Exam #1 Flashcards
define a valid argument
when the premises are such that they cannot be true and the conclusion false
(Both have to be TRUE)
- an argument but in the sense of theoretics
define a sound argument
when it is valid & ALL its premises are true
- being placed in reality (an actual argument)
define arguments by analogy
Treating two fact patterns in the same way because they have some similarities.
1) some fact pattern A has x, y, or z
2) some fact pattern B also has x, y, or z
3) the law treats fact pattern A in a certain way
4) the law should treat fact pattern B in the same way
what’s a modus ponens deductive argument?
-> opposite of modus tollens
P1) If A & B, then C
P2) A & B
C) Therefore C
what’s a modus tollens deductive argument?
“Mode of Taking” -> opposite of modus ponens
P1) If A, then B
P2) Not b
C) So not a
what’s a hypothetical syllogism deductive argument?
P1) If A, then B
P2) If B, then C
C) So, if A then C
what’s a disjunctive syllogism deductive argument?
“process of elimination”
P1) Either A or B
P2) Not A
C) So B
*either the cat smells or my feet smell
what’s a dilemma?
P1) Either A or B
P2) If A, then C
P3) If B, then D
C) So, either C or D
*study for tests or go to the movies
what’s a reductio ad absurdam?
If one is trying to prove “P” assume “not P” (or the opposite of “P”)
P1) If not P, then Q
P2) But not Q
C) So P (or not not P)
*climate change and rising temperatures
what are fallacies?
a mistake belief, or an unsound argument
what does it mean to affirm the consequent and deny the antecedent?
- affirming the consequent (result/effect) must be true if the antecedent (claim/initial event) is true
- denying the consequent means the opposite (they’re both false)
what’s the proper use of principled consistency in Legal Judgement?
treating similar cases with the same president
- ex. someone steals from Walmart and gets 3 months, anyone else who also steals from Walmart should get the same thing
what’s the proper use of “remain in the particulars” in Legal Judgement?
treating cases with similar attributes as being on the same level while also individualizing 1 year in jail
- ex. someone who steals a lawnmower from Walmart should get a longer sentence than someone who stole shampoo
what’s the proper use of “not operating on preconceived system or theories” in Legal Judgement?
deals with predujeces
- you don’t want a jury to be made up of people with the preconceived notion that you’re guilty
what’s the purpose of “remaining at a low level of abstraction” in Legal Judgement?
pulling the jury away from the person they are considering by looking at the actual events (facts) rather and preconcieved notions
what’s liberalism?
(according to the harm principle) the state may only prohibit me from those things which harm other
what’s legal moralism?
the state may prohibit from doing things which harm others & OFEND OTHERS
what’s paternalism?
the state may prohibit me from doing things which harm others (due to one’s poor rationality) to ensure everyone lives a good life
what is depotism and when is it appropriate? (Mill)
exercise of absolute power; used as rational for bettering the lives of other people who you believe can’t do it themselves
- a reasoning for colonialism
what are Duties of Beneficence? (Mill)
doing good to others including moral obligations
what are Duties of Nonmaleficence? (Mill)
societal obligations to not harm others
what’s Mill’s opinions on Good Samaritan Laws?
depends on the law; a law to help someone with little cost/risk to oneself if okay
what are 2 forms of compulsion for Mill?
civil and criminal law (need a specific definition of the crime, and proof)
what are 3 areas of liberty for Mill?
*think Marketplace of Ideas
1) freedom of thought and emotion
2) freedom to pursue ideas (if they don’t harm others) even if they’re deemed “immoral”
