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Description: A standard form categorical syllogism that Take a negative conclusion. It asserts that the S
has two negative premises either in the form of no X are class is separated in whole or in part from the P
Y or some X are not Y. class. If both premises are affirmative, no
Logical Form: separation can be established, only connections.
No X are Y. Thus, a negative conclusion cannot follow from
Some Y are not Z. positive premises.
Therefore, some Z are not X. Note: These first four rules working together
indicate that any syllogism with two particular
No X are Y. premises is invalid.
No Y are Z.
Therefore, no Z are X. Rule 5: If both premises are universal, the
Example #1: conclusion cannot be particular.
No kangaroos are MMA fighters. Fallacy: Existential fallacy
Some MMA fighters are not Mormons. Example:
Therefore, some Mormons are not kangaroos.
All mammals are animals
Example #2:
All tigers are mammals
No animals are insects.
Some tigers are animals
Some insects are not dogs.
Therefore, some dogs are not animals. Justification: On the Boolean model, Universal statements
Example #3: make no claims about existence while particular ones do.
No animals are insects. Thus, if the syllogism has universal premises, they
No insects are dogs. necessarily say nothing about existence. Yet if the
Therefore, no dogs are animals. conclusion is particular, then it does say something about
Explanation: Remember why fallacies are so dangerous: existence. In which case, the conclusion contains more
because they appear to be good reasoning. The information than the premises do, thereby making it
conclusion in example #1 makes sense, but it does not invalid.
appellees. The appellants argue that before summons is
The Aristotelian Standpoint issued to the appellees only they (the appellants) can
Any syllogism that violates any of the first four rules is dismiss the action under section 1 of Rule 17 (formerly
invalid from either standpoint. If a syllogism, though, Rule 30) of the Rules of Court, which provides:
violates only rule 5, it is then valid from the Aristotelian Dismissal by the plaintiff . An action may be dismissed
standpoint, provided that the conditional existence is by the plaintiff without order of court by filing a notice of
fulfilled. Thus, in the example above, since tigers exist, dismissal at any time before service of the answer or of a
this syllogism is valid from the Aristotelian point of view. motion for summary judgment. Unless otherwise stated in
On the other hand, consider this substitution the notice, the dismissal is without prejudice, except that a
instance: notice operates as an adjudication upon the merits when
filed by a plaintiff who has once dismissed in a competent
All mammals are animals
court an action based on or including the same claim. A
All unicorns are mammals
class suit shall not be dismissed or compromised without
Some unicorns are animals
the approval of the court.
Since "unicorns" do not exist, the condition is not The appellants overlook the fact that while it is true that
fulfilled, and this syllogism is invalid from either no summons was served on the appellees (because of the
perspective. appellants' own failure to pay the sheriff's fees), the
appellees appeared in court and were in fact required by it
to file a memorandum at the hearing held on November
FELIPE SUNGA, ET AL., petitioners-appellants, 17 on the appellants' prayer for a writ of preliminary
vs. HON. ARSENIO H. LACSON, ET injunction. A defendant's voluntary appearance in an
AL., respondents-appellees. action is equivalent to the service of summons upon
Martin B. Isidro for petitioners-appellants. him.1Nor was that the only time the appellees voluntarily
Asst. City Fiscal Melecio M. Aguayo for respondents- submitted themselves to the jurisdiction of the lower
appellees. court. Their filing of a motion to dismiss (not because of
CASTRO, J.: lack of jurisdiction over their persons, but because of the
On November 11, 1948 the appellants Felipe Sunga, et appellants' failure to prosecute their action) was an act of
al., filed a petition for prohibition with preliminary submission to the jurisdiction of the court.2 This bears
injunction in the Court of First Instance of Manila to stop strong emphasis because jurisdiction over the person,
the two appellees the mayor and engineer, unlike that over the subject-matter, is acquired by the
respectively, of the City of Manila from demolishing voluntary appearance of the party who has the right to
the appellant's houses along the Estero de Vitas in Tondo, question the court's jurisdiction, namely, the defendant.
Manila. The court ordered summons to be served on the 2. Nor is there merit in the claim that until the court
appellees "upon payment by the petitioners [the appellants acquires jurisdiction over his person, a defendant has no
herein] of the corresponding Sheriff's fees." Ten days standing to move for the dismissal of an action. Applied
later, or on November 24, 1958, the court, after hearing to this case this proposition means that the appellants
both parties, ordered the issuance of a writ of preliminary own neglect to pay the sheriff's fees can be the very
injunction upon the filing by the appellants of a bond in means by which they can maintain in perpetuity an
the amount of P1,000, "to be approved by this court." action they have neglected to prosecute.
Neither order was complied with by the appellants. Thus Nothing in the language of section 1 of Rule 17
although the appellants appear to have filed a bond, they supports the view that before the defendant has
never asked the court to approve it, nor did they pay the answered, the action can be dismissed ONLY at the
sheriff's fees. The result was that after four long months instance of the plaintiff. To paraphrase Frankfurter, only
from the filing of the suit had elapsed, summons was yet literary perversity or jaundiced partisanship can sponsor
to be served on the appellees and an injunction was yet to such a particular rendering of the law.3 For what the rule
be served. On March 20, 1959 the appellees asked the says is that before the defendant has answered, the
court to dismiss the case. Although no copy of their plaintiff can withdraw his action by merely giving notice
motion was served on the appellants, it appears to the court,4 but that after the defendant has answered the
nevertheless that the latter were notified by the court that plaintiff may do so only with prior leave of the court. 5 In
the motion would be heard on June 13, 1959. other words, the rule governs the conditions under which
On June 13, 1959 the court dismissed the case. The the plaintiff may dismiss his action; it does not purport to
appellants asked for a reconsideration but the court stood deny thereby to the defendant the right to seek the
pat on its order. Hence this appeal, originally taken to the dismissal of the action, in much the same way that to say
Court of Appeals but certified by the latter to this Court that all men are mortal does not mean that all women are
on the ground that the issue involved is one purely of law. not.6 Such implication rests on a fallacy and is possible
1. It is first of all contended that the lower court could not only through the use of the "illicit major."
act on the motion to dismiss filed by the appellees
because the former had not acquired jurisdiction over the Summonses are Notices, Appearances are not
persons of the latter. The claim of lack of jurisdiction is Summonses, Appearances are not Notices
predicated on the fact that no summons was served on the
Exclusive Premises Categorical Syllogism: an argument consisting of exactly
(also known as: fallacy of exclusive premises) three categorical propositions: a major premise, a minor
Description: A standard form categorical syllogism that premise, and a conclusion, in which there appear a total
has two negative premises either in the form of no X are of exactly three categorical terms, each of which is used
Y or some X are not Y. exactly twice.
Logical Form: Description: The conclusion of a standard form
No X are Y. categorical syllogism is affirmative, but at least one of the
Some Y are not Z. premises is negative. Any valid forms of categorical
Therefore, some Z are not X. syllogisms that assert a negative premise must have a
negative conclusion.
No X are Y. Logical Form:
No Y are Z. Any form of categorical syllogism with an affirmative
Therefore, no Z are X. conclusion and at least one negative premise.
Example #1: Example #1:
No kangaroos are MMA fighters. No people under the age of 66 are senior citizens.
Some MMA fighters are not Mormons. No senior citizens are children.
Therefore, some Mormons are not kangaroos. Therefore, all people under the age of 66 are children.
Example #2: Explanation: In this case, the conclusion is obviously
No animals are insects. counterfactual although both premises are
Some insects are not dogs. true. Why? Because this is a categorical syllogism where
Therefore, some dogs are not animals. we have one or more negative premises (i.e., no
Example #3: people... and no senior citizens...), and we are
No animals are insects. attempting to draw a positive (affirmative) conclusion
No insects are dogs. (i.e., all people...).
Therefore, no dogs are animals. Example #2:
Explanation: Remember why fallacies are so dangerous: No donkeys are fish.
because they appear to be good reasoning. The Some asses are donkeys.
conclusion in example #1 makes sense, but it does not Therefore, some asses are fish.
follow logically -- it is an invalid argument. Based on the Explanation: This is a categorical syllogism where we
first two premises, there is no way logically to deduce that have a single negative premise (i.e., no donkeys), and
conclusion. Now look at examples #2 and #3. We use we are attempting to draw a positive (affirmative)
the same logical form of the argument, committing the conclusion (i.e., some asses).
same fallacy, but by changing the terms it is much more Exception: None.
clear that something went wrong somewhere, and it Existential Fallacy
did. This kind of argument, the categorical syllogism, (also known as: existential instantiation)
cannot have two negative premises and still be valid. Description: A formal logical fallacy, which is committed
Just because the conclusion appears true, it does not mean when a categorical syllogism employs two universal
the argument is valid (or strong, in the case of an informal premises (all) to arrive at a particular (some)
argument). conclusion.
Exception: None. In a valid categorical syllogism, if the two premises are
Affirmative Conclusion from a Negative Premise universal, then the conclusion must be universal, as well.
Get the Book! The reasoning behind this fallacy becomes clear when
you use classes without any members, and the conclusion
This is our first fallacy in formal logic out of about a states that there are members to this class -- which is
dozen presented in this book. Formal fallacies can be wrong.
confusing and complex, and are not as common in Logical Form:
everyday situations, so please dont feel lost when reading All X are Y.
through the formal fallaciesdo your best to understand All Z are X.
them as I do my best to make them understandable. Therefore, some Z are Y.
New Terminology: Example #1:
Syllogism: an argument typically consisting of three All babysitters have pimples.
parts: a major premise, a minor premise, and a All babysitter club members are babysitters.
conclusion. Therefore, some babysitter club members have pimples.
Categorical Term: usually expressed grammatically as a Example #2:
noun or noun phrase, each categorical term designates a All forest creatures live in the woods.
class of things. All leprechauns are forest creatures.
Categorical Proposition: joins together exactly two Therefore, some leprechauns live in the woods.
categorical terms and asserts that some relationship Explanation: In both examples, the fallacy is committed
holds between the classes they designate. because we have two universal premises and a particular
conclusion, but our example #1 conclusion makes sense,
no? Just because the conclusion might be true, does not syllogisms, two of which are valid, while two of which
mean the logic used to produce it, was valid. This is how are invalid.
tests like SATs and GREs screw us over and,
technically, in the above example, all babysitter club The VALID forms are:
members have pimples, not just some.
Now look at the second example. Same form, but when
we use classes that obviously (to most people) have no (AA) Affirming the If p, then q.
members (leprechauns), we can see that it results in a Antecedent p.
conclusion that is false. q
Exception: There actually is an exception to this formal or Modus Ponens
fallacy -- if we are strictly using Aristotelian logic, then it
is permissible because apparently Aristotle did not see a
problem with presupposing that classes have members (DC) Denying the If p, then q.
even when we are not explicitly told that they do. Consequent Not q.
Not p.
Hypothetical Syllogisms or Modus Tollens
Hypothetical syllogisms are short, two-premise And the INVALID forms (or pretenders) are:
deductive arguments, in which at least one of the
premises is a conditional, the antecedent or
consequent of which also appears in the other (AC) Affirming the If p, then q.
premise. Consequent (AC) q.
p.
Its not hard to visualize the valid hypothetical 1. Affirming the 2. Denying the
syllogism. The following schema illustrate whats Antecedent (AA) Antecedent (DA)
going on:
If Tweety is a bird, then If Tweety is a bird, then
Tweety flies. Tweety flies.
If p, then q. If p, then not r. Tweety is a bird. Tweety is not a bird.
If q, then r. If not r, then not q. Tweety flies Tweety doesnt fly.
(So) If p, then r (So) If p, then not q