Category Archives: Argument

Facing the “You Too” Fallacy on Appeal

(Sony Pictures 1989)

(Sony Pictures 1989)

This post continues the series on fallacies that I have faced while handling South Carolina appeals. The last one discussed ad hominem or personal attacks and suggested how to deflate them. This one covers a particular type of personal attack and when it may properly work.

In the “tu quoque” attack, one charges the opposing party with¬† hypocrisy. The argument is “Yeah, you’re another” or “you’re one to talk.” It is fallacious because two wrongs do not make a right. Continue reading

Fighting Circular Reasoning on Appeal

20089505_100x100_padThis post is one in a series on the logical fallacies that I have run across in handling South Carolina appeals. This one is on circular reasoning and begins with petitio principii, literally meaning “assuming the initial point.” It is better known as begging the question. Continue reading

Getting an Appellate Court Off the Bandwagon

bandwagonThis post is one of a series on fallacies that I have run across in handling South Carolina appeals. One of these is the “bandwagon” argument in which one argues that the majority view is correct simply because it is the majority view. But majorities, even a majority of appellate courts, may be wrong. Continue reading