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Burden of proof

Argumentation 2 (2):233-254 (1988)

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  1. (1 other version)Intra-feminist Critique: Modes of Disengagement.Marilyn Frye - 2001 - American Philosophical Association Newsletter on Feminism and Philosophy (2):85-87.
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  • Peer Disagreement and the Bridge Principle.Marc-Kevin Daoust - 2021 - Topoi 40 (5):1213-1223.
    One explanation of rational peer disagreement is that agents find themselves in an epistemically permissive situation. In fact, some authors have suggested that, while evidence could be impermissive at the intrapersonal level, it is permissive at the interpersonal level. In this paper, I challenge such a claim. I will argue that, at least in cases of rational disagreement under full disclosure, there cannot be more interpersonal epistemically permissive situations than there are intrapersonal epistemically permissive situations. In other words, with respect (...)
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  • On Arguments from Ignorance.Martin David Hinton - 2018 - Informal Logic 38 (2):184-212.
    The purpose of this paper is twofold: to give a good account of the argument from ignorance, with a presumptive argumentation scheme, and to raise issues on the work of Walton, the nature of abduction and the concept of epistemic closure. First, I offer a brief disambiguation of how the terms 'argument from ignorance' and 'argumentum ad ignorantiam' are used. Second, I show how attempts to embellish this form of reasoning by Douglas Walton and A.J. Kreider have been unnecessary and (...)
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  • Strategic Maneuvering with the Burden of Proof.Frans H. van Eemeren & Peter Houtlosser - 2015 - In Scott Jacobs, Sally Jackson, Frans Eemeren & Frans H. van Eemeren (eds.), Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics. Cham, Switzerland: Springer Verlag.
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  • Causal Argument.Ulrike Hahn, Frank Zenker & Roland Bluhm - 2017 - In Michael Waldmann (ed.), The Oxford Handbook of Causal Reasoning. Oxford, England: Oxford University Press. pp. 475-494.
    In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...)
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  • The Oxford Handbook of Causal Reasoning.Michael Waldmann (ed.) - 2017 - Oxford, England: Oxford University Press.
    Causal reasoning is one of our most central cognitive competencies, enabling us to adapt to our world. Causal knowledge allows us to predict future events, or diagnose the causes of observed facts. We plan actions and solve problems using knowledge about cause-effect relations. Without our ability to discover and empirically test causal theories, we would not have made progress in various empirical sciences. In the past decades, the important role of causal knowledge has been discovered in many areas of cognitive (...)
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  • The Fake, the Flimsy, and the Fallacious: Demarcating Arguments in Real Life.Maarten Boudry, Fabio Paglieri & Massimo Pigliucci - 2015 - Argumentation 29 (4):10.1007/s10503-015-9359-1.
    Philosophers of science have given up on the quest for a silver bullet to put an end to all pseudoscience, as such a neat formal criterion to separate good science from its contenders has proven elusive. In the literature on critical thinking and in some philosophical quarters, however, this search for silver bullets lives on in the taxonomies of fallacies. The attractive idea is to have a handy list of abstract definitions or argumentation schemes, on the basis of which one (...)
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  • A Modern Theory of Stasis.Michael J. Hoppmann - 2014 - Philosophy and Rhetoric 47 (3):273-296.
    Stasis theory has been the backbone of rhetorical theory ever since its full development by Hermagoras of Temnos in the second century BCE.1 Although Hermagoras’s original work was lost, the main parts of his theory were reconstructed in the twentieth century,2 thanks mainly to the major role stasis theory played in nearly all the important works of rhetorical theory until as late as the nineteenth century.3 Stasis theory aims at providing a toolset for the identification of vital issues in cases (...)
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  • Dialectical Relevance and Dialogical Context in Walton’s Pragmatic Theory.Fabrizio Macagno - 2008 - Informal Logic 28 (2):102-128.
    The notions of types of dialogue and dialectical relevance are central themes in Walton’s work and the grounds for a dialectical approach to many fallacies. After outlining the dialogue models constituting the background of Walton’s account, this article presents the concepts of dialectical relevance and dialogue shifts in their application to biased argumentation, fallacious moves, and illicit argumentative strategies. Showing the different dialectical proposals Walton advanced in several studies on argumentation as a development of a dialogical system, it has proved (...)
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  • Advances in the Theory of Argumentation Schemes and Critical Questions.David Godden & Douglas Walton - 2007 - Informal Logic 27 (3):267-292.
    This paper begins a working through of Blair’s (2001) theoretical agenda concerning argumentation schemes and their attendant critical questions, in which we propose a number of solutions to some outstanding theoretical issues. We consider the classification of schemes, their ultimate nature, their role in argument reconstruction, their foundation as normative categories of argument, and the evaluative role of critical questions.We demonstrate the role of schemes in argument reconstruction, and defend a normative account of their nature against specific criticisms due to (...)
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  • Wrenching from Context: The Manipulation of Commitments.Douglas Walton & Fabrizio Macagno - 2010 - Argumentation 24 (3):283-317.
    This article analyses the fallacy of wrenching from context, using the dialectical notions of commitment and implicature as tools. The data, a set of key examples, is used to sharpen the conceptual borderlines around the related fallacies of straw man, accent, misquotation, and neglect of qualifications. According to the analysis, the main characteristics of wrenching from context are the manipulation of the meaning of the other’s statement through devices such as the use of misquotations, selective quotations, and quoting out of (...)
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  • The Burden of Proof and Its Role in Argumentation.Ulrike Hahn & Mike Oaksford - 2007 - Argumentation 21 (1):39-61.
    The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it is (...)
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  • Prove it! The Burden of Proof Game in Science vs. Pseudoscience Disputes.Massimo Pigliucci & Maarten Boudry - 2014 - Philosophia 42 (2):487-502.
    The concept of burden of proof is used in a wide range of discourses, from philosophy to law, science, skepticism, and even in everyday reasoning. This paper provides an analysis of the proper deployment of burden of proof, focusing in particular on skeptical discussions of pseudoscience and the paranormal, where burden of proof assignments are most poignant and relatively clear-cut. We argue that burden of proof is often misapplied or used as a mere rhetorical gambit, with little appreciation of the (...)
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  • Burdens of Proof and the Case for Unevenness.Imran Aijaz, Jonathan McKeown-Green & Aness Webster - 2013 - Argumentation 27 (3):259-282.
    How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with respect to some proposition (...)
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  • Refutation by Parallel Argument.André Juthe - 2008 - Argumentation 23 (2):133–169.
    This paper discusses the method when an argument is refuted by a parallel argument since the flaw of the parallel argument is clearly displayed. The method is explicated, examined and compared with two other general methods.
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  • Explanation–Question–Response dialogue: An argumentative tool for explainable AI.Federico Castagna, Peter McBurney & Simon Parsons - 2024 - Argument and Computation:1-23.
    Advancements and deployments of AI-based systems, especially Deep Learning-driven generative language models, have accomplished impressive results over the past few years. Nevertheless, these remarkable achievements are intertwined with a related fear that such technologies might lead to a general relinquishing of our lives’s control to AIs. This concern, which also motivates the increasing interest in the eXplainable Artificial Intelligence (XAI) research field, is mostly caused by the opacity of the output of deep learning systems and the way that it is (...)
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  • On the Differences Between Practical and Cognitive Presumptions.Petar Bodlović - 2020 - Argumentation 35 (2):287-320.
    The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual functions, and promote different kinds of goals. Accordingly, there are “practical” and “cognitive” presumptions. In this paper, I show that the differences between practical and cognitive presumptions go far beyond contextual considerations. The central aim is to explore Nicholas Rescher’s contention that both types of presumptions (...)
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  • Distribution and ignorance.Juha Räikkä - 2019 - Synthese 198 (3):2641-2657.
    According to the so-called presumption of equality, a person who does not know whether there is an acceptable reason for differential treatment should just presume the similarity of the cases and treat them equally. If we assume that the presumption of equality is an acceptable moral principle, at least when the allocation cannot be postponed and an equal distribution of goods is possible, then an important question arises: when exactly does the allocator have sufficient reasons for differential treatment and is (...)
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  • Delimiting the burden of proof in political interviews.Corina Andone - 2016 - Journal of Argumentation in Context 5 (1):74-87.
    This paper aims to contribute to an understanding of the politicians’ burden of proof in political interviews by explaining how politicians attempt to delimit the burden of proof which they acquire for their standpoints in response to criticism. As politicians always want to give a positive evaluation of their activities, they respond to the critics by delimiting their burden of proof in such a way that their standpoints are easy to defend. The research question to be answered is: How do (...)
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  • The Nature and Status of Critical Questions in Argumentation Schemes.Douglas Walton & David M. Godden - unknown
    The Nature and Status of Critical Questions in Argumentation Schemes.
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  • The Conditional Feasibility of Global Egalitarian Justice.Dominik Zahrnt - 2013 - Res Cogitans 9 (1).
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  • On Deontic Truth and Values.J. J. Moreso - 2017 - Crítica. Revista Hispanoamericana de Filosofía 49 (146):61-74.
    This article analyzes the thesis of ethical relativism, as defended by Alchourrón and Bulygin. These authors offer, on the one hand, a suggestive conception according to which the question “what are our obligations?” is equivalent to thinking about what is to be done; on the other hand, they defend a relativist conception of ethics. They present three objections to constructivist accounts of ethics that are not relativist: a) the argument of the burden of the proof; b) a version of the (...)
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  • El manejo de la carga de la prueba en declaraciones públicas de empresas chilenas involucradas en escándalos.Millaray Salas - 2016 - Logos: Revista de Lingüística, Filosofía y Literatura 26 (2):260-277.
    Cuando enfrentan un escándalo, las empresas deben entablar una comunicación efectiva para intentar aminorar los efectos de la publicidad negativa sobre su imagen corporativa. Uno de los géneros empleados por las empresas como formas de discurso de reparación de la imagen es la declaración pública, que corresponde a un texto escrito corto emitido por una empresa con el propósito de comunicar su versión de la crisis que enfrenta directamente al público general, publicándola en el sitio web de la compañía, o (...)
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  • Argumentation and design deliberation: a mutual relationship.Chrysi Rapanta & Carole Blair - unknown
    Design deliberation refers to the process of thoughtfully weighing options, before making a design decision. This process is strongly related to argumentation, not only because of the well-known relation between argumentation and deliberation, but also due to characteristics of the design process. However, no structural model of team design deliberation exists to guide designers’ practice. This paper checks the hypothesis of inter-dependence between argument structures and group decision-making struc-ture as expressed through prescribed deliberation stages.
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  • (2 other versions)Burden of Proof in a Modified Hamblin Dialogue System.Douglas Walton - 2011 - Informal Logic 31 (4):279-304.
    In his book on fallacies, Hamblin built a very simple system for argumentation in dialogue he called the Why Because System with Questions. In his discussion of this system, he replaced the concept of burden of proof with a simpler concept of initiative, which could be described as something like getting the upper hand as the argumentation moves back and forth in the dialogue between the one party and the other. No doubt he realized that the concept of burden of (...)
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  • Presumptions and the Distribution of Argumentative Burdens in Acts of Proposing and Accusing.Fred J. Kauffeld - 1997 - Argumentation 12 (2):245-266.
    This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...)
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  • Burden of Proof Rules in Social Criticism.Juha Räikkä - 1997 - Argumentation 11 (4):463-477.
    The article discusses burden of proof rules in social criticism. By social criticism I mean an argumentative situation in which an opponent publicly argues against certain social practices; the examples I consider are discrimination on the basis of species and discrimination on the basis of one's nationality. I argue that burden of proof rules assumed by those who defend discrimination are somewhat dubious. In social criticism, there are no shared values which would uncontroversially determine what is the reasonable presumption and (...)
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  • Reasonableness and Effectiveness in Argumentative Discourse: Fifty Contributions to the Development of Pragma-Dialectics.Bart Garssen, Frans Eemeren & Frans H. van Eemeren (eds.) - 2015 - Cham, Switzerland: Springer Verlag.
    How do Dutch people let each other know that they disagree? What do they say when they want to resolve their difference of opinion by way of an argumentative discussion? In what way do they convey that they are convinced by each other’s argumentation? How do they criticize each other’s argumentative moves? Which words and expressions do they use in these endeavors? By answering these questions this short essay provides a brief inventory of the language of argumentation in Dutch.
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  • Rethinking the presumption of atheism.Keith Burgess-Jackson - 2018 - International Journal for Philosophy of Religion 84 (1):93-111.
    Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the presumption of innocence, fail.
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  • On Presumptions, Burdens of Proof, and Explanations.Petar Bodlović - 2020 - Informal Logic 40 (2):255-294.
    On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous, and likely implausible. (...)
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  • Global justice and the logic of the burden of proof.Juha Räikkä - 2005 - Metaphilosophy 36 (1-2):228-239.
    The question of who has the burden of proof is often important in practice. We must frequently make decisions and act on the basis not of conclusive evidence but of what is reasonable to presume true. Consequently, it happens that a given practical question must be solved by referring to principles that explicitly or implicitly determine, at least partly, where the burden of proof should rest. In this essay, I consider the role of the logic of the burden of proof (...)
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  • Subjective logic and arguing with evidence.Nir Oren, Timothy J. Norman & Alun Preece - 2007 - Artificial Intelligence 171 (10-15):838-854.
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  • (2 other versions)Speech Act Rules for Burden of Proof in a Modified Hamblin Dialogue System.Douglas Walton - 2011 - Informal Logic 31 (4):279-304.
    In his book on fallacies, Hamblin built a very simple system for argumentation in dialogue he called the Why Because System with Questions. In his discussion of this system, he replaced the concept of burden of proof with a simpler concept of initiative, which could be described as something like getting the upper hand as the argumentation moves back and forth in the dialogue between the one party and the other. No doubt he realized that the concept of burden of (...)
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