Special pleading is an unfair method of argumentation that selectively presents only facts and information that support one’s own viewpoint. It is also a legal term that describes a complex process of exchanging court documents prior to a trial, which often resulted in cases being decided based on technicalities rather than the actual merits of the case.
Special pleading is a term used in the legal system to describe the process of pleading in court cases. In this system, parties are required to exchange various court papers, such as replications, rebutters, and surrebutters, following strict rules before a case can proceed to trial. Unfortunately, this often led to cases being decided based on technicalities rather than the actual merits of the case. Special pleading can also refer to the skill of drafting pleadings under this system or a specific instance of drafting such a pleading. Additionally, it can refer to a responsive pleading that goes beyond simply denying allegations by introducing new information to justify a potentially blameworthy action. Another meaning of special pleading is when an argument is unfairly biased towards the speaker’s viewpoint by omitting unfavorable facts or authorities and only focusing on favorable ones. For example, if a defendant in a court case argues that they should not be held responsible for a car accident because the other driver was texting while driving, but fails to mention that they were also speeding at the time, this would be considered special pleading. Similarly, if a student argues with their teacher that they should not receive a failing grade due to personal difficulties at home, but fails to mention that they did not submit any assignments or attend several classes, this would also be an example of special pleading. These examples demonstrate how special pleading can be used to manipulate an argument by selectively omitting unfavorable facts or authorities and emphasizing only favorable ones.
Special pleading is a type of argument in which a person attempts to exempt themselves or their argument from a generally accepted rule or principle without providing sufficient justification.
No, special pleading is not a valid legal defence. It is considered a fallacy and is not recognized as a legitimate argument in court.
No, special pleading cannot be used in criminal cases as it is not a valid legal defence.
Examples of special pleading include arguing that a rule should not apply to a specific situation because it is “different” or “unique,” or claiming that a person should not be held accountable for their actions because of their personal circumstances.
Special pleading can be avoided by providing sufficient justification for why a particular rule or principle should not apply in a specific situation.
No, special pleading is not the same as making an exception. Making an exception involves acknowledging that a rule or principle may not apply in a specific situation, but providing a valid reason for why it should not apply.
No, special pleading cannot be used in civil cases as it is not a valid legal defence.
Special pleading involves attempting to exempt oneself or their argument from a generally accepted rule or principle without providing sufficient justification, while a legal loophole is a gap or ambiguity in the law that can be exploited to gain an advantage.
No, special pleading cannot be used in administrative law cases as it is not a valid legal defence.
Using special pleading in a legal argument can weaken the credibility of the argument and may result in the argument being dismissed by the court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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