Question

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Jason Mathias

Is there a filing lawsuit fallacy?

One fallacious argument that I have been seeing lately on social media is this: 

Person A claims X is true. 

Person B claims person A is lying. 

Person B claims that a lawsuit has been filed against person A for making claim X. 

Therefore, person A is lying and claim x is false. 

 

Anyone can file a lawsuit for optics. Just because a lawsuit was filed does not mean X is true or false and is not evidence for anything other than a lawsuit was filed. 

An example would be: "The vaccines are harmful. Follow Dr. Fauci and Bill Gates and see where that leads, there are law suits against both of them over this"

asked on Saturday, Jan 01, 2022 04:49:57 PM by Jason Mathias

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Bo Bennett, PhD writes:

No, but perhaps there should be. I think this is common enough. Similarly and perhaps more broadly, people fallaciously believe that being accused of a crime is the same as being guilty of a crime. The "new normal" = guilty until proven innocent. Disturbing.

posted on Saturday, Jan 01, 2022 06:19:32 PM
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Bo Bennett, PhD writes:

An analogous example is, "X said asomthing that is demonstrably not true, therefore  X lied." It maybe a falsehood,  but unless it was intended to deceive, it is not a lie.

posted on Sunday, Jan 02, 2022 05:52:35 PM

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Answers

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Mchasewalker
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Well, yes, it was originally discerned by Oliver Wendall Holmes who wrote: 

“THE LIFE OF THE LAW HAS NOT BEEN LOGIC; IT HAS BEEN EXPERIENCE.

In other words Law Does not always conform or indicate logic. 

answered on Saturday, Jan 01, 2022 09:28:17 PM by Mchasewalker

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account no longer exists writes:

And Holmes also opined that, in law, "Certainty generally is illusion, and repose is not the destiny of man." That, certainly, is true.

posted on Sunday, Jan 02, 2022 05:59:00 PM