12 - Reasoning from Hypotheticals

Summary

The term hypothetical means facts that are assumed rather than actual. The term a hypothetical means a scenario composed of such facts. Reasoning from hypotheticals takes two forms. In one form, a hypothetical is employed to view a case in a broader perspective to help decide the case. Hypotheticals in this form have three characteristics. First, the hypothetical differs from the case in its particulars, but as a matter of social morality, social policy, and experience the hypothetical is comparable to the case in its basic structure. Second, intuitively the hypothetical is easier to decide than the case. Third, because the hypothetical and the case are comparable as a matter of social propositions, the hypothetical and the case cannot be justifiably distinguished. That being so, the result in the case should be the same as the result in the hypothetical. In the second form of reasoning from hypotheticals, a hypothetical is employed to show that a case should not be decided in a certain way because if the case were decided that way, hypothetical similar cases would have to be decided the same way and deciding those cases the same way would be unsound.