Layug, Michaella Claire P.

Legal Techniques and Logic

PROPOSITIONS AND ARGUMENTS EXERCISES

Identify the premises and conclusions in the following passages. Some premises do support
the conclusion, others do not. Note that premises may support conclusions directly or
indirectly and that even simple passages may contain more than one argument.

EXAMPLE

1. A well-regulated militia being necessary to the security of a free state, the right of the
people to keep and bear arms shall not be infringed.
—The Constitution of the United States, Amendment 2

SOLUTION
Premise: A well-regulated militia is necessary for the security of a free state.
Conclusion: The right of the people to keep and bear arms shall not be infringed.

2. What stops many people from photocopying a book and giving it to a pal is not integrity
but logistics; it's easier and inexpensive to buy your friend a paperback copy. —Randy
Cohen, The New York Times Magazine, 26 March 2000

Premise: What stops many people from photocopying a book and giving it to a pal is not
integrity but logistics
Conclusion: It's easier and inexpensive to buy your friend a paperback copy

3. Thomas Aquinas argued that human intelligence is a gift from God and therefore "to apply
human intelligence to understand the world is not an affront to God, but is pleasing to him."
—Recounted by Charles Murray in Human Accomplishment (New York: HarperCollins,
2003)

Premise: Thomas Aquinas argued that human intelligence is a gift from God
Conclusion: to apply human intelligence to understand the world is not an affront to God,
but is pleasing to him

4. Sir Edmund Hillary is a hero, not because he was the first to climb Mount Everest, but
because he never forgot the Sherpas who helped him achieve this impossible feat. He
dedicated his life to helping build schools and hospitals for them. —Patre S. Rajashekhar,
"Mount Everest," National Geographic, September 2003

Premise: (1) But because he never forgot the Sherpas who helped him achieve this
impossible feat (2) He dedicated his life to helping build schools and hospitals for them
Conclusion: Sir Edmund Hillary is a hero
5. Standardized tests have a disparate racial and ethnic impact; white and Asian students
score, on average, markedly higher than their black and Hispanic peers. This is true for
fourth-grade tests, college entrance exams, and every other assessment on the books. If a
racial gap is evidence of discrimination, then all tests discriminate. —Abigail Thernstrom,
"Testing, the Easy Target," The New York Times, 15 January 2000

Premise: (1) Standardized tests have a disparate racial and ethnic impact; white and Asian
students score, on average, markedly higher than their black and Hispanic peers (2) This is
true for fourth-grade tests, college entrance exams, and every other assessment on the books
Conclusion: If a racial gap is evidence of discrimination, then all tests discriminate

6. Good sense is, of all things in the world, the most equally distributed, for everybody thinks
himself so abundantly provided with it that even those most difficult to please in all other
matters do not commonly desire more of it than they already possess. —Rene Descartes, A
Discourse on Method, 1637

Premise: Everybody thinks himself so abundantly provided with it that even those most
difficult to please in all other matters do not commonly desire more of it than they already
possess
Conclusion: Good sense is, of all things in the world, the most equally distributed

7. When Noah Webster proposed a Dictionary of the American Language, his early 19th-
century critics presented the following argument against it: "Because any words new to the
United States are either stupid or foreign, there is no such thing as the American language;
there's just bad English." —Jill Lepore, "Noah's Mark," The New Yorker, 6 November 2006

Premise: Because any words new to the United States are either stupid or foreign
Conclusion: There is no such thing as the American language; there's just bad English

8. The death penalty is too costly. In New York State alone taxpayers spent more than $200
million in our state's failed death penalty experiment, with no one executed. In addition to
being too costly, capital punishment is unfair in its application. The strongest reason remains
the epidemic of exonerations of death row inmates upon post-conviction investigation,
including ten New York inmates freed in the last 18 months from long sentences being served
for murders or rapes they did not commit. —L. Porter, "Costly, Flawed Justice," The New
York Times, 26 March 2007

Premise: (1) In New York State alone taxpayers spent more than $200 million in our state's
failed death penalty experiment, with no one executed (2) The strongest reason remains the
epidemic of exonerations of death row inmates upon post-conviction investigation, including
ten New York inmates freed in the last 18 months from long sentences being served for
murders or rapes they did not commit
Conclusion: The death penalty is too costly
9. Houses are built to live in, not to look on; therefore, let use be preferred before uniformity.
—Francis Bacon, "Of Building," in Essays, 1597

Premise: Houses are built to live in, not to look on

10. To boycott a business or a city [as a protest] is not an act of violence, but it can cause
economic harm to many people. The greater the economic impact of a boycott, the more
impressive the statement it makes. At the same time, the economic consequences are likely to
be shared by people who are innocent of any wrongdoing, and who can ill afford the loss of
income: hotel workers, cab drivers, restaurateurs, and merchants. The boycott weapon ought
to be used sparingly, if for no other reason than the harm it can cause such bystanders. —
Alan Wolfe, "The Risky Power of the Academic Boycott,"
The Chronicle of Higher Education, 17 March 2000

Premise: (1) The greater the economic impact of a boycott, the more impressive the
statement it makes (2) At the same time, the economic consequences are likely to be shared
by people who are innocent of any wrongdoing, and who can ill afford the loss of income:
hotel workers, cab drivers, restaurateurs, and merchants.
Conclusion: To boycott a business or a city [as a protest] is not an act of violence, but it can
cause economic harm to many people

11. Ethnic cleansing was viewed not so long ago as a legitimate tool of foreign policy. In the
early part of the 20th century forced population shifts were not uncommon; multicultural
empires crumbled and nationalism drove the formation of new, ethnically homogenous
countries. —Belinda Cooper, "Trading Places," The New York Times Book Review, 17
September 2006

Premise: In the early part of the 20th century forced population shifts were not uncommon;
multicultural empires crumbled and nationalism drove the formation of new, ethnically
homogenous countries.
Conclusion: Ethnic cleansing was viewed not so long ago as a legitimate tool of foreign
policy

12. If a jury is sufficiently unhappy with the government's case or the government's conduct,
it can simply refuse to convict. This possibility puts powerful pressure on the state to behave
properly. For this reason, a jury is one of the most important protections of a democracy. —
Robert Precht, "Japan, the Jury," The New York Tunes, 1 December 2006

Premise: (1) If a jury is sufficiently unhappy with the government's case or the government's
conduct, it can simply refuse to convict (2) This possibility puts powerful pressure on the
state to behave properly
Conclusion: A jury is one of the most important protections of a democracy
13. Without forests, orangutans cannot survive. They spend more than 95 percent of their
time in the trees, which, along with vines and termites. provide more than 99 percent of their
food. Their only habitat is formed by the tropical rain forests of Borneo and Sumatra. —
Birute Galdikas, "The Vanishing Man of the Forest," The New York Times

Premise: (1) They spend more than 95 percent of their time in the trees, which, along with
vines and termites. provide more than 99 percent of their food (2) Their only habitat is
formed by the tropical rain forests of Borneo and Sumatra
Conclusion: Without forests, orangutans cannot survive

14. Omniscience and omnipotence are mutually incompatible. If God is omniscient, he must
already know how he is going to intervene to change the course of history using his
omnipotence. But that means he can't change his mind about his intervention, which means
he is not omnipotent. —Richard Dawkins, The God Delusion (New York: Houghton Mifflin,
2006)

Premise: (1) If God is omniscient, he must already know how he is going to intervene to
change the course of history using his omnipotence (2) But that means he can't change his
mind about his intervention, which means he is not omnipotent
Conclusion: Omniscience and omnipotence are mutually incompatible

15. Reason is the greatest enemy that faith has; it never comes to the aid of spiritual things,
but more frequently than not struggles against the divine Word, treating with contempt all
that emanates from God. —Martin Luther, Last Sermon in Wittenberg, 17 January 1546

Premise: It never comes to the aid of spiritual things, but more frequently than not struggles
against the divine Word, treating with contempt all that emanates from God
Conclusion: Reason is the greatest enemy that faith has

ARGUMENTS AND EXPLANATIONS EXERCISE

Some of the following passages contain explanations, some contain arguments, and some
may be interpreted as either an argument or an explanation. What is your judgment about the
chief function of each passage? What would have to be the case for the passage in question to
be an argument? To be an explanation? Where you find an argument, identify its premises
and conclusion. Where you find an explanation, indicate what is being explained and what
the explanation is.

EXAMPLE
1. Humans have varying skin colors as a consequence of the distance our ancestors lived
from the Equator. It's all about sun. Skin color is what regulates our body's reaction to the sun
and its rays. Dark skin evolved to protect the body from excessive sunrays. Light skin
evolved when people migrated away from the Equator and needed to make vitamin D in their
skin. To do that they had to lose pigment. Repeatedly over history, many people moved dark
to light and light to dark. That shows that color is not a permanent trait. —Nina Jablonski,
"The Story of Skin," The New York Times, 9 January 2007

SOLUTION
This is essentially an explanation. What is being explained is the fact that humans have
varying skin colors. The explanation is that different skin colors evolved as humans came to
live at different distances from the Equator and hence needed different degrees of protection
from the rays of the sun. One might interpret the passage as an argument whose conclusion is
that skin color is not a permanent trait of all humans. Under this interpretation, all the
propositions preceding the final sentence of the passage serve as premises.

2. David Bernstein [in Only One Place of Redress: African Americans, Labor Regulations,
and the Courts from Reconstruction to the New Deal, 2001] places labor laws at the center of
the contemporary plight of black Americans. Many of these ostensibly neutral laws (e.g.,
licensing laws, minimum-wage laws, and collective bargaining laws) were either directly
aimed at stymieing black economic and social advancement or, if not so aimed, were quickly
turned to that use. A huge swath of the American labor market was handed over to labor
unions from which blacks, with few exceptions, were totally excluded. The now longstanding
gap between black and white unemployment rates dates precisely from the moment of
government intervention on labor's behalf. In short (Bernstein argues) the victories of
American labor were the undoing of American blacks. —Ken I. Kirsch, "Blacks and
Labor—the Untold Story," The Public Interest, Summer 2002

SOLUTION
Premise: (1) David Bernstein places labor laws at the center of the contemporary plight of
black Americans (2) Many of these ostensibly neutral laws were either directly aimed at
stymieing black economic and social advancement or, if not so aimed, were quickly turned to
that use (3) A huge swath of the American labor market was handed over to labor unions
from which blacks, with few exceptions, were totally excluded (4) The now longstanding gap
between black and white unemployment rates dates precisely from the moment of
government intervention on labor's behalf
Conclusion: The victories of American labor were the undoing of American blacks

3. Animals born without traits that led to reproduction died out, whereas the ones that
reproduced the most succeeded in conveying their genes to posterity. Crudely speaking, sex
feels good because over evolutionary time the animals that liked having sex created more
offspring than the animals that didn't. —R. Thornhill and C. T. Palmer, "Why Men Rape,"
The Sciences, February 2000

SOLUTION
What is being explained is the difference between animals born without traits that led to
reproduction and those that were born with such traits. Thus the explanation is that animals
who are born with traits leading to the need to reproduce produced more of their kind while
those who were born without, died out.

4. Changes are real. Now, changes are only possible in time, and therefore time must be
something real. —Immanuel Kant, Critique of Pure Reason (1781), "Transcendental
Aesthetic," section II

SOLUTION
Premise: (1) Changes are real (2) Now, changes are only possible in time
Conclusion: Time must be something real

5. The nursing shortage in the United States has turned into a full-blown crisis. Because
fewer young people go into nursing, one-third of registered nurses in the United States are
now over 50 years of age, and that proportion is expected to rise to 40 percent over the next
decade. Nurses currently practicing report high rates of job dissatisfaction, with one in five
seriously considering leaving the profession within the next five years . . . Hospitals routinely
cancel or delay surgical cases because of a lack of nursing staff. —Ronald Dworkin, "Where
Have All the Nurses Gone?" The Public Interest, Summer 2002

SOLUTION
What is being explained is the nursing shortage in the United States which has turned into a
full-blown crisis. The explanation provides that this is because fewer young people go into
nursing, one-third of registered nurses in the United States are now over 50 years of age, and
that proportion is expected to rise to 40 percent over the next decade. Furthermore, nurses
currently practicing report high rates of job dissatisfaction, with one in five seriously
considering leaving the profession within the next five years thus, hospitals routinely cancel
or delay surgical cases because of a lack of nursing staff.

6. To name causes for a state of affairs is not to excuse it. Things are justified or condemned
by their consequences, not by their antecedents. —John Dewey, "The Liberal College and
Its Enemies," The Independent, 1924

SOLUTION
Premise: Things are justified or condemned by their consequences, not by their antecedents
Conclusion: To name causes for a state of affairs is not to excuse it

7. One may be subject to laws made by another, but it is impossible to bind oneself in any
matter which is the subject of one's own free exercise of will. ... It follows of necessity that
the king cannot be subject to his own laws. For this reason [royal] edicts and ordinances
conclude with the formula, "for such is our good pleasure." —Jean Bodin, Six Books of the
Commonwealth, 1576
SOLUTION
What is being explained is that one maybe subject to laws made by another, but it is
impossible to bind oneself in any matter which is the subject of one's own free exercise of
will. In explaining such statement, the author provides the analogy that the king cannot be
subject to his own laws. This being provided, the formula: "for such is our good pleasure" is
used for conclusions by royal edicts and ordinances.

8. I like Wagner's music better than anybody's. It is so loud that one can talk the whole time
without people hearing what one says. —Oscar Wilde, The Picture of Dorian Gray, 1891
Basic Logical Concepts

SOLUTION
This is an explanation of the author for his claim that he likes Wagner's music better than
anybody's. He explained that it is so loud that one can talk the whole time without people
hearing what one says, thus his preference.

9. Three aspects of American society in recent decades make cheating more likely. First,
there is the rise of a market-drenched society, where monetary success is lauded above all
else. Second, there is the decline of religious, communal, and family bonds and norms that
encourage honesty. Finally, there is the absence of shame by those public figures who are
caught in dishonest or immoral activities. No wonder so many young people see nothing
wrong with cutting corners or worse. —Howard Gardner, "More Likely to Cheat," The New
York Times, 9 October 2003

SOLUTION
This is an explanation of aspects of American society in recent decades which contribute to
the likelihood of cheating. The author provides three main aspects: First, there is the rise of a
market-drenched society, where monetary success is lauded above all else. Second, there is
the decline of religious, communal, and family bonds and norms that encourage honesty.
Thirdly, there is the absence of shame by those public figures who are caught in dishonest or
immoral activities.

10. Love looks not with the eyes, but with the mind; And therefore is wing'd Cupid painted
blind. —William Shakespeare, A Midsummer Night's Dream, act 1, scene 1

SOLUTION
Premise: Love looks not with the eyes, but with the mind
Conclusion: Wing'd Cupid painted blind

11. An article in The New York Times, "Why Humans and Their Fur Parted Ways,"
suggested that the fact that women have less body hair than men is somehow related to
greater sexual selection pressure on women. A reader responded with the following letter:
Here is an elaboration for which I have no evidence but it is consistent with what we think we
know: sexual selection has probably strongly influenced numerous traits of both sexes.
Youthful appearance is more important to men when selecting a mate than it is to women.
The longer a woman can look young, the longer she will be sexually attractive and the more
opportunities she will have to bear offspring with desirable men. Hairlessness advertises
youth. Hence a greater sexual selection pressure on women to lose body hair. —T. Doyle,
"Less Is More," The New York Times, 26 August 2003

SOLUTION
Premise: (1) Sexual selection has probably strongly influenced numerous traits of both sexes
(2) Youthful appearance is more important to men when selecting a mate than it is to women
(3) The longer a woman can look young, the longer she will be sexually attractive and the
more opportunities she will have to bear offspring with desirable men (4) Hairlessness
advertises youth.
Conclusion: A greater sexual selection pressure on women to lose body hair

12. MAD, mutually assured destruction, was effective in deterring nuclear attack right
through the cold war. Both sides had nuclear weapons. Neither side used them, because both
sides knew the other would retaliate in kind. This will not work with a religious fanatic [like
Mahmoud Ah-madinejad. [President of the Islamic Republic of Iran]. For him, mutual
assured destruction is not a deterrent, it is an inducement. We know already that Iran's leaders
do not give a damn about killing their own people in great numbers. We have seen it again
and again. In the final scenario, and this applies all the more strongly if they kill large
numbers of their own people, they are doing them a favor. They are giving them a quick free
pass to heaven and all its delights. —Bernard Lewis, quoted in Commentary, June 2007

SOLUTION
This paragraph is an explanation of why mutually assured destruction was effective in
deterring nuclear attack right through the cold war and why it may not be applied to certain
actualities. It is stated that both sides had nuclear weapons yet, neither side used them,
because both sides knew the other would retaliate in kind. The author uses Mahmoud Ah-
madinejad, President of the Islamic Republic of Iran to provide a contrasting perspective
saying that Mahmoud Ah-madinejad believed mutual assured destruction is not a deterrent,
but an inducement. The author further states that it is known to many that Iran's leaders do
not give a damn about killing their own people in great numbers and such has been seen
again and again. As mentioned: “In the final scenario, and this applies all the more strongly if
they kill large numbers of their own people, they are doing them a favor. They are giving
them a quick free pass to heaven and all its delights”

13. About a century ago, we discovered that planetary orbits are not stable in four or more
dimensions, so if there were more than three space dimensions, planets would not orbit a sun
long enough for life to originate. And in one or two space dimensions, neither blood flow nor
large numbers of neuron connections can exist. Thus, interesting life can exist only in three
dimensions. —Gordon Kane, "Anthropic Questions," Phi Kappa Phi Journal, Fall 2002 22
Basic Logical Concepts
SOLUTION
Premise: (1) About a century ago, we discovered that planetary orbits are not stable in four
or more dimensions (2) so if there were more than three space dimensions, planets would not
orbit a sun long enough for life to originate (3) And in one or two space dimensions, neither
blood flow nor large numbers of neuron connections can exist
Conclusion: Interesting life can exist only in three dimensions

14. Translators and interpreters who have helped United States troops and diplomats now
want to resettle in the United States. They speak many strategically important languages of
their region. The United States does not have an adequate number of interpreters and
translators who are proficient in these languages. Therefore, we need them. Q.E.D. —
Oswald Werner, "Welcome the Translators," The New York Times, 3 November 2007

SOLUTION
Premise: (1) Translators and interpreters who have helped United States troops and
diplomats now want to resettle in the United States (2) They speak many strategically
important languages of their region (3) The United States does not have an adequate number
of interpreters and translators who are proficient in these languages.
Conclusion: We need them (Translators and interpreters)

15. The Treasury Department's failure to design and issue paper currency that is readily
distinguishable to blind and visually impaired individuals violates Section 504 of the
Rehabilitation Act, which provides that no disabled person shall be "subjected to
discrimination under any program or activity conducted by any Executive agency." —Judge
James Robertson, Federal District Court for the District of Columbia, American Council of
the Blind v. Sec. of the Treasury, No. 02-0864 (2006)

SOLUTION
What is being explained is a violation of Section 504 of the Rehabilitation Act which
provides that no disabled person shall be "subjected to discrimination under any program or
activity conducted by any Executive agency.". It is explained that such violation was
constituted by the Treasury Department when it failed to design and issue paper currency that
is readily distinguishable to blind and visually impaired individuals.

16. Rightness [that is, acting so as to fulfill one's duty] never guarantees moral goodness. For
an act may be the act which the agent thinks to be his duty, and yet be done from an
indifferent or bad motive, and therefore be morally indifferent or bad. —Sir W. David Ross,
Foundations of Ethics (Oxford: Oxford University Press, 1939)

SOLUTION
Premise: (1) n act may be the act which the agent thinks to be his duty, and yet be done from
an indifferent or bad motive, and therefore be morally indifferent or bad
Conclusion: Rightness never guarantees moral goodness
17. Man did not invent the circle or the square or mathematics or the laws of physics. He
discovered them. They are immutable and eternal laws that could only have been created by a
supreme mind: God. And since we have the ability to make such discoveries, man's mind
must possess an innate particle of the mind of God. To believe in God is not "beyond reason."
—J. Lenzi, "Darwin's God," The New York Times Magazine, 18 March 2007

SOLUTION
What is being explained is the fact that man did not invent the circle or the square or
mathematics or the laws of physics, but discovered them. The explanation is that they are
immutable and eternal laws that could only have been created by a supreme mind who is
God. Furthermore, since man has the ability to make such discoveries, man's mind must
possess an innate particle of the mind of God. To believe in God is not "beyond reason."

18. Many of the celebratory rituals [of Christmas], as well as the timing of the holiday, have
their origins outside of, and may predate, the Christian commemoration of the birth of Jesus.
Those traditions, at their best, have much to do with celebrating human relationships and the
enjoyment of the goods that this life has to offer. As an atheist I have no hesitation in
embracing the holiday and joining with believers and nonbelievers alike to celebrate what we
have in common. —John Teehan, "A Holiday Season for Atheists, Too," The New York
Times, 24 December 2006

SOLUTION
This is an explanation of the author, who is an atheist, of his willingness to embrace the
holiday and join with believers and nonbelievers alike to celebrate what they have in
common. As an explanation, the author provides that many of the celebratory rituals of
Christmas, as well as the timing of the holiday, have their origins outside of, and may
predate, the Christian commemoration of the birth of Jesus. Those traditions, at their best, are
said to have much to do with celebrating human relationships and the enjoyment of the goods
that this life has to offer

19. All ethnic movements are two-edged swords. Beginning benignly, and sometimes
necessary to repair injured collective psyches, they often end in tragedy, especially when they
turn political, as illustrated by German history. —Orlando Patterson, "A Meeting with
Gerald Ford,” The New York Times, 6 January 2007 Basic Logical Concepts

SOLUTION
Premise: (1) Beginning benignly, and sometimes necessary to repair injured collective
psyches, they often end in tragedy (2) especially when they turn political, as illustrated by
German history
Conclusion: All ethnic movements are two-edged swords

20. That all who are happy, are equally happy, is not true. A peasant and a philosopher may
be equally satisfied, but not equally happy. Happiness consists in the multiplicity of agreeable
consciousness. A peasant has not the capacity for having equal happiness with a philosopher.
—Samuel Johnson, in Boswell's Life of Johnson, 1766

SOLUTION
Premise: (1) A peasant and a philosopher may be equally satisfied, but not equally happy (2)
Happiness consists in the multiplicity of agreeable consciousness (3) A peasant has not the
capacity for having equal happiness with a philosopher
Conclusion: All who are happy, are equally happy, is not true

VALIDITY AND TRUTH EXERCISE

For each of the argument descriptions provided below, construct a deductive argument (on
any subject of your choosing) having only two premises.

1. A valid argument with one true premise, one false premise, and a false conclusion 


Valid
False: All lawyers only practice corporate law
True: Atty. Lao is a lawyer
False: Atty. Lao only practices corporate law

2. A valid argument with one true premise, one false premise, and a true conclusion 


Valid
True: All lawyers are humans
False: All doctors are lawyers
True: All doctors are humans

3. An invalid argument with two true premises and a false conclusion 


Invalid
True: The President of the Philippines must be 40 years of age or older
True: Leni must be 40 years old or older
False: Leni is the President of the Philippines

4. An invalid argument with two true premises and a true conclusion

Invalid
True: All lawyers are members of the IBP
True: Atty. Lao is a member of the IBP
True: Atty. Lao is a lawyer


5. A valid argument with two false premises and a true conclusion 


Valid
False: All senators are liberals
False: Leni is a senator
True: Leni is a liberal

6. An invalid argument with two false premises and a true conclusion 


Invalid
False: All presidents are liberals
False: Leni is the president of the Philippines
True: Leni is a liberal

7. An invalid argument with one true premise, one false premise, and a true conclusion



Invalid
True: All doctors are capable of saving lives
False: All lawyers are doctors
True: All those who are capable of saving lives are doctors

8. A valid argument with two true premises and a true conclusion 


Valid
True: All lawyers are vanguards of truth and justice
True: Atty. Lao is a lawyer
True: Atty. Lao is a vanguard of truth and justice