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Legal Fallacies
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Naturalistic Fallacy
The naturalistic fallacy involves deriving an ethical obligation from a natural fact. It assumes that just because something is a certain way naturally, it ought to be that way ethically. Example: 'Humans naturally seek their own survival; therefore, it is morally right to do anything to ensure one’s own survival.'
Straw Man
This fallacy is committed when someone creates a distorted or simplified caricature of their opponent's argument, and then attacks that misrepresentation, rather than what their opponent is actually saying. Example: 'Senator Jones says that we should not fund the attack submarine program. I disagree entirely; I can't understand why he wants to leave us defenseless like that.'
Post Hoc Ergo Propter Hoc
This fallacy involves drawing a conclusion that because something happened after another thing, it must have occurred as a result of it. Example: 'Ever since the court allowed children to be tried as adults, juvenile crime rates have increased, so the court’s decision must be the cause.'
Ad Hominem
This fallacy targets the person who is making an argument rather than the argument itself. Example: 'The judge’s ruling on the case should not be taken seriously because she was once arrested for drunken driving.'
Red Herring
This fallacy is committed when someone diverts the argument to a topic unrelated to the issue at hand. Example: 'While discussing the crime rate, the senator keeps bringing up terrorism, which is a completely different issue.'
Appeal to Tradition
This fallacy occurs when it is assumed that something is better or correct simply because it is older, traditional, or 'always has been done.' Example: 'This law has governed our society for over 200 years, so it must be just and necessary.'
Slippery Slope
This fallacy happens when a person argues that a relatively small first step leads to a chain of related events culminating in some significant (usually negative) effect. Example: 'If we allow assisted suicide, next people will start killing others on the mere basis of convenience.'
False Dilemma
This occurs when it is suggested that only limited alternatives exist despite the fact there may be more than two outcomes or options. Example: 'The country must either increase the defense budget or risk being unprepared for an attack.'
Circular Reasoning
Occurs when the conclusion of an argument is used as a premise of the argument. Example: 'The law is just because it says within the law that it is based on justice.'
Hasty Generalization
This fallacy is made when a conclusion is drawn from a sample size that is too small or selective to assume that it represents the whole. Example: 'The fact that the defendant was in a gang five years ago clearly shows that he is guilty of this crime.'
Appeal to Authority
This fallacy happens when an assertion is deemed true because of the position or authority of the person asserting it. Example: 'The senator said that this new law will benefit everyone, so it must be true.'
Equivocation
Occurs when a key term or phrase in an argument is used in an ambiguous way, with one meaning in one portion of the argument and then another meaning in another portion. Example: 'The law says that it is a punishable offense to take pictures of military installations. I took a picture of my girlfriend in front of the army barracks, so I guess I will go to jail now.'
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