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.

The precautionary principle is frequently invoked in environmental law and policy, and the debate around the principle indicates that there is little agreement on what 'taking precautions' means. The purpose of the present paper is to provide an improved conceptual foundation for this debate in the form of an explication of the concept of precaution. Distinctions between precaution and two related concepts, prevention and pessimism, are briefly discussed. The concept of precaution is analysed in terms of precautionary actions. It is (...) argued that precautionary actions are implicitly assumed to be precautionary with respect to something, and that this assumption should be made explicit. A definition of a precautionary action involving three necessary and jointly sufficient conditions (intentionality, uncertainty and reasonableness) is proposed, and the implications of this analysis for the debate on the precautionary principle are discussed. (shrink)

Homoeopathy is commonly recognised as pseudoscience. However, there is, to date, no systematic discussion that seeks to establish this view. In this paper, we try to fill this gap. We explain the nature of homoeopathy, discuss the notion of pseudoscience, and provide illustrative examples from the literature indicating why homoeopathy fits the bill. Our argument contains a conceptual and an empirical part. In the conceptual part, we introduce the premise that a doctrine qualifies as a pseudoscience if, firstly, its proponents (...) claim scientific standing for it and, secondly, if they produce bullshit to defend it, such that, unlike science, it cannot be viewed as the most reliable knowledge on its topic. In the empirical part, we provide evidence that homoeopathy fulfils both criteria. The first is quickly established since homoeopaths often explicitly claim scientificity. To establish the second, we dive into the pseudo-academic literature on homoeopathy to provide evidence of bullshit in the arguments of homoeopaths. Specifically, we show that they make bizarre ontological claims incompatible with natural science, illegitimately shift the burden of proof to sceptics, and mischaracterise, cherry-pick, and misreport the evidence. Furthermore, we demonstrate that they reject essential parts of established scientific methodology and use epistemically unfair strategies to immunise their doctrine against recalcitrant evidence. (shrink)

lt is now commonplace in fallacy inquiry for many of the traditional informal fallacies to be viewed as reasonable or nonfallacious modes of argument. Central to this evaluative shift has been the attempt to examine traditional fallacies within their wider contexts of use. However, this pragmatic turn in fallacy evaluation is still in its infancy. The true potential of a contextual approach in the evaluation of the fallacies is yet to be explored. I examine how, in the context of scientific (...) inquiry, certain traditional fallacies function by conferring epistemic gains upon inquiry. Specifically, I argue that these fallacies facilitate the progression of inquiry, particularly in the initial stages ofinquiry when the epistemic context is one of uncertainty. The conception of these fallacies that emerges is that of heuristics of reasoning in contexts of epistemic uncertainty. (shrink)

We are pleased to release this edition of Ralph Johnson’s The Rise of Informal Logic as Volume 2 in the series Windsor Studies in Argumentation. This edition is a reprint of the previous Vale Press edition with some typographical errors and other minor mistakes corrected. The prime motive for gathering Ralph H. Johnson’s essays under one cover is their clear articulation of the goals, concerns and problems of the discipline of informal logic. To my knowledge all of the published articles, (...) even of the 1980s, are still in print. But some are obtainable only by special request of a journal back issue. Their availability, even their existence, is not nearly widely enough known, and this volume is dedicated to remedying that disservice to those currently working in the field of informal logic, critical thinking, argumentation, and practical reasoning. Three of these sixteen pieces appear here in print for the first time. The previously published pieces have appeared from 1980 to 1992 as chapters in collective works or as articles in journals, and these in turn published in Canada, USA, The Netherlands and Belgium. It is hoped that gathering this hitherto scattered material under one cover will contribute to a greater understanding of what informal logic is, and to an enhanced sense of the impact of Johnson’s ideas. A discipline of informal logic might exist today without the writings of Johnson and his frequent co-author, J. Anthony Blair. But it would almost certainly be quite different from what it actually is. (shrink)

Arguments from ignorance should be schematized: It has not been proven false that p. So it is possible that p. So, it is reasonable to believe p. Also, in opposition to standard views they should be distinguished from burden of proof and absence of evidence arguments. Much of the persuasiveness of such arguments can be located in the slippery uses of "possible." Besides equivocations on "possible" the argument is a fallacy for two reasons. First, the possibility implied by the first (...) premise does not yield the serious possibility that is needed for establishing the conclusion. Second, ignorance is never sufficient reason for belief, only adequate evidence. (shrink)