Putting the burden of proof in its place: When are differential allocations legitimate?
| dc.contributor.author | Dare, Tim | |
| dc.contributor.author | Kingsbury, Justine | |
| dc.date.accessioned | 2009-04-20T23:25:35Z | |
| dc.date.available | 2009-04-20T23:25:35Z | |
| dc.date.issued | 2008 | |
| dc.description.abstract | It is widely assumed that legitimate differential allocations of the burden of proof are ubiquitous: that in all cases in which opposing views are being debated, one side has the responsibility of proving their claim and if they fail, the opposing view wins by default. We argue that the cases in which one party has the burden of proof are exceptions. In general, participants in reasoned discourse are all required to provide reasons for the claims they make. We distinguish between truth-directed and non-truth-directed discourse, argue that the paradigm contexts in which there are legitimate differential allocations of the burden of proof (law and formal debate) are non-truth-directed, and suggest that in truth-directed contexts, except in certain special cases, differential allocation of the burden of proof is not warranted. | en |
| dc.format.mimetype | application/pdf | |
| dc.identifier.citation | Dare, T & Kingsbury, J. (2008). Putting the burden of proof in its place: When are differential allocations legitimate? The Southern Journal of Philosophy, XLVI(4), 503-518. | en |
| dc.identifier.doi | 10.1111/j.2041-6962.2008.tb00082.x | en_NZ |
| dc.identifier.uri | https://hdl.handle.net/10289/2106 | |
| dc.language.iso | en | |
| dc.publisher | University of Memphis | en_NZ |
| dc.relation.isPartOf | The Southern Journal of Philosophy | en_NZ |
| dc.relation.uri | http://philosophy.memphis.edu/sjp/sjp.htm | en |
| dc.rights | This is an article published in The Southern Journal of Philosophy. ©2008 The Southern Journal of Philosophy. Used with permission. | en |
| dc.subject | allocations legitimate | en |
| dc.title | Putting the burden of proof in its place: When are differential allocations legitimate? | en |
| dc.type | Journal Article | en |
| dspace.entity.type | Publication | |
| pubs.begin-page | 503 | en_NZ |
| pubs.end-page | 518 | en_NZ |
| pubs.issue | 4 | en_NZ |
| pubs.volume | 46 | en_NZ |