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It is fine to incarcerate people solely for what they put into their own bodies. It is very common for governments to do this.
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Appeal to Fear
Ad Baculum

AKA Scare Tactics, Appeal to Force

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

The Appeal to Fear is a fallacy with the following pattern:

  1. Y is presented (a claim that is intended to produce fear).
  2. Therefore claim X is true (a claim that is generally, but need not be, related to Y in some manner).
This line of "reasoning" is fallacious because creating fear in people does not constitute evidence for a claim.

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. For example, it might be prudent to not fail the son of your department chairperson because you fear he will make life tough for you. However, this does not provide evidence for the claim that the son deserves to pass the class.

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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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8
Peer Pressure

Peer Pressure is a fallacy in which a threat of rejection by one's peers (or peer pressure) is substituted for evidence in an "argument." This line of "reasoning" has the following form:

  1. Person P is pressured by his/her peers or threatened with rejection.
  2. Therefore person P's claim X is false.
This line of "reasoning" is fallacious because peer pressure and threat of rejection do not constitute evidence for rejecting a claim. This is especially clear in the following example:

Joe: "Bill, I know you think that 1+1=2. But we don’t accept that sort of thing in our group."
Bill: "I was just joking. Of course I don't believe that."

It is clear that the pressure from Bill's group has no bearing on the truth of the claim that 1+1=2.

It should be noted that loyalty to a group and the need to belong can give people very strong reasons to conform to the views and positions of those groups. Further, from a practical standpoint we must often compromise our beliefs in order to belong to groups. However, this feeling of loyalty or the need to belong simply do not constitute evidence for a claim.

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1
Appeal to Common Practice
Category: Fallacies of Relevance (Red Herrings)

The Appeal to Common Practice is a fallacy with the following structure:

  1. X is a common action.
  2. Therefore X is correct/moral/justified/reasonable, etc.
The basic idea behind the fallacy is that the fact that most people do X is used as "evidence" to support the action or practice. It is a fallacy because the mere fact that most people do something does not make it correct, moral, justified, or reasonable.

An appeal to fair play, which might seem to be an appeal to common practice, need not be a fallacy. For example, a woman working in an office might say "the men who do the same job as me get paid more than I do, so it would be right for me to get paid the same as them." This would not be a fallacy as long as there was no relevant difference between her and the men (in terms of ability, experience, hours worked, etc.). More formally:

  1. It is common practice to treat people of type Y in manner X and to treat people of type Z in a different manner.
  2. There is no relevant difference between people of type Y and type Z.
  3. Therefore people of type Z should be treated in manner X, too.
This argument rests heavily on the principle of relevant difference. On this principle two people, A and B, can only be treated differently if and only if there is a relevant difference between them. For example, it would be fine for me to give a better grade to A than B if A did better work than B. However, it would be wrong of me to give A a better grade than B simply because A has red hair and B has blonde hair.

There might be some cases in which the fact that most people accept X as moral entails that X is moral. For example, one view of morality is that morality is relative to the practices of a culture, time, person, etc. If what is moral is determined by what is commonly practiced, then this argument:

  1. Most people do X.
  2. Therefore X is morally correct.
would not be a fallacy. This would however entail some odd results. For example, imagine that there are only 100 people on earth. 60 of them do not steal or cheat and 40 do. At this time, stealing and cheating would be wrong. The next day, a natural disaster kills 30 of the 60 people who do not cheat or steal. Now it is morally correct to cheat and steal. Thus, it would be possible to change the moral order of the world to one’s view simply by eliminating those who disagree.

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456
Appeal to Novelty
AKA Appeal to the New, Newer is Better, Novelty

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

Appeal to Novelty is a fallacy that occurs when it is assumed that something is better or correct simply because it is new. This sort of "reasoning" has the following form:

  1. X is new.
  2. Therefore X is correct or better.
This sort of "reasoning" is fallacious because the novelty or newness of something does not automatically make it correct or better than something older. This is made quite obvious by the following example: Joe has proposed that 1+1 should now be equal to 3. When asked why people should accept this, he says that he just came up with the idea. Since it is newer than the idea that 1+1=2, it must be better.

This sort of "reasoning" is appealing for many reasons. First, "western culture" includes a very powerful commitment to the notion that new things must be better than old things. Second, the notion of progress (which seems to have come, in part, from the notion of evolution) implies that newer things will be superior to older things. Third, media advertising often sends the message that newer must be better. Because of these three factors (and others) people often accept that a new thing (idea, product, concept, etc.) must be better because it is new. Hence, Novelty is a somewhat common fallacy, especially in advertising.

It should not be assumed that old things must be better than new things (see the fallacy Appeal to Tradition) any more than it should be assumed that new things are better than old things. The age of a thing does not, in general, have any bearing on its quality or correctness (in this context).

Obviously, age does have a bearing in some contexts. For example, if a person concluded that his day old milk was better than his two‐month old milk, he would not be committing an Appeal to Novelty. This is because in such cases the newness of the thing is relevant to its quality. Thus, the fallacy is committed only when the newness is not, in and of itself, relevant to the claim.

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1
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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