Reasoning

Reasoning SCANNER Normal JOJO 3 4 2002-01-15T03:53:00Z 2002-01-15T04:20:00Z 1 197 1126 SC 9 2 1382 9.2720 110

II. Frequently Committed Fallacies

1. Misplaced Authority

Expertise in one area of law is not necessarily expertise in another area of law. Before one cites an author's position to resolve a disputed question, his expertise in the particular area of law must be established.

2. Post hoc, ergo propter hoc

One event following another is not necessarily caused by the antecedent event. The fact that Juan and Pedro were earlier overheard talking about Pedro's dislike for the murder victim does not establish that the subsequent death of the victim was the handiwork of Pedro.

3. Tu quoque

A rule applied to one is not necessarily applicable to all others unless:

3.1 There is substantial similarity between all other parties.

3.2 The situations are similar.

3.3 The first party is legally and factually entitled to the application of the rule.

4. Dicta simpliciter

This is the fallacy of applying a general rule to cases that actually constitute exceptions to the rule. Example: It will not do to apply the rules on the prosecution of bigamy and the proscription of divorce to Muslims who are covered by a different law.

5. Argumentum ad populum

This is the fallacy of solving an issue by adopting the clamor of the masses as the solution to the problem.

6. Argumentum ad baculum

This is the fallacy of arguing from the undesirable consequences of a proposition.