Burdens of Proof and the Case for Unevenness
Argumentation 27 (3):259-282 (2013)
Abstract
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.Author Profiles
DOI
10.1007/s10503-012-9285-4
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Citations of this work
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Presumption as a Modal Qualifier: Presumption, Inference, and Managing Epistemic Risk.David Godden - 2017 - Argumentation 31 (3):485-511.
The Compliment of Rational Opposition: Disagreement, Adversariality, and Disputation.David Godden - 2021 - Topoi 40 (5):845-858.
On Presumptions, Burdens of Proof, and Explanations.Petar Bodlović - 2020 - Informal Logic 40 (2):255-294.
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References found in this work
Enquiries Concerning the Human Understanding and Concerning the Principles of Morals.David Hume (ed.) - 1777 - Greenwood Press.
Dialectics: A Controversy-Oriented Approach to the Theory of Knowledge.Nicholas Rescher - 1977 - State University of New York Press.
Enquiries concerning Human Understanding and concerning the Principles of Morals.David Hume, L. A. Selby-Bigge & P. H. Nidditch - 1976 - Revue Philosophique de la France Et de l'Etranger 166 (2):265-266.