Appeal to Legality: Is it Moral if it's the Law? [#FallacyFridays]

Appeal to Legality: Is it Moral if it’s the Law? [#FallacyFridays]

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Welcome to #FallacyFridays! On Fridays, we take a look at the kinds of arguments we should avoid making. But no matter which day of the week you see this, the goal will always be to fine-tune our logic. Today’s fallacy is one that is not often discussed as a fallacy but is most definitely one: appeal to legality.

But before we get into it, I want you be aware of a tool that may help you understand this and other fallacies. If you’re the type of person who learns better by writing or typing, download this FREE digital copy of “#FallacyFridays: The Workbook.” It was designed to follow alongside #FallacyFridays lessons in order for you to better understand logical fallacies.

One of the first lessons about morality in our childhood–besides the one given by religion–is often all about what the law says. In elementary school, we are given talks, not only about how drugs can harm our bodies, but how they are illegal. Same with the unlawful act of drinking underage. Implicitly and explicitly, we are told that the law tells us what is right and wrong.

But then we learn about slavery. We learn about how, at some point in American history, it was legal to own another human being. We learn about how it was legal for slaves to be seen as 3/5ths of a person. Then, we learn about Jim Crow. How it was illegal for women to vote. The Holocaust. Apartheid. The list goes on.

Over time, we shed that childhood innocence and contend with a poignant truth: the law is not always on our side.

What is the appeal to legality fallacy and why is it flawed?

The appeal to legality fallacy (or appeal to the law fallacy) is pretty straightforward: it argues that if something is legal, it is moral. If it is illegal, it is immoral. So if we had the unfortunate ability to rewind back to the early 1800’s in the United States, we would be surrounded by white slave owners who think that I am not a human being. That I am to be owned along with other black folks. And the abolitionists seeking to disrupt this inhumanity would be the depraved. The lawless. The immoral.

It goes without saying why appeal to legality is fallacious: the law is not a consistent metric for morality. Some of the most barbaric practices in human history were legal. And the opposition to them, illegal.

The appeal to legality fallacy (or appeal to the law fallacy) is an easy logical fallacy to make if we are not careful. Here's a quick lesson on critical thinking: learn how it works and take the free quiz at the end. | logical fallacies, #logicalfallacies, #debate, #criticalthinking

So if, for whatever reason, you find yourself in a debate with someone who argues the (im)morality of something because of its (il)legality, don’t hesitate to share this post with them. Take your pick with any of the social media buttons below.

Just because something is legal does not mean it is moral. Just because something is illegal does not mean it is immoral. Click To Tweet

Quiz Time!

Now that you’ve learned how the appeal to legality fallacy works, here’s your chance to test your understanding of it. Which of the following answer choices contains the appeal to legality fallacy?

A. “I know you’re driving slowly in a residential area so you’ll likely be safe, but buckle up your seatbelt, regardless. I don’t want the police to find you and arrest you.”

B. “Don’t listen to those people who say we can’t feed the homeless in the park because it’s illegal. If we get arrested, we get arrested.”

C. “I know I am going to law school to be a criminal justice lawyer. But I feel uneasy defending someone only to find out they were, indeed, a murderer.”

D. “You’re acting like I killed somebody. All I did was hook up with my friend! Yeah, I know I cheated on my girl. But it’s not illegal, so it’s not all that bad. Plus, it didn’t even last that long. Chill.”

Coming Soon

Which answer choice contains the appeal to legality fallacy?

A. "I know you're driving slowly in a residential area so you'll likely be safe, but buckle up your seatbelt, regardless. I don't want the police to find you and arrest you."

B. “Don’t listen to those people who say we can’t feed the homeless in the park because it’s illegal. If we get arrested, we get arrested.”

C. “I know I am going to law school to be a criminal justice lawyer. But I feel uneasy defending someone only to find out they were, indeed, a murderer.”

Which answer choice contains the appeal to legality fallacy?

A. "I know you're driving slowly in a residential area so you'll likely be safe, but buckle up your seatbelt, regardless. I don't want the police to find you and arrest you." 1 ( 3.13 % )

B. “Don’t listen to those people who say we can’t feed the homeless in the park because it’s illegal. If we get arrested, we get arrested.” 2 ( 6.25 % )

C. “I know I am going to law school to be a criminal justice lawyer. But I feel uneasy defending someone only to find out they were, indeed, a murderer.” 0 ( 0 % )

Which answer choice contains the appeal to legality fallacy?

A. "I know you're driving slowly in a residential area so you'll likely be safe, but buckle up your seatbelt, regardless. I don't want the police to find you and arrest you." 1 ( 3.13 % )

B. “Don’t listen to those people who say we can’t feed the homeless in the park because it’s illegal. If we get arrested, we get arrested.” 2 ( 6.25 % )

C. “I know I am going to law school to be a criminal justice lawyer. But I feel uneasy defending someone only to find out they were, indeed, a murderer.” 0 ( 0 % )

Wanna see if your answer choice was correct? Want the explanation behind the correct answer choice? Get FREE access to the Fallacy Fridays Answer Key and be notified about all future Fallacy Fridays posts, quizzes, and answer explanations!