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Morton’s Fork and land use issues

June 25, 2018 By Michael Lewyn

I recently discovered a new logical fallacy: the “Morton’s Fork” fallacy.  This argument is one in which contradictory observations lead to the same conclusion.  For example, if I argue that new housing near public transit is bad because it (1) spurs gentrification by bringing rich people into the neighborhood and (2) increases crime by bringing poor people into the neighborhood, I am engaging in this fallacy.  Similarly, I have heard arguments that new housing is bad because it (1) brings down property values and (2) increases property values.

In such situations, it is sometimes possible that one of the two claims could be true, but it is unlikely that both claims could be true.

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Filed Under: housing, Uncategorized, Zoning

About Michael Lewyn

Michael Lewyn is a Professor at Touro Law Center, where he teaches property, land use, trusts and estates, and environmental law. Originally from Atlanta, he graduated from Wesleyan University and received his J.D. from the University of Pennsylvania Law School. His books include "Government Intervention and Suburban Sprawl: The Case for Market Urbanism." In addition, he has published dozens of articles, most of which are available at works.bepress.com/lewyn.

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