Friday, July 25, 2014
Burden of Proof (explained)
Description of Burden of Proof
Burden of Proof is a fallacy in which the
burden of proof is placed on the wrong side. Another version occurs when a lack
of evidence for side A is taken to be evidence for side B in cases in which the
burden of proof actually rests on side B. A common name for this is an Appeal
to Ignorance. This sort of reasoning typically has the following form:
1. Claim X is presented by side A and the burden of
proof actually rests on side B.
2. Side B claims that X is false because there is no
proof for X.
In many situations, one side has the burden
of proof resting on it. This side is obligated to provide evidence for its
position. The claim of the other side, the one that does not bear the burden of
proof, is assumed to be true unless proven otherwise. The difficulty in such
cases is determining which side, if any, the burden of proof rests on. In many
cases, settling this issue can be a matter of significant debate. In some cases
the burden of proof is set by the situation. For example, in American law a
person is assumed to be innocent until proven guilty (hence the burden of proof
is on the prosecution). As another example, in debate the burden of proof is
placed on the affirmative team. As a final example, in most cases the burden of
proof rests on those who claim something exists (such as Bigfoot, psychic
powers, universals, and sense data).
Examples of Burden of Proof
1. Bill: "I think that we should invest more money
in expanding the interstate system."
Jill: "I think that would be a bad idea, considering the state of the treasury."
Bill: "How can anyone be against highway improvements?"
Jill: "I think that would be a bad idea, considering the state of the treasury."
Bill: "How can anyone be against highway improvements?"
- Bill: "I think that some people have psychic powers."
Jill: "What is your proof?"
Bill: "No one has been able to prove that people do not have psychic powers." - "You cannot prove that God does not exist, so He does."
