Public International Law

Posted in 1 on August 11, 2009 by llb7

Pimentel, Jr. v. Executive Secretary
462 SCRA 622, 6 July 2005

FACTS :

The Rome Statute established the International Criminal Court which “shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern xxx and shall be complementary to the national criminal jurisdictions.” Its jurisdiction covers the crime of genocide, crimes against humanity, war crimes and the crime of aggression as defined in the Statute.

On December 28, 2000, the Philippines signed the Rome Statue. The Rome Statute however requires that the signature of the representatives of the states be subject to ratification, acceptance or approval of the signatory states.

Thus, a petition for mandamus was filed by petitioners to compel the Office of the Executive Secretary and the Department of Foreign Affairs to transmit the signed copy of the Rome Statute of the International Criminal Court to the Senate of the Philippines for its concurrence in accordance with Sec. 21, Art. VII of the 1987 Philippine Constitution.

ISSUE :

Whether the Executive Secretary and the Department of Foreign Affairs have a ministerial duty to transmit to the Senate the copy of the Rome Statute signed by a member of the Philippine Mission to the United Nations even without the signature of the President.

RULING :

Petition is dismissed.
In our system of government, the President, being the head of the state, is regarded as the sole organ and authority in external relations and is the country’s sole representative with foreign nations. As chief architect of foreign policy, the President acts as the country’s mouthpiece with respect to international affairs. Hence, the President is vested with the authority to deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact business of foreign relations. In the realm of treaty-making, the President has the sole authority to negotiate with other states.
Nonetheless, while the President has the sole authority to negotiate and enter into treaties, the Constitution provides for a limitation to his power by requiring the concurrence of 2/3 votes of all the members of the Senate for the validity of the treaty entered into by him. The participation of the legislative branch in the treaty-making process was deemed essential to provide a check on the executive in the field of foreign relations.
Petitioners equate signing of the treaty with ratification, which are two different and distinct steps in the treaty-making process. Signature is primarily intended as a means of authenticating the instrument and as a symbol of good faith of the parties. Ratification, the other hand, is a formal act, executive by nature, undertaken by the head of the state or of the government.
The signature does not signify the final consent of the state to the treaty. It is ratification that binds the state to the provisions thereof. Under our Constitution, the power to ratify is vested in the President, subject to the concurrence of the Senate. The role of the Senate is limited only to giving or withholding its consent, or concurrence to the ratification. Such power of the President cannot be encroached by the courts via mandamus and the courts has no jurisdiction over actions seeking to enjoin the President in the performance of his official duties. Therefore, the Court cannot issue a writ of mandamus prayed for by the petitioners as it is beyond its jurisdiction to compel the executive branch of the government to transmit the signed text of Rome Statute to Senate.

Bayan vs. Zamora
G.R. No. 138570. October 10, 2000

FACTS :
On March 14, 1947, the Philippines and the United States of America forged a military bases agreement which formalized, among others, the use of installations in the Philippine territory by the US military personnel. To further strengthen their defense and security relationship, the Philippines and the US entered into a Mutual Defense Treaty on August 30, 1951. Under the treaty, the parties agreed to respond to any external armed attack on their territory, armed forces, public vessels and aircraft.
In 1991, with the expiration of RP-US Military Bases Agreement, the periodic military exercises between the two countries were held in abeyance. However, the defence and security relationship continued pursuant to the Mutual Defense Treaty. On July 18, 1997 RP and US exchanged notes and discussed, among other things, the possible elements of the Visiting Forces Agreement (VFA). Negotiations by both panels on VFA led to a consolitdated draft text and a series of conferences. Eventually, President Fidel V. Ramos approved the VFA.
On October 5, 1998 President Joseph E. Estrada ratified the VFA thru respondent Secretary of Foreign Affairs. On October 6, 1998, the President, acting thru Executive Secretary Zamora officially transmitted to the Senate, the Instrument of Ratification, letter of the President and the VFA for approval. It was approved by the Senate by a 2/3 vote of its members. On June 1, 1999, the VFA officially entered into force after an exchange of notes between Secretary Siazon and US Ambassador Hubbard.
The VFA provides for the mechanism for regulating the circumstances and conditions under which US Armed Forces and defense personnel may be present in the Philippines. Hence this petition for certiorari and prohibition, assailing the constitutionality of the VFA and imputing grave abuse of discretion to respondents in ratifying the agreement.

ISSUE:

Whether or not the VFA is unconstitutional.

RULING :
Petition is dismissed.
The 1987 Philippine Constitution contains two provisions requiring the concurrence of the Senate on treaties or international agreements. Sec. 21 Art. VII, which respondent invokes, reads: “No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the Members of the Senate. Sec. 25 Art. XVIII provides : “After the expiration in 1991 of the Agreement between the RP and the US concerning Military Bases, foreign military bases, troops or facilities shall not be allowed in the Philippines except under a treaty duly concurred in and when the Congress so requires, ratified by a majority of votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the Senateby the other contracting state”.
The first cited provision applies to any form of treaties and international agreements in general with a wide variety of subject matter. All treaties and international agreements entered into by the Philippines, regardless of subject matter, coverage or particular designation requires the concurrence of the Senate to be valid and effective.
In contrast, the second cited provision applies to treaties which involve presence of foreign military bases, troops and facilities in the Philippines. Both constitutional provisions share some common ground. The fact that the President referred the VFA to the Senate under Sec. 21 Art. VII, and that Senate extended its concurrence under the same provision is immaterial.
Undoubtedly, Sec. 25 Art. XVIII which specifically deals with treaties involving foreign military bases and troops should apply in the instant case. Hence, for VFA to be constitutional it must sufficiently meet the following requisites :
a) it must be under a treaty
b) the treaty must be duly concurred in by the Senate, and when so required by Congress, ratified by a majority of votes cast by the people in a national referendum
c) recognized as a treaty by the other contracting State
There is no dispute in the presence of the first two requisites. The third requisite implies that the other contracting party accepts or acknowledges the agreement as a treaty. Moreover, it is inconsequential whether the US treats the VFA only as an executive agreement because, under international law, an executive agreement is as binding as a treaty. They are equally binding obligations upon nations. Therefore, there is indeed marked compliance with the mandate of the constitution.
The court also finds that there is no grave abuse of discretion on the part of the executive department as to their power to ratify the VFA.

Abaya vs. Ebdane

G.R. No. 167919 February 14, 2007

FACTS :
This a petition for certiorari and prohibition to set aside and nullify Res. No. PJHL-A-04-012 dated May 27, 2004 issued by the Bids and Action Committee (BAC) of the DPWH. This resolution recommended the award to private respondent China Road and Bridge Corporation of the contract which consist of the improvement and rehabilitation of a 79.818-km road in the island of Catanduanes.
Based on an Exchange of Notes, Japan and the Philippines have reached an understanding that Japanese loans are to be extended to the country with the aim of promoting economic stabilization and development efforts.
In accordance with the established prequalification criteria, eight contractors were evaluated or considered eligible to bid as concurred by the JBIC. Prior to the opening of the respective bid proposals, it was announced that the Approved Budget for the Contract (ABC) was in the amount of P738,710,563.67. Consequently, the bid goes to private respondent in the amount of P952,564,821.71 (with a variance of 25.98% from the ABC). Hence this petition on the contention that it violates Sec. 31 of RA 9184 which provides that :
Sec. 31 – Ceiling for Bid Prices. – The ABC shall be the upper limit or ceiling for the bid prices. Bid prices that exceed this ceiling shall be disqualified outright from further participating in the proceeding. There shall be no lower limit to the amount of the award.
The petitioners further contends that the Loan Agreement between Japan and the Philippines is neither an international nor an executive agreement that would bar the application of RA9184. They pointed out that to be considered as such, the parties must be two (2) sovereigns or states whereas in this loan agreement, the parties were the Philippine government and the JBIC, a banking agency of Japan, which has a separate juridical personality from the Japanese government.

Issue :

Whether the loan agreement violates RA 9184.

Ruling:

The court ruled in favor of the respondents.
Significantly, an exchange of notes is considered a form of an executive agreement, which becomes binding through executive action without the need of a vote by the Senate or Congress. Executive agreements, sometimes take the form of exchange of notes and at other times that of more formal documents denominated “agreements” or “protocols”. Ordinary correspondence between this and other governments ends and agreements – whether denominated executive agreements or exchange of notes or otherwise – begin, may sometimes be difficult of ready ascertainment.
The fundamental principle of international law of pacta sunt servanda, which is, in fact, embodied in Section 4 of RA 9184 as it provides that “[a]ny treaty or international or executive agreement affecting the subject matter of this Act to which the Philippine government is a signatory shall be observed,” the DPWH, as the executing agency of the projects financed by Loan Agreement No. PH-P204, rightfully awarded the contract for the implementation of civil works for the CP I project to private respondent China Road & Bridge Corporation.

Lim vs. Executive Secretary

G.R. No. 151445. April 11, 2002

Facts:

Beginning January of year 2002, personnel from the armed forces of the United States of America started arriving in Mindanao to take part, in conjunction with the Philippine military, in “Balikatan 02-1.” They are a simulation of joint military maneuvers pursuant to the Mutual Defense Treaty (MDT) a bilateral defense agreement entered into by the Philippines and the United States in 1951.

The entry of American troops into Philippine soil is proximately rooted in the international anti-terrorism campaign declared by President George W. Bush in reaction to the tragic events that occurred on September 11, 2001.The MDT has been described as the “core” of the defense relationship between the Philippines and its traditional ally, the United States. Its aim is to enhance the strategic and technological capabilities of our armed forces through joint training with its American counterparts; the “Balikatan” is the largest such training exercise directly supporting the MDT’s objectives. It is this treaty to which the VFA adverts and the obligations thereunder which it seeks to reaffirm.

On February 1, 2002, petitioners Arthur D. Lim and Paulino P. Ersando filed this petition for certiorari and prohibition, attacking the constitutionality of the joint exercise. They were joined subsequently by SANLAKAS and PARTIDO NG MANGGAGAWA, both party-list organizations, who filed a petition-in-intervention on February 11, 2002

Issue:

Whether “Balikatan 02-1” is covered by the Visiting Forces Agreement?

Ruling:

The VFA permits United States personnel to engage, on an impermanent basis, in “activities,” the exact meaning of which was left undefined. The sole encumbrance placed on its definition is couched in the negative, in that United States personnel must “abstain from any activity inconsistent with the spirit of this agreement, and in particular, from any political activity.

The Vienna Convention on the Law of Treaties, Articles 31 and 32 contains provisos governing interpretations of international agreements. It clearly provides that the cardinal rule of interpretation must involve an examination of the text, which is presumed to verbalize the parties’ intentions. The Convention likewise dictates what may be used as aids to deduce the meaning of terms, which it refers to as the context of the treaty, as well as other elements may be taken into account alongside the aforesaid context.
It appeared farfetched that the ambiguity surrounding the meaning of the word ‘activities” arose from accident. It was deliberately made that way to give both parties a certain leeway in negotiation. In this manner, visiting US forces may sojourn in Philippine territory for purposes other than military. As conceived, the joint exercises may include training on new techniques of patrol and surveillance to protect the nation’s marine resources, sea search-and-rescue operations to assist vessels in distress, disaster relief operations, civic action projects such as the building of school houses, medical and humanitarian missions, and the like.
Under these auspices, the VFA gives legitimacy to the current Balikatan exercises. It is only logical to assume that .’Balikatan 02-1,” a “mutual anti- terrorism advising, assisting and training exercise,” falls under the umbrella of sanctioned or allowable activities in the context of the agreement. Both the history and intent of the Mutual Defense Treaty and the VFA support the conclusion that combat-related activities -as opposed to combat itself -such as the one subject of the instant petition, are indeed authorized.

CIR vs. SC Johnson

G.R. No. 127105. June 25, 1999

Facts:

S.C. JOHNSON AND SON, INC., a domestic corporation organized and operating under the Philippine laws, entered into a license agreement with SC Johnson and Son, United States of America (USA), a non-resident foreign corporation based in the U.S.A. The respondent was granted the right to use the trademark, patents and technology owned by SC Johnson and Son, United States of America (USA) including the right to manufacture, package and distribute the products covered by the Agreement and secure its assistance in management, marketing and production.
For the use of the trademark or technology, the respondent was obliged to pay royalties based on a percentage of net sales and subjected the same to 25% withholding tax on royalty payments which it paid for the period covering July 1992 to May 1993 in the total amount of P1,603,443.00
On October 29, 1993, a claim for refund of overpaid withholding tax on royalties was filed by the respondent with the International Tax Affairs Division (ITAD) of the BIR arguing that they fall squarely within the same circumstances under the rulings issued in MacGeorge and Gillete. They contended that royalties paid to SC Johnson and Son, USA is only subject to 10% withholding tax pursuant to the most-favored nation clause of the RP-US Tax Treaty [Article 13 Paragraph 2 (b) (iii)] in relation to the RP-West Germany Tax Treaty [Article 12 (2) (b)]” (Petition for Review [filed with the Court of Appeals]
When the Commissioner did not act on said claim for refund S.C. Johnson & Son, Inc. (S.C. Johnson) filed a petition for review before the Court of Tax Appeals (CTA).The Court of Tax Appeals rendered its decision in favor of S.C. Johnson and ordered the Commissioner of Internal Revenue to issue a tax credit certificate in the amount of P963,266.00 representing overpaid withholding tax on royalty payments, beginning July, 1992 to May, 1993.2
The Commissioner of Internal Revenue thus filed a petition for review with the Court of Appeals which rendered the decision finding no merit in the petition and affirming in toto the CTA ruling.
Thus, this petition.

Issue:

Whether the Court of Appeals erred in ruling that SC Johnson and Son, USA is entitled to the “Most Favored Nation” Tax rate of 10% on Royalties as provide in the RP-US Tax Treaty in relation to the RP-West Germany Tax Treaty?

Ruling:

Article 13 (2) (b) (iii) of the RP-US Tax Treaty states that:
1) Royalties derived by a resident of one of the Contracting States from sources within the other Contracting State may be taxed by both Contracting States.
2) However, the tax imposed by that Contracting State shall not exceed.
a) In the case of the United States, 15 percent of the gross amount of the royalties, and
b) In the case of the Philippines, the least of:
(i) 25 percent of the gross amount of the royalties;
(ii) 15 percent of the gross amount of the royalties, where the royalties are paid by a corporation registered with the Philippine Board of Investments and engaged in preferred areas of activities; and
(iii) the lowest rate of Philippine tax that may be imposed on royalties of the same kind paid under similar circumstances to a resident of a third State.
x x x x x x x x x
Article 12 (2) (b) of the RP-Germany Tax Treaty provides:
(2) However, such royalties may also be taxed in the Contracting State in which they arise, and according to the law of that State, but the tax so charged shall not exceed:
x x x x x x x x x
b) 10 percent of the gross amount of royalties arising from the use of, or the right to use, any patent, trademark, design or model, plan, secret formula or process, or from the use of or the right to use, industrial, commercial, or scientific equipment, or for information concerning industrial, commercial or scientific experience.
For as long as the transfer of technology, under Philippine law, is subject to approval, the limitation of the tax rate mentioned under b) shall, in the case of royalties arising in the Republic of the Philippines, only apply if the contract giving rise to such royalties has been approved by the Philippine competent authorities.
Under Article 24 of the RP-West Germany Tax Treaty, the Philippine tax paid on income from sources within the Philippines is allowed as a credit against German income and corporation tax on the same income. In the case of royalties for which the tax is reduced to 10 or 15 percent according to paragraph 2 of Article 12 of the RP-West Germany Tax Treaty, the credit shall be 20% of the gross amount of such royalty. To illustrate, the royalty income of a German resident from sources within the Philippines arising from the use of, or the right to use, any patent, trade mark, design or model, plan, secret formula or process, is taxed at 10% of the gross amount of said royalty under certain conditions. The rate of 10% is imposed if credit against the German income and corporation tax on said royalty is allowed in favor of the German resident. That means the rate of 10% is granted to the German taxpayer if he is similarly granted a credit against the income and corporation tax of West Germany. The clear intent of the “matching credit” is to soften the impact of double taxation by different jurisdictions.
The RP-US Tax Treaty contains no similar “matching credit” as that provided under the RP-West Germany Tax Treaty. Hence, the tax on royalties under the RP-US Tax Treaty is not paid under similar circumstances as those obtaining in the RP-West Germany Tax Treaty. Therefore, the “most favored nation” clause in the RP-West Germany Tax Treaty cannot be availed of in interpreting the provisions of the RP-US Tax Treaty.
Since the RP-US Tax Treaty does not give a matching tax credit of 20 percent for the taxes paid to the Philippines on royalties as allowed under the RP-West Germany Tax Treaty, private respondent cannot be deemed entitled to the 10 percent rate granted under the latter treaty for the reason that there is no payment of taxes on royalties under similar circumstances.

Posted in 1 on February 9, 2009 by llb7

FALLACIES

The Internet Encyclopedia of Philosophy

Fallacies
A fallacy is a kind of error in reasoning. The alphabetical list below contains 177 names of the most common fallacies, and it provides explanations and examples of each of them. Fallacies should not be persuasive, but they often are. Fallacies may be created unintentionally, or they may be created intentionally in order to deceive other people. The vast majority of the commonly identified fallacies involve arguments, although some involve explanations, or definitions, or other products of reasoning. Sometimes the term “fallacy” is used even more broadly to indicate any false belief or cause of a false belief. The list below includes some fallacies of these sorts, but most are fallacies that involve kinds of errors made while arguing informally in natural language.The discussion that precedes the list begins with an account of the ways in which the term “fallacy” is vague.  Attention then turns to the number of competing and overlapping ways to classify fallacies of argumentation.  For pedagogical purposes, researchers in the field of fallacies disagree about the following topics: which name of a fallacy is more helpful to students’ understanding; whether some fallacies should be de-emphasized in favor of others; and which is the best taxonomy of the fallacies.  Researchers in the field are also deeply divided about how to define the term “fallacy” itself, how to define certain fallacies, and whether any general theory of fallacies at all should be pursued if that theory’s goal is to provide necessary and sufficient conditions for distinguishing between fallacious and non-fallacious reasoning generally. Analogously, there is doubt in the field of ethics regarding whether researchers should pursue the goal of providing necessary and sufficient conditions for distinguishing moral actions from immoral ones.


Table of Contents (Clicking on the links below will take you to those parts of this article)


1. IntroductionThe first known systematic study of fallacies was due to Aristotle in his De Sophisticis Elenchis (Sophistical Refutations), an appendix to the Topics. He listed thirteen types. After the Dark Ages, fallacies were again studied systematically in Medieval Europe.  This is why so many fallacies have Latin names. The third major period of study of the fallacies began in the later twentieth century due to renewed interest from the disciplines of philosophy, logic, communication studies, rhetoric, psychology, and artificial intelligence.

The more frequent the error within public discussion and debate the more likely it is to have a name. That is one reason why there is no specific name for the fallacy of subtracting five from thirteen and concluding that the answer is seven, though the error is common among elementary school children.

The term “fallacy” is not a precise term. One reason is that it is ambiguous. It can refer either to (a) a kind of error in an argument, (b) a kind of error in reasoning (including arguments, definitions, explanations, and so forth), (c) a false belief, or (d) the cause of any of the previous errors including what are normally referred to as “rhetorical techniques”. Philosophers who are researchers in fallacy theory prefer to emphasize (a), but their lead is often not followed in textbooks and public discussion.

Regarding (d), ill health, being a bigot, being hungry, being stupid, and being hypercritical of our enemies are all sources of error in reasoning, so they could qualify as fallacies of kind (d), but they are not included in the list below. On the other hand, wishful thinking, stereotyping, being superstitious, rationalizing, and having a poor sense of proportion are sources of error and are included in the list below, though they wouldn’t be included in a list devoted only to faulty arguments. Thus there is a certain arbitrariness to what appears in lists such as this. What have been left off the list below are the following persuasive techniques commonly used to influence others and to cause errors in reasoning: apple polishing, exaggerating, inappropriately assigning of the burden of proof, promising a proof without producing it, using propaganda techniques, ridiculing, being sarcastic, selecting terms with strong negative or positive associations, using innuendo, and weasling. All of the techniques are worth knowing about if one wants to avoid the fallacies.

In describing the fallacies below, the custom is followed of not distinguishing between a reasoner committing a fallacy and the reasoning itself committing the fallacy, though it would be more accurate to say that a reasoner commits the fallacy and the reasoning contains the fallacy.

In the list below, the examples are very short. If they were long, the article would be too long. Nevertheless real arguments are often embedded within a very long discussion. Richard Whately, one of the greatest of the 19th century researchers into informal logic, wisely said, “A very long discussion is one of the most effective veils of Fallacy; …a Fallacy, which when stated barely…would not deceive a child, may deceive half the world if diluted in a quarto volume.”

2. Taxonomy of Fallacies

There are a number of competing and overlapping ways to classify fallacies of argumentation. For example, they can be classified as either formal or informal. A formal fallacy can be detected by examining the logical form of the reasoning, whereas an informal fallacy depends upon the content of the reasoning and possibly the purpose of the reasoning. The list below contains very few formal fallacies. Fallacious arguments also can be classified as deductive or inductive, depending upon whether the fallacious argument is most properly assessed by deductive standards or instead by inductive standards. Deductive standards demand deductive validity, but inductive standards require inductive strength such as making the conclusion more likely.  Fallacies can be divided into categories according to the psychological factors that lead people to commit them, and they can also be divided into categories according to the epistemological or logical factors that cause the error.  In the latter division there are three categories: (1) the reasoning is invalid but is presented as if it were a valid argument, or else it is inductively much weaker than it is presented as being, (2) the argument has an unjustified premise, or (3) some relevant evidence has been ignored or suppressed.  Regarding (2), a premise can be justified or warranted at a time even if we later learn that the premise was false, and it can be justified if we are reasoning about what would have happened even when we know it didn’t happen.

Similar fallacies are often grouped together under a common name intended to bring out how the fallacies are similar. Here are three examples.  Fallacies of relevance include fallacies that occur due to reliance on an irrelevant reason. In addition, ad hominem, appeal to pity, and affirming the consequent are some other fallacies of relevance. Accent, amphiboly and equivocation are examples of fallacies of ambiguity. The fallacies of illegitimate presumption include begging the question, false dilemma, no true Scotsman, complex question and suppressed evidence.  Notice how these categories don’t fall neatly into just one of the categories (1), (2), and (3) above.

3. Pedagogy

For pedagogical purposes, researchers in the field of fallacies disagree about the following topics: which name of a fallacy is more helpful to students’ understanding; whether some fallacies should be de-emphasized in favor of others; and which is the best taxonomy of the fallacies. Fallacy theory is criticized by some teachers of informal reasoning for its emphasis on poor reasoning rather than good. Do colleges teach the Calculus by emphasizing all the ways one can make mathematical mistakes? The critics want more emphasis on the forms of good arguments and on the implicit rules that govern proper discussion designed to resolve a difference of opinion.  But there has been little systematic study of which emphasis is more successful.

4. What is a fallacy?

Researchers disagree about how to define the very term “fallacy”. Focusing just on fallacies in sense (a) above, namely fallacies of argumentation, some researchers define a fallacy as an argument that is deductively invalid or that has very little inductive strength. Because examples of false dilemma, inconsistent premises, and begging the question are valid arguments in this sense, this definition misses some standard fallacies. Other researchers say a fallacy is a mistake in an argument that arises from something other than merely false premises.  But the false dilemma fallacy is due to false premises.  Still other researchers define a fallacy as an argument that is not good. Good arguments are then defined as those that are deductively valid or inductively strong, and that contain only true, well-established premises, but are not question-begging. A complaint with this definition is that its requirement of truth would improperly lead to calling too much scientific reasoning fallacious; every time a new scientific discovery caused scientists to label a previously well-established claim as false, all the scientists who used that claim as a premise would become fallacious reasoners. This consequence of the definition is acceptable to some researchers but not to others. Because informal reasoning regularly deals with hypothetical reasoning and with premises for which there is great disagreement about whether they are true or false, many researchers would relax the requirement that every premise must be true. One widely accepted definition defines a fallacious argument as one that either is deductively invalid or is inductively very weak or contains an unjustified premise or that ignores relevant evidence that is available and that should be known by the arguer. Finally, yet another theory of fallacy says a fallacy is a failure to provide adequate proof for a belief, the failure being disguised to make the proof look adequate.

Other researchers recommend characterizing a fallacy as a violation of the norms of good reasoning, the rules of critical discussion, dispute resolution, and adequate communication. The difficulty with this approach is that there is so much disagreement about how to characterize these norms.

In addition, all the above definitions are often augmented with some remark to the effect that the fallacies are likely to persuade many reasoners. It is notoriously difficult to be very precise about this vague and subjective notion of being likely to persuade, and some researchers in fallacy theory have therefore recommended dropping the notion in favor of “can be used to persuade.”

Some researchers complain that all the above definitions of fallacy are too broad and do not distinguish between mere blunders and actual fallacies, the more serious errors.

Researchers in the field are deeply divided, not only about how to define the term “fallacy” and how to define some of the individual fallacies, but also about whether any general theory of fallacies at all should be pursued if that theory’s goal is to provide necessary and sufficient conditions for distinguishing between fallacious and non-fallacious reasoning generally. Analogously, there is doubt in the field of ethics whether researchers should pursue the goal of providing necessary and sufficient conditions for distinguishing moral actions from immoral ones.

5. Other Controversies

In the field of rhetoric, the primary goal is to persuade the audience. The audience is not going to be persuaded by an otherwise good argument with true premises unless they believe those premises are true. Philosophers tend to de-emphasize this difference between rhetoric and informal logic, and they concentrate on arguments that should fail to convince the ideally rational reasoner rather than on arguments that are likely not to convince audiences who hold certain background beliefs.

Advertising in magazines and on television is designed to achieve visual persuasion. And a hug or the fanning of fumes from freshly baked donuts out onto the sidewalk are occasionally used for visceral persuasion. There is some controversy among researchers in informal logic as to whether the reasoning involved in this nonverbal persuasion can always be assessed properly by the same standards that are used for verbal reasoning.

6. Partial List of Fallacies

Consulting the list below will give a general idea of the kind of error involved in passages to which the fallacy name is applied. However, simply applying the fallacy name to a passage cannot substitute for a detailed examination of the passage and its context or circumstances because there are many instances of reasoning to which a fallacy name might seem to apply, yet, on further examination, it is found that in these circumstances the reasoning is really not fallacious.

Abusive Ad Hominem

See Ad Hominem.

Accent

The accent fallacy is a fallacy of ambiguity due to the different ways a word is emphasized or accented.
Example:

A member of Congress is asked by a reporter if she is in favor of the President’s new missile defense system, and she responds, “I’m in favor of a missile defense system that effectively defends America.”

With an emphasis on the word “favor”, this remark is likely to favor the President’s missile defense system. With an emphasis, instead, on the words “effectively defends”, this remark is likely to be against the President’s missile defense system. Aristotle’s fallacy of accent allowed only a shift in which syllable is accented within a word.
Accident

We often arrive at a generalization but don’t or can’t list all the exceptions. When we reason with the generalization as if it has no exceptions, we commit the fallacy of accident. This fallacy is sometimes called the fallacy of sweeping generalization.
Example:

People should keep their promises, right? I loaned Dwayne my knife, and he said he’d return it. Now he is refusing to give it back, but I need it right now to slash up my neighbors’ families. Dwayne isn’t doing right by me.

People should keep their promises, but there are exceptions as in this case of the psychopath who wants Dwayne to keep his promise to return the knife.
Ad Baculum

See Scare Tactic and Appeal to Emotions (Fear).

Ad Consequentiam

See Appeal to Consequence.

Ad Crumenum

See Appeal to Money.

Ad Hoc Rescue

Psychologically, it is understandable that you would try to rescue a cherished belief from trouble. When faced with conflicting data, you are likely to mention how the conflict will disappear if some new assumption is taken into account. However, if there is no good reason to accept this saving assumption other than that it works to save your cherished belief, your rescue is an ad hoc rescue.
Example:

Yolanda: If you take four of these tablets of vitamin C every day, you will never get a cold.
Juanita: I tried that last year for several months, and still got a cold.
Yolanda: Did you take the tablets every day?
Juanita: Yes.
Yolanda: Well, I’ll bet you bought some bad tablets.

The burden of proof is definitely on Yolanda’s shoulders to prove that Juanita’s vitamin C tablets were probably “bad” — that is, not really vitamin C. If Yolanda can’t do so, her attempt to rescue her hypothesis (that vitamin C prevents colds) is simply a dogmatic refusal to face up to the possibility of being wrong.
Ad Hominem

You commit this fallacy if you make an irrelevant attack on the arguer and suggest that this attack undermines the argument itself. It is a form of the Genetic Fallacy.
Example:

What she says about Johannes Kepler’s astronomy of the 1600′s must be just so much garbage. Do you realize she’s only fourteen years old?

This attack may undermine the arguer’s credibility as a scientific authority, but it does not undermine her reasoning. That reasoning should stand or fall on the scientific evidence, not on the arguer’s age or anything else about her personally.If the fallacious reasoner points out irrelevant circumstances that the reasoner is in, the fallacy is a circumstantial ad hominem. Tu Quoque and Two Wrongs Make a Right are other types of the ad hominem fallacy.

The major difficulty with labeling a piece of reasoning as an ad hominem fallacy is deciding whether the personal attack is relevant. For example, attacks on a person for their actually immoral sexual conduct are irrelevant to the quality of their mathematical reasoning, but they are relevant to arguments promoting the person for a leadership position in the church. Unfortunately, many attacks are not so easy to classify, such as an attack pointing out that the candidate for church leadership, while in the tenth grade, intentionally tripped a fellow student and broke his collar bone.

Ad Ignorantiam

See Appeal to Ignorance.

Ad Misericordiam

See Appeal to Emotions.

Ad Novitatem

See Bandwagon.

Ad Numerum

See Appeal to the People.

Ad Populum

See Appeal to the People.

Ad Verecundiam

See Appeal to Authority.

Affirming the Consequent

If you have enough evidence to affirm the consequent of a conditional and then suppose that as a result you have sufficient reason for affirming the antecedent, you commit the fallacy of affirming the consequent. This formal fallacy is often mistaken for modus ponens, which is a valid form of reasoning also using a conditional. A conditional is an if-then statement; the if-part is the antecedent, and the then-part is the consequent. The following argument affirms the consequent that she does speaks Portuguese.
Example:

If she’s Brazilian, then she speaks Portuguese. Hey, she does speak Portuguese. So, she is Brazilian.

If the arguer believes or suggests that the premises definitely establish that she is Brazilian, then the arguer is committing the fallacy. See the non sequitur fallacy for more discussion of this point.Against the Person

See Ad Hominem.

Amphiboly

This is an error due to taking a grammatically ambiguous phrase in two different ways during the reasoning.
Example:

In a cartoon, two elephants are driving their car down the road in India. They say, “We’ve better not get out here,” as they pass a sign saying:

ELEPHANTS
PLEASE STAY IN YOUR CAR

Upon one grammatical construction of the sign, the pronoun “YOUR” refers to the elephants in the car, but on another construction it refers to those humans who are driving cars in the vicinity. Unlike equivocation, which is due to multiple meanings of a phrase, amphiboly is due to syntactic ambiguity, ambiguity caused by alternative ways of taking the grammar.Anecdotal Evidence

If you discount evidence arrived at by systematic search or by testing in favor of a few firsthand stories, you are committing the fallacy of overemphasizing anecdotal evidence.
Example:

Yeah, I’ve read the health warnings on those cigarette packs and I know about all that health research, but my brother smokes, and he says he’s never been sick a day in his life, so I know smoking can’t really hurt you.

Anthropomorphism

This is the error of projecting uniquely human qualities onto something that isn’t human. Usually this occurs with projecting the human qualities onto animals, but when it is done to nonliving things, as in calling the storm cruel, the pathetic fallacy is created. There is also, but less commonly, called the Disney Fallacy or the Walt Disney Fallacy.
Example:

My dog is wagging his tail and running around me. Therefore, he knows that I love him.

The fallacy would be averted if the speaker had said “My dog is wagging his tail and running around me. Therefore, he is happy to see me.” Animals are likely to have some human emotions, but not the ability to ascribe knowledge to other beings. Your dog knows where it buried its bone, but not that you also know where the bone is.Appeal to Authority

You appeal to authority if you back up your reasoning by saying that it is supported by what some authority says on the subject. Most reasoning of this kind is not fallacious. However, it is fallacious whenever the authority appealed to is not really an authority in this subject, when the authority cannot be trusted to tell the truth, when authorities disagree on this subject (except for the occasional lone wolf), when the reasoner misquotes the authority, and so forth. Although spotting a fallacious appeal to authority often requires some background knowledge about the subject or the authority, in brief it can be said that it is fallacious to accept the word of a supposed authority when we should be suspicious.
Example:

You can believe the moon is covered with dust because the president of our neighborhood association said so, and he should know.

This is a fallacious appeal to authority because, although the president is an authority on many neighborhood matters, he is no authority on the composition of the moon. It would be better to appeal to some astronomer or geologist. If you place too much trust in expert opinion and overlook any possibility that experts talking in their own field of expertise make mistakes, too, then you also commit the fallacy of appeal to authority.
Example:

Of course she’s guilty of the crime. The police arrested her, didn’t they? And they’re experts when it comes to crime.

Appeal to Consequence

Arguing that a belief is false because it implies something you’d rather not believe. Also called Argumentum Ad Consequentiam.
Example:

That can’t be Senator Smith there in the videotape going into her apartment. If it were, he’d be a liar about not knowing her. He’s not the kind of man who would lie. He’s a member of my congregation.

Smith may or may not be the person in that videotape, but this kind of arguing should not convince us that it’s someone else in the videotape.
Appeal to Emotions

You commit the fallacy of appeal to emotions when someone’s appeal to you to accept their claim is accepted merely because the appeal arouses your feelings of anger, fear, grief, love, outrage, pity, pride, sexuality, sympathy, relief, and so forth. Example of appeal to relief from grief:

[The speaker knows he is talking to an aggrieved person whose house is worth much more than $100,000.] You had a great job and didn’t deserve to lose it. I wish I could help somehow. I do have one idea. Now your family needs financial security even more. You need cash. I can help you. Here is a check for $100,000. Just sign this standard sales agreement, and we can skip the realtors and all the headaches they would create at this critical time in your life.

There is nothing wrong with using emotions when you argue, but it’s a mistake to use emotions as the key premises or as tools to downplay relevant information.  Regarding the fallacy of appeal to pity, it is proper to pity people who have had misfortunes, but if as the person’s history instructor you accept Max’s claim that he earned an A on the history quiz because he broke his wrist while playing in your college’s last basketball game, then you’ve committed the fallacy of appeal to pity. However, if you realize he didn’t earn the A, but nevertheless you still give him an A, then you have not committed the fallacy, but you may have acted improperly.
Appeal to Force

See Scare Tactic.

Appeal to Ignorance

The fallacy of appeal to ignorance comes in two forms: (1) Not knowing that a certain statement is true is taken to be a proof that it is false. (2) Not knowing that a statement is false is taken to be a proof that it is true. The fallacy occurs in cases where absence of evidence is not good enough evidence of absence. The fallacy uses an unjustified attempt to shift the burden of proof. The fallacy is also called “Argument from Ignorance.”
Example:

Nobody has ever proved to me there’s a God, so I know there is no God.

This kind of reasoning is generally fallacious. It would be proper reasoning only if the proof attempts were quite thorough, and it were the case that if God did exist, then there would be a discoverable proof of this.Appeal to the Masses

See Appeal to the People.

Appeal to Money

The fallacy of appeal to money uses the error of supposing that, if something costs a great deal of money, then it must be better, or supposing that if someone has a great deal of money, then they’re a better person in some way unrelated to having a great deal of money. Similarly it’s a mistake to suppose that if something is cheap it must be of inferior quality, or to suppose that if someone is poor financially then they’re poor at something unrelated to having money.
Example:

He’s rich, so he should be the president of our Parents and Teachers Organization.

Appeal to the People

If you suggest too strongly that someone’s claim or argument is correct simply because it’s what most everyone believes, then you’ve committed the fallacy of appeal to the people. Similarly, if you suggest too strongly that someone’s claim or argument is mistaken simply because it’s not what most everyone believes, then you’ve also committed the fallacy. Agreement with popular opinion is not necessarily a reliable sign of truth, and deviation from popular opinion is not necessarily a reliable sign of error, but if you assume it is and do so with enthusiasm, then you’re guilty of committing this fallacy. It is also called mob appeal, appeal to the gallery, argument from popularity, and argumentum ad populum. The ‘too strongly’ is important in the description of the fallacy because what most everyone believes is, for that reason, somewhat likely to be true, all things considered. However, the fallacy occurs when this degree of support is overestimated.
Example:

You should turn to channel 6. It’s the most watched channel this year.

This is fallacious because of its implicitly accepting the questionable premise that the most watched channel this year is, for that reason alone, the best channel for you.
Appeal to Pity

See Appeal to Emotions.

Appeal to Snobbery

See Appeal to Emotions.

Appeal to Unqualified Authority

See Appeal to Authority.

Appeal to Vanity

See Appeal to Emotions.

Argument from Outrage

See Appeal to Emotions.

Argument from Popularity

See Appeal to the People.

Argumentum Ad ….

See Ad …. without the word “Argumentum.”

Avoiding the Issue

A reasoner who is supposed to address an issue but instead goes off on a tangent has committed the fallacy of avoiding the issue. Also called missing the point, straying off the subject, digressing, and not sticking to the issue.
Example:

A city official is charged with corruption for awarding contracts to his wife’s consulting firm. In speaking to a reporter about why he is innocent, the city official talks only about his wife’s conservative wardrobe, the family’s lovable dog, and his own accomplishments in supporting Little League baseball.

However, the fallacy isn’t committed by a reasoner who says that some other issue must first be settled and then continues by talking about this other issue, provided the reasoner is correct in claiming this dependence of one issue on the other.
Avoiding the Question

The fallacy of avoiding the question is a type of fallacy of avoiding the issue that occurs when the issue is how to answer some question. The fallacy is committed when someone’s answer doesn’t really respond to the question asked.
Example:

Question: Would the Oakland Athletics be in first place if they were to win tomorrow’s game?Answer: What makes you think they’ll ever win tomorrow’s game?

Bald Man

See Line-Drawing.

Bandwagon

If you suggest that someone’s claim is correct simply because it’s what most everyone is coming to believe, then you’re committing the bandwagon fallacy. Get up here with us on the wagon where the band is playing, and go where we go, and don’t think too much about the reasons. The Latin term for this fallacy of appeal to novelty is Argumentum ad Novitatem.
Example:

[Advertisement] More and more people are buying sports utility vehicles. Isn’t it time you bought one, too? [You commit the fallacy if you buy the vehicle solely because of this advertisement.]

Like its close cousin, the fallacy of appeal to the people, the bandwagon fallacy needs to be carefully distinguished from properly defending a claim by pointing out that many people have studied the claim and have come to a reasoned conclusion that it is correct. What most everyone believes is likely to be true, all things considered, and if one defends a claim on those grounds, this is not a fallacious inference. What is fallacious is to be swept up by the excitement of a new idea or new fad and to unquestionably give it too high a degree of your belief solely on the grounds of its new popularity, perhaps thinking simply that ‘new is better.’
Begging the Question

A form of circular reasoning in which a conclusion is derived from premises that presuppose the conclusion. Normally, the point of good reasoning is to start out at one place and end up somewhere new, namely having reached the goal of increasing the degree of reasonable belief in the conclusion. The point is to make progress, but in cases of begging the question there is no progress.
Example:

“Women have rights,” said the Bullfighters Association president. “But women shouldn’t fight bulls because a bullfighter is and should be a man.”

The president is saying basically that women shouldn’t fight bulls because women shouldn’t fight bulls. This reasoning isn’t making an progress toward determining whether women should fight bulls.Insofar as the conclusion of a deductively valid argument is “contained” in the premises from which it is deduced, this containing might seem to be a case of presupposing, and thus any deductively valid argument might seem to be begging the question. It is still an open question among logicians as to why some deductively valid arguments are considered to be begging the question and others are not. Some logicians suggest that, in informal reasoning with a deductively valid argument, if the conclusion is psychologically new insofar as the premises are concerned, then the argument isn’t an example of the fallacy. Other logicians suggest that we need to look instead to surrounding circumstances, not to the psychology of the reasoner, in order to assess the quality of the argument. For example, we need to look to the reasons that the reasoner used to accept the premises. Was the premise justified on the basis of accepting the conclusion? A third group of logicians say that, in deciding whether the fallacy is committed, we need more. We must determine whether any premise that is key to deducing the conclusion is adopted rather blindly or instead is a reasonable assumption made by someone accepting their burden of proof. The premise would here be termed reasonable if the arguer could defend it independently of accepting the conclusion that is at issue.

Biased Sample

See Unrepresentative Sample.

Biased Statistics

See Unrepresentative Sample.
Bifurcation

See Black-or-White.

Black-or-White

The black-or-white fallacy is a false dilemma fallacy that unfairly limits you to only two choices.
Example:

Well, it’s time for a decision. Will you contribute $10 to our environmental fund, or are you on the side of environmental destruction?

A proper challenge to this fallacy could be to say, “I do want to prevent the destruction of our environment, but I don’t want to give $10 to your fund. You are placing me between a rock and a hard place.” The key to diagnosing the black-or-white fallacy is to determine whether the limited menu is fair or unfair. Simply saying, “Will you contribute $10 or won’t you?” is not unfair.
Cherry-Picking the Evidence

This is another name for the Fallacy of Suppressed Evidence.

Circular Reasoning

Circular reasoning occurs when the reasoner begins with what he or she is trying to end up with. The most well known examples are cases of the fallacy of begging the question. However, if the circle is very much larger, including a wide variety of claims and a large set of related concepts, then the circular reasoning can be informative and so is not considered to be fallacious. For example, a dictionary contains a large circle of definitions that use words which are defined in terms of other words that are also defined in the dictionary. Because the dictionary is so informative, it is not considered as a whole to be fallacious. However, a small circle of definitions is considered to be fallacious.
Example:

Definition: A couch is a sofa.
Definition: A sofa is a davenport.
Definition: A davenport is a couch.

In properly constructed recursive definitions, defining a term by using that term is not fallacious. For example, here is a recursive definition of “a stack of coins.” Basis step: Two coins, with one on top of the other, is a stack of coins. Recursion step: If p is a stack of coins, then adding a coin on top of p produces a stack of coins. For additional difficulties in deciding whether an argument is deficient because it is circular, see Begging the Question.
Circumstantial Ad Hominem

See Ad Hominem.

Clouding the Issue

See Smokescreen.

Common Belief

See Appeal to the People and Traditional Wisdom.

Common Cause

This fallacy occurs during causal reasoning when a causal connection between two kinds of events is claimed when evidence is available indicating that both are the effect of a common cause.
Example:

Noting that the auto accident rate rises and falls with the rate of use of windshield wipers, one concludes that the use of wipers is somehow causing auto accidents.

However, it’s the rain that’s the common cause of both.
Common Practice

See Appeal to the People and Traditional Wisdom.

Complex Question

You commit this fallacy when you frame a question so that some controversial presupposition is made by the wording of the question.
Example:

[Reporter's question] Mr. President: Are you going to continue your policy of wasting taxpayer’s money on missile defense?

The question unfairly presumes the controversial claim that the policy really is a waste of money. The fallacy of complex question is a form of begging the question.
Composition

The composition fallacy occurs when someone mistakenly assumes that a characteristic of some or all the individuals in a group is also a characteristic of the group itself, the group “composed” of those members. It is the converse of the division fallacy.
Example:

Each human cell is very lightweight, so a human being composed of cells is also very lightweight.

Confirmation Bias

The tendency to look only for evidence in favor of one’s controversial hypothesis and not to look for disconfirming evidence, or to pay insufficient attention to it.  This is the most common kind of Fallacy of Selective Attention.
Example:

She loves me, and there are so many ways that she has shown it.  When we signed the divorce papers in her lawyer’s office, she wore my favorite color.  When she slapped me at the bar and called me a “handsome pig,” she used the word “handsome” when she didn’t have to.  When I called her and she said never to call her again, she first asked me how I was doing and whether my life had changed.  When I suggested that we should have children in order to keep our marriage together, she laughed.  If she can laugh with me, if she wants to know how I am doing and whether my life has changed, and if she calls me “handsome” and wears my favorite color on special occasions, then I know she really loves me.

Committing the fallacy of confirmation bias is often a sign that one has adopted some belief dogmatically and isn’t seriously setting about to confirm or disconfirm the belief.

Consensus Gentium

Fallacy of argumentum consensus gentium (argument from the consensus of the nations). See Traditional Wisdom.

Consequence

See Appeal to Consequence.

Converse Accident

If we reason by paying too much attention to exceptions to the rule, and generalize on the exceptions, we commit this fallacy. This fallacy is the converse of the accident fallacy. It is a kind of Hasty Generalization.
Example:

I’ve heard that turtles live longer than tarantulas, but the one turtle I bought lived only two days. I bought it at Dowden’s Pet Store. So, I think that turtles bought from pet stores do not live longer than tarantulas.

The original generalization is “Turtles live longer than tarantulas.” There are exceptions, such as the turtle bought from the pet store. Rather than seeing this for what it is, namely an exception, the reasoner places too much trust in this exception and generalizes on it to produce the faulty generalization that turtles bought from pet stores do not live longer than tarantulas.
Cover-up

See Suppressed Evidence.

Cum Hoc, Ergo Propter Hoc

Latin for “with this, therefore because of this.” This is a false cause fallacy that doesn’t depend on time order (as does the post hoc fallacy), but on any other chance correlation of the supposed cause being in the presence of the supposed effect.
Example:

Gypsies live near our low-yield cornfields. So, gypsies are causing the low yield.

Definist

The definist fallacy occurs when someone unfairly defines a term so that a controversial position is made easier to defend.  Same as the Persuasive Definition.
Example:

During a controversy about the truth or falsity of atheism, the fallacious reasoner says, “Let’s define ‘atheist’ as someone who doesn’t yet realize that God exists.”

Denying the Antecedent

You are committing a fallacy if you deny the antecedent of a conditional and then suppose that doing so is a sufficient reason for denying the consequent. This formal fallacy is often mistaken for modus tollens, a valid form of argument using the conditional. A conditional is an if-then statement; the if-part is the antecedent, and the then-part is the consequent.
Example:

If she were Brazilian, then she would know that Brazil’s official language is Portuguese. She isn’t Brazilian; she’s from London. So, she surely doesn’t know this about Brazil’s language.

Digression

See Avoiding the Issue.

Distraction

See Smokescreen.

Division

Merely because a group as a whole has a characteristic, it often doesn’t follow that individuals in the group have that characteristic. If you suppose that it does follow, when it doesn’t, you commit the fallacy of division. It is the converse of the composition fallacy.
Example:

Joshua’s soccer team is the best in the division because it had an undefeated season and shared the division title, so Joshua, who is their goalie, must be the best goalie in the division.

Domino

See Slippery Slope.

Double Standard

There are many situations in which you should judge two things or people by the same standard. If in one of those situations you use different standards for the two, you commit the fallacy of using a double standard.
Example:

I know we will hire any man who gets over a 70 percent on the screening test for hiring Post Office employees, but women should have to get an 80 to be hired because they often have to take care of their children.

This example is a fallacy if it can be presumed that men and women should have to meet the same standard for becoming a Post Office employee.Either/Or

See Black-or-White.

Equivocation

Equivocation is the illegitimate switching of the meaning of a term during the reasoning.
Example:

Brad is a nobody, but since nobody is perfect, Brad must be perfect, too.

The term “nobody” changes its meaning without warning in the passage.  So does the term “political jokes” in this joke: I don’t approve of political jokes. I’ve seen too many of them get elected.
Etymological

The etymological fallacy occurs whenever someone falsely assumes that the meaning of a word can be discovered from its etymology or origins.
Example:

The word “vise” comes from the Latin “that which winds”, so it means anything that winds. Since a hurricane winds around its own eye, it is a vise.

Every and All

The fallacy of every and all turns on errors due to the order or scope of the quantifiers “every” and “all” and “any.” This is a version of the scope fallacy.
Example:

Every action of ours has some final end. So, there is some common final end to all our actions.

In proposing this fallacious argument, Aristotle believed the common end is the supreme good, so he had a rather optimistic outlook on the direction of history.
Exaggeration

When we overstate or overemphasize a point that is a crucial step in a piece of reasoning, then we are guilty of the fallacy of exaggeration.  This is a kind of error called Lack of Proportion.
Example:

She’s practically admitted that she intentionally yelled at that student while on the playground in the fourth grade.  That’s assault.  Then she said nothing when the teacher asked, “Who did that?”  That’s lying, plain and simple.  Do you want to elect as secretary of this society someone who is a known liar prone to assault?  Doing so would be a disgrace to the Collie Society.

When we exaggerate in order to make a joke, though, we aren’t guilty of the fallacy.

Excluded Middle

See False Dilemma or Black-or-White.

False Analogy

When reasoning by analogy, the fallacy occurs when the analogy is irrelevant or very weak or when there is a more relevant disanalogy. See also Faulty Comparison.
Example:

The book Investing for Dummies really helped me understand my finances better. The book Chess for Dummies was written by the same author, was published by the same press, and costs about the same amount.  So, this chess book would probably help me understand my finances.

False Cause

Improperly concluding that one thing is a cause of another. The Fallacy of Non Causa Pro Causa is another name for this fallacy. Its four principal kinds are the Post Hoc Fallacy, the Fallacy of Cum Hoc, Ergo Propter Hoc, the Regression Fallacy, and the Fallacy of Reversing Causation.
Example:

My psychic adviser says to expect bad things when Mars is aligned with Jupiter. Tomorrow Mars will be aligned with Jupiter. So, if a dog were to bite me tomorrow, it would be because of the alignment of Mars with Jupiter.

False Dichotomy

See False Dilemma or Black-or-White.

False Dilemma

A reasoner who unfairly presents too few choices and then implies that a choice must be made among this short menu of choices commits the false dilemma fallacy, as does the person who accepts this faulty reasoning.
Example:

I want to go to Scotland from London. I overheard McTaggart say there are two roads to Scotland from London: the high road and the low road.  I expect the high road is dangerous because it’s through the hills. But it’s raining, so both roads are probably slippery.  I don’t like either choice, but I guess I should take the low road.

This would be fine reasoning is you were limited to only two roads, but you’ve falsely gotten yourself into a dilemma with such reasoning. There are many other ways to get to Scotland. Don’t limit yourself to these two choices. You can take other roads, or go by boat or train or airplane. Think of the unpleasant choice as a charging bull.  By demanding other choices beyond those on the unfairly limited menu, you thereby “go between the horns” of the dilemma, and are not gored.  For another example of the fallacy, see  Black-or-White.

Far-Fetched Hypothesis

This is the fallacy of offering a bizarre (far-fetched) hypothesis as the correct explanation without first ruling out more mundane explanations.
Example:

Look at that mutilated cow in the field, and see that flattened grass. Aliens must have landed in a flying saucer and savaged the cow to learn more about the beings on our planet.

Faulty Comparison

If you try to make a point about something by comparison, and if you do so by comparing it with the wrong thing, you commit the fallacy of faulty comparison or the fallacy of questionable analogy.
Example:

We gave half the members of the hiking club Durell hiking boots and the other half good-quality tennis shoes. After three months of hiking, you can see for yourself that Durell lasted longer. You, too, should use Durell when you need hiking boots.

Shouldn’t Durell hiking boots be compared with other hiking boots, not with tennis shoes?
Formal

Formal fallacies are all the cases or kinds of reasoning that fail to be deductively valid. Formal fallacies are also called logical fallacies or invalidities.
Example:

Some cats are tigers. Some tigers are animals. So, some cats are animals.

This might at first seem to be a good argument, but actually it is fallacious because it has the same logical form as the following more obviously invalid argument:

Some women are Americans.  Some Americans are men.  So, some women are men.

Nearly all the infinity of types of invalid inferences have no specific fallacy names.

Four Terms

The fallacy of four terms (quaternio terminorum) occurs when four rather than three categorical terms are used in a standard-form syllogism.
Example:

All rivers have banks. All banks have vaults. So, all rivers have vaults.

The word “banks” occurs as two distinct terms, namely river bank and financial bank, so this example also is an equivocation. Without an equivocation, the four term fallacy is trivially invalid.
Gambler’s

This fallacy occurs when the gambler falsely assumes that the history of outcomes will affect future outcomes.
Example:

I know this is a fair coin, but it has come up heads five times in a row now, so tails is due on the next toss.

The fallacious move was to conclude that the probability of the next toss coming up tails must be more than a half. The assumption that it’s a fair coin is important because, if the coin comes up heads five times in a row, one would otherwise become suspicious that it’s not a fair coin and therefore properly conclude that the probably is high that heads is more likely on the next toss.
Genetic

A critic commits the genetic fallacy if the critic attempts to discredit or support a claim or an argument because of its origin (genesis) when such an appeal to origins is irrelevant.
Example:

Whatever your reasons are for buying that DVD they’ve got to be ridiculous. You said yourself that you got the idea for buying it from last night’s fortune cookie. Cookies can’t think!

Fortune cookies are not reliable sources of information about what DVD to buy, but the reasons the person is willing to give are likely to be quite relevant and should be listened to. The speaker is committing the genetic fallacy by paying too much attention to the genesis of the idea rather than to the reasons offered for it. An ad hominem fallacy is one kind of genetic fallacy, but the genetic fallacy in our passage isn’t an ad hominem.If I learn that your plan for building the shopping center next to the Johnson estate originated with Johnson himself, who is likely to profit from the deal, then my pointing out to the planning commission the origin of the deal would be relevant in their assessing your plan. Because not all appeals to origins are irrelevant, it sometimes can be difficult to decide if the fallacy has been committed. For example, if Sigmund Freud shows that the genesis of a person’s belief in God is their desire for a strong father figure, then does it follow that their belief in God is misplaced, or does this reasoning commit the genetic fallacy?

Group Think

A reasoner commits the group think fallacy if he or she substitutes pride of membership in the group for reasons to support the group’s policy. If that’s what our group thinks, then that’s good enough for me. It’s what I think, too. “Blind” patriotism is a rather nasty version of the fallacy.
Example:

We K-Mart employees know that K-Mart brand items are better than Wall-Mart brand items because, well, they are from K-Mart, aren’t they?

Guilt by Association

Guilt by association is a version of the ad hominem fallacy in which a person is said to be guilty of error because of the group he or she associates with.
Example:

Secretary of State Dean Acheson is soft on communism as you can see by the fuzzy-headed liberals who come to his White House cocktail parties and the bleeding hearts of his Democratic Party who call for “moderation and constraint” against Soviet terror.

Has any evidence been presented here that Acheson’s actions are inappropriate in regards to communism? This sort of reasoning is an example of McCarthyism, the technique of smearing liberal Democrats that was so effectively used by the late Senator Joe McCarthy in the early 1950s. In fact, Acheson was strongly anti-communist and the architect of President Truman’s firm policy of containing Soviet power.
Hasty Conclusion

See Jumping to Conclusions.

Hasty Generalization

A hasty generalization is a fallacy of jumping to conclusions in which the conclusion is a generalization. See also Biased Statistics.
Example:

I’ve met two people in Nicaragua so far, and they were both nice to me. So, all people I will meet in Nicaragua will be nice to me.

Heap

See Line-Drawing.

Hedging

You are hedging if you refine your claim simply to avoid counterevidence and then act as if your revised claim is the same as the original.
Example:

Samantha: David is a totally selfish person.
Yvonne: I thought we was a boy scout leader. Don’t you have to give a lot of your time for that?
Samantha: Well, David’s totally selfish about what he gives money to. He won’t spend a dime on anyone else.
Yvonne: I saw him bidding on things at the high school auction fundraiser.
Samantha: Well, except for that he’s totally selfish about money.

You don’t commit the fallacy if you explicitly accept the counterevidence, admit that your original claim is incorrect, and then revise it so that it avoids that counterevidence.Hooded Man

This is an error in reasoning due to confusing the knowing of a thing with the knowing of it under all its various names or descriptions.
Example:

You claim to know Socrates, but you must be lying. You admitted you didn’t know the hooded man over there in the corner, but the hooded man is Socrates.

Ignoratio Elenchi

See Irrelevant Conclusion.

Ignoring a Common Cause

See Common Cause.

Incomplete Evidence

See Suppressed Evidence.

Inconsistency

The fallacy occurs when we accept an inconsistent set of claims, that is, when we accept a claim that logically conflicts with other claims we hold.
Example:

I’m not racist. Some of my best friends are white. But I just don’t think that white women love their babies as much as our women do.

That last remark implies the speaker is a racist, although the speaker doesn’t notice the inconsistency.

Insufficient Statistics

Drawing a statistical conclusion from a set of data that is clearly too small.
Example:

A pollster interviews ten London voters in one building about which candidate for mayor they support, and upon finding that Churchill receives support from six of the ten, declares that Churchill has the majority support of London voters.

This fallacy is a form of the Fallcy of Jumping to Conclusions.
Intensional

The mistake of treating different descriptions or names of the same object as equivalent even in those contexts in which the differences between them matter. Reporting someone’s beliefs or assertions or making claims about necessity or possibility can be such contexts. In these contexts, replacing a description with another that refers to the same object is not valid and may turn a true sentence into a false one.
Example:

Michelle said she wants to meet her new neighbor Stalnaker tonight. But I happen to know Stalnaker is a spy for North Korea, so Michelle said she wants to meet a spy for North Korea tonight.

Michelle said no such thing. The faulty reasoner illegitimately assumed that what is true of a person under one description will remain true when said of that person under a second description even in this context of indirect quotation. What was true of the person when described as “her new neighbor Stalnaker” is that Michelle said she wants to meet him, but it wasn’t legitimate for me to assume this is true of the same person when he is described as “a spy for North Korea.”Extensional contexts are those in which it is legitimate to substitute equals for equals with no worry. But any context in which this substitution of co-referring terms is illegitimate is called an intensional context. Intensional contexts are produced by quotation, modality, and intentionality (propositional attitudes). Intensionality is failure of extensionality, thus the name “intensional fallacy”.

Invalid Reasoning

An invalid inference.  An argument can be assessed by deductive standards to see if the conclusion would have to be true if the premises were to be true.  If the argument cannot meet this standard, it is invalid. An argument is invalid only if it is not an instance of any valid argument form.  The fallacy of invalid reasoning is a formal fallacy.
Example:

If it’s raining, then there are clouds in the sky. It’s not raining. Therefore, there are no clouds in the sky.

This invalid argument is an instance of denying the antecedent. Any invalid inference that is also inductively very weak is a non sequitur.
Irrelevant Conclusion

If an arguer argues for a certain conclusion while falsely believing or suggesting that a different conclusion is established, one for which the first conclusion is irrelevant, then the arguer commits the fallacy of irrelevant conclusion.
Example:

In court, Thompson testifies that the defendant is a honorable person, who wouldn’t harm a flea. The defense attorney rises to say that Thompson’s testimony shows his client was not near the murder scene.

The testimony of Thompson may be relevant to a request for leniency, but it is irrelevant to any claim about the defendant not being near the murder scene.
Irrelevant Reason

This fallacy is a kind of non sequitur in which the premises are wholly irrelevant to drawing the conclusion.
Example:

Lao Tze Beer is the top selling beer in Thailand. So, it will be the best beer for Canadians.

Is-Ought

The is-ought fallacy occurs when a conclusion expressing what ought to be so is inferred from premises expressing only what is so, in which it is supposed that no implicit or explicit ought-premises are need. There is controversy in the philosophical literature regarding whether this type of inference is always fallacious.
Example:

He’s torturing the cat.
So, he shouldn’t do that.

This argument clearly would not commit the fallacy if there were an implicit premise indicating that he is a person and persons shouldn’t torture other beings.
Jumping to Conclusions

When we draw a conclusion without taking the trouble to acquire all the relevant evidence, we commit the fallacy of jumping to conclusions, provided there was sufficient time to assess that extra evidence, and that the effort to get the evidence isn’t prohibitive.
Example:

This car is really cheap. I’ll buy it.

Hold on. Before concluding that you should buy it, you ought to have someone check its operating condition, or else you should make sure you get a guarantee about the car’s being in working order. And, if you stop to think about it, there may be other factors you should consider before making the purchase. Are size or appearance or gas mileage relevant?
Lack of Proportion

Either exaggerating or downplaying a point that is a crucial step in a piece of reasoning is an example of the Fallacy of Lack of Proportion.  It’s a mistake of not adopting the proper perspective.  An extreme form of downplaying occurs in the Fallacy of Suppressed Evidence.
Example:

Chandra just overheard the terrorists say that they are about to plant the bomb in the basement of the courthouse, after which they’ll drive to the airport and get away.  But they won’t be taking along their cat.  The poor cat.  The first thing that Chandra and I should do is to call the Humane Society and check the “Cat Wanted” section of the local newspapers to see if we can find a proper home for the cat.

Line-Drawing

If we improperly reject a vague claim because it’s not as precise as we’d like, then we commit the line-drawing fallacy. Being vague is not being hopelessly vague. Also called the Bald Man Fallacy, the Fallacy of the Heap and the Sorites Fallacy.
Example:

Dwayne can never grow bald. Dwayne isn’t bald now. Don’t you agree that if he loses one hair, that won’t make him go from not bald to bald? And if he loses one hair after that, then this one loss, too, won’t make him go from not bald to bald. Therefore, no matter how much hair he loses, he can’t become bald.

Loaded Language

Loaded language is emotive terminology that expresses value judgments. When used in what appears to be an objective description, the terminology unfortunately can cause the listener to adopt those values when in fact no good reason has been given for doing so. Also called Prejudicial Language.
Example:

[News broadcast] In today’s top stories, Senator Smith carelessly cast the deciding vote today to pass both the budget bill and the trailer bill to fund yet another excessive watchdog committee over coastal development.

This broadcast is an editorial posing as a news report.
Logical

See Formal.

Lying

A fallacy of reasoning that depends on intentionally saying something that is known to be false. If the lying occurs in an argument’s premise, then it is an example of the fallacy of questionable premise.
Example:

Abraham Lincoln, Theodore Roosevelt, and John Kennedy were assassinated.
They were U.S. presidents.
Therefore, at least three U.S. presidents have been assassinated.

Roosevelt was never assassinated.
Maldistributed Middle

See Undistributed Middle.

Many Questions

See Complex Question.

Misconditionalization

See Modal Fallacy.

Misleading Vividness

When the fallacy of jumping to conclusions is committed due to a special emphasis on an anecdote or other piece of evidence, then the fallacy of misleading vividness has occurred.
Example:

Yes, I read the side of the cigarette pack about smoking being harmful to your health. That’s the Surgeon General’s opinion, him and all his statistics. But let me tell you about my uncle. Uncle Harry has smoked cigarettes for forty years now and he’s never been sick a day in his life. He even won a ski race at Lake Tahoe in his age group last year. You should have seen him zip down the mountain. He smoked a cigarette during the award ceremony, and he had a broad smile on his face. I was really proud. I can still remember the cheering. Cigarette smoking can’t be as harmful as people say.

The vivid anecdote is the story about Uncle Harry. Too much emphasis is placed on it and not enough on the statistics from the Surgeon General.
Misplaced Concreteness

Mistakenly supposing that something is a concrete object with independent existence, when it’s not.
Example:

There are two footballs lying on the floor of an otherwise empty room. When asked to count all the objects in the room, John says there are three: the two balls plus the group of two.

John mistakenly supposed a group or set of concrete objects is also a concrete object.

Misrepresentation

If the misrepresentation occurs on purpose, then it is an example of lying. If the misrepresentation occurs during a debate in which there is misrepresentation of the opponent’s claim, then it would be the cause of a straw man fallacy.

Missing the Point

See Irrelevant Conclusion.

Modal

This is the error of treating modal conditionals as if the modality applies only to the consequent of the conditional. “The” modal fallacy is the most well known of the infinitely many errors involving modal concepts, concepts such as necessity, possibility and so forth. A conditional is an if-then proposition. The consequent is the then-part, and the antecedent is the if-part.
Example:

If a proposition is true, then it can not be false. But if a proposition can not be false, then it is not only true but necessarily true. Therefore, if a proposition is true, then it’s necessarily true.

The acceptable interpretation of the first premise, requires the modality to apply to the entire conditional in the sense that it really means “It’s not possible that if a proposition is true, then it’s false.” However, the entire inference works only if the first premise is miscontrued as saying “If a proposition is true, then it is necessary that it’s not false.”To see that the misconstrual is unacceptable, pick a proposition such as “It’s raining in Detroit.” Let’s suppose it actually is raining in Detroit. So, the antecedent of the misconstrual is true, but the consequent isn’t, because it says “It is necessary that ‘it’s raining in Detroit’ is not false.” This isn’t necessary, is it?

Monte Carlo

See Gambler’s Fallacy.

Name Calling

See Ad Hominem.

Naturalistic

On a broad interpretation of the fallacy, it is said to apply to any attempt to argue from an “is” to an “ought,” that is, to argue directly from a list of facts to a claim about what ought to be done.
Example:

Owners of financially successful companies are more successful than poor people in the competition for wealth, power and social status. Therefore, these owners are morally better than poor people, and the poor deserve to be poor.

The fallacy would also occur if one argued from the natural to the moral as follows: since women are naturally capable of bearing and nursing children, they ought to be the primary caregivers of children. There is considerable disagreement among philosophers regarding what sorts of arguments the term “Naturalistic Fallacy” applies to, and even whether it is a fallacy at all.

Neglecting a Common Cause

See Common Cause.

No Middle Ground

See False Dilemma.

No True Scotsman

This error is a kind of ad hoc rescue of one’s generalization in which the reasoner re-characterizes the situation solely in order to escape refutation of the generalization.
Example:

Smith: All Scotsmen are loyal and brave. Jones: But McDougal over there is a Scotsman, and he was arrested by his commanding officer for running from the enemy.

Smith: Well, if that’s right, it just shows that McDougal wasn’t a TRUE Scotsman.

Non Causa Pro Causa

This label is Latin for mistaking the “non-cause for the cause.” See False Cause.

Non Sequitur

When a conclusion is supported only by extremely weak reasons or by irrelevant reasons, the argument is fallacious and is said to be a non sequitur. However, we usually apply the term only when we cannot think of how to label the argument with a more specific fallacy name. Any deductively invalid inference is a non sequitur if it also very weak when assessed by inductive standards.
Example:

Nuclear disarmament is a risk, but everything in life involves a risk. Every time you drive in a car you are taking a risk. If you’re willing to drive in a car, you should be willing to have disarmament.

The following is not an example: “If she committed the murder, then there’d be his blood stains on her hands. His blood stains are on her hands. So, she committed the murder.” This deductively invalid argument commits the fallacy of affirming the consequent, but it isn’t a non sequitur because it has significant inductive strength.

One-Sidedness

See Slanting and Suppressed Evidence.

Oversimplification

You oversimplify when you cover up relevant complexities or make a complicated problem appear to be too much simpler than it really is.
Example:

President Bush wants our country to trade with Fidel Castro’s Communist Cuba. I say there should be a trade embargo against Cuba. The issue in our election is Cuban trade, and if you are against it, then you should vote for me for president.

Whom to vote for should be decided by considering quite a number of issues in addition to Cuban trade. When an oversimplification results in falsely implying that a minor causal factor is the major one, then the reasoning also commits the false cause fallacy.
Past Practice

See Traditional Wisdom.

Pathetic

The pathetic fallacy is a mistaken belief due to attributing peculiarly human qualities to inanimate objects (but not to animals). The fallacy is caused by anthropomorphism.
Example:

Aargh, it won’t start again. This old car always breaks down on days when I have a job interview. It must be afraid that if I get a new job, then I’ll be able to afford a replacement, so it doesn’t want me to get to my interview on time.

Persuasive Definition

Some people try to win their arguments by getting you to accept their faulty definition.  If you buy into their definition, they’ve practically persuaded you already.   Same as the Definist Fallacy.  Poisoning the Well when presenting a definition would be an example of a using persuasive definition.
Example:

Let’s define a Democrat as a leftist who desires to overtax the corporations and abolish freedom in the economic sphere.

Perfectionist

If you remark that a proposal or claim should be rejected solely because it doesn’t solve the problem perfectly, in cases where perfection isn’t really required, then you’ve committed the perfectionist fallacy.
Example:

You said hiring a house cleaner would solve our cleaning problems because we both have full-time jobs. Now, look what happened. Every week she unplugs the toaster oven and leaves it that way. I should never have listened to you about hiring a house cleaner.

Petitio Principii

See Begging the Question.

Poisoning the Well

Poisoning the well is a preemptive attack on a person in order to discredit their testimony or argument in advance of their giving it. A person who thereby becomes unreceptive to the testimony reasons fallaciously and has become a victim of the poisoner. This is a kind of ad hominem.
Example:

[Prosecuting attorney in court] When is the defense attorney planning to call that twice-convicted child molester, David Barnington, to the stand? OK, I’ll rephrase that. When is the defense attorney planning to call David Barnington to the stand?

Post Hoc

Suppose we notice that an event of kind A is followed in time by an event of kind B, and then hastily leap to the conclusion that A caused B. If so, we commit the post hoc fallacy. Correlations are often good evidence of causal connection, so the fallacy occurs only when the leap to the causal conclusion is done “hastily.” The Latin term for the fallacy is post hoc, ergo propter hoc (“After this, therefore because of this”). It is a kind of false cause fallacy.
Example:

I ate in that Ethiopian restaurant three days ago and now I’ve just gotten food poisoning. The only other time I’ve eaten in an Ethiopian restaurant I also got food poisoning, but that time I got sick a week later. My eating in those kinds of restaurants is causing my food poisoning.

Your background knowledge should tell you this is unlikely because the effects of food poisoning are felt soon after the food is eaten. Before believing your illness was caused by eating in an Ethiopian restaurant, you’d need to rule out other possibilities, such as your illness being caused by what you ate a few hours before the onset of the illness.
Prejudicial Language

See Loaded Language.

Questionable Analogy

See False Analogy.

Questionable Cause

See False Cause.

Questionable Premise

If you have sufficient background information to know that a premise is questionable or unlikely to be acceptable, then you commit this fallacy if you accept an argument based on that premise. This broad category of fallacies of argumentation includes appeal to authority, false dilemma, inconsistency, lying, stacking the deck, straw man, suppressed evidence, and many others.

Quibbling

We quibble when we complain about a minor point and falsely believe that this complaint somehow undermines the main point. To avoid this error, the logical reasoner will not make a mountain out of a mole hill nor take people too literally.
Example:

I’ve found typographical errors in your poem, so the poem is neither inspired nor perceptive.

Quoting out of Context

If you quote someone, but select the quotation so that essential context is not available and therefore the person’s views are distorted, then you’ve quoted “out of context.” Quoting out of context in an argument creates a straw man fallacy.
Example:

Smith: I’ve been reading about a peculiar game in this article about vegetarianism. When we play this game, we lean out from a fourth-story window and drop down strings containing “Free food” signs on the end in order to hook unsuspecting passers-by. It’s really outrageous, isn’t it? Yet isn’t that precisely what sports fishermen do for entertainment from their fishing boats? The article says it’s time we put an end to sport fishing. Jones: Let me quote Smith for you. He says “We…hook unsuspecting passers-by.” What sort of moral monster is this man Smith?

Jones’s selective quotation is fallacious because it makes Smith appear to advocate this immoral activity when the context makes it clear that he doesn’t.
Rationalization

We rationalize when we inauthentically offer reasons to support our claim. We are rationalizing when we give someone a reason to justify our action even though we know this reason is not really our own reason for our action, usually because the offered reason will sound better to the audience than our actual reason.
Example:

“I bought the matzo bread from Kroger’s Supermarket because it is the cheapest brand and I wanted to save money,” says Alex [who knows he bought the bread from Kroger's Supermarket only because his girlfriend works there].

Red Herring

A red herring is a smelly fish that would distract even a bloodhound. It is also a digression that leads the reasoner off the track of considering only relevant information.
Example:

Will the new tax in Senate Bill 47 unfairly hurt business? One of the provisions of the bill is that the tax is higher for large employers (fifty or more employees) as opposed to small employers (six to forty-nine employees). To decide on the fairness of the bill, we must first determine whether employees who work for large employers have better working conditions than employees who work for small employers.

Bringing up the issue of working conditions is the red herring.
Refutation by Caricature

See Ad Hominem.

Regression

This fallacy occurs when regression to the mean is mistaken for a sign of a causal connection. Also called the Regressive Fallacy. It is a kind of false cause fallacy.
Example:

You are investigating the average heights of groups of Americans. You sample some people from Chicago and determine their average height. You have the figure for the mean height of Americans and notice that your Chicagoans have an average height that differs from this mean. Your second sample of the same size is from people from Miami. When you find that this group’s average height is closer to the American mean height [as it is very likely to be due to common statistical regression to the mean], you falsely conclude that there must be something causing Miamians rather than Chicagoans be more like the average American.

There is most probably nothing causing Miamians to be more like the average American; but rather what is happening is that averages are regressing to the mean.
Reversing Causation

Drawing an improper conclusion about causation due to a causal assumption that reverses cause and effect. A kind of false cause fallacy.
Example:

All the corporate officers of Miami Electronics and Power have big boats. If you’re ever going to become an officer of MEP, you’d better get a bigger boat.

The false assumption here is that having a big boat helps cause you to be an officer in MEP, whereas the reverse is true. Being an officer causes you to have the high income that enables you to purchase a big boat.
Scapegoating

If you unfairly blame an unpopular person or group of people for a problem, then you are scapegoating. This is a kind of fallacy of appeal to emotions.
Example:

Augurs were official diviners of ancient Rome. During the pre-Christian period, when Christians were unpopular, an augur would make a prediction for the emperor about, say, whether a military attack would have a successful outcome. If the prediction failed to come true, the augur would not admit failure but instead would blame nearby Christians for their evil influence on his divining powers. The elimination of these Christians, the augur would claim, could restore his divining powers and help the emperor. By using this reasoning tactic, the augur was scapegoating the Christians.

Scare Tactic

If you suppose that terrorizing your opponent is giving him a reason for believing that you are correct, you are using a scare tactic and reasoning fallaciously.
Example:

David: My father owns the department store that gives your newspaper fifteen percent of all its advertising revenue, so I’m sure you won’t want to publish any story of my arrest for spray painting the college. Newspaper editor: Yes, David, I see your point. The story really isn’t newsworthy.

David has given the editor a financial reason not to publish, but he has not given a relevant reason why the story is not newsworthy. David’s tactics are scaring the editor, but it’s the editor who commits the scare tactic fallacy, not David. David has merely used a scare tactic. This fallacy’s name emphasizes the cause of the fallacy rather than the error itself. See also the related fallacy of appeal to emotions.
Scope

The scope fallacy is caused by improperly changing or misrepresenting the scope of a phrase.
Example:

Every concerned citizen who believes that someone living in the US is a terrorist should make a report to the authorities. But Shelley told me herself that she believes there are terrorists living in the US, yet she hasn’t made any reports. So, she must not be a concerned citizen.

The first sentence has ambiguous scope. It was probably originally meant in this sense: Every concerned citizen who believes (of someone that this person is living in the US and is a terrorist) should make a report to the authorities. But the speaker is clearly taking the sentence in its other, less plausible sense: Every concerned citizen who believes (that there is someone or other living in the US who is a terrorist) should make a report to the authorities. Scope fallacies usually are amphibolies.
Secundum Quid

See Accident and Converse Accident, two versions of the fallacy.

Selective Attention

Improperly focusing attention on certain things and ignoring others.
Example:

Father: Justine, how was your school day today?  Another C on the history test like last time?
Justine: Dad, I got an A- on my history test today.  Isn’t that great?  Only one student got an A.
Father: I see you weren’t the one with the A.  And what about the math quiz?
Justine: I think I did OK, better than last time.
Father: If you really did well, you’d be sure.  What I’m sure of is that today was a pretty bad day for you.

The pessimist who pays attention to all the bad news and ignores the good news thereby commits the fallacy of selective attention.  The remedy for this fallacy is to pay attention to all the relevant evidence.  The most common examples of selective attention are the fallacy of Suppressed Evidence and the fallacy of Confirmation Bias. See also the Sharpshooter’s Fallacy.

Self-Fulfilling Prophecy

The fallacy occurs when the act of prophesying will itself produce the effect that is prophesied, but the reasoner doesn’t recognize this and believes the prophesy is a significant insight.
Example:

A group of students are selected to be interviewed individually by the teacher. Each selected student is told that the teacher has predicted they will do significantly better in their future school work. Actually, though, the teacher has no special information about the students and has picked the group at random. If the students believe this prediction about themselves, then, given human psychology, it is likely that they will do better merely because of the teacher’s making the prediction.

The prediction will fulfill itself, so to speak, and the students commit the fallacy.This fallacy can be dangerous in an atmosphere of potential war between nations when the leader of a nation predicts that their nation will go to war against their enemy. This prediction could very well precipitate an enemy attack because the enemy calculates that if war is inevitable then it is to their military advantage not to get caught by surprise.

Sharpshooter’s

The sharpshooter’s fallacy gets its name from someone shooting a rifle at the side of the barn and then going over and drawing a target and bulls eye concentrically around the bullet hole.  The fallacy is caused by overemphasizing random results or making selective use of coincidence. See the Fallacy of Selective Attention.
Example:

Psychic Sarah makes twenty-six predictions about what will happen next year.  When one, but only one, of the predictions comes true, she says, “Aha!  I can see into the future.”

Slanting

This error occurs when the issue is not treated fairly because of misrepresenting the evidence by, say, suppressing part of it, or misconstruing some of it, or simply lying. See the following fallacies: Lying, Misrepresentation, Questionable Premise, Quoting out of Context, Straw Man, Suppressed Evidence.
Slippery Slope

Suppose someone claims that a first step (in a chain of causes and effects, or a chain of reasoning) will probably lead to a second step that in turn will probably lead to another step and so on until a final step ends in trouble. If the likelihood of the trouble occurring is exaggerated, the slippery slope fallacy is committed.
Example:

Mom: Those look like bags under your eyes. Are you getting enough sleep? Jeff: I had a test and stayed up late studying.

Mom: You didn’t take any drugs, did you?

Jeff: Just caffeine in my coffee, like I always do.

Mom: Jeff! You know what happens when people take drugs! Pretty soon the caffeine won’t be strong enough. Then you will take something stronger, maybe someone’s diet pill. Then, something even stronger. Eventually, you will be doing cocaine. Then you will be a crack addict! So, don’t drink that coffee.

The form of a slippery slope fallacy looks like this:

A leads to B.
B leads to C.
C leads to D.

Z leads to HELL.
We don’t want to go to HELL.
So, don’t take that first step A.

Think of the sequence A, B, C, D, …, Z as a sequence of closely stacked dominoes. The key claim in the fallacy is that pushing over the first one will start a chain reaction of falling dominoes, each one triggering the next. But the analyst asks how likely is it really that pushing the first will lead to the fall of the last? For example, if A leads to B with a probability of 80 percent, and B leads to C with a probability of 80 percent, and C leads to D with a probability of 80 percent, is it likely that A will eventually lead to D? No, not at all; there is about a 50- 50 chance. The proper analysis of a slippery slope argument depends on sensitivity to such probabilistic calculations. Regarding terminology, if the chain of reasoning A, B, C, D, …, Z is about causes, then the fallacy is called the Domino Fallacy.
Small Sample

This is the fallacy of using too small a sample. If the sample is too small to provide a representative sample of the population, and if we have the background information to know that there is this problem with sample size, yet we still accept the generalization upon the sample results, then we commit the fallacy. This fallacy is the fallacy of hasty generalization, but it emphasizes statistical sampling techniques.
Example:

I’ve eaten in restaurants twice in my life, and both times I’ve gotten sick. I’ve learned one thing from these experiences: restaurants make me sick.

How big a sample do you need to avoid the fallacy? Relying on background knowledge about a population’s lack of diversity can reduce the sample size needed for the generalization. With a completely homogeneous population, a sample of one is large enough to be representative of the population; if we’ve seen one electron, we’ve seen them all. However, eating in one restaurant is not like eating in any restaurant, so far as getting sick is concerned. We cannot place a specific number on sample size below which the fallacy is produced unless we know about homogeneity of the population and the margin of error and the confidence level.
Smear Tactic

A smear tactic is an unfair characterization either of the opponent or the opponent’s position or argument. Smearing the opponent causes an ad hominem fallacy. Smearing the opponent’s argument causes a straw man fallacy.

Smokescreen

This fallacy occurs by offering too many details in order either to obscure the point or to cover-up counter-evidence. In the latter case it would be an example of the fallacy of suppressed evidence. If you produce a smokescreen by bringing up an irrelevant issue, then you produce a red herring fallacy. Sometimes called clouding the issue.
Example:

Senator, wait before you vote on Senate Bill 88. Do you realize that Delaware passed a bill on the same subject in 1932, but it was ruled unconstitutional for these twenty reasons. Let me list them here…. Also, before you vote on SB 88 you need to know that …. And so on.

There is no recipe to follow in distinguishing smokescreens from reasonable appeals to caution and care.
Sorites

See Line-Drawing.

Special Pleading

Special pleading is a form of inconsistency in which the reasoner doesn’t apply his or her principles consistently. It is the fallacy of applying a general principle to various situations but not applying it to a special situation that interests the arguer even though the general principle properly applies to that special situation, too.
Example:

Everyone has a duty to help the police do their job, no matter who the suspect is. That is why we must support investigations into corruption in the police department. No person is above the law. Of course, if the police come knocking on my door to ask about my neighbors and the robberies in our building, I know nothing. I’m not about to rat on anybody.

In our example, the principle of helping the police is applied to investigations of police officers but not to one’s neighbors.
Specificity

Drawing an overly specific conclusion from the evidence. A kind of jumping to conclusions.
Example:

The trigonometry calculation came out to 35,005.6833 feet, so that’s how wide the cloud is up there.

Stacking the Deck

See Suppressed Evidence and Slanting.

Stereotyping

Using stereotypes as if they are accurate generalizations for the whole group is an error in reasoning. Stereotypes are general beliefs we use to categorize people, objects, and events; but these beliefs are overstatements that shouldn’t be taken literally. For example, consider the stereotype “She’s Mexican, so she’s going to be late.” This conveys a mistaken impression of all Mexicans. On the other hand, even though most Mexicans are punctual, a German is more apt to be punctual than a Mexican, and this fact is said to be the “kernel of truth” in the stereotype. The danger in our using stereotypes is that speakers or listeners will not realize that even the best stereotypes are accurate only when taken probabilistically. As a consequence, the use of stereotypes can breed racism, sexism, and other forms of bigotry.
Example:

German people aren’t good at dancing our sambas. She’s German. So, she’s not going to be any good at dancing our sambas.

This argument is deductively valid, but it’s unsound because it rests on a false, stereotypical premise. The grain of truth in the stereotype is that the average German doesn’t dance sambas as well as the average South American, but to overgeneralize and presume that ALL Germans are poor samba dancers compared to South Americans is a mistake called “stereotyping.”
Straw Man

You commit the straw man fallacy whenever you attribute an easily refuted position to your opponent, one that the opponent wouldn’t endorse, and then proceed to attack the easily refuted position believing you have undermined the opponent’s actual position. If the misrepresentation is on purpose, then the straw man fallacy is caused by lying.
Example (a debate before the city council):

Opponent: Because of the killing and suffering of Indians that followed Columbus’s discovery of America, the City of Berkeley should declare that Columbus Day will no longer be observed in our city. Speaker: This is ridiculous, fellow members of the city council. It’s not true that everybody who ever came to America from another country somehow oppressed the Indians. I say we should continue to observe Columbus Day, and vote down this resolution that will make the City of Berkeley the laughing stock of the nation.

The speaker has twisted what his opponent said; the opponent never said, nor even indirectly suggested, that everybody who ever came to America from another country somehow oppressed the Indians.
Style Over Substance

Unfortunately the style with which an argument is presented is sometimes taken as adding to the substance or strength of the argument.
Example:

You’ve just been told by the salesperson that the new Maytag is an excellent washing machine because it has a double washing cycle. If you were to notice that the salesperson smiled at you and was well dressed, this wouldn’t add to the quality of the original argument, but unfortunately it does for those who are influenced by style over substance, as most of us are.

Subjectivist

The subjectivist fallacy occurs when it is mistakenly supposed that a good reason to reject a claim is that truth on the matter is relative to the person or group.
Example:

Justine has just given Jake her reasons for believing that the Devil is an imaginary evil person. Jake, not wanting to accept her conclusion, responds with, “That’s perhaps true for you, but it’s not true for me.”

Superstitious Thinking

Reasoning deserves to be called superstitious if it is based on reasons that are well known to be unacceptable, usually due to unreasonable fear of the unknown, trust in magic, or an obviously false idea of what can cause what. A belief produced by superstitious reasoning is called a superstition. The fallacy is an instance of the False Cause Fallacy.
Example:

I never walk under ladders; it’s bad luck.

It may be a good idea not to walk under ladders, but a proper reason to believe this is that workers on ladders occasionally drop things, and that ladders might have dripping wet paint that could damage your clothes. An improper reason for not walking under ladders is that it is bad luck to do so.
Suppressed Evidence

Intentionally failing to use information suspected of being relevant and significant is committing the fallacy of suppressed evidence. This fallacy usually occurs when the information counts against one’s own conclusion. Perhaps the arguer is not mentioning that experts have recently objected to one of his premises. The fallacy is a kind of fallacy of Selective Attention.
Example:

Buying the Cray Mac 11 computer for our company was the right thing to do. It meets our company’s needs; it runs the programs we want it to run; it will be delivered quickly; and it costs much less than what we had budgeted.

This appears to be a good argument, but you’d change your assessment of the argument if you learned the speaker has intentionally suppressed the relevant evidence that the company’s Cray Mac 11 was purchased from his brother-in-law at a 30 percent higher price than it could have been purchased elsewhere, and if you learned that a recent unbiased analysis of ten comparable computers placed the Cray Mac 11 near the bottom of the list.If the relevant information is not intentionally suppressed by rather inadvertently overlooked, the fallacy of suppressed evidence also is said to occur, although the fallacy’s name is misleading in this case. The fallacy is also called the Fallacy of Incomplete Evidence and Cherry-Picking the Evidence. See also Slanting.

Sweeping Generalization

See Fallacy of Accident.

Syllogistic

Syllogistic fallacies are kinds of invalid categorical syllogisms. This list contains the fallacy of undistributed middle and the fallacy of four terms, and a few others though there are a great many such formal fallacies.

Tokenism

If you interpret a merely token gesture as an adequate substitute for the real thing, you’ve been taken in by tokenism.
Example:

How can you call our organization racist? After all, our receptionist is African American.

If you accept this line of reasoning, you have been taken in by tokenism.
Traditional Wisdom

If you say or imply that a practice must be OK today simply because it has been the apparently wise practice in the past, you commit the fallacy of traditional wisdom. Procedures that are being practiced and that have a tradition of being practiced might or might not be able to be given a good justification, but merely saying that they have been practiced in the past is not always good enough, in which case the fallacy is committed. Also called argumentum consensus gentium when the traditional wisdom is that of nations.
Example:

Of course we should buy IBM’s computer whenever we need new computers. We have been buying IBM as far back as anyone can remember.

The “of course” is the problem. The traditional wisdom of IBM being the right buy is some reason to buy IBM next time, but it’s not a good enough reason in a climate of changing products, so the “of course” indicates that the fallacy of traditional wisdom has occurred.
Tu Quoque

The fallacy of tu quoque is committed if we conclude that someone’s argument not to perform some act must be faulty because the arguer himself or herself has performed it. Similarly, when we point out that the arguer doesn’t practice what he preaches, we may be therefore suppose that there must be an error in the preaching, but we are reasoning fallaciously and creating a tu quoque. This is a kind of ad hominem fallacy.
Example:

You say I shouldn’t become an alcoholic because it will hurt me and my family, yet you yourself are an alcoholic, so your argument can’t be worth listening to.

Discovering that a speaker is a hypocrite is a reason to be suspicious of the speaker’s reasoning, but it is not a sufficient reason to discount it.
Two Wrongs Make a Right

When you defend your wrong action as being right because someone previously has acted wrongly, you commit the fallacy called “two wrongs make a right.” This is a kind of ad hominem fallacy.
Example:

Oops, no paper this morning. Somebody in our apartment building probably stole my newspaper. So, that makes it OK for me to steal one from my neighbor’s doormat while nobody else is out here in the hallway.

Undistributed Middle

In syllogistic logic, failing to distribute the middle term over at least one of the other terms is the fallacy of undistributed middle. Also called the fallacy of maldistributed middle.
Example:

All collies are animals.
All dogs are animals.
Therefore, all collies are dogs.

The middle term (“animals”) is in the predicate of both universal affirmative premises and therefore is undistributed. This formal fallacy has the logical form: All C are A. All D are A. Therefore, all C are D.
Unfalsifiability

This error in explanation occurs when the explanation contains a claim that is not falsifiable, because there is no way to check on the claim.  That is, there would be no way to show the claim to be false if it were false.
Example:

He lied because he’s possessed by demons.

This could be the correct explanation of his lying, but there’s no way to check on whether it’s correct.  You can check whether he’s twitching and moaning, but this won’t be evidence about whether a supernatural force is controlling his body.  The claim that he’s possessed can’t be verified if it’s true, and it can’t be falsified if it’s false.  So, the claim is too odd to be relied upon for an explanation of his lying.  Relying on the claim is an instance of fallacious reasoning.
Unrepresentative Sample

If the means of collecting the sample from the population are likely to produce a sample that is unrepresentative of the population, then a generalization upon the sample data is an inference committing the fallacy of unrepresentative sample. A kind of hasty generalization. When some of the statistical evidence is expected to be relevant to the results but is hidden or overlooked, the fallacy is called suppressed evidence.
Example:

The two men in the matching green suits that I met at the Star Trek Convention in Las Vegas had a terrible fear of cats. I remember their saying they were from Delaware. I’ve never met anyone else from Delaware, so I suppose everyone there has a terrible fear of cats.

Most people’s background information is sufficient to tell them that people at this sort of convention are unlikely to be representative, that is, typical members of society.Large samples can be unrepresentative, too.
Example:

We’ve polled over 400,000 Southern Baptists and asked them whether the best religion in the world is Southern Baptist. We have over 99% agreement, which proves our point about which religion is best.

Getting a larger sample size does not overcome sampling bias.
Untestability

See Unfalsifiability.

Weak Analogy

See False Analogy.

Willed ignorance

I’ve got my mind made up, so don’t confuse me with the facts. This is usually a case of the Traditional Wisdom Fallacy.
Example:

Of course she’s made a mistake. We’ve always had meat and potatoes for dinner, and our ancestors have always had meat and potatoes for dinner, and so nobody knows what they’re talking about when they start saying meat and potatoes are bad for us.

Wishful Thinking

A reasoner who suggests that a claim is true, or false, merely because he or she strongly hopes it is, is committing the fallacy of wishful thinking. Wishing something is true is not a relevant reason for claiming that it is actually true.
Example:

There’s got to be an error here in the history book. It says Thomas Jefferson had slaves. He was our best president, and a good president would never do such a thing. That would be awful.

7. References and Further ReadingEemeren, Frans H. van, R. F. Grootendorst, F. S. Henkemans, J. A. Blair, R. H. Johnson, E. C. W. Krabbe, C. W. Plantin, D. N. Walton, C. A. Willard, J. A. Woods, and D. F. Zarefsky, 1996. Fundamentals of Argumentation Theory: A Handbook of Historical Backgrounds and Contemporary Developments. Mahwah, New Jersey, Lawrence Erlbaum Associates, Publishers.

Fischer, David H., 1970. Historian’s Fallacies. New York, Harper & Row.

Huff, Darrell, 1954. How to Lie with Statistics. New York, W. W. Norton.

Groarke, Leo and C. Tindale, 2003. Good Reasoning Matters! 3rd edition, Toronto, Oxford University Press.

Hamblin, Charles L., 1970. Fallacies. London, Methuen.

Hansen, Has V. and R. C. Pinto., 1995. Fallacies: Classical and Contemporary Readings. University Park, Pennsylvania State University Press.

Levi, D. S., 1994. “Begging What is at Issue in the Argument,” Argumentation, 8, 265-282.

Walton, Douglas N., 1989. Informal Logic: A Handbook for Critical Argumentation. Cambridge, Cambridge University Press.

Walton, Douglas N., 1995. A Pragmatic Theory of Fallacy. Tuscaloosa, University of Alabama Press.

Walton, Douglas N., 1997. Appeal to Expert Opinion: Arguments from Authority. University Park, Pennsylvania State University Press.

Whately, Richard, 1836. Elements of Logic. New York, Jackson.

Woods, John and D. N. Walton, 1989. Fallacies: Selected Papers 1972-1982. Dordrecht, Holland, Foris.

Research on the fallacies of informal logic is regularly published in the following journals: Argumentation, Argumentation and Advocacy, Informal Logic, Philosophy and Rhetoric, and Teaching Philosophy.

Material fallacies

The classification of material fallacies widely adopted by modern logicians and based on that of Aristotle, Organon (Sophistici elenchi), is as follows:

  • Fallacy of Accident (also called destroying the exception or a dicto simpliciter ad dictum secundum quid)–makes a generalization that disregards exceptions (e.g., Cutting people is a crime. Surgeons cut people. Therefore, surgeons are criminals.)
  • Converse Fallacy of Accident (also called reverse accident, destroying the exception, or a dicto secundum quid ad dictum simpliciter)–argues from a special case to a general rule (e.g., Every swan I have seen is white, so it must be true that all swans are white.)
  • Affirming the Consequent–draws a conclusion from premises that do not support that conclusion by assuming Q implies P on the basis that P implies Q (e.g., If a person runs barefoot, then his feet hurt. Socrates’ feet hurt. Therefore, Socrates ran barefoot. Other things, such as tight sandals, can result in sore feet.)
  • Denying the antecedent–draws a conclusion from premises that do not support that conclusion by assuming Not P implies Not Q on the basis that P implies Q (e.g., If I have the flu, then I have a sore throat. I do not have the flu. Therefore, I do not have a sore throat. Other illnesses may cause sore throat.)
  • Begging the question (also called Petitio Principii, Circulus in Probando–arguing in a circle, or assuming the answer)–demonstrates a conclusion by means of premises that assume that conclusion (e.g., Paul must be telling the truth, because I have heard him say the same thing many times before. Paul may be consistent in what he says, but he may have been lying the whole time.)
  • Fallacy of False Cause or Non Sequitur (Latin for “it does not follow”)–incorrectly assumes one thing is the cause of another (e.g., Our nation will prevail because God is great.)
    • A special case of this fallacy also goes by the Latin term post hoc ergo propter hoc–the fallacy of believing that temporal succession implies a causal relation.
    • Another special case is given by the Latin term cum hoc ergo propter hoc — the fallacy of believing that happenstance implies causal relation (aka as fallacy of causation versus correlation: assumes that correlation implies causation).
  • Fallacy of Many Questions (Plurium Interrogationum)–groups more than one question in the form of a single question (e.g., Is it true that you no longer beat your wife? A yes or no answer will still be an admission of guilt to wife-beating.

Example 1

The following argument is posited:

  1. Cake is food.
  2. Food is delicious.
  3. Therefore, cake is delicious.

This argument claims to prove that cake is delicious. This particular argument has the form of a categorical syllogism. Any argument must have premises as well as a conclusion. In this case we need to ask what the premises are—that is, the set of assumptions the proposer of the argument can expect the interlocutor to grant. The first assumption is almost true by definition: cake is a foodstuff edible by humans. The second assumption is less clear as to its meaning. Since the assertion has no quantifiers of any kind, it could mean any one of the following:

  • All food is delicious.
  • One particular type of food is delicious.
  • Most food is delicious.
  • To me, all food is delicious.
  • Some food is delicious.

In all but the first interpretation, the above syllogism would then fail to have validated its second premise. The person may try to assume that his interlocutor believes that all food is delicious; if the interlocutor grants this then the argument is valid. In this case, the interlocutor is essentially conceding the point to that person. However, the interlocutor is more likely to believe that some food is disgusting, and in this case the person is not much better off than he was before he formulated the argument, since he now has to prove the assertion that cake is a unique type of universally delicious food, which is a disguised form of the original thesis. From the point of view of the interlocutor, the person commits the logical fallacy of begging the question.

Verbal fallacies

Verbal fallacies are those in which a conclusion is obtained by improper or ambiguous use of words. They are generally classified as follows.

  • Equivocation consists in employing the same word in two or more senses, e.g. in a syllogism, the middle term being used in one sense in the major and another in the minor premise, so that in fact there are four not three terms (“All heavy things have a great mass; this is heavy fog; therefore this fog has a great mass.”)
  • Connotation fallacies occur when a dysphemistic word is substituted for the speaker’s actual quote and used to discredit the argument. It is a form of attribution fallacy.
  • Amphibology is the result of ambiguity of grammatical structure, e.g. of the position of the adverb “only” in careless writers (“He only said that,” in which sentence, the adverb has been intended to qualify any one of the other three words).
  • Fallacy of Composition “From Each to All”. Arguing from some property of constituent parts, to the conclusion that the composite item has that property e.g. “all the band members (constituent parts) are highly skilled, therefore the band (composite item) is highly skilled”. This can be acceptable (i.e., not a fallacy) with certain arguments such as spatial arguments e.g. “all the parts of the car are in the garage, therefore the car is in the garage”
  • Division, the converse of the preceding, arguing from a property of the whole, to each constituent part e.g. “the university (the whole) is 700 years old, therefore, all the staff (each part) are 700 years old”.
  • Proof by verbosity, sometimes colloquially referred to as argumentum verbosium – a rhetorical technique that tries to persuade by overwhelming those considering an argument with such a volume of material that the argument sounds plausible, superficially appears to be well-researched, and it is so laborious to untangle and check supporting facts that the argument might be allowed to slide by unchallenged.
  • Accent, which occurs only in speaking and consists of emphasizing the wrong word in a sentence. e.g., “He is a fairly good pianist,” according to the emphasis on the words, may imply praise of a beginner’s progress, or an expert’s deprecation of a popular hero, or it may imply that the person in question is a deplorable pianist.[citation needed]
  • Figure of Speech, the confusion between the metaphorical and ordinary uses of a word or phrase.
  • Fallacy of Misplaced Concretion, identified by Whitehead in his discussion of metaphysics, this refers to the reification of concepts which exist only in discourse.

Example 1

Tom argues:

  1. Joe is a good tennis player.
  2. Therefore, Joe is ‘good’, that is to say a ‘morally’ good person.

Here the problem is that the word good has different meanings, which is to say that it is an ambiguous word. In the premise, Tom says that Joe is good at some particular activity, in this case tennis. In the conclusion, Tom states that Joe is a morally good person. These are clearly two different senses of the word “good”. The premise might be true but the conclusion can still be false: Joe might be the best tennis player in the world but a rotten person morally. However, it is not legitimate to infer he is a bad person on the ground there has been a fallacious argument on the part of Tom. Nothing concerning Joe’s moral qualities is to be inferred from the premise. Appropriately, since it plays on an ambiguity, this sort of fallacy is called the fallacy of equivocation, that is, equating two incompatible terms or claims.

Example 2

One posits the argument:

  1. Nothing is better than eternal happiness.
  2. Eating a hamburger is better than nothing.
  3. Therefore, eating a hamburger is better than eternal happiness.

This argument has the appearance of an inference that applies transitivity of the two-placed relation is better than, which in this critique we grant is a valid property. The argument is an example of syntactic ambiguity. In fact, the first premise semantically does not predicate an attribute of the subject, as would for instance the assertion

A potato is better than eternal happiness.

In fact it is semantically equivalent to the following universal quantification:

Everything fails to be better than eternal happiness.

So instantiating this fact with eating a hamburger, it logically follows that

Eating a hamburger fails to be better than eternal happiness.

Note that the premise A hamburger is better than nothing does not provide anything to this argument. This fact really means something such as

Eating a hamburger is better than eating nothing at all.

Thus this is a fallacy of composition.

Deductive fallacy

Main article: Deductive fallacy

In philosophy, the term logical fallacy properly refers to a formal fallacy : a flaw in the structure of a deductive argument which renders the argument invalid.

However, it is often used more generally in informal discourse to mean an argument which is problematic for any reason, and thus encompasses informal fallacies as well as formal fallacies. – valid but unsound claims or bad nondeductive argumentation – .

The presence of a formal fallacy in a deductive argument does not imply anything about the argument’s premises or its conclusion (see fallacy fallacy). Both may actually be true, or even more probable as a result of the argument (e.g. appeal to authority), but the deductive argument is still invalid because the conclusion does not follow from the premises in the manner described. By extension, an argument can contain a formal fallacy even if the argument is not a deductive one; for instance an inductive argument that incorrectly applies principles of probability or causality can be said to commit a formal fallacy.

Other systems of classification

Of other classifications of fallacies in general the most famous are those of Francis Bacon and J. S. Mill. Bacon (Novum Organum, Aph. 33, 38 sqq.) divided fallacies into four Idola (Idols, i.e. False Appearances), which summarize the various kinds of mistakes to which the human intellect is prone. With these should be compared the Offendicula of Roger Bacon, contained in the Opus maius, pt. i. J. S. Mill discussed the subject in book v. of his Logic, and Jeremy Bentham’s Book of Fallacies (1824) contains valuable remarks. See Rd. Whateley’s Logic, bk. v.; A. de Morgan, Formal Logic (1847) ; A. Sidgwick, Fallacies (1883) and other textbooks.

Fallacies in the media and politics

“Either you’re for me, or against me” is a common logical fallacy (a false dilemma).

Fallacies are used frequently by pundits in the media and politics. When one politician says to another, “You don’t have the moral authority to say X“, this could be an example of the argumentum ad hominem or personal attack fallacy; that is, attempting to disprove X, not by addressing validity of X but by attacking the person who asserted X. Arguably, the politician is not even attempting to make an argument against X, but is instead offering a moral rebuke against the interlocutor. For instance, if X is the assertion:

The military uniform is a symbol of national strength and honor.

Then ostensibly, the politician is not trying to prove the contrary assertion. If this is the case, then there is no logically fallacious argument, but merely a personal opinion about moral worth. Thus identifying logical fallacies may be difficult and dependent upon context.

In the opposite direction is the fallacy of argument from authority. A classic example is the ipse dixit—”He himself said it” argument—used throughout the Middle Ages in reference to Aristotle. A modern instance is “celebrity spokespersons” in advertisements: a product is good and you should buy/use/support it because your favorite celebrity endorses it.

An appeal to authority is always a logical fallacy, though it can be an appropriate form of rational argument if, for example, it is an appeal to expert testimony[citation needed] . In this case, the expert witness must be recognized as such and all parties must agree that the testimony is appropriate to the circumstances. This form of argument is common in legal situations.

By definition, arguments with logical fallacies are invalid, but they can often be (re)written in such a way that they fit a valid argument form. The challenge to the interlocutor is, of course, to discover the false premise, i.e. the premise that makes the argument unsound.

CHARTER CHANGE

Posted in CHA-CHA on December 28, 2008 by llb7

I believe that it’s not yet a right time to impose a new kind form of government, especially now our government was facing a great problem…especially in the economy, political and also the medical and jobs for the unemployed Filipinos.

I believe that the first thing that our government to do if they really sincere of what they are promised if they really want changes and improvement in our society, should first to solve the current problem that they were facing of, second they should follow the mandate of the constitution. For me, there’s no need to change our constitution….because our constitution is unique and good for us, as a only democratic country in Asia. They only problem of our constitution is it were abused by some government officials. I think this is the first thing that Arroyo administration should give big attention if she wants unity and improvement in the lives of the Filipino people!

I could say that our present form of government does not have any defect in running our government. The problem only arises on the person representing the people and dispensing their governmental function. The dilemma is not the system itself but the persons who are administering it.

The success of our country are in the hand of our leaders….even if they change our form of government if their attitude is the same as before how can we gain and expect a changes and improve our society?

I, as a law student, I believe that it is not a right time for the Arroyo administration to change the form of Government.

If she wants changes, try to examine the cause why she suffered the political chaos in her administration now and improve what she think that it can help and change the image of our country!

I believe her that she has a better dream for our country but I hope and pray that our madam president will awaken and face the circumstances because I believe it is the only way that she can correct from the mistakes that she had done.

There is a saying that: The Diamond cannot be polish without friction; nor man is perfected without trials!

DOES THE THIRD AND FINAL PRESIDENTIAL DEBATE MEETS THE ACADEMIC STANDARDS FOR ARGUMENTATION?

Posted in CHA-CHA on December 28, 2008 by llb7

The 3rd presidential debate is a 90-minute discussion. It has become customary for the main candidates (almost always the candidates of the two largest parties, currently the Democratic Party and the Republican Party) to engage in a debate. The topics discussed in the debate are often the most controversial issues of the time, and arguably elections have been nearly decided by these debates.
I believe that it meets the academic standards in argumentation. Based on Rules and Format of a Presidential Debate which was given by the Wikipedia, that: (1) Some of the debates can feature the candidates standing behind their podiums or (2) In conference tables with the moderator on the other side. Depending on the agreed format, either the moderator or an audience member can be the one to ask questions. Typically there are no opening statements, just closing statements. A coin toss determines who gets to answer the first question and each candidate will get alternate turns. Once a question is asked, the candidate has 2 minutes to answer the question. After this, the opposing candidate has around 1 minute to respond and rebut his arguments. At the moderator’s discretion, the discussion of the question may be extended by 30 seconds per candidate.
The moderator wants to have a real conversation between these two candidates on the issues important to their nation, thus, there’s no hard and fast rules for them to follow. The moderator simply asks the candidates to keep their answers to a reasonable length and to stay on point and has given the candidates the opportunity to make opening statements.
The rules and format in a debate are clearly observed during the Presidential Debate. Likewise, the candidates deliver there proposition in a manner that is convincing to the people: in ethical way and they retain their composure despite the steamy exchanging of accusation while delivering their claims.
Therefore, the Third and Final Presidential Debate of 2008 meets the academic standards in a debate.

ARGUMENTATION

Posted in CHA-CHA on November 29, 2008 by llb7

 

Argumentation theory, or argumentation, embraces the arts and sciences of civil debate, dialogue, conversation, and persuasion; studying rules of inference, logic, and procedural rules in both artificial and real world settings. Argumentation is concerned primarily with reaching conclusions through logical reasoning, that is, claims based on premises. Although including debate and negotiation which are concerned with reaching mutually acceptable conclusions, argumentation theory also encompasses eristic dialog, the branch of social debate in which victory over an opponent is the primary goal. This art and science is often the means by which people protect their beliefs or self-interests in rational dialogue, in common parlance, and during the process of arguing. Argumentation is used in law, for example in trials, in preparing an argument to be presented to a court, and in testing the validity of certain kinds of evidence. Also, argumentation scholars study the post hoc rationalizations by which organizational actors try to justify decisions they have made irrationally.

Key components of argumentation

  • Understanding and identifying arguments, either explicit or implied, and the goals of the participants in the different types of dialogue.
  • Identifying the premises from which conclusions are derived
  • Establishing the “burden of proof” — determining who made the initial claim and is thus responsible for providing evidence why his/her position merits acceptance
  • For the one carrying the “burden of proof”, the advocate, to marshal evidence for his/her position in order to convince or force the opponent’s acceptance. The method by which this is accomplished is producing valid, sound, and cogent arguments, devoid of weaknesses, and not easily attacked.
  • In a debate, fulfillment of the burden of proof creates a burden of rejoinder. One must try to identify faulty reasoning in the opponent’s argument, to attack the reasons/premises of the argument, to provide counterexamples if possible, to identify any logical fallacies, and to show why a valid conclusion cannot be derived from the reasons provided for his/her argument.

Argumentation and the grounds of knowledge

Argumentation theory was once based upon foundationalism, a theory of knowledge (epistemology) in the field of philosophy. It sought to find the grounds for claims in the forms (logic) and materials (factual laws) of a universal system of knowledge. As argument scholars gradually rejected the idealism in Plato and Kant, and jettisoned with it the idea that argument premises take their soundness from formal philosophical systems, the field broadened. [1]. Karl R. Wallace’s seminal essay, “The Substance of Rhetoric: Good Reasons,” Quarterly Journal of Speech (1963) 44, led many scholars to study “marketplace argumentation,” that is the ordinary arguments of ordinary people. The seminal essay on marketplace argumentation is Anderson, Ray Lynn, and C. David Mortensen, “Logic and Marketplace Argumentation.” Quarterly Journal of Speech 53 (1967): 143-150.[2]. [3]. This line of thinking led to a natural alliance with late developments in the sociology of knowledge.[4]. Some scholars drew connections with recent developments in philosophy, namely the pragmatism of John Dewey and Richard Rorty. Rorty has called this shift in emphasis “the linguistic turn.”

In this new hybrid approach argumentation is used with or without empirical evidence to establish convincing conclusions about issues which are moral, scientific, epistemic, or of a nature in which science alone cannot answer. Out of pragmatism and many intellectual developments in the humanities and social sciences, “non-philosophical” argumentation theories grew which located the formal and material grounds of arguments in particular intellectual fields. These theories include informal logic, social epistemology, ethnomethodology, speech acts, the sociology of knowledge, the sociology of science, and social psychology. These new theories are not non-logical or anti-logical. They find logical coherence in most communities of discourse. These theories are thus often labeled “sociological” in that they focus on the social grounds of knowledge.

Approaches to argumentation in communication and informal logic

In general, the label “argumentation” is used by communication scholars such as (to name only a few) Wayne E. Brockriede, Douglas Ehninger, Joseph W. Wenzel, Richard Rieke, Gordon Mitchell, Carol Winkler, Eric Gander, Dennis S. Gouran, Daniel J. O’Keefe, Mark Aakhus, Bruce Gronbeck, James Klumpp,G. Thomas Goodnight, Robin Rowland, Dale Hample, C. Scott Jacobs, Sally Jackson, and Charles Arthur Willard) while the term “informal logic” is preferred by philosophers, stemming from University of Windsor philosophers Ralph Johnson and J. Anthony Blair.

Trudy Govier, Douglas Walton, Michael Gilbert, Harvey Seigal, Michael Scriven, and John Woods (to name only a few) are other prominent authors in this tradition. Over the past thirty years, however, scholars from several disciplines have co-mingled at international conferences such as that hosted by the University of Amsterdam (the Netherlands) and the International Society for the Study of Argumentation (ISSA). Other international conferences are the biannual conference held at Alta, Utah sponsored by the (US) National Communication Association and American Forensics Association and conferences sponsored by the Ontario Society for the Study of Argumentation (OSSA).

Some scholars (such as Ralph Johnson) construe the term “argument”, narrowly, for instance as exclusively written discourse or even discourse in which all premises are explicit. Others (such as Michael Gilbert) construe the term “argument” broadly, to include spoken and even nonverbal discourse, for instance the degree to which a war memorial or propaganda poster can be said to argue or “make arguments.” The philosopher Stephen E. Toulmin has said that an argument is a claim on our attention and belief, a view that would seem to authorize treating, say, propaganda posters as arguments. The dispute between broad and narrow theorists is of long standing and is unlikely to be settled. The views of the majority of argumentation theorists and analysts fall somewhere between these two extremes.

Pragma-dialectics

One rigorous modern version of dialectic has been pioneered by scholars at the University of Amsterdam in the Netherlands, under the name of pragma-dialectics. The intuitive idea is to formulate clearcut rules that, if followed, will yield rational discussion and sound conclusions. Frans van Eemeren, the late Rob Grootendorst, and many of their students have produced a large body of work expounding this idea.

The dialectical conception of reasonableness is given by ten rules for critical discussion, all being instrumental for achieving a resolution of the difference of opinion (from Van Eemeren, Grootendorst, & Snoeck Henkemans, 2002, p. 182-183):

  • Freedom rule. Parties must not prevent each other from advancing standpoints or from casting doubt on standpoints.

  • Burden of proof rule. A party that advances a standpoint is obliged to defend it if asked by the other party to do so.

  • Standpoint rule. A party’s attack on a standpoint must relate to the standpoint that has indeed been advanced by the other party.

  • Relevance rule. A party may defend a standpoint only by advancing argumentation relating to that standpoint.

  • Unexpressed premise rule. A party may not disown a premise that has been left implicit by that party, or falsely present something as a premise that has been left unexpressed by the other party.

  • Starting point rule. A party may not falsely present a premise as an accepted starting point nor deny a premise representing an accepted starting point.

  • Argument scheme rule. A party may not regard a standpoint as conclusively defended if the defense does not take place by means of an appropriate argumentation scheme that is correctly applied.

  • Validity rule. A party may only use arguments in its argumentation that are logically valid or capable of being validated by making explicit one or more unexpressed premises

  • Closure rule. A failed defense of a standpoint must result in the party that put forward the standpoint retracting it and a conclusive defense of the standpoint must result in the other party retracting its doubt about the standpoint.

  • Usage rule. A party must not use formulations that are insufficiently clear or confusingly ambiguous and a party must interpret the other party’s formulations as carefully and accurately as possible.

The theory postulates this as an ideal model, and not something one expects to find as an empirical fact. It can however serve as an important heuristic and critical tool for testing how reality approximates this ideal and point to where discourse goes wrong, that is, when the rules are violated. Any such violation will constitute a fallacy. Albeit not primarily focused on fallacies, pragma-dialectics provides a systematic approach to deal with them in a coherent way.

Argument fields

Stephen E. Toulmin and Charles Arthur Willard have championed the idea of argument fields, the former drawing upon Ludwig Wittgenstein’s notion of language games, the latter drawing from communication and argumentation theory, sociology, political science, and social epistemology. For Toulmin, the term “field” designates discourses within which arguments and factual claims are grounded. [5] For Willard, the term “field” is interchangeable with “community,” “audience,” or “readership.” [6]. Along similar lines, G. Thomas Goodnight has studied “spheres” of argument and sparked a large literature created by younger scholars responding to or using his ideas. [7] The general tenor of these field theories is that the premises of arguments take their meaning from social communities [8]

Field studies might focus on social movements, issue-centered publics (for instance, pro-life versus pro-choice in the abortion dispute), small activist groups, corporate public relations campaigns and issue management, scientific communities and disputes, political campaigns, and intellectual traditions. [9] In the manner of a sociologist, ethnographer, anthropologist, participant-observer, and journalist, the field theorist gathers and reports on real-world human discourses, gathering case studies that might eventually be combined to produce high-order explanations of argumentation processes. This is not a quest for some master language or master theory covering all specifics of human activity. Field theorists are agnostic about the possibility of a single grand theory and skeptical about the usefulness of such a theory. Theirs’ is a more modest quest for “mid-range” theories that might permit generalizations about families of discourses.

 

Components of Argument

In The Uses of Argument (1958), Toulmin proposed a layout containing six interrelated components for analyzing arguments:

1. Claim
Conclusions whose merit must be established. For example, if a person tries to convince a listener that he is a British citizen, the claim would be “I am a British citizen.” (1)
2. Data
The facts we appeal to as a foundation for the claim. For example, the person introduced in 1 can support his claim with the supporting data “I was born in Bermuda.” (2)
3. Warrant
The statement authorizing our movement from the data to the claim. In order to move from the data established in 2, “I was born in Bermuda,” to the claim in 1, “I am a British citizen,” the person must supply a warrant to bridge the gap between 1 & 2 with the statement “A man born in Bermuda will legally be a British Citizen.” (3)
4. Backing
Credentials designed to certify the statement expressed in the warrant; backing must be introduced when the warrant itself is not convincing enough to the readers or the listeners. For example, if the listener does not deem the warrant in 3 as credible, the speaker will supply the legal provisions as backing statement to show that it is true that “A man born in Bermuda will legally be a British Citizen.”
5. Rebuttal
Statements recognizing the restrictions to which the claim may legitimately be applied. The rebuttal is exemplified as follows, “A man born in Bermuda will legally be a British citizen, unless he has betrayed Britain and has become a spy of another country.”
6. Qualifier
Words or phrases expressing the speaker’s degree of force or certainty concerning the claim. Such words or phrases include “possible,” “probably,” “impossible,” “certainly,” “presumably,” “as far as the evidence goes,” or “necessarily.” The claim “I am definitely a British citizen” has a greater degree of force than the claim “I am a British citizen, presumably.”

The first three elements “claim,” “data,” and “warrant” are considered as the essential components of practical arguments, while the second triad “qualifier,” “backing,” and “rebuttal” may not be needed in some arguments.

 

 

 

Internal structure of arguments

Typically an argument has an internal structure, comprising of the following

  1. a set of assumptions or premises

  2. a method of reasoning or deduction and

  3. a conclusion or point.

An argument must have at least one premise and one conclusion.
Often classical logic is used as the method of reasoning so that the conclusion follows logically from the assumptions or support. One challenge is that if the set of assumptions is inconsistent then anything can follow logically from inconsistency. Therefore it is common to insist that the set of assumptions is consistent. It is also good practice to require the set of assumptions to be the minimal set, with respect to set inclusion, necessary to infer the consequent. Such arguments are called MINCON arguments, short for minimal consistent. Such argumentation has been applied to the fields of law and medicine. A second school of argumentation investigates abstract arguments, where ‘argument’ is considered a primitive term, so no internal structure of arguments is taken on account.

In its most common form, argumentation involves an individual and an interlocutor/or opponent engaged in dialogue, each contending differing positions and trying to persuade each other. Other types of dialogue in addition to persuasion are eristic, information seeking, inquiry, negotiation, deliberation, and the dialectical method (Douglas Walton). The dialectical method was made famous by Plato and his use of Socrates critically questioning various characters and historical figures.

Psychological aspects

Psychology has long studied the non-logical aspects of argumentation. For example, studies have shown that simple repetition of an idea is often a more effective method of argumentation than appeals to reason. Propaganda often utilizes repetition. [12] Nazi rhetoric has been studied extensively as, inter alia, a repetition campaign.

Empirical studies of communicator credibility and attractiveness, sometimes labeled charisma, have also been tied closely to empirically-occurring arguments. Such studies bring argumentation within the ambit of persuasion theory and practice.

Some psychologists such as William J. McGuire believe that the syllogism is the basic unit of human reasoning. They have produced a large body of empirical work around McGuire’s famous title “A Syllogistic Analysis of Cognitive Relationships.” A central thrust of this thinking is that logic is contaminated by psychological variables such as “wishful thinking,” in which subjects confound the likelihood of predictions with the desirability of the predictions. People hear what they want to hear and see what they expect to see. If planners want something to happen they see it as likely to happen. Thus planners ignore possible problems, as in the American experiment with prohibition. If they hope something will not happen, they see it as unlikely to happen. Thus smokers think that they personally will avoid cancer. Promiscuous people practice unsafe sex. Teenagers drive recklessly.

Kinds of argumentation

Conversational argumentation

Main articles: Conversation Analysis and Discourse Analysis

The study of naturally-occurring conversation arose from the field of sociolinguistics. It is usually called conversational analysis. Inspired by ethnomethodology, it was developed in the late 1960s and early 1970s principally by the sociologist Harvey Sacks and, among others, his close associates Emanuel Schegloff and Gail Jefferson. Sacks died early in his career, but his work was championed by others in his field, and CA has now become an established force in sociology, anthropology, linguistics, speech-communication and psychology.[13] It is particularly influential in interactional sociolinguistics, discourse analysis and discursive psychology, as well as being a coherent discipline in its own right. Recently CA techniques of sequential analysis have been employed by phoneticians to explore the fine phonetic details of speech.

Empirical studies and theoretical formulations by Sally Jackson and Scott Jacobs, and several generations of their students, have described argumentation as a form of managing conversational disagreement within communication contexts and systems that naturally prefer agreement.

Mathematical argumentation

Main article: Philosophy of mathematics

The basis of mathematical truth has been the subject of long debate. Frege in particular sought to demonstrate (see Gottlob Frege, The Foundations of Arithemetic, 1884, and Logicism in Philosophy of mathematics) that arithmetical truths can be derived from purely logical axioms and therefore are, in the end, logical truths. The project was developed by Russell and Whitehead in their Principia Mathematica. If an argument can be cast in the form of sentences in Symbolic Logic, then it can be tested by the application of accepted proof procedures. This has been carried out for Arithmetic using Peano axioms. Be that as it may, an argument in Mathematics, as in any other discipline, can be considered valid just in case it can be shown to be of a form such that it cannot have true premises and a false conclusion.

Scientific argumentation

Main article: Philosophy of Science

Perhaps the most radical statement of the social grounds of scientific knowledge appears in Alan G.Gross “The Rhetoric of Science.” Cambridge: Harvard University Press, 1990. Gross holds that science is rhetorical “without remainder,” meaning that scientific knowledge itself cannot be seen as an idealized ground of knowledge. Scientific knowledge is produced rhetorically, meaning that it has special epistemic authority only insofar as its communal methods of verification are trustworthy. This thinking represents an almost complete rejection of the foundationalism on which argumentation was first based.

Legal argumentation

Main articles: Oral argument and Closing argument

Legal arguments (or oral arguments) are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. A closing argument (or summation) is the concluding statement of each party’s counsel (often called an attorney in the United States) reiterating the important arguments for the trier of fact, often the jury, in a court case. A closing argument occurs after the presentation of evidence.

Political argumentation

Main article: Political argument

Political arguments are used by academics, media pundits, candidates for political office and government officials. Political arguments are also used by citizens in ordinary interactions to comment about and understand political events. [14]. The rationality of the public is a major question in this line of research. A robust political science research tradition seems to prove that the American public is largely irrational and ignorant of even the most basic knowledge of national or world affairs. Political scientist S. Popkin coined the expression “low information voters” to describe most voters who know very little about politics or the world in general.

Some theorists have inferred from this that only comprehensively trained elites can debate public issues. They point as additional proof to the practice of academic debate in the United States, an activity almost exclusively involving children of the upper middle classes, future lawyers and graduate students, and not ordinary citizens.

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Posted in CHA-CHA on November 24, 2008 by llb7

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