The Language of Argument

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cH A Pt eR 5 ■ D e e p A n a l y s i s

it is not the death penalty itself that is unusual or unfair in the relevant sense

when the conditions in premise 7 are met. Instead, the problem is with the

present administration of the death penalty. If so, maybe what we need is

procedural reform instead of abolishing the death penalty itself. Of course,

there are other objections as well as replies to every objection, so the debate

goes on.

The point here is only that reconstructing the argument step by step using

the method outlined in this chapter makes us able to understand the argu-

ment better and to determine more precisely whether and where it is vul-

nerable or not. This method can thereby help opponents understand each

other and deal with their basic disagreements in an intelligent, humane, and

civilized way.

What is the best argument that Justice Stewart could give in support of the

premise that the death penalty “excessively go[es] beyond” what is necessary

for any legitimate and worthwhile purpose? Is this argument adequate to

justify this premise?^ (For one such argument, see Justice Brennan’s opinion in

Furman v. Georgia.)

exercise Xii

To solve a mystery, you need to determine which facts are crucial and then

argue from those facts to a solution. Solve the following mysteries and

reconstruct your own argument for your solution. These stories come from

Five-Minute Whodunits, by Stan Smith (New York: Sterling, 1997). The first

passage introduces our hero:

Even those acquainted with Thomas P. Stanwick are often struck by his

appearance. A lean and lanky young man, he stands six feet two inches tall.

His long, thin face is complemented by a full head of brown hair and a droopy

mustache. Though not husky in build, he is surprisingly strong and enjoys

ruggedly good health. His origins and early life are obscure. He is undeniably

well educated, however, for he graduated with high honors from Dartmouth

College as a philosophy major.^7

MYsteRY 1: A MeRe MAtteR oF DeDUction

Thomas P. Stanwick, the amateur logician, removed a pile of papers from

the extra chair and sat down. His friend Inspector Matthew Walker had just

returned to his office from the interrogation room, and Stanwick thought he

looked unusually weary.

exercise Xiii

Source: Stanley Smith, “A Mere Matter of Deduction,” from Five-Minute Whodunits. Copyright

© 1997 by Stanley Smith. Reprinted with permission of Sterling Publishing Co., Inc., NY, NY.

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