Abstract

This chapter focuses on one of the common fallacies in Western philosophy, 'legalistic mistake'. The use of “legal‐like” terms abounds outside the legal domain. But sometimes the users of these terms commit the fallacy Joel Feinberg called the legalistic mistake. On widening the use of such legal‐like terms, we must be cautious, for we might find ourselves guilty of making inferential mistakes or even proffering pure nonsense. The error, according to Feinberg, is committed by “one who, in stating a moral question using a legal‐like term, uncritically imports the precision of that term in its strict legal sense, while excluding appeal to the kinds of criteria which alone can decide its use”. In “On Being 'Morally Speaking a Murderer’” Feinberg introduced the idea that, sometimes, using legal notions outside legal contexts may lead to a peculiar kind of fallacy he called the legalistic mistake.