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References in:
Burdens of Proof and the Case for Unevenness
Argumentation 27 (3):259-282 (2013)
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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) |
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A scholarly edition of a work by David Hume. The edition presents an authoritative text, together with an introduction, commentary notes, and scholarly apparatus. |
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The Oxford Philosophical Texts series consists of authoritative teaching editions of canonical texts in the history of philosophy from the ancient world down to modern times. Each volume provides a clear, well laid out text together with a comprehensive introduction by a leading specialist,giving the student detailed critical guidance on the intellectual context of the work and the structure and philosophical importance of the main arguments. Endnotes are supplied which provide further commentary on the arguments and explain unfamiliar references and (...) |
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This paper presents an analysis of the concept of burden of proof in argument. Relationship of burden of proof to three traditional informal fallacies is considered: (i) argumentum ad hominem, (ii) petitio principii, and (iii) argumentum ad ignorantiam. Other topics discussed include persuasive dialoque, pragmatic reasoning, legal burden of proof, plausible reasoning in regulated disputes, rules of dialogue, and the value of reasoned dialogue. |
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Dialectical foundationalists, including Adler, Brandom, Leite, and Williams, claim that some asserted propositions do not require defense just because an interlocutor challenges them. By asserting such a proposition, the speaker shifts the burden of proof to her interlocutor. Dialectical egalitarians claim that all asserted propositions require defense when challenged. I elucidate the dispute between dialectical foundationalists and egalitarians, and I defend a broadly egalitarian stance against several prominent objections. |
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tational background of dialectic: the structure of formal disputation. Formal disputation Perhaps the clearest, and surely historically the most prominent, ... |
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(3) A compatibilist needs to explain how free will can co-exist with determinism, paradigmatically by offering an analysis of ‘free’ action that is demonstrably compatible with determinism. (Here is the late Roderick Chisholm, in defense of irreducible or libertarian agent-causation: ‘Now if you can analyze such statements as “Jones killed his uncle” into event-causation statements, then you may have earned the right to make jokes about the agent as cause. But if you haven’t done this, and if all the same (...) |
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Here are some things that are widely believed about free will and determinism. Free will is prima facie incompatible with determinism. The incompatibility is logical or at least conceptual or a priori. A compatibilist needs to explain how free will can co-exist with determinism, paradigmatically by offering an analysis of ‘free’ action that is demonstrably compatible with determinism. Free will is not impugned by quantum indeterminism, at least not in the same decisive way that it is impugned by determinism. To (...) |
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An adequate evaluation of argumentation requires identification of the object to which the argumentation pertains: the point of view. What are the distinguishing features of this object? In the pragma-dialectical argumentation theory, the object of argumentation is referred to by means of the notion ‘standpoint’. In other theories concerned with argumentation, reasoning, convincing or persuading, notions are used such as ‘thesis’, ‘conclusion’, ‘opinion’ and ‘attitude’. This paper is a survey of the characterisations of the object of argumentation given in the (...) |
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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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We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise separately. (...) |
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The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...) |
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To have the burden of proof is to be rationally required to argue for or provide evidence for your position. To have a heavier burden than an opponent is to be rationally required to provide better evidence or better arguments than they are required to provide. Many commentators suggest that differential or uneven distribution of the burden of proof is ubiquitous. In reasoned discourse, the idea goes, it is almost always the case that one party must prove the claim at (...) |
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) |
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A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule (...) |
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with Thomas F. Gordon and Henry Prakken. Artificial Intelligence, forthcoming. [Preprint posted.]. |
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