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KÁČER, M.: On admissible
use of the ad hominem argument.
Právny obzor, 99,
2016, č. 6, s. 455 – 465.
Abstract.
On admissible use of the ad hominem argument. In this article I deal with the
admissibility of ad hominem argumentation. Firstly, I present logical and
pragmatic reasons why ad hominem argumentation is considered to be fallacious.
Secondly, I propose that in some instances the use of ad hominem arguments is
justifiable. I ground this claim on the observation that people in their
everyday reasoning practice usually distinguish between right and wrong use of
these arguments. Subsequently I proceed to analyse briefly what factors have
impact on the admissibility of ad hominem. Finally, I apply the results of my
analysis to the problem of objecting the judicial bias. My main conclusion is
that if we want to analyse ad hominem argumentation thoroughly we need to
separate its description from its evaluation and consequently when delimiting
this argument we should avoid mentioning that it is necessary fallacious.
Key words:
argument ad hominem, argument ex concessis, recusal, legal logic, theory of
truth, typology of dialogues
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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