Arts and Humanities Commons^™

Emotional Legal Arguments And A Broken Leg, Rubens Damasceno-Morais

OSSA Conference Archive

We intend to examine ways that emotions may be intertwined within argumentative legal discourses. From the transcript of a brief trial in a Court of Appeal in Brazil we have the opportunity to observe how the emotional and rational reasoning live together in a deliberation among magistrates. “The leg broken case” allow us to examine how judges define the value of compensation to be paid in cases of moral damage. We show that not only technical arguments are the compounds of one decision; subjectivity is also important in that legal context. We would yet confirm what jurists and …

On Being Objective: Hard Data, Soft Data And Baseball., Michael A. Gilbert

OSSA Conference Archive

“Objective” is a term that has a long and sometimes tumultuous history and a wide range of meanings. The sense in which I am interested here is the one that refers to ways of thinking, and especially the explicit criticism of an argument or judgment as not being “objective,” as exemplified in the following.

• You’re not being objective.
• You have to look at it objectively.
• Objectively, the best choice is…
• Being objective, I’d have to say…

Implicit in these statements is an ideology that denigrates emotion and other communicative aspects in favour of an idealized sense of fact, data and …

Commentary On The Emotional Life Of Reason: Exploring Conceptions Of Objectivity, Moira Howes

OSSA Conference Archive

Robert Pinto and Laura Pinto advance a non-binary account of reason and emotion in the reasoning process and argue for a naturalistic understanding of objectivity that will allow for the evaluation of emotions as reasonable. Pinto and Pinto’s promising argument generates important and productive lines of inquiry. I suggest a few such lines of inquiry, including the idea that it may be important to support reflexivity and interpretive community with equanimity; that we should further examine the potential of new ideals of objectivity that explicitly incorporate emotion and virtue; and finally, that we should craft methodologies to deepen our understanding …

Emotion As Permeative: Attempting To Model The Unidentifiable, Michael A. Gilbert

OSSA Conference Archive

The question of emotion in argumentation has received considerable attention in recent years. But there is a tension between the traditional normative role of informal logic, and the inclusion of emotion which is viewed as notoriously unstable. Here I argue that that, a] there is always emotion in an argument; b] that the presence of emotion is a good thing; and c] that we can and ought model and teach the use of emotion in Argumentation Theory.

Critical Thinking And Informal Logic: Neuropsychological Perspectives, Paul Thagard

OSSA Conference Archive

This article challenges the common view that improvements in critical thinking are best pursued by investigations in informal logic. From the perspective of research in psychology and neuroscience, human inference is a process that is multimodal, parallel, and often emotional, which makes it unlike the linguistic, serial, and narrowly cognitive structure of arguments. Attempts to improve inferential practice need to consider psychological error tendencies, which are patterns of thinking that are natural for people but frequently lead to mistakes in judgment. This article discusses two important but neglected error tendencies: motivated inference and fear-driven inference.

Deepening Disagreement In Engineering Education, Robert Irish, Brian Macpherson

OSSA Conference Archive

This paper argues that deep disagreements stem from conflicting worldviews. In particular, I examine how recent moves in engineering education contribute to deep disagreement by inculcating stu-dents into valuing the environment as a key stakeholder in engineering design. However, some graduates who value the environment meet resistance from employers who hold a more traditional engineering worldview, which regards the environment as an externality. Clashing worldviews can, as Robert Fogelin posited, render rational resolution to argument impossible. Disputants must consider the emotional and rhetorical as means to move toward productive ground for argument. I offer two moves from classical rhet-oric–making an …