LessonsThe Rhetoric of Law: Nonoccurrence, Entailment, Hypothesis and TenseQuiz

Suppose an effect is linked to one factor, yet could also arise through other factors. In that case the failure of the first factor need not imply the effect’s failure. This is the practical force of Ibn al-Hajib’s objection.

If the context instead establishes that the outcome depends on that specific factor exclusively, nonoccurrence of the outcome may be understood within that restricted scenario. Such exclusivity must come from context, convention or a supporting argument.

It is therefore methodologically unsafe to convert every law-clause into an automatic “no antecedent, therefore no consequent” rule without qualification.

Opening interactive controls...

How an alternative cause changes the inference

The Rhetoric of Law: Nonoccurrence, Entailment, Hypothesis and Tense

Suppose an effect is linked to one factor, yet could also arise through other factors. In that case the failure of the first factor need not imply the effect’s failure. This is the practical force of Ibn al-Hajib’s objection.

If the context instead establishes that the outcome depends on that specific factor exclusively, nonoccurrence of the outcome may be understood within that restricted scenario. Such exclusivity must come from context, convention or a supporting argument.

It is therefore methodologically unsafe to convert every law-clause into an automatic “no antecedent, therefore no consequent” rule without qualification.