Dialogical egalitarianism is the thesis that any proposition asserted in dialogue, if questioned, must be supported or else retracted. Dialogical foundationalism is the thesis that some propositions are privileged over this burden of proof, standing in no need of support unless and until support for their negation is provided. I first discuss existing arguments for either thesis, dismissing each one of them. Absent a successful principled argument, I then examine which thesis it is pragmatically more advantageous to adopt in (...) analytic philosophical dialogue. This requires identifying the goal of such dialogue, to the attainment of which the thesis would be so advantageous. To identify this goal, I draw on Douglas Walton’s typology of dialogues for an analysis of the types of dialogue of 110 representatively selected journal articles in current analytic philosophy. 95% of articles are found to instantiate persuasion dialogue. In light of the thus prevalent goal of persuading one’s opponent, I argue that the adoption of dialogical egalitarianism in analytic philosophical dialogue is pragmatically inescapable. (shrink)

The burden of proof (BOP) fallacy is an informal fallacy involving the failure to recognize or properly assign the BOP in a persuasive reasoned dialogue, that is, an interchange between two or more parties whose aim is to prove or defend a position and, in doing so, persuade the other side of its truth or plausibility. In some such dialogues, the amount or strength of evidence required in order to accomplish this goal reasonably may differ for one of the (...) parties involved. The BOP fallacy can occur in two ways. The first is when one side of the dialogue fails to recognize that its opponent incurs the BOP. The second way the BOP fallacy can occur is when one side of the dialogue assigns the BOP incorrectly. There are still some factors that play a role in determining which side of a dialogue incurs the BOP and this chapter discusses these factors. (shrink)

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)

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.

In this paper, a solution to the problem of analyzing burden of proof in argumentation is developed by building on the pioneering work of Erik C. W. Krabbe on metadialogues. Three classic cases of burden of proof disputes are analyzed, showing how metadialogue theory can solve the problems they pose. The solution is based on five dialectical requirements: (1) global burden of proof needs to be set at the confrontation stage of a dialogue, (2) there need to (...) be special mechanisms for resolving disputes about burden of proof at all four stages of the dialogue, (3) they are especially significant during the argumentation stage, where burden of proof often shifts back and forth at each move, (4) such local shifts need to be partly regulated by the global burden of proof already set, and (5) the connection between burden of proof and the speech act of making a presumption in a dialogue needs to be clarified. (shrink)

Using the lives of the three outstanding French intellectuals of the twentieth century, renowned historian Tony Judt offers a unique look at how intellectuals can ignore political pressures and demonstrate a heroic commitment to personal integrity and moral responsibility unfettered by the difficult political exigencies of their time. Through the prism of the lives of Leon Blum, Albert Camus, and Raymond Aron, Judt examines pivotal issues in the history of contemporary French society—antisemitism and the dilemma of Jewish identity, political and (...) moral idealism in public life, the Marxist moment in French thought, the traumas of decolonization, the disaffection of the intelligentsia, and the insidious quarrels rending Right and Left. Judt focuses particularly on Blum's leadership of the Popular Front and his stern defiance of the Vichy governments, on Camus's part in the Resistance and Algerian War, and on Aron's cultural commentary and opposition to the facile acceptance by many French intellectuals of communism's utopian promise. Severely maligned by powerful critics and rivals, each of these exemplary figures stood fast in their principles and eventually won some measure of personal and public redemption. Judt constructs a compelling portrait of modern French intellectual life and politics. He challenges the conventional account of the role of intellectuals precisely because they mattered in France, because they could shape public opinion and influence policy. In Blum, Camus, and Aron, Judt finds three very different men who did not simply play the role, but evinced a courage and a responsibility in public life that far outshone their contemporaries. "An eloquent and instructive study of intellectual courage in the face of what the author persuasively describes as intellectual irresponsibility."—Richard Bernstein, _New York Times_. (shrink)

Using the lives of the three outstanding French intellectuals of the twentieth century, renowned historian Tony Judt offers a unique look at how intellectuals can ignore political pressures and demonstrate a heroic commitment to personal integrity and moral responsibility unfettered by the difficult political exigencies of their time. Through the prism of the lives of Leon Blum, Albert Camus, and Raymond Aron, Judt examines pivotal issues in the history of contemporary French society—antisemitism and the dilemma of Jewish identity, political and (...) moral idealism in public life, the Marxist moment in French thought, the traumas of decolonization, the disaffection of the intelligentsia, and the insidious quarrels rending Right and Left. Judt focuses particularly on Blum's leadership of the Popular Front and his stern defiance of the Vichy governments, on Camus's part in the Resistance and Algerian War, and on Aron's cultural commentary and opposition to the facile acceptance by many French intellectuals of communism's utopian promise. Severely maligned by powerful critics and rivals, each of these exemplary figures stood fast in their principles and eventually won some measure of personal and public redemption. Judt constructs a compelling portrait of modern French intellectual life and politics. He challenges the conventional account of the role of intellectuals precisely because they mattered in France, because they could shape public opinion and influence policy. In Blum, Camus, and Aron, Judt finds three very different men who did not simply play the role, but evinced a courage and a responsibility in public life that far outshone their contemporaries. "An eloquent and instructive study of intellectual courage in the face of what the author persuasively describes as intellectual irresponsibility."—Richard Bernstein, _New York Times_. (shrink)

The European Union is making increased efforts to find simpler and more effective ways to function adequately in the eyes of its citizens by using ‘soft law’ instruments such as recommendations. Although they have no legally binding force, recommendations have practical and legal effects occurring partly due to their normative content in which a course of action is prescribed and further supported by arguments intended to persuade the addressees of a political position. Although recommendations function as persuasive instruments due to (...) their argumentation, the characteristics of argumentation and how it is employed to convince the addressee to comply with certain measures have not been investigated at all. The main goal of the paper is to explain how arguments are used by the European Commission when recommending Member States to follow a new course of action. First, we will unravel the justificatory reasons employed by the Commission in order to make Member States comply with new measures and we will show how these reasons are combined into an argumentative pattern : 1–23, 2016; J Argum Context 6: 3–26, 2017). This pattern basically prescribes a course of action to Member States, which is further supported by arguments in which the necessity and advantages of following the proposed course of action are justified. Second, we will explain how and why the way in which the arguments are combined in this complex pattern could be potentially persuasive for the Member States despite the legally non-binding character of recommendations. We will show that the European Commission tries to persuade the Member States to take new measures by evading the burden of proof imposed by the legislative framework. At a more specific level of analysis, we will delve into the implicit premises in the argumentation, which enable us to identify cases of evasion of the burden of proof due to the Commission’s use of implicit starting points which might not be accepted by the Member States. (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)

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. Our approach allows the burden of proof for a premise to be assigned to a different party than the one who has the burden of proving the conclusion of the argument, and also to change the burden of proof or applicable proof standard as the dialogue progresses from stage to stage. Useful for modeling legal dialogues, the burden of production and burden of persuasion can be handled separately, with a different responsible party and applicable proof standard for each. Carneades enables critical questions of argumentation schemes to be modeled as additional premises, using premise types to capture the varying effect on the burden of proof of different kinds of questions. (shrink)

Critically examining popular ESL textbooks, this accessible and engaging book uncovers gender and ethnic representations that impact young English language learners in US public schools and provides equitable, egalitarian alternatives.

The argument from ignorance is an informal fallacy that holds either that a statement not known to be true or proven true is false, or a statement not known to be false or proven false is true. For example, some creationists hold that since the theory of evolution has not been proven to be true, it is false. There is, however, a subtlety to this fallacy that is exploited in Richard H. Gaskins's far-ranging study of rhetoric and persuasion in (...) modern legal, philosophical, and scientific communities. The argument can assert that no evidence to support a claim entails that the claim is false if all the relevant supporting or refuting evidence has been collected. Thus, if a creationist claims that the earth was created some five thousand years ago, a critic could reply that abundant evidence refutes the claim. This additional claim in the argument, however, involves controversies about appropriate and adequate evidence, as well as questions of what Gaskins calls "finality and legitimacy." How long should one proceed with the search for evidence and how should one justify the procedures? (shrink)

This mixed-methods case study describes the experiences of a rural health organization in Canada that was a pioneer in undergoing institutionally driven radical change. This change was advocated by senior managers and physicians with the strong backing of the government. The senior managers and physicians made a strong case for the radical change and argued that a focus on efficiency and wellness would lead to improved service and quality of patient-care. However, this radical change initiative was resisted by nurses and (...) support staff who perceived that these changes were being driven by market-based institutional logics and questioned their ethical appropriateness in a public system. They also expressed a lack of trust given the large-scale layoffs in a prior restructuring. These findings run counter to extant theory by highlighting the role of agency despite institutional pressures. Specifically, change implementers not only face the burden of justifying ethical appropriateness of institutional logics, but also are required to engage in persuasive discourse that these institutional logics protect the interests of the members. (shrink)

The German invasion of the Soviet Union in June of 1941 has long been attributed to errors by Joseph Stalin, yet a revisionist position known as the Icebreaker hypothesis has also emerged alleging that Stalin is not to blame. This essay examines why the Icebreaker theory is erroneous based on its lack of concrete facts. The reasons why Operation Barbarossa was so effective are also examined, leading to the conclusion that Stalin should still shoulder most of the blame for Soviet (...) disorganization prior to the invasion. (shrink)

This paper joins the voices warning against hasty transference of legal concepts of presumption to other kinds of argumentation, especially to deliberation about future acts and policies. Comparison of the pragmatics which respectively constitute the illocutionary acts of accusing and proposing reveals important differences in the ways presumptions prompt accusers and proposers to undertake probative responsibilities and, also, points to corresponding differences in their probative duties. This comparison has theoretically important implication regarding the norms governing persuasive argumentation. The paper is (...) based on a broadly Gricean account of speech acts. (shrink)

We present a one per cent measurement of the cosmic distance scale from the detections of the baryon acoustic oscillations in the clustering of galaxies from the Baryon Oscillation Spectroscopic Survey, which is part of the Sloan Digital Sky Survey III. Our results come from the Data Release 11 sample, containing nearly one million galaxies and covering approximately 8500 square degrees and the redshift range 0.2 < z < 0.7. We also compare these results with those from the publicly released (...) DR9 and DR10 samples. Assuming a concordance Λ cold dark matter cosmological model, the DR11 sample covers a volume of 13 Gpc3 and is the largest region of the Universe ever surveyed at this density. We measure the correlation function and power spectrum, including density-field reconstruction of the BAO feature. The acoustic features are detected at a significance of over 7σ in both the correlation function and power spectrum. Fitting for the position of the acoustic features measures the distance relative to the sound horizon at the drag epoch, rd, which has a value of rd,fid = 149.28 Mpc in our fiducial cosmology. We find DV = at z = 0.32 and DV = at z = 0.57. At 1.0 per cent, this latter measure is the most precise distance constraint ever obtained from a galaxy survey. Separating the clustering along and transverse to the line of sight yields measurements at z = 0.57 of DA = and H =. Our measurements of the distance scale are in good agreement with previous BAO measurements and with the predictions from cosmic microwave background data for a spatially flat CDM model with a cosmological constant. © 2014 The Author Published by Oxford University Press on behalf of the Royal Astronomical Society. (shrink)

The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal (...) models are comparatively evaluated with the aim of working out a more comprehensive theory that can integrate the components of the argumentation structure on which they are based. It is shown that the notion of presumption has both a logical component and a dialectical component, and the new theory of presumption developed in the paper, called the dialogical theory, combines these two components. (shrink)

Who carries the burden of proof in analytic philosophical debates, and how can this burden be satisfied? As it turns out, the answer to this joint question yields a fundamental challenge to the very conduct of metaphysics in analytic philosophy. Empirical research presented in this book indicates that the vastly predominant goal pursued in analytic philosophical dialogues lies not in discovering truths or generating knowledge, but merely in prevailing over one’s opponents. Given this goal, the book examines how (...) most effectively to allocate and discharge the burden of proof. It focuses on premises that must prudently be avoided because a burden of proof on them could never be satisfied, and in particular discusses unsupportable bridge premises across inference barriers, like Hume’s barrier between ‘is’ and ‘ought’, or the barrier between the content of our talk or thought, and the world beyond such content. Employing this content/world barrier for a critical assessment of mainstream analytic philosophical methods, this book argues that we must prudently avoid invoking intuitions or other content of thought or talk in support of claims about the world beyond content, that is, metaphysically significant claims. Yet as content-located evidence is practically indispensable to metaphysical debates throughout analytic philosophy, from ethics to the philosophy of mathematics, this book reaches the startling conclusion that all such metaphysical debates must, prudently, be terminated. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their (...) proposals. Specifically, we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

Interest in the Keynesian concept of evidential weight has led to divergent views concerning the burden of proof in adjudication. It is argued that Keynes's concept is properly engaged only in the context of one special kind of decision, the decision whether or not the evidence is ripe for a decision on the underlying merits, whether the latter decision is based on probability, relative plausibility, coherence or otherwise. As a general matter, this question of ripeness is appropriately assigned to (...) the judiciary for resolution as part of the burden of production, rather than to the jury or other factfinder as part of the burden of persuasion. (shrink)

This article presents a formal dialogue game for adjudication dialogues. Existing AI & law models of legal dialogues and argumentation-theoretic models of persuasion are extended with a neutral third party, to give a more realistic account of the adjudicator’s role in legal procedures. The main feature of the model is a division into an argumentation phase, where the adversaries plea their case and the adjudicator has a largely mediating role, and a decision phase, where the adjudicator decides the dispute (...) on the basis of the claims, arguments and evidence put forward in the argumentation phase. The model allows for explicit decisions on admissibility of evidence and burden of proof by the adjudicator in the argumentation phase. Adjudication is modelled as putting forward arguments, in particular undercutting and priority arguments, in the decision phase. The model reconciles logical aspects of burden of proof induced by the defeasible nature of arguments with dialogical aspects of burden of proof as something that can be allocated by explicit decisions on legal grounds. (shrink)

According to Douglas Walton, the concept of presumption relates to both logical and dialogical components. Logically, a presumption is the conclusion of a presumptive defeasible inference. Dialogically, the function of a presumptions to shift the burden of proof to the respondent in order to move the dialogue forward when the proponent, due to an objective lack of evidence, cannot present a sufficiently persuasive proposition. Presumptive status, assigned only at the argumentation stage of dialogue, is provisional: a particular presumption stands (...) until further counter-indications are found. This paper points out some possible difficulties pertaining to Walton’s dialogical model of presumption. Firstly, once a presumption's typical practical function is made precise, Walton’s idea of presumption starts to lose its conceptual cohesion, thereby becoming applicable in the opening stage of dialogue, as well. Secondly, cohesion is lost also in practical contexts, since Walton's "seat belts" example might indicate that presumptions are not evidentially defeasible if the practical stakes are raised high enough. Most importantly, contextual evaluation may reveal that presumptions do not shift the burden of proof in any specific or genuine way. (shrink)

Although an invasive medical intervention, Deep Brain Stimulation (DBS) has been regarded as an efficient and safe treatment of Parkinson’s disease for the last 20 years. In terms of clinical ethics, it is worth asking whether the use of DBS may have unanticipated negative effects similar to those associated with other types of psychosurgery. Clinical studies of epileptic patients who have undergone an anterior temporal lobectomy have identified a range of side effects and complications in a number of domains: psychological, (...) behavioural, affective and social. In many cases, patients express difficulty adjusting from being chronically ill to their new status as ‘treated’ or ‘seizure free’. This postoperative response adjustment has been described in the literature on epilepsy as the ‘Burden of Normality’ (BoN) syndrome. Most of the discussion about DBS postoperative changes to self is focused on abnormal side effects caused by the intervention (ie, hypersexuality, hypomania, etc). By contrast, relatively little attention is paid to the idea that successfully ‘treated’ individuals might experience difficulties in adjusting to becoming ‘normal’. The purpose of this paper is (1) to articulate the postoperative DBS psychosocial adjustment process in terms of the BoN syndrome, (2) to address whether the BoN syndrome illustrates that DBS treatment poses a threat to the patient’s identity, and (3) to examine whether the current framework for rehabilitation after DBS procedures should be updated and take into account the BoN syndrome as a postoperative self-change response. (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)

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)

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 not necessarily important whether that degree of belief exceeds a particular threshold (e.g., ‘reasonable doubt’). We explore the consequences of this distinction for the role that the “burden of proof” has played in argumentation and in theories of fallacy. (shrink)

Originally proposed by John Rawls, the idea of reasoning from conjecture is popular among the proponents of political liberalism in normative political theory. Reasoning from conjecture consists in discussing with fellow citizens who are attracted to illiberal and antidemocratic ideas by focusing on their religious or otherwise comprehensive doctrines, attempting to convince them that such doctrines actually call for loyalty to liberal democracy. Our goal is to criticise reasoning from conjecture as a tool aimed at persuasion and, in turn, (...) at improving the stability of liberal democratic institutions. To pursue this goal, we use as case study real-world efforts to counter-radicalise at-risk Muslim citizens, which, at first glance, reasoning from conjecture seems well-placed to contribute to. This case study helps us to argue that the supporters of reasoning from conjecture over-intellectualise opposition to liberal democracy and what societies can do to counter it. Specifically, they (i) underestimate how few members of society can effectively perform reasoning from conjecture; (ii) overlook that the burdens of judgement, a key notion for political liberals, highlight how dim the prospects of reasoning from conjecture are and (iii) do not pay attention to the causes of religious persons’ opposition to liberal democracy. However, not everything is lost for political liberals, provided that they redirect attention to different and under-researched resources contained in Rawls’s theory. In closing, we briefly explain how such resources are much better placed than reasoning from conjecture to provide guidance relative to counter-radicalisation in societies (i) populated by persons who do not generally hold anything close to a fully worked out and internally consistent comprehensive doctrine and (ii) where political institutions should take responsibility for at least part of the existing alienation from liberal democratic values. (shrink)

Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different (...) kinds of crime. (shrink)

The article discusses burden of proof rules in social criticism. By social criticism I mean an argumentative situation in which an opponent publicly argues against certain social practices; the examples I consider are discrimination on the basis of species and discrimination on the basis of one's nationality. I argue that burden of proof rules assumed by those who defend discrimination are somewhat dubious. In social criticism, there are no shared values which would uncontroversially determine what is the reasonable (...) presumption and who has the burden of proof, nor are there formal rules which would end the debate and determine the winner at a specific point. (shrink)

The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on (...) analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines under what conditions an arguer is obliged to support a claim with an argument that backs it up and how strong that argument needs to be to prove the claim in question. (shrink)

A common strategy in bioethics is to posit a prima facie case in favour of one policy, and to then claim that the burden of proof falls on those with opposing views. If the burden of proof is not met, it is claimed, then the policy in question should be accepted. This article illustrates, and critically evaluates, examples of this strategy in debates about the sale of organs by living donors, human enhancement, and the precautionary principle. We highlight (...) general problems with this style of argument, and particular problems with its use in specific cases. We conclude that the burden ultimately falls on decision-makers to choose the policy supported by the best reasons. (shrink)

Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the _lack_ of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and (...) subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse—from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their (...) proposals. Specifically, we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

This paper considers the probative burdens of proposing action or policy options in deliberation dialogues. Do proposers bear a burden of proof? Building on pioneering work by Douglas Walton (2010), and following on a growing literature within computer science, the prevailing answer seems to be “No.” Instead, only recommenders—agents who put forward an option as the one to be taken—bear a burden of proof. Against this view, we contend that proposers have burdens of proof with respect to their (...) proposals. Specifically, we argue that, while recommenders that Φ bear a burden of proof to show that □Φ (We should / ought to / must Φ), proposers that Φ have a burden of proof to show that ◇Φ (We may / can Φ). A burden of proposing may be defined as, which reads: Those who propose that we might Φ are obliged, if called upon, to show that Φ is possible in any of four ways which we call worldly, deontic, instrumental, and practical. So understood, burdens of proposing satisfy the standard formal definition of burden of proof. (shrink)

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)

How can human beings acknowledge and experience the burdens of political responsibility? Why are we tempted to flee them, and how might we come to affirm them? Jade Larissa Schiff calls this experience of responsibility 'the cultivation of responsiveness'. In Burdens of Political Responsibility: Narrative and the Cultivation of Responsiveness, she identifies three dispositions that inhibit responsiveness - thoughtlessness, bad faith, and misrecognition - and turns to storytelling in its manifold forms as a practice that might facilitate and frustrate it. (...) Through critical engagements with an unusual cast of characters hailing from a variety of disciplines, she argues that how we represent our world and ourselves in the stories we share, and how we receive those stories, can facilitate and frustrate the cultivation of responsiveness. (shrink)

The animal entertainment industry includes different practices. Some consist in torturing an animal to death, as in bullfighting and countless other popular traditions, while others involve watching an animal in captivity, which can be another form of torture. Perhaps the most profitable practice is forcing very intelligent animals to perform the same routine several times daily in zoos and aquariums containing marine mammals, or in circuses containing terrestrial mammals. These businesses then present the animals in whatever way that makes the (...) practice appear less immoral, claim to have education and conservation as their mission, and present their entertainment businesses as altruistic charities. Disseminating their misleading discourse is unethical. (shrink)

A classic objection to act-consequentialism is that it is overdemanding: it requires agents to bear too many costs for the sake of promoting the impersonal good. I develop the complementary objection that act-consequentialism is underdemanding: it fails to acknowledge that agents have moral reasons to bear certain costs themselves, even when it would be impersonally better for others to bear these costs.

The publicity of a moral conception is a central idea in Kantian and contractarian moral theory. Publicity carries the idea of general acceptability of principles through to social relations. Without publicity of its moral principles, the intuitive attractiveness of the contractarian ideal seems diminished. For it means that moral principles cannot serve as principles of practical reasoning and justification among free and equal persons. This article discusses the role of the publicity assumption in Rawls’s and Scanlon’s contractualism. I contend that (...) a regard for publicity and a moral conception’s potential to provide a public basis for justification and agreement account for much of the evolution of Rawls’s account of justice after A Theory of Justice . I also discuss whether contractualism can provide a basis for justification and general agreement under the social conditions that it endorses. I contend that it cannot, and conclude with a discussion showing why this should not be a problem for contractualism. Despite appearances, contractualism is a distinctive form of contractarianism, substantially different from Rawls’s position and the social contract tradition out of which it evolved. Key Words: contractarianism • contractualism • John Rawls • public justification • T.M. Scanlon • justice. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...) there are normative requirements that enhance the directiveness of criticism. Does the opponent have in circumstances a dialectical obligation to provide clarifications, explanations, or even arguments? In this paper, it is hypothesized that the competitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumentative strategy that defuses them. (shrink)

Some critical reactions hardly give clues to the arguer as to how to respond to them convincingly. Other critical reactions convey some or even all of the considerations that make the critic critical of the arguer’s position and direct the arguer to defuse or to at least contend with them. First, an explication of the notion of a critical reaction will be provided, zooming in on the degree of “directiveness” that a critical reaction displays. Second, it will be examined whether (...) there are normative requirements that enhance the directiveness of criticism. Does the opponent have in circumstances a dialectical obligation to provide clarifications, explanations, or even arguments? In this paper, it is hypothesized that the competitiveness inherent in critical discussion must be mitigated by making the opponent responsible for providing her counterconsiderations, if available, thus assisting the proponent in developing an argumentative strategy that defuses them. (shrink)

This study provides a critical discourse analysis of letters of complaint by Jordanian university students. It aims to investigate the rhetorical pattern in these letters and explore the main strategies students use to express their dissatisfaction about certain issues and persuade the addressee to take action. To this end, permissions were obtained to collect data from two universities in Jordan: Jordan University of Science and Technology and World University of Islamic Studies and Education. The data were analyzed both qualitatively and (...) quantitatively through two analytic frameworks within critical discourse analysis : genre analysis to investigate the rhetorical pattern of complaint letters, and discursive analysis to investigate the main strategies of persuasion. These strategies were then categorized according to Aristotle’s means of persuasion: ‘ethos’, ‘logos’ and ‘pathos’. The analysis showed that written complaint was a distinctive genre with distinctive moves. It also revealed that persuasion by means of pathos was more prevalent than the other two types. Socio-cultural values have been shown to be so powerful in Jordanian society even in neutral situations such as academic context. This study will hopefully contribute to the fields of genre analysis and CDA in cross-cultural communication. (shrink)