The Language of Argument

2 8 4

cHaP Te r 1 3 ■ F a l l a c i e s o f V a g u e n e s s

This problem admits of no easy solution. Because every line we draw

will seem arbitrary to some extent, a person who holds a middle position

needs to argue that it is better to draw some line— even a somewhat arbitrary

one —than to draw no line at all. The recognition that some line is needed,

and why, can often help us locate the real issues. This is the first step toward

a reasonable position.

Of course, this still does not tell us where to draw the line. A separate ar-

gument is needed to show that the line should be drawn at one point, or in

one area, rather than another. In the law, such arguments often appeal to

value judgments about the effects of drawing the line at one place rather

than another. For example, it is more efficient to draw a line where it is easy

to detect, and drawing the line at one place will provide greater protection

for some values or some people than drawing it at another place. Different

values often favor drawing different lines, and sometimes such arguments

are not available at all. Thus, in the end, it will be difficult to solve many of

these profound and important problems.

Is it unfair for teachers to fail students who get one point out of a hundred less

than others students who pass? Why or why not? Would an alternative grad-

ing system be fairer?

Discussion Question

1992 Farcus Cartoons/LaughingStock Licensing Inc.

97364_ch13_ptg01_273-290.indd 284 15/11/13 11:01 AM

some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materiallyCopyright 201^3 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights,

affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.