Skip to main content

Finding the syllogism(s)

P \to Q,\; P\;\; \vdash\;\; Q


From a discussion of the Garza case recently argued before SCOTUS, I see this passage:

http://www.scotusblog.com/2018/10/argument-preview-can-a-criminal-defense-lawyer-refuse-to-file-an-appeal-from-a-guilty-plea-because-of-an-appeal-waiver/  

"In support of its underlying objective of promoting the broad enforceability of appeal waivers, the state strongly implies that this case is governed by a simple syllogism. Ineffective assistance of counsel presumes the existence of a right to counsel. The right to counsel has to be attached to some underlying procedural right, such as the right to trial or the right to appeal. Here, however, Garza waived his right to appeal. Thus, his attorney could not possibly have rendered ineffective assistance with respect to any appeal."

I don't see the syllogism in that passage, though there is clearly a claim that a "simple syllogism" is involved. 

The syllogism that the author has in mind might be a modus ponens, thus:

P1. If Garza had no right to appeal then he had no right to assistance of counsel in the preparation of that appeal.

P2. Garza had no right to appeal.

C. Thus, Garza had no right to the assistance of counsel in the preparation of that appeal. 

Further, our commenter seems to believe that of these premises it is P2 that requires further explication So another syllogism gets us there:

P. 3. If a right to appeal had been waived prior to its (attempted) exercise, the waiver is effective -- i.e. the right does not exist. 

P. 4. Prior to the events at issue in this matter now before SCOTUS, Gaza had waived his right to appeal.

C. (also P2). Garza had no right to appeal.

Now THAT is how one constructs a syllogism.

Enough of the logic exercise, although I should discuss the actual case some time soon.


Comments

Popular posts from this blog

A Story About Coleridge

This is a quote from a memoir by Dorothy Wordsworth, reflecting on a trip she took with two famous poets, her brother, William Wordsworth, and their similarly gifted companion, Samuel Taylor Coleridge.   We sat upon a bench, placed for the sake of one of these views, whence we looked down upon the waterfall, and over the open country ... A lady and gentleman, more expeditious tourists than ourselves, came to the spot; they left us at the seat, and we found them again at another station above the Falls. Coleridge, who is always good-natured enough to enter into conversation with anybody whom he meets in his way, began to talk with the gentleman, who observed that it was a majestic waterfall. Coleridge was delighted with the accuracy of the epithet, particularly as he had been settling in his own mind the precise meaning of the words grand, majestic, sublime, etc., and had discussed the subject with William at some length the day before. “Yes, sir,” says Coleridge, “it is a maj...

The Lyrics of "Live Like You Were Dying"

Back in 2004 Tim McGraw recorded the song "Live Like You were Dying." As a way of marking the one-decade anniversary of this song, I'd like to admit that a couple of the lines have confused me for years. I could use your help understanding them. In the first couple of verses, the song seems easy to follow. Two men are talking, and one tells the other about his diagnosis. The doctors have (recently? or a long time ago and mistakenly? that isn't clear) given him the news that he would die soon. "I spent most of the next days/Looking at the X-rays." Then we get a couple of lines about a man crossing items off of his bucket list. "I went sky diving, I went rocky mountain climbing, I went two point seven seconds on a bull named Fu Man Chu." Then the speaker -- presumably still the old man -- shifts to the more characterological consequences of the news. As he was doing those things, he found he was loving deeper and speaking sweeter, and givin...

Five Lessons from the Allegory of the Cave

  Please correct me if there are others. But it seems to be there are five lessons the reader is meant to draw from the story about the cave.   First, Plato  is working to devalue what we would call empiricism. He is saying that keeping track of the shadows on the cave wall, trying to make sense of what you see there, will NOT get you to wisdom. Second, Plato is contending that reality comes in levels. The shadows on the wall are illusions. The solid objects being passed around behind my back are more real than their shadows are. BUT … the world outside the the cave is more real than that — and the sun by which that world is illuminated is the top of the hierarchy. So there isn’t a binary choice of real/unreal. There are levels. Third, he equates realness with knowability.  I  only have opinions about the shadows. Could I turn around, I could have at least the glimmerings of knowledge. Could I get outside the cave, I would really Know. Fourth, the parable a...