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Burden of Proof
Ad Ignorantiam

AKA Appeal to Ignorance

Category: Fallacies of Relevance (Red Herrings) → Distracting Appeals

Burden of Proof is a fallacy in which the burden of proof is placed on the wrong side. Another version occurs when a lack of evidence for side A is taken to be evidence for side B in cases in which the burden of proof actually rests on side B. A common name for this is an Appeal to Ignorance. This sort of reasoning typically has the following form:

  1. Claim X is presented by side A and the burden of proof actually rests on side B.
  2. Side B claims that X is false because there is no proof for X.
In many situations, one side has the burden of proof resting on it. This side is obligated to provide evidence for its position. The claim of the other side, the one that does not bear the burden of proof, is assumed to be true unless proven otherwise. The difficulty in such cases is determining which side, if any, the burden of proof rests on. In many cases, settling this issue can be a matter of significant debate. In some cases the burden of proof is set by the situation. For example, in American law a person is assumed to be innocent until proven guilty (hence the burden of proof is on the prosecution). As another example, in debate the burden of proof is placed on the affirmative team. As a final example, in most cases the burden of proof rests on those who claim something exists (such as Bigfoot, psychic powers, universals, and sense data).

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4
Appeal to the Consequences of a Belief
Argumentum Ad Consequentium

Category: Fallacies of Relevance (Red Herrings) → Distracting Appeals

The Appeal to the Consequences of a Belief is a fallacy that comes in the following patterns:

#1: X is true because if people did not accept X as being true, then there would be negative consequences.
#2: X is false because if people did not accept X as being false, then there would be negative consequences.

#3: X is true because accepting that X is true has positive consequences.
#4: X is false because accepting that X is false has positive consequences.

#5: I wish that X were true, therefore X is true. This is known as Wishful Thinking.
#6: I wish that X were false, therefore X is false. This is known as Wishful Thinking.

This line of "reasoning" is fallacious because the consequences of a belief have no bearing on whether the belief is true or false. For example, if someone were to say "If sixteen-headed purple unicorns don't exist, then I would be miserable, so they must exist", it would be clear that this would not be a good line of reasoning. It is important to note that the consequences in question are the consequences that stem from the belief. It is important to distinguish between a rational reason to believe (RRB) (evidence) and a prudential reason to believe (PRB) (motivation). A RRB is evidence that objectively and logically supports the claim. A PRB is a reason to accept the belief because of some external factor (such as fear, a threat, or a benefit or harm that may stem from the belief) that is relevant to what a person values but is not relevant to the truth or falsity of the claim. The nature of the fallacy is especially clear in the case of Wishful thinking. Obviously, merely wishing that something is true does not make it true. This fallacy differs from the Appeal to Belief fallacy in that the Appeal to Belief involves taking a claim that most people believe that X is true to be evidence for X being true.

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4
Appeal to Tradition
AKA Appeal to the Old, Old Ways are Best, Fallacious Appeal to the Past, Appeal to Age

Category: Fallacies of Relevance (Red Herrings) → Distracting Appeals

Appeal to Tradition is a fallacy that occurs when it is assumed that something is better or correct simply because it is older, traditional, or "always has been done." This sort of "reasoning" has the following form:

  1. X is old or traditional
  2. Therefore X is correct or better.
This sort of "reasoning" is fallacious because the age of something does not automatically make it correct or better than something newer. This is made quite obvious by the following example: The theory that witches and demons cause disease is far older than the theory that microorganism cause diseases. Therefore, the theory about witches and demons must be true.

This sort of "reasoning" is appealing for a variety of reasons. First, people often prefer to stick with what is older or traditional. This is a fairly common psychological characteristic of people which may stem from the fact that people feel more comfortable about what has been around longer. Second, sticking with things that are older or traditional is often easier than testing new things. Hence, people often prefer older and traditional things out of laziness. Hence, Appeal to Tradition is a somewhat common fallacy.

It should not be assumed that new things must be better than old things (see the fallacy Appeal to Novelty) any more than it should be assumed that old things are better than new things. The age of thing does not, in general, have any bearing on its quality or correctness (in this context). In the case of tradition, assuming that something is correct just because it is considered a tradition is poor reasoning. For example, if the belief that 1+1 = 56 were a tradition of a group of people it would hardly follow that it is true.

Obviously, age does have a bearing in some contexts. For example, if a person concluded that aged wine would be better than brand new wine, he would not be committing an Appeal to Tradition. This is because, in such cases the age of the thing is relevant to its quality. Thus, the fallacy is committed only when the age is not, in and of itself, relevant to the claim.

One final issue that must be considered is the "test of time." In some cases people might be assuming that because something has lasted as a tradition or has been around a long time that it is true because it has "passed the test of time." If a person assumes that something must be correct or true simply because it has persisted a long time, then he has committed an Appeal to Tradition. After all, as history has shown people can persist in accepting false claims for centuries.

However, if a person argues that the claim or thing in question has successfully stood up to challenges and tests for a long period of time then they would not be committing a fallacy. In such cases the claim would be backed by evidence. As an example, the theory that matter is made of subatomic particles has survived numerous tests and challenges over the years so there is a weight of evidence in its favor. The claim is reasonable to accept because of the weight of this evidence and not because the claim is old. Thus, a claim's surviving legitimate challenges and passing valid tests for a long period of time can justify the acceptance of a claim. But mere age or persistence does not warrant accepting a claim.

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0
Two Wrongs Make a Right

Two Wrongs Make a Right is a fallacy in which a person "justifies" an action against a person by asserting that the person would do the same thing to him/her, when the action is not necessary to prevent B from doing X to A. This fallacy has the following pattern of "reasoning":

  1. It is claimed that person B would do X to person A.
  2. It is acceptable for person A to do X to person B (when A's doing X to B is not necessary to prevent B from doing X to A).
This sort of "reasoning" is fallacious because an action that is wrong is wrong even if another person would also do it.

It should be noted that it can be the case that it is not wrong for A to do X to B if X is done to prevent B from doing X to A or if X is done in justified retribution. For example, if Sally is running in the park and Biff tries to attack her, Sally would be justified in attacking Biff to defend herself. As another example, if country A is planning to invade country B in order to enslave the people, then country B would be justified in launching a preemptive strike to prevent the invasion.

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343
Special Pleading
Category: Fallacies of Relevance (Red Herrings)

Special Pleading is a fallacy in which a person applies standards, principles, rules, etc. to others while taking herself (or those she has a special interest in) to be exempt, without providing adequate justification for the exemption. This sort of "reasoning" has the following form:

  1. Person A accepts standard(s) S and applies them to others in circumstance(s) C.
  2. Person A is in circumstance(s) C.
  3. Therefore A is exempt from S.
The person committing Special Pleading is claiming that he is exempt from certain principles or standards yet he provides no good reason for his exemption. That this sort of reasoning is fallacious is shown by the following extreme example:
  1. Barbara accepts that all murderers should be punished for their crimes.
  2. Although she murdered Bill, Barbara claims she is an exception because she really would not like going to prison.
  3. Therefore, the standard of punishing murderers should not be applied to her.
This is obviously a blatant case of special pleading. Since no one likes going to prison, this cannot justify the claim that Barbara alone should be exempt from punishment.

The Principle of Relevant Difference
From a philosophic standpoint, the fallacy of Special Pleading is violating a well accepted principle, namely the Principle of Relevant Difference. According to this principle, two people can be treated differently if and only if there is a relevant difference between them. This principle is a reasonable one. After all, it would not be particularly rational to treat two people differently when there is no relevant difference between them. As an extreme case, it would be very odd for a parent to insist on making one child wear size 5 shoes and the other wear size 7 shoes when the children are both size 5.

It should be noted that the Principle of Relevant Difference does allow people to be treated differently. For example, if one employee was a slacker and the other was a very productive worker the boss would be justified in giving only the productive worker a raise. This is because the productivity of each is a relevant difference between them. Since it can be reasonable to treat people differently, there will be cases in which some people will be exempt from the usual standards. For example, if it is Bill's turn to cook dinner and Bill is very ill, it would not be a case of Special Pleading if Bill asked to be excused from making dinner (this, of course, assumes that Bill does not accept a standard that requires people to cook dinner regardless of the circumstances). In this case Bill is offering a good reason as to why he should be exempt and, most importantly, it would be a good reason for anyone who was ill and not just Bill.

While determining what counts as a legitimate basis for exemption can be a difficult task, it seems clear that claiming you are exempt because you are you does not provide such a legitimate basis. Thus, unless a clear and relevant justification for exemption can be presented, a person cannot claim to be exempt.

There are cases which are similar to instances of Special Pleading in which a person is offering at least some reason why he should be exempt but the reason is not good enough to warrant the exemption. This could be called "Failed Pleading." For example, a professor may claim to be exempt from helping the rest of the faculty move books to the new department office because it would be beneath his dignity. However, this is not a particularly good reason and would hardly justify his exemption. If it turns out that the real "reason" a person is claiming exemption is that they simply take themselves to be exempt, then they would be committing Special Pleading. Such cases will be fairly common. After all, it is fairly rare for adults to simply claim they are exempt without at least some pretense of justifying the exemption.

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7
Appeal to Belief
Category: Fallacies of Relevance (Red Herrings)

Appeal to Belief is a fallacy that has this general pattern:

  1. Most people believe that a claim, X, is true.
  2. Therefore X is true.
This line of "reasoning" is fallacious because the fact that many people believe a claim does not, in general, serve as evidence that the claim is true.

There are, however, some cases when the fact that many people accept a claim as true is an indication that it is true. For example, while you are visiting Maine, you are told by several people that they believe that people older than 16 need to buy a fishing license in order to fish. Barring reasons to doubt these people, their statements give you reason to believe that anyone over 16 will need to buy a fishing license.

There are also cases in which what people believe actually determines the truth of a claim. For example, the truth of claims about manners and proper behavior might simply depend on what people believe to be good manners and proper behavior. Another example is the case of community standards, which are often taken to be the standards that most people accept. In some cases, what violates certain community standards is taken to be obscene. In such cases, for the claim "x is obscene" to be true is for most people in that community to believe that x is obscene. In such cases it is still prudent to question the justification of the individual beliefs.

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