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Yes, the argument is logically wrong... but logic is not the only mental resource we have to make sense of the world. By example, if we agreed that the truth ca
by crpatino 13y ago
Yes, the argument is logically wrong... but logic is not the only mental resource we have to make sense of the world. By example, if we agreed that the truth can only be called "truth" if it is derived by "logic", there would be no scientific method, and we would still be killing each other with swords because there is no logical way to figure out, let alone unmanned flying devices, but any sort of flying machine heavier than air. Instead, you would be arguing that it is "illogical" for a simple peasant to be able to kill a noble knight that has been training in the art of war for his whole life... so those damned crossbow mercenaries are cheating and ought not to exist.
And for the example you offer, judges' very job description require them to narrow down on a case by case basis, and to make a decision based on the evidence available, beyond reasonable doubt. The ethical principle that requires this to be so is that the asymmetry of power between the individual and the State is so big that it is most fair for the whole process to start with a bias in favor of the individual.
Other situations require a different kind of analysis. And the consequence to apply this level of precision to political analysis is that no analysis (and no criticism to the de-facto policies that are guarantied to emerge anyways in this vacum of knowledge) is ever possible.