The Northern Review

Commentary from the Northern Tier of America

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Fallacies of Logic in Our Courts

July 12th, 2008 · No Comments

A fallacy of logic is a method of reasoning that does not have a sound basis in reason.

One fallacy we have quick recognition of is ad hominem argument  or  argumentum ad hominem (Latin: “argument to the man”, “argument against the man”).  Using this fallacy, one replies to an argument or factual claim by saying something about the lack of goodness of the person making the argument or claim, instead of responding to the substance of the argument or producing evidence against the claim.  This approach is not uncommon in our courts of law and courts of equity.  Sad to say.

Another fallacy of logic is the inverse of argumentum ad hominem.  It is argumentum ad verecundiam.  (Latin: “argument to respect”).  Using this fallacy, the person making the argument bases the truth value of an assertion on the authority, knowledge or position of the person asserting it.

This approach is more common in our courts of law and equity. 

For example, every day in a court here or there one can witness judicial decision making which leans to the side of a case which is presented by a person who is in a firm which has the respect of the local judiciary.  This is one of the reasons why many lawyers find it essential for them to do their work from the law firm which has a the appearance “good reputation” in the local community.  This is also why clients will seek out the lawyer who is doing his work from a law firm which has the appearance of a good reputation.

Tags: Law & Justice · Politics

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