Criminal Law: R v Johnson Case Analysis

What is the main difference between sentence (1) and sentence (1*)?

Sentence (1) is a universal sentence while sentence (1*) is a particular sentence.

What is the form of the sentence 'For every x: if x is a reasonable person, then x is a person who would have foreseen that the act would in all probability injure someone else'?

Universal sentence

What is the name of the argument form that combines a universal premise and a particular premise, commonly used in legal reasoning?

Legal syllogism

What is the difference between internal and external justification in a legal syllogism?

Internal justification concerns the relation between the premises and the conclusion, while external justification concerns the evidence presented by parties. Signup and view all the answers

What is the main point of Blackstone's declaratory theory of law?

Judges do not make law, but rather maintain and expound the existing law. Signup and view all the answers

What is the purpose of giving reasons in an argument?

To provide justification for the conclusion. Signup and view all the answers

What is the term for the process of reasoning that involves multiple inferential steps?

Argumentative chain Signup and view all the answers

What is the principle of charity, in the context of argumentation?

The principle of assuming the best about one's opponent. Signup and view all the answers

What is the term for the fallacy of assuming that there are only two options, when in fact there are more?

False dichotomy Signup and view all the answers

What is the name of the fallacy that involves misrepresenting or exaggerating an opponent's position?

Straw man fallacy Signup and view all the answers

What is the primary difference between content-independent reasons and substantive reasons?

Content-independent reasons are based on the authority of the person, while substantive reasons are based on the merits of the action or belief. Signup and view all the answers

What type of authority provides reasons for belief?

Theoretical authority Signup and view all the answers

What is the primary purpose of an argument from authority?

To establish a conclusion by appealing to the fact that someone regarded as an authority said or agreed with it. Signup and view all the answers

What is the primary difference between an argument from authority and an argument by analogy?

An argument from authority relies on the authority of the person, while an argument by analogy relies on the similarities between two cases. Signup and view all the answers

What is the primary purpose of the doctrine of binding precedent?

To establish a conclusion by appealing to the idea of sameness between two cases. Signup and view all the answers

What is the primary structure of an argument by analogy?

Identifying characteristics that both the source and target have, as well as further characteristics that the source has but not the target. Signup and view all the answers

What is the primary difference between an argument by analogy and an argument from authority?

An argument by analogy relies on the similarities between two cases, while an argument from authority relies on the authority of the person. Signup and view all the answers

What is the primary purpose of canons of construction?

To provide a framework for interpreting statutes and regulations. Signup and view all the answers

What is the primary difference between a content-independent reason and a content-dependent reason?

A content-independent reason is based on the authority of the person, while a content-dependent reason is based on the merits of the action or belief. Signup and view all the answers

What is the primary purpose of modus ponendo tollens?

To deny something by asserting something else. Signup and view all the answers

In the argument reconstruction of R v Johnson, what is the relationship between the two reasons presented by the judge?

They are presented as alternative and independent reasons. Signup and view all the answers

What is the fallacy committed when an argument presents two reasons that are not jointly sufficient to support the conclusion?

Fallacy of Irrelevant Conclusion Signup and view all the answers

What is the principle of charity in argument reconstruction?

Assuming the argument is valid unless proven otherwise. Signup and view all the answers

What is the difference between a conclusive reason and a pro tanto reason?

A conclusive reason is not open to being outweighed, while a pro tanto reason is open to being outweighed. Signup and view all the answers

What is the function of a pro tanto reason in an argument?

To count in favor of the conclusion, but not necessarily determine it. Signup and view all the answers

What is the term for a reason that remains a reason even if it is outweighed by countervailing considerations?

Prima facie reason Signup and view all the answers

What is the fallacy of circular reasoning?

Presenting a reason that assumes the truth of the conclusion. Signup and view all the answers

What is the function of the conditional premise in an argument?

To link the reason to the conclusion. Signup and view all the answers

What is the difference between a sufficient reason and a conclusive reason?

A sufficient reason is a reason that is strong enough to support the conclusion, while a conclusive reason is a reason that is not open to being outweighed. Signup and view all the answers

What is the purpose of reconstructing an argument?

To evaluate the strength of the argument. Signup and view all the answers