Appeal to tradition may be legitimate within constitutional law
Evidence
The argumentum ad antiquitam may not be a fallacy in constitutional law. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1068
Categorization
- QUESTION: When exactly does originalism make appeal to the ages legitimate rather than fallacious? Aldisert gestures at this without resolving it.
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1068
- XREF: connects to: A legal principle emerges from a long line of decisions. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134; Historical practice by the First Congress reveals constitutional meaning beyond pattern alone — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1070; Legal rules resting only on past authority deserve condemnation when their rationale has lapsed — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067 (+5 more)
Broader Connections
- Historical practice by the First Congress reveals constitutional meaning beyond pattern alone
#expands(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1070 - A legal principle emerges from a long line of decisions.
#corroborates(0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 - Legal rules resting only on past authority deserve condemnation when their rationale has lapsed
#qualifies(0.55) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1067