society, namely, to yield a general obedience to the laws therein established; and so necessary is the promise deemed, that if none has actually been made, some additional safety is supposed to be given to the foundations of society by feigning one.
§ 3. Two principal subdivisions of the class of Fallacies of Confusion having been disposed of; there remains a third, in which the confusion is not, as in the Fallacy of Ambiguity, in misconceiving the import of the premises, nor, as in Petitio Principii, in forgetting what the premises are, but in mistaking the conclusion which is to be proved. This is the fallacy of Ignoratio Elenchi, in the widest sense of the phrase; also called by Archbishop Whately the Fallacy of Irrelevant Conclusion. His examples and remarks are highly worthy of citation.
"Various kinds of propositions are, according to the occasion, substituted for the one of which proof is required; sometimes the particular for the universal; sometimes a proposition with different terms; and various are the contrivances employed to effect and to conceal this substitution, and to make the conclusion which the sophist has drawn, answer practically the same purpose as the one he ought to have established. We say, 'practically the same purpose,' because it will very often happen that some emotion will be excited, some sentiment impressed on the mind (by a dexterous employment of this fallacy), such as shall bring men into the disposition requisite for your purpose; though they may not have assented to, or even stated distinctly in their own minds, the proposition which it was your business to establish. Thus if a sophist has to defend one who has been guilty of some serious offense, which he wishes to extenuate, though he is unable distinctly to prove that it is not such, yet if he can succeed in making the audience laugh at some casual matter, he has gained practically the same point. So also if any one has pointed out the extenuating circumstances in some particular case of offense, so as to show that it differs widely from the generality of the same class, the sophist, if he finds himself unable to disprove these circumstances, may do away the force of them, by simply _referring the action to that very class_, which no one can deny that it belongs to, and the very name of which will excite a feeling of disgust sufficient to counteract the extenuation; e.g., let it be a case of peculation, and that many mitigating circumstances have been brought forward which can not be denied; the sophistical opponent will reply, 'Well, but after all, the man is a rogue, and there is an end of it;' now in reality this was (by hypothesis) never the question; and the mere assertion of what was never denied ought not, in fairness, to be regarded as decisive; but, practically, the odiousness of the word, arising in great measure from the association of those very circumstances which belong to most of the class, but which we have supposed to be absent in this particular instance, excites precisely that feeling of disgust which, in effect, destroys the force of the defense. In like manner we may refer to this head all cases of improper appeal to the passions, and every thing else which is mentioned by Aristotle as extraneous to the matter in hand (ἔξω τοῦ πράγματος)."
Again, "instead of proving that 'this prisoner has committed an atrocious fraud,' you prove that the fraud he is accused of is atrocious; instead of proving (as in the well-known tale of Cyrus and the two coats) that the taller boy had a right to force the other boy to exchange coats with him, you prove that the exchange would have been advantageous to both; instead
