Scott Brewer, Agonophobia (Fear of Contest) In the Theory of Argument?: The Case of Gary Lawson’s Evidence of the Law, 97 B.U. L. Rev. 2303 (2017).
Abstract: I begin by commending my friend Gary Lawson for his important treatment of the nature of evidence and proof in his book Evidence of the Law. I write, very much, I think, in the spirit of his book and his own agonophilic (I shall explain this concept) style, to question whether his theory of proof hinders its explanatory power by omitting to recognize virtues of arguments other than the one on which he (and, for that matter, most philosophers--he is in good company) focuses, namely, argumentative proofs that produce true or probabilistically warranted propositions. To make my argument I draw on my own theory of the nature of argument and method of analyzing the virtues and vices of argument. I call this method and its supporting theory the Logocratic Method (“LM”). My task in this Lecture is to present enough of the LM-- including two of its concepts central to my critique, “agonophilia” and “agonophobia”--and enough of a re-presentation of what I understand Gary's argument about the nature of proof to be, to raise my question about the explanatory adequacy of Gary's theory.