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Exceptionally, the case was heard by a bench of six judges. Willes J gave the decision of the court.. Curiously, much of the case was dedicated not to the double actionability rule for which it would later be cited, but to argument upon whether (i) a law that was retrospective in nature was repugnant to natural justice and (ii) whether the law was defective as a matter of procedure as the ...
Therefore, the deviation was not justifiable and the shipowner, who was denied the protection of "perils of the sea", was liable to the cargo-owner. The secondary argument that a sinking was inevitable because of the ubiquity of the storm was dismissed out of hand as hypothetical.
The core idea behind the epistemic approach is that arguments play an epistemic role: they aim to expand our knowledge by providing a bridge from already justified beliefs to not yet justified beliefs. [9] [2] Fallacies are arguments that fall short of this goal by breaking a rule of epistemic justification. [3]
Circular reasoning is not a formal logical fallacy, but a pragmatic defect in an argument whereby the premises are just as much in need of proof or evidence as the conclusion. As a consequence, the argument becomes a matter of faith and fails to persuade those who don't already accept it.
The opposite, slothful induction, is the fallacy of denying the logical conclusion of an inductive argument, dismissing an effect as "just a coincidence" when it is very likely not. The overwhelming exception is related to the hasty generalization but works from the other end. It is a generalization that is accurate, but tags on a qualification ...
Red herring – introducing a second argument in response to the first argument that is irrelevant and draws attention away from the original topic (e.g.: saying "If you want to complain about the dishes I leave in the sink, what about the dirty clothes you leave in the bathroom?"). [72] In jury trial, it is known as a Chewbacca defense.
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Inductive reasoning also does not provide absolute certainty about positive claims. [19] [10] A negative claim may or may not exist as a counterpoint to a previous claim. A proof of impossibility or an evidence of absence argument are typical methods to fulfill the burden of proof for a negative claim. [10] [22]