Instances of the ad baculum argument (also known as the threat appeal argument or the argument from threat) are common in both private and public sphere discourse. Although contemporary argumentation scholarship recognizes these instances as contingently fallacious, the literature lacks not only a well-motivated ad baculum argument scheme but also a complete list of critical questions (CQs). In combining argument scheme and speech act theoretic elements, we formulate the felicity conditions of the speech act of threatening from the viewpoint of (...) a rational third party and use the recognition conditions of this speech act to construct the ad baculum argument scheme and its correctness conditions to construct the CQs. Results include revised felicity conditions of the speech act of threatening, a new ad baculum argument scheme, and a set of arguably complete, functionally distinct CQs. (shrink)

A convincing argument can change a discussant’s commitment regarding the acceptability of a claim, but the same effect can be achieved by examining evidence. Observing objects or events that count as evidence for or against the acceptability of a statement can change one’s commitment regarding that statement. If we speak of fallacies in the realm of convincing through argumentation, can we speak of fallacies in the realm of convincing through evidence? In this paper, we defend an affirmative answer. We introduce (...) and discuss the conceptual implications of evidentiary fallacies as fallacies committed when evidence is fabricated or suppressed during an attempt to resolve disagreement using proof. We then apply the notion of evidentiary fallacy to two real-life examples of mis-executed evidentiary procedures. We conclude that the notion of evidentiary fallacy can contribute to a more comprehensive fallacy theory and can foster new and broadly applicable critical skills. (shrink)