in fairness, to be regarded as decisive; but, practically, the odiousness of the word, arising in great measure from the association of those very circumstances which belong to most of the class, but which we have supposed to be absent in this particular instance, excites precisely that feeling of disgust which, in effect, destroys the force of the defense. In like manner we may refer to this head all cases of improper appeal to the passions, and every thing else which is mentioned by Aristotle as extraneous to the matter in hand (ἔξω τοῦ πράγματος).”
Again, “instead of proving that ‘this prisoner has committed an atrocious fraud,’ you prove that the fraud he is accused of is atrocious; instead of proving (as in the well-known tale of Cyrus and the two coats) that the taller boy had a right to force the other boy to exchange coats with him, you prove that the exchange would have been advantageous to both; instead [pg 577] of proving that the poor ought to be relieved in this way rather than in that, you prove that the poor ought to be relieved; instead of proving that the irrational agent—whether a brute or a madman—can never be deterred from any act by apprehension of punishment (as, for instance, a dog from sheep-biting, by fear of being beaten), you prove that the beating of one dog does not operate as an example to other dogs, etc.
“It is evident that Ignoratio Elenchi may be employed as well for the apparent refutation of your opponent’s proposition, as for the apparent establishment of your own; for it is substantially the same thing, to prove what was not denied or to disprove what was not asserted. The latter practice is not less common, and it is more offensive, because it frequently amounts to a personal affront, in attributing to a person opinions, etc., which he perhaps holds in abhorrence. Thus, when in a discussion one party vindicates, on the ground of general expediency, a particular instance of resistance to government in a case of intolerable oppression, the opponent may gravely maintain, ‘that we ought not to do evil that good may come;’ a proposition which of course had never been denied, the point in dispute being, ‘whether resistance in this particular case were doing evil or not.’ Or again, by way of disproving the assertion of the right of private judgment in religion, one may hear a grave argument to prove that ‘it is impossible every one can be right in his judgment.’ ”