Logical Fallacies and Core Legal Principles
Understanding Logical Fallacies
Fallacy of Composition
The Fallacy of Composition occurs when it is incorrectly assumed that what is true for individual parts of a whole is also true for the whole itself. For example:
The numbers 2 and 5 are components of the number 7.
The number 2 is even, and the number 5 is odd.
Therefore, the number 7 is both even and odd.
(This illustrates applying properties of parts—evenness of 2, oddness of 5—incorrectly to the whole, 7.)
Fallacy of Division
The Fallacy of Division occurs when it is incorrectly assumed that what is true for a whole is also true for its individual parts. For example:
If a dense pine forest provides thick shade, it is fallacious to conclude that each individual pine tree within that forest must also provide thick shade.
Important Considerations on Fallacies
Note: A fallacy might initially appear as correct reasoning. However, upon careful analysis, the underlying reasoning is flawed, even if the premises themselves are true. It is crucial to meticulously examine both the thought process and the resulting conclusion.
To avoid being misled by fallacies, a profound study of language and consistent consultation of grammatical rules are highly recommended. Be particularly wary of ambiguity; many words possess multiple meanings. To prevent errors, ensure a thorough understanding of the terms used. A fallacious argument can deceptively shift the meaning of terms, making a flawed argument seem valid. Therefore, always be alert for ambiguous language.
Key Legal Concepts Explained
(Item 15)
Defining a Legal Concept
A legal concept is a general and abstract representation of law. It encompasses both strictly legal facts and extralegal facts that gain legal relevance under the law. For instance, a flood is an extralegal event, but it can trigger legal consequences such as causing death, activating insurance claims, among others.
The Formation of Concepts
Common characteristics are abstracted from a thing or phenomenon. Then, through a synthetic process, a concept is formed that applies to all similar things.
Note: The image of an object is distinct from the concept of an object. A concept applies universally to all objects of the same species, whereas an image is a concrete representation of a specific, individual object.
Types of Legal Concepts
Popular Legal Concepts
These concepts are drawn from common experience and are not inherently legal but can generate legal consequences. Examples include “forest,” “river,” and “animal.” When incorporated into legal technique, they become legally relevant. For example, a public square, in itself, does not automatically cause legal consequences. However, if a citizen decides to build a house next to a statue in that public square (e.g., the statue of Simon Bolivar), this action will likely lead to legal consequences.
Strict Legal Concepts
These are further divided into:
Fundamental Legal Concepts
These encompass everything that constitutes law “in its essence” or “in its construction.” They include core legal ideas such as legal persons, subject of law, and legal status. These concepts are characteristic of the legal discipline and are essential for the application of law. (Often referred to as Legal Principles or Statements).
Derived or Subordinate Legal Concepts
These are creations of legal technique, often drawn from experience, such as a “mortgage.” They are termed subordinate or derived because they originate from other, more fundamental concepts. For example, one cannot simply declare, “I’ll mortgage this.” First, there must be an underlying loan for which the mortgage on a specific asset serves as a guarantee against non-compliance. Therefore, for a mortgage to be established, a preceding legal act (the credit agreement) must exist. This dependency is why they are called derived or subordinate. (Often referred to as Legal Institutions).
For instance, the concept of “law” itself is an a priori concept, existing before specific legal experiences. To understand what is considered legal within a society, we must first possess a foundational concept of law.