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On fallacies and fundamentals of legal argumentation

Document Citado por Related
Vincent
AutorAndré Ferreira Leite de Paula
Páginas1973-1984
Working Group: Hermeneutics • 1973
On fallacies and fundamentals
of legal argumentation
André Ferreira Leite de Paula
Abstract: In this paper I will refer some aspects of contemporary Fallacy Theory
which, so far as I can see, weren’t object of investigations within the framework
of Legal Argumentation Theory until now. My considerations are related not
directlytospecicfallaciesbuttotheideaoffallaciesatallandtocontributions
that can be made to the fundaments of Legal Argumentation from the perspec-
tive of new approaches on fallacies which were developed within Informal Logic
in the last decades.
Keywords: Fallacy, Legal Argumentation, Formal Logic
Legal writings on fallacies proceed usually in the same way as
mostbooksonFormalLogicfallaciesarepresentedexempliedand
classiedinformaland informalonesBehindthisstandard treatment
there is no theory of fallacies at all, but just a resumption of Aristotle’s
fallacies list with some contemporary additions and a few other clas-
sicationsCuriouslythereisnormallyinlogicbooks nothematiccon-
nection between the fallacy approach – which is normally treated in an
independent chapter – and the other chapters of the same book, where
profound analysis in Formal Logic are made. Fallacy studies don’t seem
tohavebenetedfromthedevelopmentsofformallogicinthelastcen-
turies. Instead, they survived through more than two millenniums –
since Aristotle’s Sophistical Refutations and throughout Whately, Mill,
Morgan, Nicole and others – with approximately the same treatment.
This has begun to change only in the second half of the twentieth centu-
ry with Hamblin’s book Fallacies (1970), which has inspired many other
Logicians to take part on the new debate.1 After this revival of Fallacy
1
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

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