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Saturday, October 23, 2004

Click Here For THE APPEAL TO RIDICULE

THE APPEAL TO RIDICULE -- GoThink.Info: "This fallacy shifts an argument from the point being discussed (ad rem) to irrelevant personal characteristics of an opponent (ad hominem). Instead of addressing the issue presented by an opponent, this argument makes the opponent the issue. It shifts the attention from the argument to the arguer; instead of disproving the substance of what is asserted, the argument attacks the person who made the assertion. It may take several forms. First, drawn from the negative campaigning of office seekers, and very common in the law, is what we might call the abusive argumentum ad hominem. The argument attacks the assertion based on adversary's reputation, personality or some personal shortcoming. X's statement must be wrong because X is a communist. The argument rests not upon the merits of the case, but on the character or position of those engaged in it. The abusive ad hominem tries to shift the burden of proof. It's a would-you-buy-a-used-car-from-this-man? type of question. Unfortunately, too many lawyers degenerate into this practice during the heat of a trial: 'My opponent is cheating, is committing fraud upon the court!' 'The lawyer for the government deliberately withheld information from me, and is continuing the treachery that began with the first pre-trial conference. He has been misrepresenting from the start and now is trying to pull a fast one on the court.' 'Continuing her tactics, that I can only describe as sleazy, my opponent is not telling the truth, and my total experience with her is that this is the way she does business.' The classical ad hominem argument, often repeated, is the note passed from one defense lawyer to another: 'No case, abuse plaintiff's attorney.'"

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