Abstract

http://ssrn.com/abstract=1445423
 


 



Reductio ad Hitlerum: Trumping the Judicial Nazi Card


Gabriel H. Teninbaum


Suffolk University Law School

2009

Michigan State Law Review, Vol. 2009, p. 541, 2009
Suffolk University Law School Research Paper No. 09-37

Abstract:     
Hitler was a vegetarian, as was Gandhi. Therefore, Gandhi, like Hitler, was evil.

The absurdity of the above statement will be apparent to most readers. Indeed, the ability to understand why these premises do not lead to the conclusion following them is fundamental to being able to understand or perform legal analysis. Nonetheless, judicial opinions commonly include arguments that compare people and institutions with honorable intentions and authority derived from legitimate sources to Hitler, other Nazis or Nazism. For example, in considering whether a Miami police department acted lawfully when it randomly boarded buses and asked passengers for permission to search their bags for drugs, a state court judge reminded readers that Florida was not “Hitler’s Berlin, nor Stalin’s Moscow, [nor]...white supremacist South Africa.” Justice Thurgood Marshall found this language so convincing that he quoted it in a dissenting opinion when the Supreme Court subsequently addressed the legality of this police technique. Dozens of similar examples exist in American judicial opinions.

This article has two goals. First, to analyze the reductio ad hitlerum fallacy, which is a pun of reductio ad absurdum coined by ethicist Leo Strauss for the fallacy that calls on the reader to condemn anything that has a common attribute to Hitler. Second, this article seeks to help readers develop a framework for using the tools of classical logic to analyze arguments and recognize fallacies (including reductio ad hitlerum) as a way to improve legal argumentation and critical thinking.

Number of Pages in PDF File: 39

Keywords: logic, rhetoric, reductio ad hilterum, fallacy, Teninbaum, Suffolk

JEL Classification: K10, K14, K19, K40, K41, K49

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Date posted: August 10, 2009 ; Last revised: November 14, 2011

Suggested Citation

Teninbaum, Gabriel H., Reductio ad Hitlerum: Trumping the Judicial Nazi Card (2009). Michigan State Law Review, Vol. 2009, p. 541, 2009; Suffolk University Law School Research Paper No. 09-37. Available at SSRN: http://ssrn.com/abstract=1445423

Contact Information

Gabriel H. Teninbaum (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States

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