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would it hold up in a court of law? these paralegals don't think so

Date: February 06, 2003 | 4 Dhu-l-Hijjah 1423 Hijriah
Subjects: school, paralegal
In my Legal Writing class yesterday, the instructor talked about logical fallacies that we should avoid in our persuasive writing. Among the common fallacies is the argument ad ignorantiam:

ad ignorantiam (appeal to ignorance): arguing that a claim is true just because it has not been shown to be false. A classic example is this statement by Senator Joseph McCarthy, when asked for evidence to back up his accusation that a certain person was a communist: "I do not have much information on this except the general statement of the agency that there is nothing in his files to disprove his Communist connections"

The instructor used another example, the U.S. claiming that Saddam Hussein has WMDs because he hasn't been proven not to have them. Most of the class laughed in appreciation and we went on to have a lively discussion of other common logical fallacies and whether the U.S. case against Iraq contains them as well. It was pretty clear that nearly all of us were very skeptical about the whole thing. We also discussed whether Colin Powell was using hearsay evidence that would be thrown out of any court of law.

It may be that paralegal students are not a representative sample of the population, but certainly my impression from this and other discussions at school is that there are a lot of intelligent, well-educated people that Bush is failing to convince.
~ Posted by Al-Muhajabah, a member of the reality-based community, at 05:02 PM

Comments

Robert Williams said: Total comments: 1  

he U.S. claiming that Saddam Hussein has WMDs because he hasn't been proven not to have them

Your instructor's example is a poor one, and in fact got it exactly backwards. We know that Saddam Hussein at one point had some kinds of WMDs and was working on others. He claims to have subsequently destroyed all of them. When asked for proof, he is essentially demanding that we prove he didn't. He's using an ad ignorantium argument by insisting that he doesn't have to prove he destroyed them because we can't prove that he didn't.

The burden of proof is on him, as he is the one claiming to have done something. He should be able to convincingly demonstrate it. We are attempting to determine if he in fact disposed of materials that are known to have existed.


~ Posted at February 11, 2003 12:41 PM | Comment Permalink
moderator Al-Munaqabah said: Total comments: 996   gold stargold stargold stargold stargold star

Thanks for visiting, Robert, and thanks for your comment.

Perhaps my original post wasn't clear. We're looking to see if Saddam Hussein has WMDs. We're not finding any. We're saying that's proof that he must be hiding them. But that's faulty logic. Maybe they've been destroyed. You're overlooking alternative explanations.

~ Posted at February 11, 2003 05:55 PM | Comment Permalink

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