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 (...) underlying principles. The paper elaborates on an important distinction between evidential and prudential varieties of burdens of proof, which is cashed out in terms of Bayesian probabilities and error management theory. Finally, we explore the relationship between burden of proof and several (alleged) informal logical fallacies. This allows us to get a firmer grip on the concept and its applications in different domains, and also to clear up some confusions with regard to when exactly some fallacies (ad hominem, ad ignorantiam, and petitio principii) may or may not occur. (shrink)

Argumentation is important for sharing knowledge and information. Given that the receiver of an argument purportedly engages first and foremost with its content, one might expect trust to play a negligible epistemic role, as opposed to its crucial role in testimony. I argue on the contrary that trust plays a fundamental role in argumentative engagement. I present a realistic social epistemological account of argumentation inspired by social exchange theory. Here, argumentation is a form of epistemic exchange. I illustrate my argument (...) with two real-life examples: vaccination hesitancy, and the undermining of the credibility of traditional sources of information by authoritarian politicians. (shrink)

The fallacies approach to argument evaluation can exacerbate problems it aims to address when it comes to social bias, perpetuating social injustice. A diagnosis that an argument commits a fallacy may flag the irrelevance of stereotypical characterizations to the line of reasoning without directly challenging the stereotypes. This becomes most apparent when personal bias is part of the subject matter under discussion, in ethotic argument, including ad hominem and ad verecundiam, which may be recognized as fallacious without addressing whether the (...) ethotic presumptions are true. Yap (2013; 2015) makes this case for ad hominem and the pragma-dialectical understanding of fallacies, expanded here to show related patterns in some other fallacies, and employing the argument schemes understanding of fallacies. Adding critical questions increases the ways reasoners can dismiss arguments as fallacious, and could include directly addressing bias, but if an argument fails on a different critical question, that may yet allow the bias to pass. The fallacies approach is a form of meta-debate and techniques of meta-debate need to address the ubiquity of social bias, not convey them as specialized problems. The view that the fallacies approach to argument evaluation can provide neutrality is dangerously false. Arguers thus should avoid using fallacies for argument evaluation where social stereotypes or schemas might be involved, especially when the subject matter relates closely to social justice. (shrink)

Feminists note an association of arguing with aggression and masculinity and question the necessity of this connection. Arguing also seems to some to identify a central method of philosophical reasoning, and gendered assumptions and standards would pose problems for the discipline. Can feminine modes of reasoning provide an alternative or supplement? Can overarching epistemological standards account for the benefits of different approaches to arguing? These are some of the prospects for argumentation inside and outside of philosophy that feminists consider. -/- (...) The further concern is that the academic study of argumentation – in philosophy and other disciplines – has failed to account for the type of reasoning needed for social justice movements. What resources for addressing these concerns can be found in informal logic and interdisciplinary argumentation theory? Since part of the perceived problem derives from assuming that arguing is a contest, are more collaborative epistemological frameworks better? Can regular politeness or civility hedge against undesirable tendencies of argumentation? Can “critical thinking” pedagogy involving argument educations answer the needs of social justice? (shrink)

This paper offers an unorthodox appraisal of empirical research bearing on the question of the low representation of women in philosophy. It contends that fashionable views in the profession concerning implicit bias and stereotype threat are weakly supported, that philosophers often fail to report the empirical work responsibly, and that the standards for evidence are set very low—so long as you take a certain viewpoint.

It has been a decade since the phrase virtue argumentation was introduced, and while it would be an exaggeration to say that it burst onto the scene, it would be just as much of an understatement to say that it has gone unnoticed. Trying to strike the virtuous mean between the extremes of hyperbole and litotes, then, we can fairly characterize it as a way of thinking about arguments and argumentation that has steadily attracted more and more attention from argumentation (...) theorists. We hope it is neither too late for an introduction to the field nor too soon for some retrospective assessment of where things stand. (shrink)

This paper aims to further explore the potentiality of integrating key insights from virtue argumentation theory into pragma-dialectics to establish a virtuous pragma-dialectics. Drawing methodological inspiration from Gascón’s work, this paper introduces the “conditions-implications framework.” Firstly, it argues that virtues offer novel perspectives on the second-order conditions of critical discussion. Specifically, it illustrates that excessive emotional attachment and identity prejudice hinder the reasonable engagement of arguers at both individual and socio-cultural levels, and virtues play a pivotal role in overcoming these (...) irrational factors. Furthermore, integrating virtue insights into pragma-dialectics leads to two important theoretical implications: (1) an expanded fallacy theory—revealing the connection between argumentative vices and fallacies, expanding fallacies from a unilateral to a bilateral issue; (2) an expanded strategic maneuvering theory—virtue contributes to maintaining the delicate balance between dialectical reasonableness and rhetorical effectiveness. The virtue approach is anticipated to act as a facilitator rather than an obstruction to the future advancement of pragma-dialectics. (shrink)

In this article, I aim to demonstrate that moral responsibility theory produces, legitimates, and even magnifies the considerable social injustice that accrues to disabled people insofar as it implicitly and explicitly promotes a depoliticized ontology of disability that construes disability as a naturally disadvantageous personal characteristic or deleterious property of individuals rather than identifies it as an effect of power, an apparatus. In particular, I argue that the methodological tools of “analytic” philosophy that philosophers of moral responsibility theory employ to (...) establish the philosophical domain in which they engage have distinctly detrimental effects on disabled people. (shrink)

In this paper, we consider the way that web documents seeking to persuade readers of certain science claims provide information about the sources of the arguments. Our quantitative analysis reveals that web documents in our sample include hundreds of examples in which the reader is provided information regarding the trustworthiness of sources. The web documents also contain a large number of examples in which the reader is provided with information about how many individuals hold a particular belief. We discuss ad (...) hominem, ad verecundiam, and ad populum arguments, and the way that the examples found in our sample of documents are related to these argumentation schemes. (shrink)

This paper is about bias and ad hominem arguments. It will begin by rehearsing some reasons for thinking that there are both legitimate and illegitimate ad hominems, as well as reasons for thinking that biases can be both justified and unjustified. It will explain that justified biases about people with certain social identities can give rise to both legitimate and illegitimate ad hominem attacks, while unjustified biases only give rise to illegitimate ad hominems. The paper will then describe Audrey Yap’s (...) view that even when an unjustified bias is made explicit and shown to be unjustified, it can still make certain fallacious ad hominem arguments seem persuasive. Finally, it will set out the opposite sort of problem: just as unjustified biases can make fallacious ad hominems seem persuasive even when the bias is made explicit, so too can unjustified biases make legitimate ad hominem arguments seem unpersuasive, even when the bias is made explicit. (shrink)