2008
DOI: 10.1111/j.2041-6962.2008.tb00082.x
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Putting the Burden of Proof in Its Place: When Are Differential Allocations Legitimate?

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‐d… Show more

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Cited by 10 publications
(4 citation statements)
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“…Since we regard those liberties and rights as important, we place a weighty burden on those who seek to have them removed or limited" (Dare and Kingsbury 2008, p. 507). 23 See notably Dare and Kingsbury (2008) on this line of reasoning. According to them, we ought to make a distinction between non-truth-directed and truth-directed activities.…”
Section: The Weak Burden Of Proof Principlementioning
confidence: 99%
See 1 more Smart Citation
“…Since we regard those liberties and rights as important, we place a weighty burden on those who seek to have them removed or limited" (Dare and Kingsbury 2008, p. 507). 23 See notably Dare and Kingsbury (2008) on this line of reasoning. According to them, we ought to make a distinction between non-truth-directed and truth-directed activities.…”
Section: The Weak Burden Of Proof Principlementioning
confidence: 99%
“…SeeGodden (2008) on the problem of acceptance of starting points. 17 SeeDare and Kingsbury (2008),Gordon et al (2007),Hahn and Oaksford (2007) andWalton (2014) on this issue.…”
mentioning
confidence: 99%
“…In this respect one might draw a contrast between philosophy and science, on the one hand, and law, on the other. Law is openly and explicitly adversarial, and it has clear institutional structures recognizing and acknowledging the legitimacy of partisanship (Dare ), while philosophy and science are committed, both in theory and as a matter of institutional design, to an ideal of neutrality (Dare and Kingsbury ).…”
Section: Why Do Philosophers Misuse Science and Why Does It Matter?mentioning
confidence: 99%
“…See for instanceRescher 1977 (pp. 27-30),Lehrer 1971, Walton 1988, Räikkä 2005, Dare-Kingsbury 2008, no. 146 (agosto 2017)…”
mentioning
confidence: 99%