Tag Archives: scrivener’s error

Doctrine of absurdity

The doctrine of absurdity refers to any strict interpretation of something to the point of violating common sense, e.g., following religious dictates, such as in pharisaism (emphasizing or observing the something’s exact rules or words, but not its spirit).

The absurdity doctrine, also known as the ‘scrivener’s error‘ exception, is a legal theory under which American courts have interpreted statutes contrary to their plain meaning in order to avoid absurd legal conclusions. It is contrasted with Reductio ad absurdum, reducing to an absurdity, is a method of proof in logic and mathematics, whereby assuming that a proposition is true leads to absurdity; a proposition is assumed to be true and this is used to deduce a proposition known to be false, therefore the original proposition must have been false.

“The common sense of man approves the judgment mentioned by Pufendorf [sic. Puffendorf], that the Bolognian law which enacted ‘that whoever drew blood in the streets should be punished with the utmost severity’, did not extend to the surgeon who opened the vein of a person that fell down in the street in a fit. The same common sense accepts the ruling, cited by Plowden, that the statute of 1st Edward II, which enacts that a prisoner who breaks prison shall be guilty of a felony, does not extend to a prisoner who breaks out when the prison is on fire – ‘for he is not to be hanged because he would not stay to be burnt’.”

It is also an argumentation style in polemics, whereby a position is demonstrated to be false, or “absurd”, by assuming it and reasoning to reach something known to be believed to be false or to violate common sense; e.g., as used by Plato to argue against other philosophical positions.

 

5 Comments

Filed under Logical fallacies