Evidentiary Convincing and Evidentiary Fallacies

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.