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A System of Logic, Vol. II

Note 33 — Chapter VI · FALLACIES OF RATIOCINATION.

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"An advocate," says Mr. De Morgan (Formal Logic, p. 270), "is sometimes guilty of the argument à dicto secundum quid ad dictum simpliciter: it is his business to do for his client all that his client might honestly do for himself. Is not the word in italics frequently omitted? Might any man honestly try to do for himself all that counsel frequently try to do for him? We are often reminded of the two men who stole the leg of mutton; one could swear he had not got it, the other that he had not taken it. The counsel is doing his duty by his client, the client has left the matter to his counsel. Between the unexecuted intention of the client, and the unintended execution of the counsel, there may be a wrong done, and, if we are to believe the usual maxims, no wrong-doer."

The same writer justly remarks (p. 251) that there is a converse fallacy, à dicto simpliciter ad dictum secundum quid, called by the scholastic logicians, fallacia accidentis; and another which may be called à dicto secundum quid ad dictum secundum alterum quid (p. 265). For apt instances of both, I must refer the reader to Mr. De Morgan's able chapter on Fallacies.

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