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Couch's “Physical Alteration” Fallacy: Its Origins And
COUCH’S “PHYSICAL ALTERATION” FALLACY: ITS ORIGINS AND CONSEQUENCES Richard P. Lewis,∗ Lorelie S. Masters,∗∗ Scott D. Greenspan*** & Chris Kozak∗∗∗∗ I. INTRODUCTION Look at virtually any Covid-19 case favoring an insurer, and you will find a citation to Section 148:46 of Couch on Insurance.1 It is virtually ubiquitous: courts siding with insurers cite Couch as restating a “widely held rule” on the meaning of “physical loss or damage”—words typically in the trigger for property-insurance coverage, including business- income coverage. It has been cited, ad nauseam, as evidence of a general consensus that all property-insurance claims require some “distinct, demonstrable, physical alteration of the property.”2 Indeed, some pro-insurer decisions substitute a citation to this section for an actual analysis of the specific language before the court. Couch is generally recognized as a significant insurance treatise, and courts have cited it for almost a century.3 That ∗ Partner, ReedSmith LLP, New York. ∗∗ Partner, Hunton Andrews Kurth LLP, Washington D.C. *** Senior Counsel, Pillsbury Winthrop Shaw Pittman LLP, New York. ∗∗∗∗ Associate, Plews Shadley Racher & Braun, LLP, Indianapolis. 1 10A STEVEN PLITT, ET AL., COUCH ON INSURANCE 3D § 148:46. As shown below, some courts quote Couch itself, while others cite cases citing Couch and merely intone the “distinct, demonstrable, physical alteration” language without citing Couch itself. Couch First and Couch Second were published in hardback books (with pocket parts), in 1929 and 1959 respectively. As explained below (infra n.5), Couch 3d, a looseleaf, was first published in 1995.. 2 Id. (emphasis added); Oral Surgeons, P.C. -
Fallacies Are Deceptive Errors of Thinking
Fallacies are deceptive errors of thinking. A good argument should: 1. be deductively valid (or inductively strong) and have all true premises; 2. have its validity and truth-of-premises be as evident as possible to the parties involved; 3. be clearly stated (using understandable language and making clear what the premises and conclusion are); 4. avoid circularity, ambiguity, and emotional language; and 5. be relevant to the issue at hand. LogiCola R Pages 51–60 List of fallacies Circular (question begging): Assuming the truth of what has to be proved – or using A to prove B and then B to prove A. Ambiguous: Changing the meaning of a term or phrase within the argument. Appeal to emotion: Stirring up emotions instead of arguing in a logical manner. Beside the point: Arguing for a conclusion irrelevant to the issue at hand. Straw man: Misrepresenting an opponent’s views. LogiCola R Pages 51–60 Appeal to the crowd: Arguing that a view must be true because most people believe it. Opposition: Arguing that a view must be false because our opponents believe it. Genetic fallacy: Arguing that your view must be false because we can explain why you hold it. Appeal to ignorance: Arguing that a view must be false because no one has proved it. Post hoc ergo propter hoc: Arguing that, since A happened after B, thus A was caused by B. Part-whole: Arguing that what applies to the parts must apply to the whole – or vice versa. LogiCola R Pages 51–60 Appeal to authority: Appealing in an improper way to expert opinion. -
Preface My Years with the Pioneer Fund by Harry F. Weyher President
Preface My Years with the Pioneer Fund by Harry F. Weyher President, The Pioneer Fund On 22 November 1994 ABC's World News Tonight with Peter Jennings was replete with somber voices speaking of a small penis being a "sign of superior intelligence," "eradicating inferior people," arresting blacks solely because of skin color, race superiority, and mentally ill Jews. This voice-over was spiced with references to Hitler and scenes of emaciated victims in Nazi death camps.1 I watched this broadcast with more than usual interest, because I was president of the foundation which was the subject of the broadcast, the Pioneer Fund. Fearing such tabloid treatment, I had refused repeated invitations from ABC to appear on tape for the program.2 My fears were justified. What I saw was a grotesque distortion, akin to what one used to see in fun house mirrors. ii The Science of Human Diversity A History of the Pioneer Fund The ABC broadcast was one of an endless series of attacks on Pioneer and the scientists whom it has funded, dating back almost 50 years, most often by making baseless charges of "Nazism" or "racism," thus sometimes inciting student unrest or faculty reaction. The following also has happened to Pioneer and these scientists: One scientist had to be accompanied by an armed guard on his own campus, as well as guarded in his home. Another scientist was required by the university to teach his classes by closed circuit television, supposedly in order to prevent a riot breaking out in his class. Several scientists had university and other speaking engagements canceled or interrupted by gangs of students or outside toughs. -
Real Life Examples of Genetic Fallacy
Real Life Examples Of Genetic Fallacy Herrick demythologise his actin reblossom piano, but ornithological Morly never recurving so downstream. Delbert is needs telegenic after doubling Ferdy reests his powwows nationwide. Which Ignatius bushel so gracefully that Thurston affiances her batswings? Hence, it no not philosophy or department that interested him, but political debate. This pouch of reasoning is generally fallacious. In while, she veered in from opposite direction. If we know that something good Reverend is an evangelical Christian, who dogmatically clings to something literal expression of Scripture, of plumbing this any color our judgment about her arguments against evolutionary theory. So, capital punishment is wrong. He received his doctorate in developmental psychology from Harvard University and toward his postdoctoral work at distant City University of New York. Such an interesting book! The rifle of Thompson may express relevant to sir request for leniency, but said is irrelevant to any book about the defendant not available near a murder scene. Slothful induction is then exact inverse of the hasty generalization fallacy above. Some feature are Americans. Safest Antidepressant in each Health? The point is however make progress, but in cases of begging the rope there though no progress. This fallacy is, fool, one among the most incorrectly understood. And physics can only inductively justify the intellectual tools one needs to do physics. These two ways one who worshipped numbers increase in question is that may fall for yourself think of real life examples of genetic fallacy is so far more different than as! These fallacies are called verbal fallacies and material fallacies respectively. -
Britain in Psychological Distress: the EU Referendum and the Psychological Operations of the Two Opposing Sides
SCHOOL OF SOCIAL SCIENCES, HUMANITIES AND ARTS DEPARTMENT OF INTERNATIONAL AND EUROPEAN STUDIES MASTER’S DEGREE OF INTERNATIONAL PUBLIC ADMINISTRATION Britain in psychological distress: The EU referendum and the psychological operations of the two opposing sides By: Eleni Mokka Professor: Spyridon Litsas MIPA Thessaloniki, 2019 TABLE OF CONTENTS Summary ……………………………………………………………………………… 5 INTRODUCTION ……………………………………………………………………. 6 CHAPTER ONE: OVERVIEW OF PSYCHOLOGICAL OPERATIONS ………….. 7 A. Definition and Analysis …………………………………………………………… 7 B. Propaganda: Techniques involving Language Manipulation …………………….. 11 1. Basic Propaganda Devices ……………………………………………………... 11 2. Logical Fallacies ……………………………………………………………….. 20 C. Propaganda: Non-Verbal Techniques …………………………………………… 25 1. Opinion Polls …………………………………………………………………… 25 2. Statistics ………………………………………………………………………… 32 CHAPTER TWO: BRITAIN‟S EU REFERENDUM ………………………………. 34 A. Euroscepticism in Britain since 70‟s ……………………………………………... 34 B. Brexit vs. Bremain: Methods, Techniques and Rhetoric …………………………. 43 1. Membership, Designation and Campaigns‟ Strategy …………………………… 44 1.a. „Leave‟ Campaign …………………………………………………………… 44 1.b. „Remain‟ Campaign …………………………………………………………. 50 1.c. Labour In for Britain ………………………………………………………… 52 1.d. Conservatives for Britain ……………………………………………………. 52 2. The Deal ………………………………………………………………………… 55 3. Project Fear …………………………………………………………………..…. 57 4. Trade and Security; Barack Obama‟s visit ……………………………………... 59 3 5. Budget and Economic Arguments ……………………………………………… 62 6. Ad Hominem -
Logical Reasoning
updated: 11/29/11 Logical Reasoning Bradley H. Dowden Philosophy Department California State University Sacramento Sacramento, CA 95819 USA ii Preface Copyright © 2011 by Bradley H. Dowden This book Logical Reasoning by Bradley H. Dowden is licensed under a Creative Commons Attribution- NonCommercial-NoDerivs 3.0 Unported License. That is, you are free to share, copy, distribute, store, and transmit all or any part of the work under the following conditions: (1) Attribution You must attribute the work in the manner specified by the author, namely by citing his name, the book title, and the relevant page numbers (but not in any way that suggests that the book Logical Reasoning or its author endorse you or your use of the work). (2) Noncommercial You may not use this work for commercial purposes (for example, by inserting passages into a book that is sold to students). (3) No Derivative Works You may not alter, transform, or build upon this work. An earlier version of the book was published by Wadsworth Publishing Company, Belmont, California USA in 1993 with ISBN number 0-534-17688-7. When Wadsworth decided no longer to print the book, they returned their publishing rights to the original author, Bradley Dowden. If you would like to suggest changes to the text, the author would appreciate your writing to him at [email protected]. iii Praise Comments on the 1993 edition, published by Wadsworth Publishing Company: "There is a great deal of coherence. The chapters build on one another. The organization is sound and the author does a superior job of presenting the structure of arguments. -
Scientific Method DRAFT
SCIENTIFIC METHOD John Staddon DRAFT Scientific Method DRAFT CONTENTS Preface 3 Chapter 1: Basic Science: Induction 6 Chapter 2: Experiment 21 Chapter 3: Null Hypothesis Statistical Testing 31 Chapter 4: Social Science: Psychology 51 Chapter 5: Social Science: Economics 67 Chapter 6: Behavioral Economics 84 Chapter 7: ‘Efficient’ markets 105 Chapter 8: Summing up 124 Acknowledgements 131 2 Scientific Method DRAFT Preface The most profound ideas cannot be understood except though the medium of examples. Plato, Philebus Most people assume that science can answer every question. Well, not every , perhaps, but every question except matters of faith or morals – although a few atheistical fundamentalists would include those things as well. How many people are killed or hurt by secondhand tobacco smoke each year? How should you discipline your children? What is the best diet? The questions are important and confident answers are forthcoming from experts. The confidence is often unjustified. There are limits to science, both practical and ethical. But for many social and biomedical questions, demand for simple answers tends to silence reservations. Flawed and even fallacious claims meet a need and get wide circulation. “Don’t know” doesn’t get a look in! When conclusive science is lacking, other influences take up the slack: faith, politics, suspicion of authority. Even when the facts are clear, many will ignore them if the issue is an emotional one – fear for their children’s safety, for example. The anti-vaccine crusade launched in a discredited study by British doctor Andrew Wakefield in 1998 is still alive in 2017, partly because most people do not understand the methods of science and no longer trust experts. -
Warnings, Disclaimers, and Literary Theory
Reading the Product: Warnings, Disclaimers, and Literary Theory Laura A. Heymann* I. INTRODUCTION Few television commercials for alcohol end with the protagonist slumped unconscious on the couch, falling off a bar stool, or driving a car into a telephone pole. To the contrary, as many of us have experienced, advertising writes a very different narrative: that purchase and consumption of the advertised beverage will make one more attractive, expand one's social circle, and yield unbridled happiness. It is a story that, the advertiser hopes, will inspire consumers to choose its beverage during the next trip to the store; in this vein, the true protagonist of the commercial is the brand. Marketing scholars and, to a lesser extent, trademark scholars have increasingly viewed advertising and branding through the lens of literary theory, recognizing that consumers interpret communications about a product using many of the same tools that they use to interpret other kinds of texts.1 But this lens has not been similarly focused on an important counternarrative: the warning or disclaimer (such as "Caution: This product may contain nuts" on a candy bar or "Not authorized by * Associate Professor of Law, College of William & Mary - Marshall-Wythe School of Law. Many thanks to Jessica Silbey and the participants in the "Reasoning from Literature" panel at the 2010 AALS Annual Meeting, where this work was first presented. Many thanks also to Peter Alces, Mark Badger, Barton Beebe, Deborah Gerhardt, and Lisa Ramsey for helpful comments; to the staff of the Yale Journal of Law & the Humanities for their very thoughtful and perceptive edits; and to Brad Bartels and Katharine Kruk Spindler for research assistance. -
ATP 2-33.4 Intelligence Analysis
ATP 2-33.4 Intelligence Analysis JANUARY 2020 DISTRIBUTION RESTRICTION: Approved for public release; distribution is unlimited. This publication supersedes ATP 2-33.4, dated 18 August 2014. Headquarters, Department of the Army This publication is available at Army Knowledge Online (https://armypubs.army.mil), and the Central Army Registry site (https://atiam.train.army.mil/catalog/dashboard). *ATP 2-33.4 Army Techniques Publication Headquarters No. 2-33.4 Department of the Army Washington, DC, 10 January 2020 Intelligence Analysis Contents Page PREFACE............................................................................................................. vii INTRODUCTION ................................................................................................... xi PART ONE FUNDAMENTALS Chapter 1 UNDERSTANDING INTELLIGENCE ANALYSIS ............................................. 1-1 Intelligence Analysis Overview ........................................................................... 1-1 Conducting Intelligence Analysis ........................................................................ 1-5 Intelligence Analysis and Collection Management ............................................. 1-8 The All-Source Intelligence Architecture and Analysis Across the Echelons ..... 1-9 Intelligence Analysis During Large-Scale Ground Combat Operations ........... 1-11 Intelligence Analysis During the Army’s Other Strategic Roles ........................ 1-13 Chapter 2 THE INTELLIGENCE ANALYSIS PROCESS .................................................. -
Propaganda Techniques
Propaganda Techniques Adapted from Wikipedia Ad hominem ( “to the person”) A Lan phrase which has come to mean aacking your opponent, as opposed to aacking their arguments. Ex. "Your fashion opinion isn't valid; you can't even afford new shoes." Ad nauseam (“to the point of nausea”) or Repe==on This argument approach uses =reless repe==on of an idea. An idea, especially a simple slogan, that is repeated enough =mes, may begin to be taken as the truth. This approach works best when media sources are limited and controlled by the propagator. Ex. Appeal to authority Appeals to authority; cite prominent figures to support a posi=on, idea, argument, or course of ac=on. Ex. “Even the President has smoked pot!” Appeal to fear Appeals to fear seek to build support by ins=lling anxie=es and panic in the general populaon. Ex. Joseph Goebbels exploited Theodore N. Kaufman's Germany Must Perish! to claim that the Allies sought the exterminaon of the German people. Appeal to prejudice • Using loaded or emo=ve terms to aach value or moral goodness to believing the proposion. • Ex: "Any hard-working taxpayer would have to agree that those who do not work, and who do not support the community do not deserve the community's support through social assistance." Bandwagon Bandwagon and "inevitable-victory" appeals aempt to persuade the target audience to join in and take the course of ac=on that "everyone else is taking”. Black-and-White fallacy • Presen=ng only two choices, with the product or idea being propagated as the be?er choice. -
Future Human Evolution (2006)
John Glad Future Human Evolution Eugenics in the Twenty-First Century Preface by Seymour W. Itzkoff Hermitage Publishers 2006 03e This book may be downloaded free of charge at www.whatwemaybe.org. John Glad FUTURE HUMAN EVOLUTION Eugenics in the Twenty-First Century Copyright © 2006 John Glad Copyright preface © 2006 by Seymour Itzkoff Photography by Richard Robin All rights reserved Excerpts from this book have appeared in Mankind Quarterly and Jewish Press. Library of Congress Cataloging-in-Publication Data: Glad, John. Future human evolution: eugenics in the twenty-first century / John Glad. p. cm. Includes bibliographical references and index. ISBN 1-55779-154-6 1. Eugenics. I. Title. HQ751.G52 2005 363.9’2—dc22 2005052536 Published by Hermitage Publishers P.O. Box 578 Schuylkill Haven, PA 17972-0578 E-mail: [email protected] The entire Hermitage Publishers catalog is available on the Internet: www.Hermitagepublishers.com Acknowlegements I wish to express my gratitude to all those who gave so generously of their time in preparing the various drafts of this book: Carl Bajema, Norman DiGiovanni, Sarah Forman, Larisa Glad, Oleg Panczenko, Richard Robin, Alex Van Oss, James Woodbury, and Ilya Zakharov. Table of Contents Preface....................................................................................7 Introduction ........................................................................13 What Is Eugenics?...............................................................20 Science..................................................................................21 -
The Field of Logical Reasoning
The Field of Logical Reasoning: (& The back 40 of Bad Arguments) Adapted from: An Illustrated Book of Bad Arguments: Learn the lost art of making sense by Ali Almossawi *Not, by any stretch of the imagination, the only source on this topic… Disclaimer This is not the only (or even best) approach to thinking, examining, analyzing creating policy, positions or arguments. “Logic no more explains how we think than grammar explains how we speak.” M. Minsky Other Ways… • Logical Reasoning comes from Age-Old disciplines/practices of REASON. • But REASON is only ONE human characteristic • Other methods/processes are drawn from the strengths of other characteristics Other Human Characteristics: • John Ralston Saul (Unconscious Civilization, 1995) lists SIX Human Characteristics • They are (alphabetically, so as not to create a hierarchy): • Common Sense • Intuition • Creativity • Memory • Ethics • Reason Reason is not Superior • While this presentation focuses on the practices of REASON, it is necessary to actively engage our collective notions rooted in: • Common Sense (everyday understandings) • Creativity (new, novel approaches) • Ethics (relative moral high-ground) • Intuition (gut instinct) • Memory (history, stories) …in order to have a holistic/inclusive approach to reasonable doubt and public participation. However: • Given the west’s weakness for Reason and the relative dominance of Reason in public policy, we need to equip ourselves and understand its use and misuse. • Enter: The Field of Logical Reasoning vs. Logical Fallacy Appeal to Hypocrisy Defending an error in one's reasoning by pointing out that one's opponent has made the same error. What’s a Logical Fallacy? • ALL logical fallacies are a form of Non- Sequitur • Non sequitur, in formal logic, is an argument in which its conclusion does not follow from its premises.