Category: Burden of Proof
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Miracles and Burden of Proof
0. I continue my investigation of the role of burden-of-proof considerations in philosophy. My ruminations are collected in the aptly titled category, Burden of Proof. 1. Consider a dispute in which one party claims that there are miracles and the other claims that there are no miracles. Where does the burden of proof (BOP) lie? …
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Defeasible Presumption and Evidence: A Confusion in McInerny
A defeasible presumption in favor of proposition p is not evidence for p. In a legal proceeding there is a defeasible presumption of innocence (POI): one is presumed innocent until proven guilty. For example, Jones, who has been charged with Smith's murder, is presumed to be not guilty until such time as the presumption is defeated. …
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Burden of Proof: Something to Avoid?
Joshua Orsak e-mails: I've been following closely your recent discussions on the burden of proof in philosophy, as its been a particular interest of mine ever since I first read Alvin Plantinga. I've been linking to your posts on the matter on my facebook page. Your recent post reminded me vaguely of something my friend…
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Burden of Proof in Philosophy?
1. The question this post raises is whether it is at all useful to speak of burden of proof (BOP) in dialectical situations in which there is no judge or tribunal to lay down and enforce rules of procedure. By a dialectical situation I mean a context in which orderly discussion occurs among two or more competent…
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Notes on Burden of Proof and Defeasible Presumption
Since I don't understand this topic very well, I blog about it. Nescio, ergo blogo! Caveat lector! The following notes are a blend of what I have gleaned from Nicholas Rescher and Douglas Walton and my own reflections. 1. Burden of Proof and Defeasible Presumption are correlative notions. If there is a defeasible presumption in…
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Burden of Proof in Philosophy: Preliminary Thoughts
A reader asks about burden of proof in philosophy. I really ought to have a worked-out theory on this, but I don't. Here are some very tentative remarks. 1. In the law it is clear where the burden of proof lies: on the plaintiff in a civil case and on the prosecutor in a criminal…