LEGAL TECHNIQUE AND LOGIC > Advocacy – act of pleading/arguing a case or

Atty. Jesus Vincent B. Capellan position

COURSE DESCRIPTION: Course on the methods CHARACTERISTICS OF ADVOCATE:

of reasoning, syllogisms, arguments and Personality - deep concentration, airtight

expositions, deductions, the truth table memory, confidence, ability to

demonstrating invalidity and inconsistency of rework, reshape (edit work), hone, polish,

arguments. It also includes the logical articulateness

organization of legal language and logical testing Philosophy - firm resolve or purpose Endurance -

of judicial reasoning. discipline

Drive – determination, goal to succeed

LEGAL TECHNIQUE AND LOGIC Speed – ability to act swiftly based on one’s

It is the critical presentation of investigative counsel, (?) and ability to handle the language

skills and analytical study on the application of Wit – one with greatest combination of skills,

laws, rules, regulations, procedures, and principles understanding of principles that govern

for an effective advocacy. Ethical – measured by the length and breadth of

his integrity

Animus Legendi - soul of lawyering, Critical and COURSE SYLLABUS

analytical I. INTRODUCTION

A. ALLIED SUBJECT and THEIR

- Subsumed in the concept of (?)
DISTINCTIONS
- Effective way of advocacy:
1. Legal Research and Counseling
articulate, good command of English language>
> LegRes – methods in the preparation of legal
Investigative Skills – concise and logical
opinions, memoranda; process of identifying and
presentation of relevant facts, which are material
retrieving information necessary to support legal
to the issue; not all facts must be considered,
decision-making; its goal is to find authority that
only those that are competent and in
will aid in finding a solution to a legal problem
consideration of the exclusionary rules (Art. 3,
> Leg Coun – rendition of advice and guidance
Sec. 2&12 of Consti.)
concerning a legal matter; process of helping a
> Critical presentation of Investigative Skills –
client make a decision
treating facts, getting rid of inessentials so that
2. Statutory Construction
they are cohesive; application of style in
> use and force of statutes ad principles and
interviewing clients, witnesses, validating facts;
methods of their construction and interpretation
arranging/utilizing a method; keen sense of
3. Practice Court
discernment

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> training on the preparation and drafting of in addressing present day concerns Ethical

complaints, petitions, answers, pleadings and the boundaries

art of effective oral advocacy

4. Legal and Judicial Forms B. LEGAL PROFICIENCY

> training in the drafting of various legal Use of the knowledge of the law for

documents, deeds, pleadings, briefs the solution of legal problems Deals

> Legal Technique integrates the skills taught in with:

the allied subjects Facts, Issues they present, Arguments that

B. BASIC SKILL support one’s side of the issue and

1. Legal Knowledge Conclusion in the light of the law and

2. Legal Proficiency jurisprudence

3. Written and Verbal Communication Specifically, it is the skill in sifting or probing

through a complex maze of conflicting facts and

BASIC
argument To arrive at facts that are relevant to
SKILL
A. LEGAL KNOWLEDGE
the solution of a legal problem
Level of familiarity, understanding, perception or
Ability to maintain professional skepticism in the
being conversant with laws and legal principles and
appreciation of facts
their application in common.
Ability to determine what specific provisions of
Associate with recall and understanding of
law are
theoretical aspects of a subject matter.
Applicable to a specific set of facts In the light
As distinguished from practical evaluation and
of jurisprudence
analysis in Legal Proficiency.
Ability to determine how current jurisprudence
Ability to recollect – specific provision of law and
doctrines may possibly change in the light of
appropriate interpretative jurisprudence
Changes in factual and legal environment
How various provisions interrelate with one
Changes in the court’s composition, and the
another
Application of various schools of jurisprudence
Rationale behind these provisions
Ability to determine the current applicability of
Various interpretative jurisprudence considered as
existing laws and jurisprudence considering the
doctrine or landmark cases decided en banc
changing social environment
Role of specific legal provisions within the context
Ability to craft proposal for new law, rule and
of a given social environment
regulation, new (?) or amendments
Evolution of legal provisions and the effect of
Ability to apply proficiency (?)
changes in these legal provisions (statcon – spirit

of law)
C. WRITTEN AND VERBAL COMUNICATION

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* Problems in modern legal writing: flabby, prolix,
obscure, (?) * Legal writer must consider these
subjects, among others:
Vocabulary – choice of appropriate words
Organization –effective arrangement of thoughts
Topic flow – appropriate articulation of concepts
Transitions – connect between ideas
Structure – proper elements of a document
Audience – nature of expected readership
Tone – manner of spirit of addressing readers
Style – types of sentences and cadence of prose
Clarity – fit between idea and expressions
Accuracy – fit between expression and reality
Timing - when to write and when, and how
often, to edit
BLACK LETTER RULE
- use in reference to a law, technical term or
case.
CHARACTERISTICS OF A GOOD ANSWER:
Begin with a thesis or conclusion, if appropriate
(first sentence should show the direct answer)
Avoid beating around the bush
Correct statement of “black letter rule” (of the
law, principle, case, law, technical terms, etc.)
Avoid legal lecturing
Concentrate on basic issues
No mistakes in using facts
Interweaving of key facts and elements in the
black letter rule
No mere repetition of facts, then specifying the
black letter rule
Good analysis, not just correct legal rule
No repetition of statements
Position taking when required
Appropriate use of policy and principle
Legible handwriting
Neat page
Use of margins, indentions, proper
numbering, headings and paragraphs
Responsive to instructions
Accomplished on time
II. Philosophy
Philia – love; Sophia – Wisdom = love or pursuit
of wisdom
- it is the knowledge of all things
through their ultimate causes acquired through
the light of reasons (St. Thomas Aquinas)
- It’s a study that seeks to understand
the mysteries of existence and reality, discover
the nature of truth and knowledge, and find
what is of basic value and importance in life.
Branches
1.1. Logic
Logos – thought or reasoning
- It is the science and art of reasoning
and critical thinking, concerned with distinguishing
what is true from what is wrong, valid from
invalid, and be critical about it.
- It provides sound methods for
distinguishing good from bad reasoning.
1.2. Psychology
Psyche – mind; Logos – study = study of the
mind
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- A branch of philosophy that deals with - deals with beauty and harmony, hence,

the study of human behavior and human-mind. also known as philosophy of art

-It aims to understand the role of mental

- it’s a study of art and of value
functions of an individual on behavior, while also
judgments about art, and of beauty in general
exploring the physiological and neurobiological

processes that underlie certain behaviors. - questions in aesthetics include: how

artistic creations are to be interpreted and

1.3. Epistemology evaluated, how the arts are related to one

Episteme – knowledge; logos – study = study of another, to natural beauty and other aspects of

knowledge human life

- also known as the theory of knowledge

1.6. Ethics

- It’s concerned with the nature of Ethos – norms

knowledge, its scope, possibility, and general

- deals with the study of morality of
basis.
human act and judgment

- seeks the criteria for truth and in

- it takes up the meanings of moral
distinguishing what is adequate (true) from
concepts and formulates principles to guide moral
inadequate (false) knowledge
decisions

1.4. Metaphysics - also called us moral philosophy as it

Meta – beyond seeks to determine whether an action is to be

considered good or bad

- deals with the study of the nature and

realities of being, and of all reality (visible and

1.7. Cosmology
invisible, what is it, why is it, and how are we
Cosmos- universe; logos – study
to understand it)
- the study of inanimate objects in the
- seeks basic criteria for determining what
universe, the material world – its origin, nature,
sorts of things are real
structure, ultimate principles of bodily natures

- considered as the most abstract part of and natural laws

philosophy

2. Logic

1.5. Aesthetics It is the study of the methods and principles

Aesthesis – of sense perception or harmony used to distinguish correct from incorrect

reasoning.
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It is an organized body of knowledge, or science Ex: All congressmen are politicians. Manny

that evaluates arguments. Pacquiao is a congressman. Therefore, Manny

It has the aim to develop a system of methods Pacquiao is a politician.

and principles that we may use as criteria for

evaluating the arguments of others and as guides 2.2. Proposition a statement; what is typically

in constructing arguments of our own. asserted using a declarative sentence, and hence

To discover and make available those criteria that always either true or false – although its truth

can be used to test arguments for correctness. or falsity may be unknown.

A Logician is concerned primarily with Typically stated in declarative sentences, but

the correctness of the completed process of they sometimes appear as commands, rhetorical

reasoning. questions, or noun phrases.

TEST (How would you distinguish between RHETORICAL QUESTION – an utterance used to

correct and incorrect reasoning?) make a statement, but which because it is in

TOOLS = knowing the methods, principles and interrogative form and is therefore neither true

techniques. nor false, does not literally assert anything.

Does the conclusion reached follow from the > sometimes used synonymously with

premises used or assumed? “Statement”

Do the premises provide good reasons for . STATEMENT

accepting the conclusion? A proposition; what is typically asserted by a

If the premises do provide adequate grounds declarative sentence, but not the sentence itself.

for affirming the conclusion, If asserting the Every statement must either be true or false,

premises to be true warrant asserting the although the truth or falsity of a given

conclusion also to be true, statement may be unknown.

Then the reasoning is correct. Otherwise, it is Is a sentence that is either true or false – in

incorrect. other words, typically a declarative sentence or a

sentence component that could stand as a

2.1. Syllogism declarative sentence. > may be compound,

Any deductive argument in which a conclusion is meaning it contains several propositions Ex: God

inferred from two premises. exists.

A deductive argument consisting of two premises The Earth is further from the Sun than Venus.

and one conclusion.

> The logical form of an argument. 2.3. Argument

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Is any group of propositions of which on is something; if it does not do so, it does not

claimed to follow from the others, which are contain an argument.

regarded as providing support or grounds for the Conditions must be fulfilled for a passage to

truth of that one. Is a group of statements, purport to prove something:

one or more of which (the premises) are claimed At least one of the statements must claim to

to provide support for, or reasons to believe, present evidence or reasons. – it must express a

one of the others (the conclusion). factual claim.

> An argument is valid if the conclusion is true There must be a claim that the alleged evidence

whenever the premises are all true. supports or implies something, that is, a claim

The propositions in an argument must be related that something follows from the alleged evidence

to one another. or reasons. – it must express an inferential

claim.

TWO BASIC GROUPS: - is simply the claim that the passage expresses

Those in which the premises a certain kind of reasoning process.

really do support the - that something supports or implies something

conclusion; Those in which or that something followsfrom something.

they do not, even though

they are claimed to. ** Non Inferential Passages (No Argument)

In order to distinguish correct from incorrect

A warning is a form of expression that is
arguments, they must be recognized when they
intended to put someone on guard against a
occur and must be able to identify the premises
dangerous or detrimental situation.
and conclusions of those arguments.
A piece of advice is a form of expression

that makes a recommendation about some future

ENTHYMEME – An argument that is stated
decision or course of conduct.
incompletely, the unstated part of it being
A statement of belief or opinion is an
taken for granted. not stated but is assumed to
expression about what someone happens to
be understood
believe or think about something.
the arguer supposes that it is
Loosely associated statements may be about the
unquestioned common knowledge its
same general subject, but they lack a claim that
effectiveness depends on the hearer’s
one of them is proved by the others.
knowledge
A report consists of a group of
** Recognizing Arguments – in general, a passage
statements that they convey information about
contains an argument if it purports to prove
some topic or event.

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 An expository passage is a kind of
discourse that begins with a topic sentence
followed by one or more sentences that develop
the topic sentence.
If the purpose of the subsequent sentences in
the passage is not only to flesh out the topic
sentence BUT also to prove it, then the passage
is an argument.
An illustration is an expression involving
one or more examples that is intended to show
something means or how it is done.
An explanation is an expression that
purports to shed light on some event or
phenomenon.
Explanandum – is the statement that describes
the event or phenomenon to be explained.
Explanans –is the statement or group of
statements that purports to do the explaining.
Conditional statement is an “if (antecedent), …
then (consequent) …” statement. Not argument
because there is no assertion that either the
antecedent or the consequent is true. But their
inferential content may be re-expressed to for
arguments. Thus:
a. A single conditional statement is not an
argument
b. A conditional statement may serve as
either the premise or conclusion
(or both) of an argument
The inferential content of a conditional
statement may be re-expressed to form an
argument.
2.3.1. Premise
In an argument, the prepositions upon which
inference is based; the prepositions that are
claimed to provide grounds or reasons for the
conclusion. Are the statements that set forth
the reasons and evidence.
> The basic statement upon whose truth an
argument is based, a basic assertion
Premise indicators:
(not conclusive that there is an argument; might
be an explanation to other paragraphs)
Since, Because, For, As, Follows from, As shown
by, Inasmuch as, In that, As indicated by,
Owing to, As indicated by, The reason is that,
For the reason that, May be inferred from,
May be derived from, May be deduced from, In
view of the fact that, Seeing that, Given that
2.3.2. Conclusion
In any argument, the proposition to which the
other propositions in the argument are claimed
to give support, or for which they are given as
reasons.
Of an argument is the proposition that is
affirmed on the basis of other propositions of
the argument, and these other propositions,
which are affirmed (or assumed) as providing
support or reasons for accepting the conclusion,
are the premises of that argument.
Is the statement that the evidence is claimed to
support or imply. In other words, the conclusion
is the statement that is claimed to follow from
the premises.
Conclusion indicators: (highlights an argument)
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Therefore, Hence, Thus, So, Accordingly, In If all Filipinos are patriotic is true, then not all

consequence, Consequently, Proves that, Filipinos are patriotic will be false.

As a result, For this reason, Wherefore, It must If some bananas are apples is false, then all

be implied that, Implies that, For these reasons, bananas are apples will also be false.

It follows that, We may infer, I conclude that, If some students are lazy is false, then not all

Which shows that, Which means that, students are lazy will be true.

Which entails that, Which implies that, Which

allows us to, Which infer that, Which points 2.5. Inference

to the conclusion that, We may conclude, It A process by which one proposition is arrived at

follows that and affirmed on the basis of some other

Ex: proposition/s

Hillary Clinton must be a communist spy. It is the reasoning process expressed by an

Premises She supports socialized health care. argument

It follows that everyone who supports socialized It is used interchangeably with ‘argument’

health care is a communist spy. – Conclusion > the process by which one proposition is arrived

at and affirmed on the basis of some other

1 is a prime number. 3 is a prime number. propositions

Premises 5 is a prime number. 7 is a prime

number. 2.5.1. Deduction

Therefore, all odd integers between 0 and 8 are A deductive argument claims to provide

prime numbers. – Conclusion conclusive grounds for its conclusion; if it does so

it is valid, if it does not it is invalid.

2.4. Opposition An argument incorporating the claim that it is

> the relationship between two prepositions impossible for the conclusion to be false given

having the same subject and the that the premises are true.

same predicate but differ as to quantity or to > A process of reasoning in which a conclusion is

quality, or to both drawn from a set of premises. It is usually

> this is the process of inferring from the known confined to cases in which the conclusion is

preposition (i.e. a proposition that supposed to follow from the premises.

is already assumed > It works from the general to the specific and

to be true or false) often referred to as a top-down approach.

to its opposite Ex:

proposition Ex:

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There were 20 people originally. There are 19 Therefore, all persons who have creased earlobes

persons currently. Therefore, someone is are prone to have heart attacks.

missing.

Peter is Jon’s brother, so Jon must be 2.6. Hypothesis

Peter’s brother. > a tentative insight or concept that is not yet

You will succeed if you work hard. You will verified but if true would explain certain facts or

be happy if you succeed. Therefore, you will phenomena.

be happy if you work hard. > a statement that is assumed to be true for

the sake of argument > it is the antecedent of a

2.5.2. Induction conditional statement

An inductive argument claims that its Ex:

premises give only some degree of probability, If he studies diligently, he will top the bar exam.

but not certainty, to its conclusion. If a number is divisible by 10, then it is divisible

An argument incorporating the claim that it by 2.

is improbable that the conclusion is false Duterte will be a good presidential candidate if

given that the premises are true. he decides to run.

> A process of reasoning from empirical

premises to empirical conclusions. It is a kind 2.7. Reasoning

of ampliative argument, wherein the > The process of using a rational, systematic

conclusion goes beyond their premises. In series of steps bases on sound procedures and

other words, something beyond the context given statements to arrive at a conclusion.

of the premises is inferred as probable or > The use of logical thinking in order to find

supported by them. results or draw conclusions

> It works from observations toward

2.7.1. A Priori
generalization, probabilities, and theories;
From the earlier
often called a bottom-up approach.
– literally, “before experience”; a priori
Ex:
knowledge is before or independent of experience.
There is smoke. Therefore, there is fire.
For example, according to some philosophers, we
Two-thirds of Filipinos I know in Canada are
know every event has a cause even though we
illegal immigrants. Therefore, majority of
have not experienced every event.
Filipinos in Canada are illegal immigrants.
> it rests on rational intuitions or insights;
I have seen many persons with creased earlobes
knowledge gained through deduction and not
who had heart attacks.
through empirical evidence

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Ex:
a. All squares are rectangles.
b. It is always wrong to punish an innocent
person.
c. All rubies are red.
2.7.2. A Posteriori
From what comes after – literally, “after
experience”; a posteriori knowledge is that derived
from experience. This is in contrast to a priori
knowledge.
> used to indicate inductive reasoning; something
that is known based on logic that is derived
from experience
> reason can be involved in a posteriori
statement, but that reason still stems from an
assumption made empirically, rather than one
derived from an abstract truth
Ex:
a. One’s date of birth is something known
posteriori.
b. The chemical component of water is H2O.
3. Fallacies of Relevance
- a fallacy in which the premises are irrelevant
to the conclusion
> The premises of arguments with fallacies of
relevance support a different conclusion, and
the conclusion of such arguments require
different premises if it is to be established.
> the connection between the premises and
conclusion is emotional
3.1. Argumentum Ad Ignorantiam
Appeal to Ignorance
> occurs when it is asserted that a given
statement is true or false simply because it
cannot be proven otherwise
> it appeals to a lack of
information to prove appoint
Ex:
a. Ghosts or aliens exist since no one has
been able to disprove their existence.
b. Pedro is an honest student because I’ve
never caught him cheating.
3.2. Argumentum Ad Verecundiam
Appeal to Inappropriate Authority
> appeal is made to parties who do not have the
proper authority or legitimate claim to authority
in the matter at hand
> it substitutes general eminence for genuine
expertise
> it cites the expertise of a person who has
reputation in a certain field
Ex:
Take this medicine for your stomachache. It
relieved my stomachache before.
I believe my friend’s political opinions. He’s smart
since he’s a philosophy teacher.
3.3. Argumentum Ad Hominem
Argument against the Person
a fallacy in which the argument relies upon an
attack against the person taking the position an
informal fallacy committed when, rather than
attacking the substance of some position, one
attacks the person of its advocate, either
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abusively or as a consequence of his or her special A fallacy in which the argument relies on

circumstances. generosity, altruism, or mercy, rather than on

Positioning the Well – A variety of abusive ad reason.

hominem argument in which continued rational An informal fallacy committed when the support

exchange is undermined by attacking the good offered for some conclusion is emotions – fear,

faith or intellectual honesty of the opponent. envy, pity of the listeners > appeal to emotion,

> the attack on the person is logically irrelevant which is misplaced

to the truthfulness of the argument Ex:

Ex: Lawyer: Acquit my client for he is the

Don’t believe his expose, he was a drug-addict. breadwinner of his family.

You support the Bangsamoro Law only because Suitor: Accept my love for I have undergone

you’re a Noytard. numerous hardships in life.

You say I’m not smart? You too!

3.6. Argumentum Ad Baculum

3.4. Argumentum Ad Populum Appeal to Force a fallacy in which the

Appeal to People or Populace argument relies upon an open or veiled

An informal fallacy in which the support given threat of force committed when force, or

for some conclusion is an appeal to popular belief the threat of force, is relied on to win

An informal fallacy committed when the support consent. > accomplishes its purpose by

offered for some conclusion is an inappropriate psychologically impeding the reader/listener

appeal to multitude. from acknowledging a missing premise that

> one attempts to influence other’s if acknowledged would be seen as false

judgment by appealing to their prejudices and Ex:

attitudes that have nothing to do with Judge, rule in favor of my client or I’ll expose

matter at hand > uses emotion-laden terms your love affair with your clerk.

to sway people en masse Superintendent, cut the budget or do I need to

Ex: remind you of the fate of your predecessors who

Facial cleanser advertisement: Ang sikreto ng mga cannot keep down costs.

gwapo! Teacher threatens students with failing grade if

Religion: If you do this or that, you will be the latter do not give him asatisfactory rating.

saved. Red Herring - a fallacy in which attention is

deliberately deflected away from the issue under

3.5. Argumentum Ad Misericordiam discussion

Appeal to Pity

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an informal fallacy committed when some asked, and a single answer is applied to both

distraction is used to mislead and confuse questions.

> also called as the “loaded question”

Straw Man - a fallacy in which an opponent’s > nothing more
position is depicted as being more extreme or than a trick to
unreasonable than is justified by what was induce another
actually asserted. to assent the

trick Ex:
An informal fallacy committed when the
Mr. Accused, did anyone help you kill your
position of one’s opponent is misrepresented ad
husband?
that distorted position is made the object of
Have you stopped taking drugs?
attack.
What did you do with the knife after stabbing

him with it?

4. Fallacies of Presumption

4.2. Non Cause Pro Causa (False Cause)

Any fallacy in which the conclusion depends on a

tacit assumption that is dubious, unwarranted, or

A fallacy in which something that is not really
false.
the cause is treated as a cause
A group of fallacies that occur when the
An informal fallacy that occurs when the
premises of an argument presume what they
conclusion of an argument depends on some
purport to prove.
imagined causal connection that probably does not
> concerned with problems of deductive reasoning
exist and appeal to the people.
> occurs when an argument rests on some hidden
> the mistake in assuming that A
assumption that, if not hidden, would make it
caused B simply because A preceded
clear that there is insufficient evidence for the
B
conclusion
Ex:

Prayer works. Whenever there’s a storm, I

4.1. Complex Question
pray that our house would be spared, and

not once had we been hit.

An informal fallacy in which a question is asked
The moon was full on Thursday. I overslept
in such a way as to presuppose the truth of
on Friday morning. Therefore, the full
some conclusion buried in the question
moon caused me to oversleep.
An informal fallacy that occurs when a single
Efren Bata Reyes lost the tournament
question that is really two or more questions is
because he took a bath prior to the final

game.
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4.3. Petitio Precipii (Begging the Question)
Request for the Source
The informal fallacy of begging the question; an
argument in which the conclusion is assumed in
one of the premises.
An informal fallacy that occurs when the arguer
creates the illusion that inadequate premises
provide adequate support for the conclusion – by
leaving out a key premise by restating the
conclusion as a premise, or by reasoning in a
circle.
> occurs when one assumes the truth of what he
seeks to prove in the very effort to prove it
> committed when the arguer creates the
illusion that inadequate premises provide
adequate support for the conclusion by leaving
out a key premise, restarting a possibly false
premise as the conclusion, or reasoning in circle.
Ex:
The Bible affirms that it is inerrant. Whatever it
says is true. Therefore, the Bibleis inerrant.
I have a right to say what I want, therefore you
have no right to silence me.
4.4. Ignorantio Elenchi (Missing the Point;
Irrelevant Conclusion)
A fallacy in which the premises support different
conclusion from the one that is proposed.
An informal fallacy committed when one refutes,
not the thesis one’s interlocutor is advancing,
but some different thesis that one mistakenly
imputes to him or her.
- occurs when the premise of an argument entails
one particular conclusion but a completely
different conclusion is actually drawn
> often arises when a particular objective is
advocated but only a generalized support is
offered that could support an alternative
approach
> the arguer is ignorant of the logical
implications of his premises that results to a
conclusion that entirely misses the point of
the issue
Ex:
Cheating during examinations is becoming very
rampant. Therefore, examinations must be
abolished so that students will not anymore
engage in cheating.
My grandmother wants to retire in the province
where real property taxes are low. She is
thinking of Batangas, but real property taxes are
quite high there. Therefore, she should not retire
in Batangas but in Cavite.
4.5. Accident (Sweeping Generalization)
An informal fallacy committed when a
generalization is applied to individual cases that it
does not properly govern.
An informal fallacy that occurs when a general
rule is wrongly applied to a specific case in the
conclusion.
> the mistake often lies in failing to recognize
that there may be exceptions to a general rule
> a result of careless or
deliberately deceptive use of
generalizations
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Ex: This infant milk is found to be best for babies.

Jogging is good for the health. Therefore, a Therefore, the said milk is best for everybody,

person with heart disease could improve his including adults.

health by jogging. Two of my friends are Ilocanos and they are both

The Constitution guarantees freedom of speech. thrifty. Therefore, all Ilocanos are thrifty.

Therefore, my client cannot be

held liable for what she said. 4.7. False Dilemma

Sixty men can do a job sixty times as quickly as > also called as “false dichotomy”

one man. One man can dig apost-hole in sixty > occurs when an argument is built upon the

seconds. Therefore, sixty men can dig a hole in assumption that there are only two choices or

one second. possible outcomes when actually there are several

Ilocanos are thrifty. He is an Ilocano. Therefore, > The argument is actually valid, but since the

he is thrifty. disjunctive premise is false or probably false, the

argument is typically unsound.

4.6. Converse Accident (Hasty Generalization)

An informal fallacy committed when one moves Ex:

carelessly or too quickly from individual cases to a Either a Creator brought the universe into

generalization existence or it came out of nothing. Nothing

An informal fallacy that occurs when a general comes from nothing. Therefore, a Creator

conclusion is drawn from atypical specific cases. brought the universe into existence.

> opposite of fallacy of accident; a mistaken use Either you are a fan of Aldub or Pastillas Girl.

of inductive reasoning > committed when one You like the Adlub page. Therefore, you are an

establishes a broad principle or general rule based Aldub fan.

on specific factual observations Japan will support either China or the Philippines

> occurs when one argues that what is true of a in the territorial disputes. The Prime Minister of

few members of a class must also be true of all Japan had a meeting with the Philippine

the members of that class President. Therefore, Japan will support the

Philippines in the dispute.

Ex:

Babae kasi kaya nabunggo. 5. Fallacies of Ambiguity

The recent bar topnotcher is a Bedan graduate.

Any fallacy caused by a shift in or confusion of
Therefore, all Bedan graduates will top the bar
meaning within an argument
exam.
A group of informal fallacies that occur because

of an ambiguity in the premises or conclusion.

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> committed when the conclusion of an than one way; the argument contains a premise

argument depends on a shift in meaning of an based upon one interpretation, while the

ambiguous word or phrase, or on the wrong conclusion relies on a different interpretation.

interpretation of an ambiguous statement An informal fallacy that occurs when the

> Appear to support their conclusions only due conclusion of an argument depends on the

to the imprecise use of language. misinterpretation of a statement that is

Once terms are clarified, fallacies of ambiguity are ambiguous owing to some structural defect.

exposed. > amphiboly means “indeterminate;” it’s an

ambiguity that results from ambiguous grammar

5.1 Equivocation > An amphibologous statement may be true in

one interpretation and false in another. This

A fallacy in which two or more meanings of a
error is due to a lack of verbal clarity because
word or phrase are used in different parts of an
of a grammatical error.
argument
Ex:
An informal fallacy that occurs because some
The anthropologists went to a remote area and
word or group of words are used either to
took photographs of some native women, but
implicitly or explicitly in two different senses.
they were not developed.
> committed when the same word or phrase is
A reckless motorist struck and injured a student
used in different senses within one line argument
who was jogging through campus in his pick-up
> Equivocation alone is not fallacious; It is only
truck. Therefore, it is unsafe to jog in your pick-
when an equivocal word or phrase makes an
up truck.
unsound argument appear sound.
To be repaired: the rocking chair of an old lady
Ex:
with two broken legs.
All banks are beside rivers. Therefore, the bank

where I deposit my money is beside a river. 5.3. Accent

Jesus is the Word of God. The Bible is the Word

of God. Therefore, Jesus is the Bible. An informal fallacy committed when a term or

Plato says the end of a thing is its perfection. I phrase has a meaning in the conclusion of an

say that death is the end of life. Hence, death is argument different from its meaning in one of

the perfection of life. the premises; the difference arising chiefly from

the change in emphasis given to the words used.

5.2. Amphiboly A fallacy in which a phrase is used to convey

two different meanings within an argument and

A fallacy in which a loose or awkward
the difference is based on changes in emphasis
combination of words can be interpreted in more
given to words within the phrase.
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> This kind of fallacy depends evidence may have proven guilt beyond reasonable

on where the stress is placed doubt.

on a word or sentence. The individual parts of a large tractor are

Ex: lightweight. Therefore, the entire

I resent that letter. machine is lightweight.

Jorge turned in his assignment on time today.

Therefore, Jorge usually turns in his assignments 5.5. Division

late.
A fallacy in which a mistaken inference is drawn

5.4. Composition from the attributes of a whole to the attributes

of the parts of the whole

An informal fallacy in which an argument An informal fallacy that occurs when the

erroneously assigns attribute to a whole (or a conclusion of an argument depends on the

collection) based on the fact that parts of that erroneous transference of an attribute from a

whole (or member of that collection) have those whole (or class) onto its parts (or members)

attributes. > a deductive error; argues that what is true

A fallacy in which an inference is mistakenly of the whole must be true of individual parts

drawn from the attributes of the parts of a Ex:

whole to the attributes of the whole The Archdiocese of Borongan is almost 100 years

An informal fallacy that occurs when the old. Fr. Neil is a priest of the Archdiocese of

conclusion of an argument depends on the Borongan. Therefore, Fr. Neil is almost 100 years

erroneous transference of an attribute from the old.

parts of something onto the whole. ABC and Associates is an immoral law firm that

> an inductive error; argues that what is engages in unethical practices.

true to parts of the whole is true to the Atty. Juan is employed at ABC and

whole itself Associates. Therefore, Atty. Juan is immoral.

Ex: Pedro is an employee of an influential company.

Every course I took in college was well-organized. Therefore, Pedro is influential.

Therefore, my college education was well-

organized. 6. Definition

The prosecution offered nothing but

An expression in which one word or set of
circumstantial pieces of evidence. Therefore, my
symbols (the definiens) is provided, which is
client’s guilt has not been proven beyond
claimed to have the same meaning as the
reasonable doubt. (the totality of the pieces of
definiendum, the word or symbol defined.

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 A group of words that assigns a meaning to a
word or group of words
DEFINIENS – in any definition, a symbol or
group of symbols that is set to have the same
meaning as the definiendum.
- In any definition, the word or group of
words that do the defining
- DEFINIENDUM – in a definition, the
word or symbol is defined
- in a definition, the word or group of
words that are proposed to be defined.
6.1. Stipulative Definition
A definition in which a new symbol is introduced
to which some meaning is arbitrarily assigned, as
opposed to a lexical definition, a stipulative
definition cannot be correct or incorrect.
A definition that assigns a meaning to a word
for the first time.
> If accepted, a stipulative definition creates a
usage that had never existed previously.
Ex:
Let us define MBA as married but available.
I suggest using apatheist to refer to people who
are apathetic to the question of the existence of
any gods.
6.2. Lexical (Real) Definition
A definition that reports a meaning the
definiendum (the term to be explained) already
has and thus a definition that can usually be
judged correct or incorrect.
A definition intended to report the way a
word is actually used in a language,usually
found in a dictionary; the goal is to inform
someone else of the accepted meaning of the
term
Ex:
Prime numbers refer to any integer divisible only
by 1 and itself.
Religion is defined as the belief in a superhuman
controlling power.
6.3. Precising Definition
A definition devised to eliminate vagueness by
delineating a concept more sharply
A definition intended to reduce the vagueness of
a word
> Though there is an element of stipulation, it
is not a pure stipulative definition. It must
remain to a connected established usage; one is
not free to assign whatever meaning. But it
incorporates additional attributes that narrows
the term’s scope.
Ex:
Bus companies are mandated to give discounts to
old people. An old person is any person of age
65 or above.
If by language, we refer to any system of
communication, then birds and other animals do
make use of language.
6.4. Theoretical Definition
A definition that encapsulates an understanding
of the theory in which that term is a key
element
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A definition that assigns a meaning to a word by Abortion is the ruthless murdering of innocent

suggesting a theory that gives a certain human beings.

characterization to the entities that the term Techniques for Defining Terms

denotes. > Theoretical definitions are special cases Denotative Definition (Extension)

of stipulative or précising definition, distinguished

- A definition that identifies the
by their attempt to establish the use of a term
extension of a term, by (for example) listing
within the context of a broader intellectual
the members of the class of objects to which
framework.
the term refers; the members of that class are
Ex:
thus denoted.
Cancer is an abnormal growth of cells which tend

to proliferate in anuncontrolled way and, in some - A class definition that assigns a

cases, to metastasize. meaning to a term by indicating the members of

Love, according to Platonism, is a non-sexual the class that the term denotes.

relationship betweenheterosexual friends. 1. Definition by examples

Heat means the energy associated with the 2. Ostensive (Demonstrative) Definition

random motion of the molecules ofa substance.

- A kind of denotative definition in which
6.5. Persuasive Definition
the objects denoted by the term being defined
A definition formulated and used to resolve a
are referred to by means of pointing, or with
dispute influencing attitudes or stirring
some other gesture; sometimes called a
emotions, often relying upon the use of emotive
demonstrative definition.
language.

A definition intended to engender a favorable or

- A definition that assigns a meaning to

a word by pointing to members of the class that

unfavorable attitude toward what is denoted by
the word denotes.
the definiendum.
3. Quasi-Ostensive Definition
> an attempt to attach emotive meaning to
- A variety of denotative definition that relies
the use of a term > can be judged true or false,
upon gesture, in conjunction with a descriptive
but what matters is its effectiveness Ex:
phrase.
Taxation is the procedure of raising government
4. Subjective Intension
revenues to preserve and
- The set of all attributes that the speaker
sustain public needs.
believes to be possessed by objects denoted by a
Taxation is the procedure used by bureaucrats to
given term.
rip off the people and infringeupon their private
5. Objective Intension
property.
- The total set of attributes shared by all the

objects in the extension of a term.

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6. Conventional Intension
- The commonly accepted intension of a term;
the criteria generally agreed upon for deciding,
with respect to any object, whether it is part
of the extension of that term.
Intentional Definition
- A definition that assigns a meaning to a
word by indicating the qualities or attributes
that the word connotes.
Synonymous Definition
- A kind of connotative def in which a
word, phrase or symbol is defined in terms of
another word, phrase or symbol hat has the
same meaning and is already understood.
Operational Definition
- A kind of connotative def that states
that the term to be defined is correctly applied
to a given case if and only if the performance of
the specified operations in that case yields a
specified result.
Definition by Genus and Difference
- A type of connotative definition of
which a term that first identifies the larger class
(genus) of which the definiendum is a species or
subclass, and then identifies the attribute
(difference) that distinguishes the members of
that species from members of all other species in
that genus.
> The advantage of this method is that it not
only conveys the meaning of the word but also
gives an analysis of the characteristics of the
phenomenon itself.
6.6. Denotation (Extension) and Connotation
(Intension) Ex: -Denotation
An ocean is a body of water such as the Pacific,
Atlantic, Indian, Antarctic, and Arctic bodies of
water.
A ship may be a cargo ship, passenger ship,
battle ship, or sailing ship.
Inventors, like Thomas Edison, Alexander Graham
Bell, and the Wrightbrothers, create new objects.
-Connotation
A dog is a member of the canine family that has
four legs and the ability to bark.
A ship is a vehicle for conveyance of water.
An inventor is a clever, intuitive, creative, and
imaginative person.
6.7. Definition by Genus and Difference Ex:
A chair is a piece of furniture designed to be sat
upon by one person at a time.
Humans are rational animals.
Daughter means a female offspring.
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