Pamela S. Evers, Attorney at Law, © 2009 For University of North Carolina WilmingtonThinking Critically Critical thinking is the ability to analyze and evaluate a problem, argument, or point logically, honestly, and objectively. Ethical decision making requires critical thinkingPamela S. Evers, Attorney at Law, © 2009 For University of North Carolina WilmingtonCritical Thinking Model – Part 1 1. What are the facts? 2. What is the Issue 3. What are the reasons and conclusion? 4. What are the relevant rules of law? These four questions help us understand the basics of a case or court's decisionCritical Thinking Model – Part 2 5. Does the legal argument contain significant ambiguity? 6. What ethical norms are fundamental to the Court's reasoning? 7. How appropriate are the legal analogies? 8. Is there relevant missing information?Critical Thinking Model – Part 2 The foregoing questions help us evaluate the merits of a legal argument or the court's reasoning Argument ClinicFlaws in Critical Thinking Learn to recognize flaws in an argument or decision See: FallaciesNon SequitursA non sequitur is a conclusion that does not follow from the facts In other words, they miss the pointAppeals to PityAppeals to pity obtains support for an argument by focusing on victim’s predicament (often a non sequitur!)False AnalogiesA false analogy is arguing that since a set of facts are similar to another set of facts, the two are alike in other ways Firm X and FirmY are both large Firm X expanded into Europe, so Firm Y should also expand into EuropeFalse AnalogiesCircular Reasoning If person assumes the thing the person is trying to prove, it’s circular reasoning Ex: tell the truth because lying is wrongArgumentum ad PopulumArgumentum ad populum is an emotional appeal to popular beliefs The bandwagon fallacyArgumentum ad BaculumArgumentum ad baculum is using threats or fear to support a position Often occurs in unequal bargaining situationArgumentum ad Hominem Argumentum ad hominem means “argument against the man” and attacks the person, not his or her reasoningPamela S. Evers, Attorney at Law, © 2006 For University of North Carolina WilmingtonArgument from Authority Argument from authority relies on an opinion because of speaker’s status as expert or authority rather than quality of the speaker’s argumentPamela S. Evers, Attorney at Law, © 2006 For University of North Carolina WilmingtonFalse Cause Argument If speaker observes two events and concludes there is a causal link between them when there is no such link, a false cause fallacy has occurredThe Gambler’s Fallacy The gambler’s fallacy results from mistaken belief that independent prior outcomes affect future outcomesAppeals to Tradition If a speaker declares something should be done a certain way because that is the way it has been done in the past, the speaker has made an appeal to traditionReductio ad Absurdum Reductio ad absurdum carries argument to logical end, but does not consider whether it is inevitable or probable result Often called the slippery slope fallacy Example: “Eating fast food causes weight gain. If you are overweight you will die of a heart attack. Fast food leads to heart attacks.”Lure of the NewThe lure of the new argument is the opposite of appeals to tradition because the argument claims since something is new it must be betterSunk Cost Fallacies Sunk cost fallacy is attempt to recover investments (time, $) by spending more “Throwing good money after bad”Applying the Critical Thinking Model to legal analysis involves eight (8) stepsThink about current eventsThe Critical Thinking Model The first 4 steps help us understand how the court's argument fits together1. What are the facts?2. What is the Issue3. What are the reasons and conclusion?4. What are the relevant rules of law?The Critical Thinking Model Last 4 steps help evaluate legal arguments.5. Does the legal argument contain significant ambiguity?6. What ethical norms are fundamental to the Court's reasoning?7. How appropriate are the legal analogies?8. Is there relevant missing information? Next: Business EthicsPamela S. Evers, Attorney at Law, © 2009 For University of North Carolina
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