how could you listen to her? she is his lawyer. what fallacy is present if any?

by Adam Heathcote 10 min read

How do you respond to the fallacy fallacy?

Finally, when responding to the use of the fallacy fallacy, it’s important to remember that fallacious reasoning is something that should generally be taken into account, and that while the conclusion of a fallacious argument isn’t necessarily false, it’s not necessarily true either.

When is it appropriate to point out a logical fallacy?

This can be appropriate, for example, in a situation where having someone point out a logical fallacy in your argument makes you realize that the argument and its conclusion are completely wrong. If there’s no actual fallacy in the original argument, explain that. In some cases, people might be wrong when calling out the use of logical fallacies.

What is the big but fallacy in law?

The Big "But" Fallacy (also, Special Pleading): The fallacy of enunciating a generally-accepted principle and then directly negating it with a "but." Often this takes the form of the "Special Case," which is supposedly exempt from the usual rules of law, logic, morality, ethics or even credibility E.g.,

How do fallacies work in everyday conversations?

This fallacy works by having someone saying that something is true because it has not yet been proven false. This may be one of the all-time most used fallacies in everyday conversations. This fallacy requires presuppositions and a lack of imagination.

How do you identify a fallacy?

Logical fallacies are flawed, deceptive, or false arguments that can be proven wrong with reasoning. There are two main types of fallacies: A formal fallacy is an argument with a premise and conclusion that doesn't hold up to scrutiny. An informal fallacy is an error in the form, content, or context of the argument.

What is an example of a fallacy?

Example: “People have been trying for centuries to prove that God exists. But no one has yet been able to prove it. Therefore, God does not exist.” Here's an opposing argument that commits the same fallacy: “People have been trying for years to prove that God does not exist. But no one has yet been able to prove it.

Do Lawyers use fallacies?

Lawyers use informal fallacies as a strategy of persuasion to induce cognitive biases in other people's thinking, to effectively manage their percep- tions, and to ultimately change their beliefs.

What is this fallacy?

Fallacies are common errors in reasoning that will undermine the logic of your argument. Fallacies can be either illegitimate arguments or irrelevant points, and are often identified because they lack evidence that supports their claim.

What are the 3 types of fallacies?

Species of Fallacious Arguments. The common fallacies are usefully divided into three categories: Fallacies of Relevance, Fallacies of Unacceptable Premises, and Formal Fallacies. Many of these fallacies have Latin names, perhaps because medieval philosophers were particularly interested in informal logic.

What are the five common fallacies?

Let us consider five of the most common informal logical fallacies—arguments that may sound convincing but actually rely on a flaw in logic.(1) Red Herring Fallacy. ... (2) Strawman Fallacy. ... (3) Slippery Slope Fallacy. ... (4) Begging the Question Fallacy. ... (5) Post Hoc Fallacy.

How do lawyers use logic?

Lawyers engage in five types of legal reasoning. Lawyers base their arguments on rules, analogies, policies, principles, and customs. Rule-based reasoning relies on the use of syllogisms, or arguments based on formal logic. A syllogism consists of a major premise, a minor premise, and a conclusion.

How do lawyers argue?

Lawyers stick with the topic. Subjective opinions are not objective facts. No matter what strategies the opposing side uses to distract you from the main issue, or how tempting it is to draw in other connections, a good lawyer always brings the argument back to the original point.

How do I reason with a lawyer?

2:569:28How to Argue Like a Lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipIt's really important that you create a framework for your argument. Whatever it's gonna be but.MoreIt's really important that you create a framework for your argument. Whatever it's gonna be but. Then you beat the hell out of it you question every single shred of logic that supports your argument.

What are 8 types of fallacies?

Table of ContentsCorrelation Is Not Causation.Slippery Slope Fallacy.False Dichotomies.Begging the Question.Red Herrings.Appeals to the Bandwagon, Authority, and Pity.Ad Hominem.Straw Man.

How many fallacies are there?

There are three commonly recognized versions of the fallacy. The abusive ad hominem fallacy involves saying that someone's view should not be accepted because they have some unfavorable property.

What is informal fallacy and examples?

Ad Hominem. Appeal to Ignorance. Begging the Question. Confusion of Necessary with a Sufficient Condition.

What is a fallacy in argument?

If you’re unsure what a fallacy is, it’s simply a failure in reasoning which renders an argument invalid. Fallacies themselves do not disprove people’s beliefs, but rather they simply show that the methods with which they used to conform their beliefs were based on faulty reasoning.

Why do people believe logical fallacies?

One only needs to listen closely to the reasons why people believe the things they believe to see the truth in this. What's even more troubling is that logical fallacies often slip by our radar when being used by other people during trivial conversations, causing unnecessary quarrels which can destroy healthy relationships and distort beliefs.

What is the red herring fallacy?

With the red herring fallacy, someone will introduce an irrelevant topic into the argument in an attempt to redirect the attention of their interlocutor or of nearby listeners. Someone may use this fallacy when they do not want to directly answer someone's question or when they are simply unable to adeptly refute an argument. So, instead of defending their position, they will instead bring up a separate topic into the debate to change the conversation onto something that is more comfortable to the person using the fallacy.

What is anecdotal fallacy?

This fallacy is when someone bases an argument on anecdotal evidence. They will use personal experiences as evidence to back up their claims. Besides first-person experiences, anecdotal fallacies can also exist with large groups of people as well insofar as multiple people all claim to have had the same or similar experiences. The obvious problem with anecdotes is that they're based on memory, which is often not very reliable. In addition, we're also oftentimes fooled by our own senses. One needs only to watch a professional magician to understand this.

What is a false dichotomy?

A false dichotomy is a fallacy where something is falsely claimed to be an "either/or" situation, when there are in fact several other options, even if only one more. As is the case with the argument from ignorance fallacy, someone putting forth a false dichotomy is not taking into consideration all of the possible options available to them.

How does the bandwagon fallacy work?

The bandwagon fallacy works by having someone conform beliefs that are based on the popularity of their position. People who use this fallacy will attribute the popularity of their belief to also be validation to its truthfulness. Instead of conforming their belief based on evidence, they will instead be convinced that if the majority of people believe something to be true, then it must therefore be true.

Can anecdotal fallacies be used as evidence?

They will use personal experiences as evidence to back up their claims. Besides first-person experiences, anecdotal fallacies can also exist with large groups of people as well insofar as multiple people all claim to have had the same or similar experiences.

What is formal fallacy?

A Formal Fallacy is a breakdown in how you say something. The ideas are somehow sequenced incorrectly. Their form is wrong, rendering the argument as noise and nonsense. An Informal Fallacy denotes an error in what you are saying, that is, the content of your argument.

What are logical fallacies?

Many of these errors are considered logical fallacies. Logical fallacies are commonplace in the classroom, in formal televised debates, and perhaps most rampantly, on any number of internet forums. But what is a logical fallacy? And just as important, how can you avoid making logical fallacies yourself? Whether you’re in college, or preparing to go to college; whether you’re on campus or in an online bachelor’s degree program, it pays to know your logical fallacies. This article lays out some of the most common logical fallacies you might encounter, and that you should be aware of in your own discourse and debate.

What are some examples of ad hominem arguments?

Example 1. “MacDougal roots for a British football team. Clearly he’s unfit to be a police chief in Ireland.”. Example 2. “All people from Crete are liars”. YouTube. Intelligite.

What is the ad hominem fallacy?

Ad Hominem Fallacy. When people think of “arguments,” often their first thought is of shouting matches riddled with personal attacks. Ironically, personal attacks run contrary to rational arguments. In logic and rhetoric, a personal attack is called an ad hominem. Ad hominem is Latin for “against the man.”.

Why is the strawman argument accidental?

But often the strawman argument is accidental, because the offender doesn’t realize the are oversimplifying a nuanced position, or misrepresenting a narrow, cautious claim as if it were broad and foolhardy. Your Turn: See if you can detect how both of the following statements could qualify as a strawman argument.

Is ignorance proof of anything?

An appeal to ignorance isn’t proof of anything except that you don’t know something. If no one has proven the non-existence of ghosts or flying saucers, that’s hardly proof that those things either exist or don’t exist. If we don’t know whether they exist, then we don’t know that they do exist or that they don’t exist.

Is ignorance a fallacious appeal?

Any time ignorance is used as a major premise in support of an argument, it’s liable to be a fallacious appeal to ignorance. Naturally, we are all ignorant of many things, but it is cheap and manipulative to allow this unfortunate aspect of the human condition to do most of our heavy lifting in an argument.

What is the fallacy of "no matter how questionable"?

The contemporary fallacy that an argument, standpoint, action or conclusion must be accepted, no matter how questionable, or else the point will remain unsettled and those affected will be denied "closure." This refuses to recognize the truth that some points will indeed remain unsettled, perhaps forever. (E.g., "Society would be protected, crime would be deterred and justice served if we sentence you to life without parole, but we need to execute you in order to provide some sense of closure.") (See also "Argument from Ignorance," "Argument from Consequences.")

What is the fallacy of attempting to refute an argument by attacking the opposition's personal character or reputation?

Also, "personal attack," "poisoning the well." The fallacy of attempting to refute an argument by attacking the opposition's personal character or reputation, using a corrupted negative argument from ethos. E.g., "He's so evil that you can't believe anything he says." See also "Guilt by Association." Also applies to cases where valid opposing evidence and arguments are brushed aside without comment or consideration, as simply not worth arguing about.

What does it mean when a prosecutor says the defendant is guilty?

A prosecutor (mis)uses it like this: “If the defendant were guilty, he would have blood on his shoes. The defendant DID have blood on his shoes. So this means he’s guilty.” It is persuasive, even though it’s logically flawed. (More specifically, in this case it means taking a piece of inductive evidence and treating it as a premise in a deductive argument.)

Can I think like a lawyer?

No. Part of going to law school and “learning to think like a lawyer” is honing one's logic and learning to spot flaws in the reasoning of others. Put differently, you learn not to use logical fallacies (to the extent you didn't already know not to do so), and you develop a “bullshit detector” for those who do.

What is the term for a fallacy that occurs when the conclusion of an argument is assumed in the phras

Begging the question , also called circular reasoning, is a type of fallacy that occurs when the conclusion of an argument is assumed in the phrasing of the question itself.

What are fallacies in writing?

Fallacies in Writing. Now that you’ve examined some common errors in reasoning, you'll be better equipped to recognize them when they come your way. In your future writings or debates, this will serve as a guidepost to make sure you don't fall into similar trappings.

What is the appeal to ignorance fallacy?

Appeal to Ignorance. Appeal to ignorance fallacies occur when someone asserts a claim that must be accepted because no one else can prove otherwise. People have been praying to God for years. No one can prove He doesn't exist. Therefore, He exists.

What are some examples of fallacies?

They derive from reasoning that is logically incorrect, thus undermining an argument's validity. Explore the different types of fallacies you can find through examples. Cats as ruthless killers fallacy.

What is straw man fallacy?

A straw man fallacy happens when someone appears to be refuting the original point made, but is actually arguing a point that wasn't initially made. President Trump doesn't have middle class Americans in mind. He's part of the upper echelon of America.

What is false analogy fallacy?

In false analogy fallacies, you make an assumption about two things that are alike. Because they are alike in one respect, it is assumed they are alike in another. People and watches are both complex. Therefore, they both must be the product of complex design. Tigers and lions are ruthless killers. House cats must also be ruthless killers.

When you commit an appeal to authority fallacy, do you accept a truth on blind faith?

When you commit an appeal to authority fallacy, you accept a truth on blind faith just because someone you admire said it. Katherine loves Tom Cruise. One day, she meets Tom Cruise and he tells her unicorns live in New York City.

What is the ad populum fallacy?

Definition: The Latin name of this fallacy means “to the people.” There are several versions of the ad populum fallacy, but in all of them, the arguer takes advantage of the desire most people have to be liked and to fit in with others and uses that desire to try to get the audience to accept his or her argument. One of the most common versions is the bandwagon fallacy, in which the arguer tries to convince the audience to do or believe something because everyone else (supposedly) does.

What does the argumenter say about the slippery slope?

Definition: The arguer claims that a sort of chain reaction, usually ending in some dire consequence, will take place, but there’s really not enough evidence for that assumption. The arguer asserts that if we take even one step onto the “slippery slope,” we will end up sliding all the way to the bottom; he or she assumes we can’t stop partway down the hill.

What is false dichotomy?

Definition: In false dichotomy, the arguer sets up the situation so it looks like there are only two choices. The arguer then eliminates one of the choices, so it seems that we are left with only one option: the one the arguer wanted us to pick in the first place.

What is red herring in argument?

Red herring. Definition: Partway through an argument, the arguer goes off on a tangent, raising a side issue that distracts the audience from what’s really at stake. Often, the arguer never returns to the original issue. Example: “Grading this exam on a curve would be the most fair thing to do.

Is Guy Handsome an authority on the death penalty?

While Guy Handsome may be an authority on matters having to do with acting, there’s no particular reason why anyone should be moved by his political opinions—he is probably no more of an authority on the death penalty than the person writing the paper.

Is correlation the same as causation?

But sometimes two events that seem related in time aren’t really related as cause and event. That is, correlation isn’t the same thing as causation. Examples: “President Jones raised taxes, and then the rate of violent crime went up. Jones is responsible for the rise in crime.”.

Is the analogy of guns a weak one?

If the two things that are being compared aren’t really alike in the relevant respects, the analogy is a weak one, and the argument that relies on it commits the fallacy of weak analogy. Example: “Guns are like hammers—they’re both tools with metal parts that could be used to kill someone.

What is a fallacy in reasoning?

Fallacies are errors in reasoning, not errors about truth or falsity. That is, if someone has committed a fallacy, then he has made an error in reasoning; but it doesn’t follow that he has made a factual error…. …because the truth or falsity of a claim cannot be inferred solely from the quality of the reasoning, ...

What are some examples of fallacy?

A basic example of the fallacy fallacy is someone who assumes that because someone else’s argument contained a logical fallacy, such as an appeal to nature, then the conclusion of their argument must necessarily be false. This is illustrated in the following dialogue:

What is an inverse fallacy?

The inverse fallacy-fallacy is a logical fallacy that occurs when someone assumes that just because the conclusion of a certain argument is true, then the argument itself must be logically sound. An example of the inverse fallacy-fallacy is the following: Alex: dogs have teeth, so they’re mammals.

What is the fallacy of the sky?

To better understand the fallacy fallacy, consider the following argument: Premise 1: if it’s raining, then the sky is cloudy. Premise 2: the sky is cloudy. Conclusion: it’s raining. This argument is fallacious, since it has a flaw in its logical structure.

What is the fallacy of argument?

The fallacy fallacy (also known as the argument from fallacy) is a logical fallacy that occurs when someone assumes that if an argument contains a logical fallacy, then its conclusion must be false.

What is Alex's fallacious reasoning?

Here, Alex uses fallacious reasoning when deducing that the animal that he saw was a fox, as Bob points out. However, just because Alex’s reasoning is flawed, that doesn’t mean that the conclusion of his argument is necessarily false, and it’s entirely possible that the animal in question was indeed a fox.

Is affirming the consequent a fallacy?

This argument illustrates the fallacy of affirming the consequent. As a deductive argument, it is invalid – one cannot draw/infer the conclusion from the premises – and yet the conclusion is true. As such, it should be clear that poor reasoning (committing a fallacy) does not entail a false conclusion.