Slippery Slope Arguments in Legal Contexts: Towards Argumentative Patterns

Authors:

• Bin Wang,
• Frank Zenker

Abstract

Addressing the slippery slope argument (SSA) in legal contexts from the perspective of pragma-dialectics, this paper elaborates the conditions under which an SSA-scheme instance is used reasonably (rather than fallaciously). We review SSAinstances in past legal decisions and analyze the basic legal SSA-scheme. By illustrating the institutional preconditions influencing the reasoning by which an SSA moves forward, we identify three sub-schemes (causal SSA, analogical SSA, and Sorites SSA). For each sub-scheme we propose critical questions, as well as four rules that clarify when the SSA scheme is used reasonably. The institutional preconditions make the analogical SSA expectable in common law contexts; the Sorites SSA is expectable in civil law contexts; whereas the causal SSA is common to both contexts. This result should inform future work on the identification of typical argumentative patterns for the SSA in legal contexts.