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In logic, an argumentum e contrario (Latin: 'argument from the contrary'; also a contrario or ex contrario [1] ), also known as appeal from the contrary, denotes any proposition that is argued to be correct because it is not disproven by a certain case. It is the opposite of the analogy. When analogy is allowed, e contrario is forbidden and vice versa. Arguments e contrario are often used in the legal system as a way to solve problems not currently covered by a certain system of laws. Although it might be used as a logical fallacy, arguments e contrario are not by definition fallacies.
In law, the use of the argumentum e contrario finds its footing in the Latin maxim: ubicumque lex voluit dixit, ubi tacuit noluit that runs as follows: If the Legislator wished to say something, he would do that expressly.
On the other hand, this example:
Novel legal cases often hinge on more cogent arguments of the form:
Ad hominem, short for argumentum ad hominem, is a term that refers to several types of arguments, most of which are fallacious. Typically this term refers to a rhetorical strategy where the speaker attacks the character, motive, or some other attribute of the person making an argument rather than attacking the substance of the argument itself. This avoids genuine debate by creating a diversion to some irrelevant but often highly charged issue. The most common form of this fallacy is "A makes a claim x, B asserts that A holds a property that is unwelcome, and hence B concludes that argument x is wrong".
Godwin's law, short for Godwin's lawof Nazi analogies, is an Internet adage asserting that as an online discussion grows longer, the probability of a comparison to Nazis or Adolf Hitler approaches 1.
A false dilemma, also referred to as false dichotomy or false binary, is an informal fallacy based on a premise that erroneously limits what options are available. The source of the fallacy lies not in an invalid form of inference but in a false premise. This premise has the form of a disjunctive claim: it asserts that one among a number of alternatives must be true. This disjunction is problematic because it oversimplifies the choice by excluding viable alternatives, presenting the viewer with only two absolute choices when in fact, there could be many.
An irrelevant conclusion, also known as ignoratio elenchi or missing the point, is the informal fallacy of presenting an argument that may or may not be logically valid and sound, but fails to address the issue in question. It falls into the broad class of relevance fallacies.
Argument from ignorance, also known as appeal to ignorance, is a fallacy in informal logic. It asserts that a proposition is true because it has not yet been proven false or a proposition is false because it has not yet been proven true. This represents a type of false dichotomy in that it excludes the possibility that there may have been an insufficient investigation to prove that the proposition is either true or false. It also does not allow for the possibility that the answer is unknowable, only knowable in the future, or neither completely true nor completely false. In debates, appealing to ignorance is sometimes an attempt to shift the burden of proof. The term was likely coined by philosopher John Locke in the late 17th century.
Argumentum ad baculum is the fallacy committed when one makes an appeal to force to bring about the acceptance of a conclusion. One participates in argumentum ad baculum when one emphasizes the negative consequences of holding the contrary position, regardless of the contrary position's truth value—particularly when the argument-maker himself causes those negative consequences. It is a special case of the appeal to consequences.
A fallacy, also known as paralogia in modern psychology, is the use of invalid or otherwise faulty reasoning in the construction of an argument that may appear to be well-reasoned if unnoticed. The term was introduced in the Western intellectual tradition by the Aristotelian De Sophisticis Elenchis.
Analogy is a comparison or correspondence between two things because of a third element that they are considered to share.
Special pleading is an informal fallacy wherein one cites something as an exception to a general or universal principle, without justifying the special exception. It is the application of a double standard.
Poisoning the well is a type of informal fallacy where adverse information about a target is preemptively presented to an audience, with the intention of discrediting or ridiculing something that the target person is about to say. Poisoning the well can be a special case of argumentum ad hominem, and the term was first used with this sense by John Henry Newman in his work Apologia Pro Vita Sua (1864). The etymology of the phrase lies in well poisoning, an ancient wartime practice of pouring poison into sources of fresh water before an invading army, to diminish the invading army's strength.
To make an argument from silence is to express a conclusion that is based on the absence of statements in historical documents, rather than their presence. In the field of classical studies, it often refers to the assertion that an author is ignorant of a subject, based on the lack of references to it in the author's available writings.
An appeal to fear is a fallacy in which a person attempts to create support for an idea by attempting to increase fear towards an alternative. An appeal to fear is related to the broader strategy of fear appeal and is a common tactic in marketing, politics, and media (communication).
Argument from fallacy is the formal fallacy of analyzing an argument and inferring that, since it contains a fallacy, its conclusion must be false. It is also called argument to logic, the fallacy fallacy, the fallacist's fallacy, and the bad reasons fallacy.
Informal fallacies are a type of incorrect argument in natural language. The source of the error is not just due to the form of the argument, as is the case for formal fallacies, but can also be due to their content and context. Fallacies, despite being incorrect, usually appear to be correct and thereby can seduce people into accepting and using them. These misleading appearances are often connected to various aspects of natural language, such as ambiguous or vague expressions, or the assumption of implicit premises instead of making them explicit.
Proof by assertion, sometimes informally referred to as proof by repeated assertion, is an informal fallacy in which a proposition is repeatedly restated regardless of contradiction and refutation. The proposition can sometimes be repeated until any challenges or opposition cease, letting the proponent assert it as fact, and solely due to a lack of challengers. In other cases, its repetition may be cited as evidence of its truth, in a variant of the appeal to authority or appeal to belief fallacies.
Appeal to the stone, also known as argumentum ad lapidem, is a logical fallacy that dismisses an argument as untrue or absurd. The dismissal is made by stating or reiterating that the argument is absurd, without providing further argumentation. This theory is closely tied to proof by assertion due to the lack of evidence behind the statement and its attempt to persuade without providing any evidence.
Argumentum a fortiori is a form of argumentation that draws upon existing confidence in a proposition to argue in favor of a second proposition that is held to be implicit in, and even more certain than, the first.
In argumentation theory, an argumentum ad populum is a fallacious argument which is based on claiming a truth or affirming something is good because the majority thinks so.