent-relative non-teleological theory. I argue that a certain hybrid of the two—namely, non-egoistic agent-relative teleological ethics (NATE)—is quite promising. This hybrid takes what is best from both consequentialism and deontology while leaving behind the problems associated with each. Like consequentialism and unlike deontology, NATE can accommodate the compelling idea that it is always permissible to bring about the best available state of affairs. Yet unlike consequentialism and like deontology, NATE accords (...) well with our commonsense moral intuitions. (shrink)

This article seeks to answer why there are two different versions of Meno’s Paradox. I argue that the dilemma contained in Socrates’s version is a pre-existing puzzle, familiar to both Meno and Socrates before their discussion. The two versions of the paradox are thus different because Meno’s version is a mistaken attempt to remember the puzzle contained in Socrates’s version. Although Meno’s version is a mistaken attempt to state Socrates’s version, it is a philosophically richer puzzle that makes three interesting (...) points about inquiry and recognition. After arguing that Socrates’s version is unsound and that Meno’s version is an attempt to recollect or remember it, I analyze Meno’s version in detail. In closing, I consider the relationship between the notion of recognition, which figures prominently in Meno’s version, and the theory of recollection, suggesting that the latter may have arisen as an attempt to explain the origin of moral intuitions. (shrink)

In C.S. Lewis's science fiction parable Perelandra was a planet which had no solid ground. At all times the floating landscape was continually swirling and moving, chasms would appear where a minute before there had been safe standing. The rational beings who lived there hopped nimbly on to another little island when the one on which they stood disappeared under their feet. They were used to it and took it for granted that nothing was certain. The visitor from our planet (...) had to learn a completely new way of existence. But where did he get his idea of certainty in a fixed environment? It is more plausible that uncertainty is normal and the whole idea of certainty an illusion. Today gives an opportunity to reflect on how people deal with skepticism, doubt and uncertainty.The questions apply to a current debate in the UK on risk. Opinion polls constantly reveal that the public lacks trust in government, and particularly it does not trust the government to reveal the information needed to assess important risks. From which the risk analysts conclude that the government should grant access to information more freely and encourage enquiry. They believe that openness would foster a better understanding on the part of the public which at present does not know what to believe. More information would create certainty, more certainty and the public would trust its spokesmen, unreasonable fears would be calmed. This is the advice of an expert enquiry.Certainty is not a mood, or a feeling, it is an institution: this is my thesis. Certainty is only possible because doubt is blocked institutionally: most individual decisions about risk are taken under pressure from institutions. If we recognize more uncertainty now, it will be because of things that have happened to the institutional underpinning of our beliefs. And that is what we ought to be studying. In my student days the hottest controversies in anthropology were about why `other people' — that is people not living in advanced capitalist society — had certainty about their absurd beliefs.When trying to explain their misfortunes, why did they neglect the physical and scientific evidence, and draw instead on their beliefs in spirits, magic, and taboos? How could they be so obstinate in error? Anthropologists spent their energies on defending the allegedly irrational beliefs of other people, and I shall continue the tradition. (shrink)

The best interest standard is the threshold most frequently employed by physicians and ethics consultants in challenging a parent’s refusal to provide consent for a child’s medical care. In this article, I will argue that the best interest standard has evolved to serve two different functions, and that these functions differ sufficiently that they require separate standards. While the best interest standard is appropriate for choosing among alternative treatment options for children, making recommendations to parents, and making decisions on behalf (...) of a child when the legal decision makers are either unable to make a decision or are in dispute, a different standard is required for deciding when to seek state interference with parental decision-making authority. I will suggest that the harm principle provides a more appropriate threshold for determining when to seek state intervention than the best interest standard. (shrink)

This essay focuses on one aspect of the social thought of Martin Luther King, Jr.: his social ethics. Specifically, it poses the question whether, in what sense, and from what time it is correct to consider King a democratic socialist. The essay argues that King was in fact a democratic socialist and, contrary to the implications of some recent interpreters who have focused on transformation and radicalization in King's thought, that King's democratic socialism was rooted in his formative experience of (...) the black religious tradition and was manifested from his student days at Crozer Theological Seminary forward. The change that may be discerned in King's later years was only a refinement, not a transformation, of his basic orientation. (shrink)

"An Illini book." Includes bibliographical references and index.

ABSTRACTDrawing on my own work and experience, this paper brings together the various connections between critical realism and ethics. It argues that, against both determinism and physicalist...

Jeremy Bentham was a British philosopher, jurist, and social reformer. He is regarded as the founder of modern utilitarianism.

This article considers what can be learned regarding the ethical acceptability of intrusive interventions intended to halt the spread of infectious disease (‘Infection Control’ measures) from existing ethical discussion of intrusive interventions used to prevent criminal conduct (‘Crime Control’ measures). The main body of the article identifies and briefly describes six objections that have been advanced against Crime Control, and considers how these might apply to Infection Control. The final section then draws out some more general lessons from the foregoing (...) analysis for the ethical acceptability of different kinds of Infection Control. (shrink)

EVEN IF ’MIRACLE’ MEANS A VIOLATION OF A LAW OF NATURE, A CASE CAN BE MADE FOR THINKING THAT MIRACLES ARE POSSIBLE, DETECTABLE, AND COMPATIBLE WITH SCIENCE. THE CASE WORKS BY DEFINING A LAW-VIOLATION AS AN EVENT OF A KIND THAT IS EPISTEMICALLY IMPOSSIBLE UNLESS THERE IS GOOD EVIDENCE OF A GOD’S PRODUCING AN INSTANCE. HUMAN AND NON-HUMAN OBJECTIONS ARE CONSIDERED AND ANSWERED.

Medieval literature is argumentative, since it argues for an idealized vision of reality acceptable to a proposed audience. Its narrative mode is description, performed according to the principles of the art of topical invention, derived from Cicero's De Inventione. The topoi or loci are features (circumstantiae) of a person or thing that are common to it as a class, such as tempus or locus for things. When filled out, according to the point of view desired by the author, public, context, (...) etc., they become the attributes (argumenta) of a particular human being or action.According to the author, all descriptions should be interpreted by reference to such a technique of topical invention, a method which will allow new explanations of the texts. The examples of the locus amoenus in various Latin and French works show how traditional and conventional models were adapted and specialized, by various devices, to fit new formal or conceptual intentions and new contexts. The examples and models proposed to the student learning composition by Masters such as Matthew of Vendôme, were given not to be copied, but to be imitated through topical invention, that is adaptation to a particular intention, through specializing devices. (shrink)

This essay argues that H. Richard Niebuhr's classic book, Christ and Culture, is best understood as a typology of moral theologies. Each of Niebuhr's five types may be regarded as a patterned resolution of four theological relations: reason and revelation, God and world, sin and goodness, and law and gospel. Many of his evaluative comments reflect his preference for what he calls a transformationist or conversionist pattern. However, it is not difficult to imagine evaluative comments on the several types, including (...) the transformationist one, made from the perspective of a different preferred resolution of the four theological relations. Moreover, Niebuhr's scheme remains useful for analyzing more recent texts in theological ethics, such as Gustavo Gutierrez's A Theology of Liberation. Thus, while the book is not without its flaws and while readers may wish to enter some emendations and revisions, Christ and Culture is still worth reading because the categories it presents for analyzing moral theologies remain unsurpassed in their richness, usefulness, and suggestiveness. (shrink)

Understanding is not of the same kind in all contexts. Children learn the kind of understanding that is appropriate in particular contexts largely through a process of enculturation. This study examines some aspects of 10-year-old children's conceptions of understanding. There was evidence that they had admissible conceptions of understanding in general but may be unable to distinguish unaided between the kinds of understanding that are relevant in different disciplines. An explicit attention to enculturation in lesson plans may be of benefit (...) to such children. (shrink)

At the core of Swedenborg’s thought is the understanding that our purpose in this life is to progress spiritually—to learn, to grow, to do good works, and, ultimately, to allow as much of God’s love as possible to enter into us and manifest through us. Scattered throughout his works are descriptions of our mind and how it relates to both the physical and spiritual worlds. In this book, Taylor pulls these loose threads together and weaves them into a simple, coherent (...) whole, presenting Swedenborg’s teachings as a system that anyone can follow. Taylor describes the external or natural mind as primarily concerned with material things, and the inner mind, in its essence, as love. As we elevate our thoughts toward higher and higher types of love and wisdom, we draw closer to God and begin the process of regeneration, or rebirth as spiritual beings. This is the first time in many decades that a book has been published on Swedenborg’s philosophy of the mind. Taylor’s straightforward commentary gives readers a rare insight into this crucial aspect of Swedenborg’s theology. (shrink)

Accidents involving large trucks result in significant economic and social costs. As technological solutions have improved, behavioral factors contributing to accidents have risen in importance. The purpose of this research is to investigate how norms, consequences, and personal attitudes influence safety-related ethical judgments and behavioral intentions. The Hunt–Vitell’s theory of ethical decision-making is adapted to test how these factors influence truck drivers’ decisions containing ethical content. Professional truck drivers evaluated decisions presented in two scenarios that included the situation, the decision, (...) and the results. The research found that drivers rely heavily on evaluations of safety norms when forming ethical judgments and behavioral intentions. Further, drivers’ attitudes toward compliance and the effectiveness of safety regulations also influenced decision-making to an extent. Overall, evidence of a refutation of the assumption that a tradeoff exists between operational productivity and safety was discovered. Drivers in this study intended to behave in a certain manner irrespective of time or money pressures. The perceived ethical component of the decision outweighed regulatory and economic consequences under a range of parameters. (shrink)

In this study, I chart the genealogy and development of new trends in high-tech warfare which have emerged in the past decade and note challenges and dangers. I discuss the Bush administrations’s military program and foreign policy moves, highlighting the ways that the Bush II cabal intensifies the dangers of high-tech war, while undermining efforts at collective security, environmental protection, and global peace. My argument is that the volatile mixture of a highly regressive and unilateralist and militarist administration with the (...) development of high-tech weapons provides a clear and present danger of a protracted and frightening period of war. The mixture of rightwing unilateralism and militarism dramatically erupted in the Bush administration’s military response to the terrorist attacks of September 11 and is intensifying the dangers to world peace in the Bush military campaign against terrorism which they are labeling “World War III.”. (shrink)

The existence of either a maximum or a minimum for a uniformly continuous mapping f of a compact interval into ${\mathbb{R}}$ is established constructively under the hypotheses that f′ is sequentially continuous and f has at most one critical point.

Two classically equivalent, but constructively inequivalent, strict convexity properties of a preference relation are discussed, and conditions given under which the stronger notion is a consequence of the weaker. The last part of the paper introduces uniformly rotund preferences, and shows that uniform rotundity implies strict convexity. The paper is written from a strictly constructive point of view, in which all proofs embody algorithms. MSC: 03F60, 90A06.

This is the first book to combine an introduction to Philosophy as a degree subject with the practical study and assessment skills that the student is likely to need. It begins by helping a student to make an informed choice about which philosophy course to apply for and goes on to introduce the subject via key problems and philosophers. It expertly guides the reader towards philosophical thinking as an activity and offers practical advice for developing techniques specific to the study (...) of philosophy.Features* Gives brief biographies of major philosophers * Provides clear definitions of key terms and guidance on further reading* Includes sample essays and examination questions* Covers time-management and self-motivation skills* Offers tips on making use of contact time with tutors. (shrink)

Para Nietzsche, Sócrates é o principal responsável pela inversão dos valores do mundo helênico. Na obra O Nascimento da tragédia, o “projeto socrático” é uma destruição da tragédia clássica, na qual os impulsos apolíneo e dionisíaco estavam unidos: esse projeto representa a afirmação da racionalidade em detrimento da arte enquanto expressão dos impulsos trágicos. Por sua vez, no Crepúsculo dos ídolos, Nietzsche critica a ascensão da dialética socrática entre os gregos, considerando o seu caráter degenerativo contra a vida e contra (...) os instintos. Caráter expresso nas últimas palavras de Sócrates: “Viver- significa estar há muito doente: eu devo um galo a Asclépio Salvador”. Assim, justifica-se este trabalho como uma apresentação das imagens de Sócrates nas obras acima referidas, para demonstrar os elementos principais que compõem a crítica nietzschiana à doença socrática. (shrink)