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[求助]L2001/06-2-24

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楼主
发表于 2004-3-5 10:36:00 | 只看该作者

[求助]L2001/06-2-24

    

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24.    Lawyer: The defendant wanted to clear the snow off his car and in doing so knocked snow on the sidewalk. This same snow melted and refroze, forming ice on which the plaintiff fell, breaking her hip. We argue that the defendant maliciously harmed the plaintiff, because malice is intention to cause harm and the defendant intentionally removed the snow from his car and put it on the sidewalk, which, unbeknownst to the defendant at the time, would subsequently cause the injury suffered by the plaintiff.


The flawed reasoning in which one of the following is most similar to that in the lawyer’s argument?


(A) Alice asked her sister to lie in court. Unbeknownst to Alice’s sister, lying in court is against the law. So what Alice asked her sister to do was illegal.


(B) Bruce wanted to eat the mincemeat pie. Unbeknownst to Bruce, the mincemeat pie was poisonous. So Bruce wanted to eat poison.


(C) Cheryl denigrated the wine. Cheryl’s sister had picked out the wine. So though she may not have realized it, Cheryl indirectly denigrated her sister.


(D) Deon had lunch with Ms. Osgood. Unbeknownst to Deon, Ms. Osgood is generally thought to be an industrial spy. So Deon had lunch with an industrial spy.B


(E) Edwina bought a car from Mr. Yancy, then resold it. Unbeknownst to Edwina, Mr. Yancy had stolen the car. So Edwina sold a stolen car.


    


Answer is B;

我理解原文错误:被告有意产掉车上的雪,雪的融化伤害了原告,所以被告有意伤害了原告,并要负责任。请问对吗,如果对这是什么逻辑错误呢?(D)(E)又是如何排除的呢?

沙发
发表于 2004-3-5 11:41:00 | 只看该作者
The fallacy: Take for granted something as intented by someone only on the basis that it is one of the unexpected consequences of    the person's    intended action. In (B), to want a pie is the action, to eat poison is an unexpected consequence, it is unwarranted to say to want a poison is intended originally... While in (D), (E), both all stated some facts with their objects, though of different properties, all point to the same thing (Ms. Osgood = Industrial Spy, Car = Stolen Car), thus unlike (B), the statements in (D) (E) are all in    correct forms.



In other words, if (B) words as "Bruce ate (instead of "wanted to eat") the mincemeat pie. Unbeknownst to Bruce, the mincemeat pie was poisonous. So Bruce ate (in stead of "wanted to eat") poison, then (B) won't be the answer here. See the difference?





[此贴子已经被作者于2004-3-5 11:43:02编辑过]
板凳
发表于 2004-3-5 11:56:00 | 只看该作者
Agree. On top of the above, what makes (B) stands out is the verb property, both the argument and (B) use verbs expressing intention, with which the action and its unexpected consequences can not be exchanged, while in (D), (E), the verbs simply the actions theirselves.
地板
 楼主| 发表于 2004-3-5 11:57:00 | 只看该作者
Appears great. Let me take this opportunity to look you up. The explanation is clear.

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