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5221 Version 1.01 Note: I faxed version 1 to Attorney Harold Perry on 17 April 2000. Upgraded 12/22/07.
Top Ten Methods of Analysis
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Related pages:
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The page is mentioned on my top ten list: http://www.lawyerdude.8m.com/5459.html
How to analyze a story and identify PNJ drivel: Http://www.lawyerdude.netfirms.com/8209.html
Debunking PNJ myths - Attorney Larry Becraft publishes excellent debunking pages on the net.
There are several places where logical fallacies are discussed. One is Reed's textbook called "legal drafting" published by West Publishing.
Table of Contents: List of Methods of Analysis:
Gaussian distribution. The bell curve. Skewed distributions
Bull's Eye Paradox; it can be applied to life.
Mutuality analysis: Useful in analyzing contracts and social exchanges:
Polarity theory. Axes of polarity. Used by psychologists. MMPI.
Top Ten Methods of Analysis
Prioritization. Example: We can't do all the cases that we need to do. Therefore we prioritize.
Continuity Theory. This is a natural process. It is why we seek a "unified theory" of things. All classifications are approximate. Even male/female, for example. We have people who appear female but have some male genitalia. Some plants act like animals. Do drugs include things that are natural? What is natural? Ephedrine occurs naturally.
Something not made by man? Urine is made by man. Is urine not natural?
Application Continuity in punishment. Fuzzy logic is but a corollary of continuity theory. The logical fallacy entitled "the either/or fallacy" is another way of stating that continuity is better than the abbreviation of yes or no. In the number system there is a hierarchy: 1 yes or no; 2: Ordinal, i.e. 1, 2nd, 3rd; and #3 a quantification so that you know how far ahead the first ranked item is ahead of the second.
Example: Palaschak's tort theory of crime is merely an application of continuity theory. The classification into torts or crimes is a very bad classification system. All true crimes are really torts also. Tort theory of crime says that a tort standard should be used to determine the appropriateness of the proposed punishment. This would be applied to temper the emotion based punishment so prevalent in sex cases. Example: Let the molester pay for psychiatric counseling for the victim - and you might see that there is no counseling needed; then what is the appropriate punishment. No harm no foul.
Gaussian distribution. The bell curve. Skewed distributions. In law school we should not have a bell curve because the people on one end of the curve did not get here. Therefore we should have a one-sided Gaussian distribution - mostly - but what about the folks who maybe got in on a fluke - or an exception - so we see that there will not be a perfectly skewed distribution either - but to attempt to fit law school into a bell curve does a disservice to those who are naturally clumped at the low end (which would be the middle or upper middle of a distribution from a normal universe). Bell curves are recognition of a simple and widely applicable law of statistics. The terms was made popular in the book "The Bell Curve" by 2 guys from Harvard. The bell curve is widely used in science, in radiation studies, and in engineering. Example. If you buy a box of oranges and test them to see how sweet they are with a sweetmeter you will likely get a Gaussian distribution. Most will be in the middle. Some will be very sweet. Some will be not so sweet. But if you don't specify that you want a normal run of oranges, another customer may specify that he only wants the sweetest 50% of the oranges. Then at the orange packing house, they will have the ladies run the sweetmeter on the oranges and send the best to the other guy. Then your distribution will have most of the oranges at the extreme sweet end of your batch - but not as sweet as the least sweetest of the other guys batch.
Bull's Eye Paradox; it can be applied to life.
By aiming at the bull's eye you determine that the bull's eye will be the spot most likely to be hit, statistically, i.e. over time - and it can be seen in a very short time. This does not mean that you will necessarily hit the bull's eye. It merely means that your odds of hitting the bull's eye are higher than you odds of hitting an equivalent sized are on any other part of the target. To prove it to a detractor, merely perform the following test: Measure the diameter of the bull's eye. Ask the detractor to name a place on the target more likely to be hit than the bull's eye. The essence of this thought experiment is in the thought process which begins when this challenge is presented to the detractor. If the detractor fails to concede then proceed with the test. The detractor has been asked to select a spot with a higher probability of being hit. Mark the spot with a tiny dot. Now ask a neutral dart thrower ( or arrow shooter or whatever) to aim at the bull's eye. Observe the results. Over time the shots will be grouped around the bull's eye - and some will hit the bull's eye. They will not group around any other spot absent some skewing factor.
Similarly in life one increases the odds of hitting the bull's eye by aiming at it. Corollary: one decreases the odds of hitting the bull's eye by not aiming at it.
Mutuality analysis: Useful in analyzing contracts and social exchanges:
Simply trade places rhetorically. Equal protection of the individual vis-a-vis the government agency. What if everybody did this. In a relationship, if one person writes the letters, then the other person is in control? Example: If you write a contract with a client and it tells him to be on time and to pay you, and the client complains that you are late with your work, but the client misses appointments and has not paid you, then you have a failure of mutuality. Mutuality theory: You need not have a perfectly symmetrical relationship to be fair - but you can valuate and see that you have a fair trade. Example: Farmer sells corn and gets money. Non-symmetrical. He never buys corn and gives money; or does he? He buys seeds. Looks what he pays for seed - and the seed company sets the price. The farmer has no say in the price when he is buying nor when he is selling. Hmm. Have we a mutuality problem here? Yes we do. Example: Larry Federico says "Jeez when "we" gonna have something ready to file?" I say "Larry, when are you going to be near a fax and send me the signed Unlawful Detainer paper and your proof of service so I can file. I have been asking you for a month now. Larry, when are you going to put some money in the ATM account like you promised? Larry, when are you going to sign your contract affirming what we agreed to orally?" We have a mutuality problem. Psychopaths have no concept of mutuality. Sociopaths have no concept of mutuality. Egocentric personalities think that they are important and nobody else is important. Mutuality provides a tool for taking off the blinders that we have subconsciously applied to avoid realizing that we are in a bad work situation or bad human relationship - or, more likely, an exploitive relationship.
Polarity theory. Axes of polarity. Used by psychologists. MMPI.
A person can be analyzed by measuring where he fits on the various spectra of qualities that define human personalities. Groups of people can be categorized by alignment on poles or continua. Example: Humans can be classified as either manipulative or not - or somewhere in the middle of the spectrum these two extremes. The MMPI - Minnesota Multi phasic Personality Inventory expresses its results as positions on several axes of polarity. Another way of saying this is that people can be categorized on spectrums from one extreme to the other. Examples: Manic------docile. Happy - - - - -Sad.
There are other analytical tools for spotting logical fallacies. Deduction and induction come to mind.
The "broader public interest" as mentioned in Pulliam 80 L Ed 2d 578? is generally in dynamic tension with the primacy of the individual - which primacy is what sets our country apart from all others and makes our freedom a little more complete - but far from what it could and should be.
All crimes are torts. If it is not a tort then it is government totalitarianistic control masked as criminal law.
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