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 when one is required to provide supporting arguments for it as part of a deliberative process. We show that the attitudinal burden with respect to certain propositions is unevenly distributed in some deliberative contexts, but in all of these contexts, establishing the degree of support for the proposition is merely a means to some other deliberative end, such as action guidance, or persuasion. By contrast, uneven distributions of the dialectical burden regularly further the aims of deliberation, even in contexts where the quest for truth is the sole deliberative aim, rather than merely a means to some different deliberative end. We argue that our distinction between these two burdens resolves puzzles about unevenness that have been raised in the literature. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

This paper attempts to deconstruct and undercut the so-called problem of evil from a multitude of perspective. It patches works of scholars from both Christian and Muslim traditions to give the response anyone needs. It also highlights the vagueness of atheism.

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)

The debate on the ethical permissibility of autonomous weapon systems (AWS) is deadlocked. It could therefore benefit from a differentiated assignment of the burden of proof. This is because the discussion is not purely philosophical in nature, but has a legal and security policy component and aims to avoid the most harmful outcomes of an otherwise unchecked development. Opponents of a universal AWS ban must clearly demonstrate that AWS comply with the Law of Armed Conflict (LOAC). This requires extensive (...) testing of specific models to verify compliance in realistic combat situations; working on appropriate testing regimes is also one of the most important future tasks for AWS ethics. In this context, however, it is easy to refute the claim put forward by prohibitionists that AWS violate LOAC a priori. A state’ s right to ensure security and the protection of human rights through military capacity has a high ethical value. Other arguments against the use of AWS that are not based on LOAC conformity must therefore meet a substantial burden of proof, as they call on governments to abandon a military technology which is at least potentially transformative. None of those objections meet this standard. They include not only culturally or even individually divergent norms and ideas regarding the use of weapons, but also consequentialist (security policy) concerns on the one hand and so-called deontological arguments on the other. While the former at least point to the need for essential regulation, the latter are based on rather dubious premises. For the purposes of solutions beneficial to humanity, prohibitionist should formulate narrower and more specific points of criticism. (shrink)

The paper proposes two logical analyses of (the norms of) justification. In a first, realist-minded case, truth is logically independent from justification and leads to a pragmatic logic LP including two epistemic and pragmatic operators, namely, assertion and hypothesis. In a second, antirealist-minded case, truth is not logically independent from justification and results in two logical systems of information and justification: AR4 and AR4¢, respectively, provided with a question-answer semantics. The latter proposes many more epistemic agents, each corresponding to a (...) wide variety of epistemic norms. After comparing the different norms of justification involved in these logical systems, two hexagons expressing Aristotelian relations of opposition will be gathered in order to clarify how (a fragment of) pragmatic formulas can be interpreted in a fuzzy-based question-answer semantics. (shrink)

I discuss two types of evidential problems with the most widely touted experiments in evolutionary psychology, those performed by Leda Cosmides and interpreted by Cosmides and John Tooby. First, and despite Cosmides and Tooby's claims to the contrary, these experiments don't fulfil the standards of evidence of evolutionary biology. Second Cosmides and Tooby claim to have performed a crucial experiment, and to have eliminated rival approaches. Though they claim that their results are consistent with their theory but contradictory to the (...) leading non-evolutionary alternative, Pragmatic Reasoning Schemas theory, I argue that this claim is unsupported. In addition, some of Cosmides and Tooby's interpretations arise from misguided and simplistic understandings of evolutionary biology. While I endorse the incorporation of evolutionary approaches into psychology, I reject the claims of Cosmides and Tooby that a modular approach is the only one supported by evolutionary biology. Lewontin's critical examinations of the applications of adaptationist thinking provide a background of evidentiary standards against which to view the currently fashionable claims of evolutionary psychology. (shrink)

Presumption is a complex concept in law, affecting the dialogue setting. However, it is not clear how presumptions work in everyday argumentation, in which the concept of “plausible argumentation” seems to encompass all kinds of inferences. By analyzing the legal notion of presumption, it appears that this type of reasoning combines argument schemes with reasoning from ignorance. Presumptive reasoning can be considered a particular form of reasoning, which needs positive or negative evidence to carry a probative weight on the conclusion. (...) For this reason, presumptions shift the burden of providing evidence or explanations onto the interlocutor. The latter can provide new information or fail to do so: whereas in the first case the new information rebuts the presumption, in the second case, the absence of information that the interlocutor could reasonably provide strengthen the conclusion of the presumptive reasoning. In both cases the result of the presumption is to strengthen the conclusion of the reasoning from lack of evidence. As shown in the legal cases, the effect of presumption is to shift the burden of proof to the interlocutor; however, the shift a presumption effects is only the shift of the evidential burden, or the burden of completing the incomplete knowledge from which the conclusion was drawn. The burden of persuasion remains on the proponent of the presumption. On the contrary, reasoning from definition in law is a conclusive proof, and shifts to the other party the burden to prove the contrary. This crucial difference can be applied to everyday argumentation: natural arguments can be divided into dialectical and presumptive arguments, leading to conclusions materially different in strength. -/- . (shrink)

Janet Radcliffe Richards’ The Ethics of Transplants outlines a novel framework for moral inquiry in practical contexts and applies it to the topic of paid living kidney donation. In doing so, Radcliffe Richards makes two key claims: that opponents of organ markets bear the burden of proof, and that this burden has not yet been satisfied. This paper raises four related objections to Radcliffe Richards’ methodological framework, focusing largely on how Radcliffe Richards uses this framework in her discussion (...) of kidney sales. We conclude that Radcliffe Richards’ method of inquiry hinders our ability to answer the very question that it ought to help us resolve: What is there best reason to do, all things considered? (shrink)

Deepfakes and other forms of synthetic media are widely regarded as serious threats to our knowledge of the world. Various technological responses to these threats have been proposed. The reactive approach proposes to use artificial intelligence to identify synthetic media. The proactive approach proposes to use blockchain and related technologies to create immutable records of verified media content. I argue that both approaches, but especially the reactive approach, are vulnerable to a problem analogous to the ancient problem of the criterion—a (...) line of argument with skeptical implications. I argue that, while the proactive approach is relatively resistant to this objection, it faces its own serious challenges. In short, the proactive approach would place a heavy burden on users to verify their own content, a burden that is exacerbated by and is likely to exacerbate existing inequalities. (shrink)

We review the definition of the Full Bayesian Significance Test (FBST), and summarize its main statistical and epistemological characteristics. We review also the Abstract Belief Calculus (ABC) of Darwiche and Ginsberg, and use it to analyze the FBST’s value of evidence. This analysis helps us understand the FBST properties and interpretation. The definition of value of evidence against a sharp hypothesis, in the FBST setup, was motivated by applications of Bayesian statistical reasoning to legal matters where the sharp hypotheses were (...) defendants statements, to be judged according to the Onus Probandi juridical principle. (shrink)

The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims. The objective of the present study is to critically evaluate the application of the concept of burden of proof underWTOdispute settlement mechanism.

Peter van Inwagen's Direct Argument (DA) for incompatibilism purports to establish incompatibilism with respect to moral responsibility and determinism without appealing to assumptions that compatibilists usually consider controversial. Recently, Michael McKenna has presented a novel critique of DA. McKenna's critique raises important issues about philosophical dialectics. In this article, we address those issues and contend that his argument does not succeed.

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that a person knows (...) a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

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 (...) effect of shifting, in a dialogue, a burden of proof set at a local level. Presumptions can be analysed and evaluated inferentially as components of rule-based structures. Presumptions are defeasible, and the force of a presumption is a function of its normative foundation. This picture seeks to provide a framework to guide the development of specific theories of presumption. (shrink)

Should people include beef in their diet? This chapter argues that the answer is “no” by reviewing what is known and not known about the presence in cattle of three psychological traits: pain, desire, and self-consciousness. On the basis of behavioral and neuroanatomical evidence, the chapter argues that cattle are sentient beings who have things they want to do in the proximal future, but they are not self-conscious. The piece rebuts three important objections: that cattle have injury information but not (...) pain; that cattle have goal-directed behavior but not desire; and that the absence of evidence for bovine self-consciousness should not be taken as evidence that cattle lack self-consciousness. In sum, what is known about cattle cognition shifts the moral burden of proof on to the beef eaters. (shrink)

Robert Koons claims that my previous critique of his “new” cosmological argument is vitiated by confusion about the nature of defeasible argumentation.In response, I claim that Koons misrepresents—and perhaps misunderstands—the nature of my objections to his “new” cosmological argument. The main claims which I defend are: (1) that the move from a non-defeasible to a defeasible causal principle makes absolutely no difference to the success of the cosmological argument in which it is contained; and (2) that, since it is perfectly (...) well understood that non-theists have many reasons for rejecting the defeasible causal principle, it is pointless to claim that the move to a defeasible principle brings about a shift in the “burden of proof”. (Since some people may have forgotten—or may choose to ignore—the fact that non-theists do have reasons for rejecting the defeasible causal principle, I also provide a discussion of a modest sample of these reasons.). (shrink)

The implicit dimension of enthymemes is investigated from a pragmatic perspective to show why a premise can be left unexpressed, and how it can be used strategically. The relationship between the implicit act of taking for granted and the pattern of presumptive reasoning is shown to be the cornerstone of kairos and the fallacy of straw man. By taking a proposition for granted, the speaker shifts the burden of proving its un-acceptability onto the hearer. The resemblance of the tacit (...) premise with what is commonly acceptable or has been actually stated can be used as a rhetorical strategy. (shrink)

One sceptical rejoinder to those who claim that sensory perception is cognitively penetrable is to appeal to the involvement of attention. So, while a phenomenon might initially look like one where, say, a perceiver’s beliefs are influencing her visual experience, another interpretation is that because the perceiver believes and desires as she does, she consequently shifts her spatial attention so as to change what she senses visually. But, the sceptic will urge, this is an entirely familiar phenomenon, and it hardly (...) involves some special or theoretically important cognitive effect on sensory perception. Even supposing that the sceptic is correct about cases that are accurately described in this way, the rejoinder oversimplifies the possible roles that attention may play in mediating cognition and perception. This paper aims to identify these different roles, and by emphasis on empirical research on feature-based and object-based attention. What emerges is a plausible and well- evidenced mental schema that describes attention -mediated cognitive penetration. At the very least, the burden of proof is shifted to the sceptic, as he then must show that there are no mental phenomena involving attention in the more nuanced ways described here. One additional benefit of this analysis is that it illuminates various features of attention and its relation to both cognition and phenomenal consciousness. Therefore the analysis should be of interest to a broad range of theorists of the mind, and not just those invested in the cognitive penetration debate. (shrink)

For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity account, and Sarah Moss’ (...) knowledge-first account, before critiquing each in turn. After such an analysis, the thesis then defends the claim that legal verdicts require the factfinder (e.g., the judge or jury) to have a justified de re belief (i.e., a belief about a specific object – namely the defendant), and that this doxastic requirement justifies the disparity in rulings, as it is epistemically insufficient to justify a de re belief based on bare statistical evidence alone. A brief account of how these beliefs are formed and spread is also given. After making such a distinction, the thesis then formalizes the burdens of proof of the preponderance of the evidence and beyond a reasonable doubt using the de re/de dicto distinction. Finally, the thesis pre-empts possible objections, namely by providing an account of DNA evidence as individual evidence and giving an account of how false convictions can occur on the de re view of legal proof. (shrink)

When we use a word, we face a crucial epistemic gap: we ground our move on the fact that our interlocutor knows the meaning of the word we used, and therefore he can interpret our dialogical intention. However, how is it possible to know the other’s mind? Hamblin explained this dialogical problem advancing the idea of dialectical meaning: on his view, the use of a word is based on a set of presumptions. Building on this approach, the use of a (...) word in a dialogue can be analyzed in terms of presumptive reasoning, while the manipulative strategies based on slanted or loaded terms or redefinitions can be conceived as forms of conflicts of presumptions. A presumptive approach to meaning can also ground different dialectical strategies to solve misunderstanding or definitional disagreements, or tactics to undermine the interlocutor’s arguments by advancing charges of equivocation. (shrink)

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general philosophical (...) morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

This paper proposes a reading of Galileo’s Letter to the Grand Duchess Christina as analogous to a legal brief submitted to a court en banc. The Letter develops a theory of the general issues underlying the case at hand, but it is organized around advocacy for a particular judgment. I have drawn two architectonic implications from this framework, each of which helps to resolve an issue still standing in the literature. First, the Letter anticipates varying degrees of acquiescence to its (...) general account, and provides ‘hooks’ for different readers to interpret variously while still converging on the particular judgment. This reading allows for a coherent Galilean interpretation of passages that notoriously concede priority to Scripture, while also explaining their dialectical function. Galileo is neither self-contradictory nor dissimulating here, but strategically leaves the specification of key distinctions for the reader. Second, the Letter, and particularly its apparent shifting of the burden of proof, must be understood in light of the tripartite ‘adversarial-judicial’ framework that Galileo sets up. The burden of proof is shifted to anti-Copernicans within the Church, not as a rhetorical trick, but because of the benefits of adversarial procedure that will accrue to the Church as the responsible judge. (shrink)

The universality assumption (“U”) that quantum wave states only evolve by linear or unitary dynamics has led to a variety of paradoxes in the foundations of physics. U is not directly supported by empirical evidence but is rather an inference from data obtained from microscopic systems. The inference of U conflicts with empirical observations of macroscopic systems, giving rise to the century-old measurement problem and subjecting the inference of U to a higher standard of proof, the burden of which (...) lies with its proponents. This burden remains unmet because the intentional choice by scientists to perform interference experiments that only probe the microscopic realm disqualifies the resulting data from supporting an inference that wave states always evolve linearly in the macroscopic realm. Further, the nature of the physical world creates an asymptotic size limit above which interference experiments, and verification of U in the realm in which it causes the measurement problem, seem impossible for all practical purposes if nevertheless possible in principle. This apparent natural limit serves as evidence against an inference of U, providing a further hurdle to the proponent’s currently unmet burden of proof. The measurement problem should never have arisen because the inference of U is entirely unfounded, logically and empirically. (shrink)

It is a fact that there is ethical criticism about art. Art critics, the general public and even artists point out moral flaws in artworks while evaluating them. Philosophers, however, have maintained a hot debate on the meaning of such criticism. This debate can be understood as a disagreement about the kind of relation between the artistic value of artworks and their alleged moral value. While some claim that moral value can contribute to artistic value (moralism), others claim that there (...) cannot be such a contribution (autonomism). Since at least some works of architecture are artworks, that debate also concerns architecture. A moderate moralist view claims that some works of architecture have moral flaws/merits that bear on their artistic evaluation. In an apparently promising version, the contention is that some moral flaws/merits are aesthetically relevant. In this paper I argue against such contention and defend an autonomist view. Following some taxonomy remarks I distinguish the views in the debate and present two points in favour of autonomism: its simplicity and not having the burden of proof. Then I discuss Carroll’s merited response argument for moralism and I argue that in its best interpretation either it begs the question against autonomism or it is compatible with it. I conclude with some possible objections that may help further investigations on the subject. (shrink)

A dogma accepted in many ethical, religious, and legal frameworks is that the reasons behind conscientious objection (CO) in healthcare cannot be evaluated or judged by any institution because conscience is individual and autonomous. This paper shows that this background view is mistaken: the requirement to reveal and explain the reasons for conscientious objection in healthcare is ethically justified and legally desirable. Referring to real healthcare cases and legal regulations, this paper argues that these reasons should be evaluated either ex (...) ante or ex post and defends novel conceptual claims that have not been analyzed in the debates on CO. First, a moral threshold requirement: CO is only justified if the reasons behind a refusal are of a moral nature and meet a certain threshold of moral importance. Second, this paper considers the rarely discussed conceptual similarities between CO in healthcare and the legal regulations concerning military refusals that place the burden of proof on conscientious objectors. This paper concludes that conscientious objection in healthcare can be accommodated only in some cases of destroying or killing human organisms. (shrink)

The adage, “one person’s terrorist is another person’s freedom fighter,” is offered as a plausible example of evoking moral relativism. Moral relativists recognize no transcultural moral facts. So, for them, even the concept of harm would be subjective or context-sensitive. Yet one can appeal to cogent transcultural moral reasons to distinguish between deliberately and unjustifiably harming impeccably innocent people and those who might engage in justifiably harming those guilty of grave crimes. In the face of the preventable evil acts that (...) terrorists frequently perpetrate against impeccably innocent people, it is argued that moral relativists have a substantive burden of proof to demonstrate that no cogent transcultural moral reasons exist against the practice of terrorism. In the absence of such a demonstration, it is reasonable to believe that the practice of terrorism, while not totally defeating moral relativism, seems to undermine its credibility. (shrink)

This paper is a complement to the recent wealth of literature suggesting a strong philosophical relationship between artificial life (A-Life) and artificial intelligence (AI). I seek to point out where this analogy seems to break down, or where it would lead us to draw incorrect conclusions about the philosophical situation of A-Life. First, I sketch a thought experiment (based on the work of Tom Ray) that suggests how a certain subset of A-Life experiments should be evaluated. In doing so, I (...) suggest that treating A-Life experiments as if they were just AI experiments applied to a new domain may lead us to see problems (like Searle’s “Chinese room”) which do not exist. In the second half of the paper, I examine the reasons for suggesting that there is a philosophical relationship between the two fields. I characterize the strong thesis for a translation of AI concepts, metaphors, and arguments into A-Life as the “global replacement strategy.” Such a strategy is only fruitful inasmuch as there is a strong analogy between AI and A-Life. I conclude the paper with a discussion of two areas where such a strong analogy seems to break down. These areas relate to eliminative materialism and the lack of a “subjective” element in biology. I conclude that the burden of proof lies with the person who wishes to import a concept from another discipline into A-Life, even if that other discipline is AI. (shrink)

Epistemic conservatism maintains that some beliefs are immediately justified simply because they are believed. The intuitive implausibility of this claim sets the burden of proof against it. Some epistemic conservatives have sought to lessen this burden by limiting its scope, but I show that they cannot remove it entirely. The only hope for epistemic conservativism is to appeal to its theoretical fruit. However, such a defense is undercut by the introduction of phenomenal conservatism, which accomplishes the same work (...) from a more intuitive starting point. Thus, if one opts for conservatism, better to choose the phenomenal kind. (shrink)

Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary condition for the truth (...) of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

In this paper, it is argued that terrorism undermines the justification of perspective relativism. The cliché, “one person’s terrorist is another person’s freedom fighter,” is offered as an example of perspective relativism. Perspective relativists argue that moral principles and judgments have no universal moral import. Those who defend the cliché expression presuppose that the evaluation of terrorism is necessarily perspectival. For them, there are no morally objective differences, e.g., between deliberately killing combatants and deliberately killing innocent noncombatants. Yet there are (...) morally objective differences between these two acts. While the first act might be justified, the second act is considered murder. Hence, the evaluation of terrorism is not necessarily perspectival. Therefore, in the face of the evil that terrorists bring about, it is argued that perspective relativists have a substantive burden of proof to show that there are no transcultural moral values. (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...) difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

Selgelid and Koplin’s article ‘Kidney Sales and the Burden of Proof’ (K&S 2019) presents a series of detailed and persuasive arguments, intended to demolish my own arguments against the prohibition of organ selling. And perhaps they might succeed, if the case described by the authors were anything like the one I actually make. However, notwithstanding the extensive quotations and the detailed explanations of the way I supposedly argue, this account of my position comprehensively mistakes both the conclusions I reach (...) and the arguments I give for them. -/- I know that there are around many misconceptions about my views on this subject, but I have always hoped they could not survive a reading of what I had actually written. I have just—after a gap of many years—looked again at the two most recent of the texts Koplin and Selgelid refer to, and it goes without saying that I can see various things I could now do better; but I do still find these misinterpretations hard to understand. And since anyone with nothing to go on but this article would reasonably conclude that the original texts were not worth reading, I am grateful to the editors for the opportunity to try to set the record straight. -/- I presume not many readers would be interested in a detailed comparative commentary on the texts, showing where this account gets my intentions wrong. I shall try instead to explain how what I do mean—and what I think I say—diverges from what is said here, and then go on to a brief outline of what my arguments and conclusions really are. I hope this may also give some sense of why, for all the opposition I have encountered since I was first drawn into this debate, I persist in thinking that the work I have been doing is important not only for this topic but for analysis in practical ethics more generally. (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical considerations, (...) aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

In debates about animal sentience, the precautionary principle is often invoked. The idea is that when the evidence of sentience is inconclusive, we should “give the animal the benefit of the doubt” or “err on the side of caution” in formulating animal protection legislation. Yet there remains confusion as to whether it is appropriate to apply the precautionary principle in this context, and, if so, what “applying the precautionary principle” means in practice regarding the burden of proof for animal (...) sentience. Here I construct a version of the precautionary principle tailored to the question of animal sentience together with a practical framework for implementing it. I explain and defend the key features of this framework, argue that it is well-aligned with current practice in animal welfare science, and consider and reject a number of influential counterarguments to the use of precautionary reasoning in this area. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...) others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on the (...) fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

Various studies have reported that moral intuitions about the permissibility of acts are subject to framing effects. This paper reports the results of a series of experiments which further examine the susceptibility of moral intuitions to framing effects. The main aim was to test recent speculation that intuitions about the moral relevance of certain properties of cases might be relatively resistent to framing effects. If correct, this would provide a certain type of moral intuitionist with the resources to resist challenges (...) to the reliability of moral intuitions based on such framing effects. And, fortunately for such intuitionists, although the results can’t be used to mount a strident defence of intuitionism, the results do serve to shift the burden of proof onto those who would claim that intuitions about moral relevance are problematically sensitive to framing effects. (shrink)

Experimental philosophers have challenged friends of the expertise defense to show that the intuitive judgments of professional philosophers are different from the intuitive judgments of nonphilosophers, and the intuitive judgments of professional philosophers are better than the intuitive judgments of nonphilosophers, in ways that are relevant to the truth or falsity of such judgments. Friends of the expertise defense have responded by arguing that the burden of proof lies with experimental philosophers. This article sketches three arguments which show that (...) both and are probably false. If its arguments are cogent, then shifting the burden of proof is a futile move, since philosophical training makes no difference so far as making intuitive judgments in response to hypothetical cases is concerned. (shrink)

It is clear that beliefs can be assessed both as to their justification and their rationality. What is not as clear, however, is how the rationality and justification of belief relate to one another. Stewart Cohen has stumped for the popular proposal that rationality and justification come to the same thing, that rational beliefs just are justified beliefs, supporting his view by arguing that ‘justified belief’ and ‘rational belief’ are synonymous. In this paper, I will give reason to think that (...) Cohen’s argument is spurious. I will show that ‘rational’ and ‘justified’ occupy two distinct semantic categories – ‘rational’ is an absolute gradable adjective and ‘justified’ is a relative gradable adjective – telling against the thought that ‘rational belief’ and ‘justified belief’ are synonymous. I will then argue that the burden of proof is on those who would equate rationality and justification, making the case that those who hold this prominent position face the difficulty of explaining how rationality and justification come to the same thing even though ‘rational’ and ‘justified’ are not synonymous. (shrink)

Animal welfare scientists face an acute version of the problem of inductive risk, since they must choose whether to affirm attributions of mental states to animals in advisory contexts, knowing their decisions hold consequences for animal welfare. In such contexts, the burden of proof should be sensitive to the consequences of error, but a framework for setting appropriate burdens of proof is lacking. Through reflection on two cases—pain and cognitive enrichment—I arrive at a tentative framework based on the principle (...) of expected welfare maximization. I then discuss the limitations of this framework and the questions it leaves open. (shrink)

According to an influential view about directed expressive duties (e.g., duties to express gratitude to benefactors, remorse to victims, forgiveness to wrongdoers), these duties do not have rights as their correlates, because they are not demandable and enforceable. The chapter argues that this view is mistaken. Like other directed duties, directed expressive duties are demandable and enforceable. While this does not entail that these duties have rights as their correlates, it does create a strong presumption of this being the case. (...) This shifts the burden of proof from those who hold that expressive duties correlate with rights to those who deny it. (shrink)

Our beliefs about which actions we ought to perform clearly have an effect on what we do. But so-called “Humean” theories—holding that all motivation has its source in desire—insist on connecting such beliefs with an antecedent motive. Rationalists, on the other hand, allow normative beliefs a more independent role. I argue in favor of the rationalist view in two stages. First, I show that the Humean theory rules out some of the ways we ordinarily explain actions. This shifts the (...) class='Hi'>burden of proof onto Humeans to motivate their more restrictive, revisionary account. Second, I show that they are unlikely to discharge this burden because the key arguments in favor of the Humean theory fail. I focus on some of the most potent and most recent lines of argument, which appeal to either parsimony, the teleological nature of motivation, or the structure of practical reasoning. (shrink)

Do biological relations ground responsibilities between biological fathers and their offspring? Few think biological relations ground either necessary or sufficient conditions for responsibility. Nevertheless, many think biological relations ground responsibility at least partially. Various scenarios, such as cases concerning the responsibilities of sperm donors, have been used to argue in favor of biological relations as partially grounding responsibilities. In this article, I seek to undermine the temptation to explain sperm donor scenarios via biological relations by appealing to an overlooked feature (...) of such scenarios. More specifically, I argue that sperm donor scenarios may be better explained by considering the unique abilities of agents involved. Appealing to unique ability does not eliminate the possibility of biological relations providing some explanation for perceived responsibilities on the part of biological fathers. However, since it is unclear exactly why biological relations are supposed to ground responsibility in the first place, and rather clear why unique ability grounds responsibility in those scenarios where it is exhibited, the burden of proof seems shifted to those advocating biological relations as grounds of responsibility to provide an explanation. Since this seems unlikely, I conclude it is best to avoid appealing to biological relations as providing grounds for responsibility. (shrink)

Many consequentialists take their theory to be anchored by a deeply intuitive idea, the “Compelling Idea” that it is always permissible to promote the best outcome. I demonstrate that this Idea is not, in fact, intuitive at all either in its agent-neutral or its evaluator-relative form. There are deeply intuitive ideas concerning the relationship of deontic to telic evaluation, but the Compelling Idea is at best a controversial interpretation of such ideas, not itself one of them. Because there is no (...) Compelling Idea at the heart of consequentialism, there is no initial burden of proof to be discharged nor any air of paradox to be cleared away by its opponents. (shrink)

Necessity, but not possibility, is typically thought to be rare and suspicion-worthy. This manifests in an asymmetry in the burden of proof incurred by modal claims. In general, claims to the effect that some proposition is impossible/necessary require significant argumentative support and, in general, claims to the effect that some proposition is possible/contingent are thought to be justified freely or by default. Call this the possibility bias. In this paper, I argue that the possibility bias is not epistemically justified. (...) We should regard possibility with at least as much suspicion, that is to say as incurring at least as much of an explanatory demand, as necessity. In fact, I suggest that we might even be justified in reversing the burden of proof asymmetry and adopting a necessity bias. This has quite radical implications for philosophical methodology and hence for many first-order philosophical concerns. (shrink)

There are many parts of science in which a certain sort of underdetermination of theory by evidence is known to be common. It is argued that reflection on this fact should serve to shift the burden of proof from scientific anti-realists to scientific realists at a crucial point in the debate between them.

We face reality presented with the data of conscious experience and nothing else. The project of early modern philosophy was to build a complete theory of the world from this starting point, with no cheating. Crucial to this starting point is the data of conscious sensory experience – sense data. Attempts to avoid this project often argue that the very idea of sense data is confused. But the sense-data way of talking, the sense-data language, can be freed from every blemish (...) using ideas from contemporary metaontology. We can adopt a sense-data framework that vindicates the traditional claims of sense-data theories and leads to plausible theories of perception and color. We can, we should, and in a sense, we must. Yet when we do, we face the traditional problem of external world skepticism, head-on. The real challenge of skepticism is forced upon us; it cannot honestly be avoided using externalist tricks, burden of proof shifting, or other razzle dazzle. But the challenge can be met: we are rational to posit the external world as the best explanation of the many synchronic and diachronic patterns over our sense-data. This paper argues for all of these points and ends with a plea for analytic empiricism – a traditional sense-data version of empiricism that uses all of the tools of analytic philosophy while avoiding the more questionable doctrines of the Vienna Circle (phenomenalism, verificationism). Analytic empiricism is our last best hope for completing the great philosophical project of early modern philosophy. (shrink)