This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.
A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.
Fallacies and Argument Appraisal presents an introduction to the nature, identification, and causes of fallacious reasoning, along with key questions for evaluation. Drawing from the latest work on fallacies as well as some of the standard ideas that have remained relevant since Aristotle, Christopher Tindale investigates central cases of major fallacies in order to understand what has gone wrong and how this has occurred. Dispensing with the approach that simply assigns labels and brief descriptions of fallacies, Tindale provides fuller treatments that recognize the dialectical and rhetorical contexts in which fallacies arise. This volume analyzes major fallacies through accessible, everyday examples. Critical questions are developed for each fallacy to help the student identify them and provide considered evaluations.
A vital contribution to legal theory and media and civic discourse In the 1860s, northern newspapers attacked Abraham Lincoln's policies by attacking his character, using the terms "drunk," "baboon," "too slow," "foolish," and "dishonest." Steadily on the increase in political argumentation since then, the argumentum ad hominem, or personal attack argument, has now been carefully refined as an instrument of "oppo tactics" and "going negative" by the public relations experts who craft political campaigns at the national level. In this definitive treatment of one of the most important concepts in argumentation theory and informal logic, Douglas Walton presents a normative framework for identifying and evaluating ad hominem or personal attack arguments. Personal attack arguments have often proved to be so effective, in election campaigns, for example, that even while condemning them, politicians have not stopped using them. In the media, in the courtroom, and in everyday confrontation, ad hominem arguments are easy to put forward as accusations, are difficult to refute, and often have an extremely powerful effect on persuading an audience. Walton gives a clear method for analyzing and evaluating cases of ad hominem arguments found in everyday argumentation. His analysis classifies the ad hominem argument into five clearly defined subtypes—abusive (direct), circumstantial, bias, "poisoning the well," and tu quoque ("you're just as bad") arguments—and gives methods for evaluating each type. Each subtype is given a well-defined form as a recognizable type of argument. The numerous case studies show in concrete terms many practical aspects of how to use textual evidence to identify and analyze fallacies and to evaluate argumentation as fallacious or not in particular cases.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.
This book is a crash course in effective reasoning, meant to catapult you into a world where you start to see things how they really are, not how you think they are. The focus of this book is on logical fallacies, which loosely defined, are simply errors in reasoning. With the reading of each page, you can make significant improvements in the way you reason and make decisions. Logically Fallacious is one of the most comprehensive collections of logical fallacies with all original examples and easy to understand descriptions, perfect for educators, debaters, or anyone who wants to improve his or her reasoning skills. "Expose an irrational belief, keep a person rational for a day. Expose irrational thinking, keep a person rational for a lifetime." - Bo Bennett This 2021 Edition includes dozens of more logical fallacies with many updated examples.
