Any moral principle admitting its opposite becomes meaningless without unambiguous situations
Evidence
We have discovered in our teaching of the law that general propositions are empty. We have discovered that students who come eager to learn the rules and who do learn them, and who learn nothing more, will take away the shell and not the substance. We have discovered that rules alone, mere forms of words, are worthless. We have learned that the concrete instance, the heaping up of concrete instances, the present, vital memory of a multitude of concrete instances, is necessary in order to make any general proposition, be it rule of law or any other, mean anything at all. Without the concrete instances the general proposition is baggage, impedimenta, stuff about the feet. It not only does not help. It hinders. — Burton, Steven J, An Introduction to Law and Legal…, 148 (
#corroborates, via linked claim)
The majority attempts to disprove point B (legislative history of enforcement of franking laws), instead of disproving point A (Postal Service enforcement), which is the real issue at stake. Logicians call this technique the fallacy of irrelevance, ignoratio elenchi. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1012 (
#qualifies, via linked claim)
Categorization
- XREF: connects to: Rules without concrete instances are meaningless hindrances — Burton, Steven J, An Introduction to Law and Legal…, 148; Proving a different point than the actual issue is the fallacy of irrelevance — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1012; Rights and obligations can bind genuinely without being absolute. — Frederick Schauer, Thinking Like a Lawyer, 139 (+3 more)
Related
- Proving a different point than the actual issue is the fallacy of irrelevance (similarity 0.84)
- Rules without concrete instances are meaningless hindrances (similarity 0.84)
- Factual propositions cannot be sustained merely by citing negative evidence (similarity 0.79)
Broader Connections
- Rules without concrete instances are meaningless hindrances
#corroborates(0.72) — Burton, Steven J, An Introduction to Law and Legal…, 148 - Proving a different point than the actual issue is the fallacy of irrelevance
#qualifies(0.35) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1012