A Study of the Legal Rhetoric of Recourse to Ignorance
XIA Wei-guo;The Research Center of Philosophy and Social Development, Shandong University at Weihai;
The reasoning form of recourse to ignorant is the abstract name of the patterns of the inno-cence presumption and the guilt presumption. The rhetorical meaning of the fallacy is that the formula A, inthe exhaustion of all possible states, is not necessarily a conclusion; If the cognitive subjects forcibly deducethe conclusion from the premise, it is a fallacy to know the reasoning formula of the subject A, and that is onlythe persuasive force. Based on the definition of fallacy of rhetoric, rhetorical meaning of recourse to ignorantfallacy exhausted all possible states is "cannot prove that A is true, will launch A is false", or "cannot provethat A is false, will launch A is true", after inspection, there are some specific knowledge without resorting toformal reasoning demonstration was established, some specific argument of appeal to ignorance form reasoningis not established, it is not necessary to launch the conclusion on the premise of the exhaustion of all possiblestates, only this. Presumption of innocence and presumption of guilt are concrete reasoning patterns that ap-peal to the demonstration of ignorance in the field of law. Their relations should be same reasoning form; differ-ent levels of argument; the "upper concept" constrains the "lower concept".