Difference between revisions of "Shifting the burden of proof"
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| − | '''Shifting the burden of proof''' is an effort to free [[hypothesis]] or persuasive [[argument]] in debate from [[burden of proof]] by shifting | + | '''Shifting the burden of proof''' is an effort to free a [[hypothesis]] or persuasive [[argument]] in debate from the [[burden of proof]] by shifting that burden onto an opponent. The critic is deliberately placed in the position of trying to prove a negative, or to prove a [[null hypothesis]], with respect to the original assertive statement. Often it is associated with the blurring of the issue and hiding the true speculative character of the hypothesis in order to confuse opponents and/or audiences untrained in logical argumentation. According to sound [[science]], the theorist making a historically important claim must assume the responsibility of [[scientific proof|proof]], not the critic.<ref name="Hedtke">{{cite book |
|author=Randal Hedtke | |author=Randal Hedtke | ||
|title=Secrets of the Sixth Edition | |title=Secrets of the Sixth Edition | ||
| Line 5: | Line 5: | ||
|place=Portland, Oregon | |place=Portland, Oregon | ||
|year=2010 | |year=2010 | ||
| − | |pages= | + | |pages=26–27, 111 |
|isbn=978-0-89051-597-6 | |isbn=978-0-89051-597-6 | ||
| − | |url= }}</ref> Serious scientists publish their [[scientific evidence|evidence]] in scientific papers and these include central argument, together with the data that supports it. These requirements are a matter of principle at scientific journals.<ref name="DeniableDarwin">{{cite book | + | |url= }}</ref> Serious scientists publish their [[scientific evidence|evidence]] in scientific papers, and these include central argument, together with the data that supports it. These requirements are a matter of principle at scientific journals.<ref name="DeniableDarwin">{{cite book |
|author=David Berlinski | |author=David Berlinski | ||
|title=The Deniable Darwin | |title=The Deniable Darwin | ||
| Line 13: | Line 13: | ||
|location=Seattle, USA | |location=Seattle, USA | ||
|year=2009 | |year=2009 | ||
| − | |pages= | + | |pages=414–415 |
|chapter=Denying Darwin: David Berlinski & Critics | |chapter=Denying Darwin: David Berlinski & Critics | ||
|isbn=978-0-9790141-2-3 | |isbn=978-0-9790141-2-3 | ||
| Line 23: | Line 23: | ||
==Notable Examples== | ==Notable Examples== | ||
===[[Evolutionism]]=== | ===[[Evolutionism]]=== | ||
| − | Shifting the burden of proof onto their critics is a common approach among partisans of [[evolutionism]], for example, [[Darwin]] stated in | + | Shifting the burden of proof onto their critics is a common approach among partisans of [[evolutionism]], for example, [[Darwin]] stated in 1837: ''“…why to be sure there were a thousand intermediate forms. — Opponent will say. Show them me. I will answer yes, if you will show me every step between bulldog and greyhound.”''<ref name="Hedtke"/><ref>{{cite web |
|author=Darwin, C. R. | |author=Darwin, C. R. | ||
|title=Notebook B: [Transmutation of species (1837-1838)] | |title=Notebook B: [Transmutation of species (1837-1838)] | ||
| Line 29: | Line 29: | ||
|url=http://darwin-online.org.uk/content/frameset?pageseq=219&itemID=CUL-DAR121.-&viewtype=side | |url=http://darwin-online.org.uk/content/frameset?pageseq=219&itemID=CUL-DAR121.-&viewtype=side | ||
|accessdate=12 March 2015 | |accessdate=12 March 2015 | ||
| − | }}</ref> Another evolutionist, [[Alfred Russel Wallace|A.R. Wallace]], after reading | + | }}</ref> Another evolutionist, [[Alfred Russel Wallace|A.R. Wallace]], after reading Darwin's statement asserting that useful variations may ''“occur in the course of thousands of generations”'', warned him that such expression may give his opponents the advantage to consider the favorable variations a rare accidents or even never occurring at all.{{#tag:ref|cf. Professor Spetner states that the beneficial mutations required by the theory of evolution have never been observed.<ref name="Spetner">{{Cite book |
| + | |author=Spetner, Lee | ||
| + | |title=Not by chance | ||
| + | |publisher=The Judaica press, Inc. | ||
| + | |place=Brooklyn, New York | ||
| + | |year=1997 | ||
| + | |isbn=978-1-880582-24-4 | ||
| + | |pages=159–160 | ||
| + | |url= | ||
| + | }}</ref>|group=note}} Thus, Wallace advises Darwin to overcome the scientific weakness of his argument by putting the burden of proof to his opponents.<ref>{{cite book | ||
|author= James Marchant | |author= James Marchant | ||
|title= Alfred Russel Wallace: Letters and Reminiscences (Complete) | |title= Alfred Russel Wallace: Letters and Reminiscences (Complete) | ||
| Line 35: | Line 44: | ||
|publisher= Library of Alexandria | |publisher= Library of Alexandria | ||
|year=1916 | |year=1916 | ||
| − | |pages= | + | |pages=142–143 |
|isbn= 978-1465528643 | |isbn= 978-1465528643 | ||
| − | |url= | + | |url=https://books.google.com/books?id=0IF1K9IYQYMC&printsec=frontcover&dq=inauthor:#v=onepage&q=%22I%20would%20put%20the%22&f=false |quote=Such expression gives your opponent the advantage of assuming that favorable variations are rare accidents, or even for long periods may never occur at all and thus [the] argument would appear to many to have great force. I would put the burden of proof on my opponent to show that any one organ, structure, or faculty, does not vary, even during one generation… }}</ref> |
| + | |||
| + | ==Notes== | ||
| + | <references group=note/> | ||
==References== | ==References== | ||
| Line 44: | Line 56: | ||
[[Category:Legal Terms]] | [[Category:Legal Terms]] | ||
[[Category:Logical Fallacies]] | [[Category:Logical Fallacies]] | ||
| + | [[Category:Pseudoscience]] | ||
[[Category:Rhetoric]] | [[Category:Rhetoric]] | ||
Latest revision as of 19:55, May 19, 2019
Shifting the burden of proof is an effort to free a hypothesis or persuasive argument in debate from the burden of proof by shifting that burden onto an opponent. The critic is deliberately placed in the position of trying to prove a negative, or to prove a null hypothesis, with respect to the original assertive statement. Often it is associated with the blurring of the issue and hiding the true speculative character of the hypothesis in order to confuse opponents and/or audiences untrained in logical argumentation. According to sound science, the theorist making a historically important claim must assume the responsibility of proof, not the critic.[1] Serious scientists publish their evidence in scientific papers, and these include central argument, together with the data that supports it. These requirements are a matter of principle at scientific journals.[2]
In other words, especially in a lawsuit, shifting the burden of proof is the transfer of the obligation to prove particular facts from one party to the other.[3]
Notable Examples
Evolutionism
Shifting the burden of proof onto their critics is a common approach among partisans of evolutionism, for example, Darwin stated in 1837: “…why to be sure there were a thousand intermediate forms. — Opponent will say. Show them me. I will answer yes, if you will show me every step between bulldog and greyhound.”[1][4] Another evolutionist, A.R. Wallace, after reading Darwin's statement asserting that useful variations may “occur in the course of thousands of generations”, warned him that such expression may give his opponents the advantage to consider the favorable variations a rare accidents or even never occurring at all.[note 1] Thus, Wallace advises Darwin to overcome the scientific weakness of his argument by putting the burden of proof to his opponents.[6]
Notes
References
- ↑ 1.0 1.1 Randal Hedtke (2010). Secrets of the Sixth Edition. Master Books, 26–27, 111. ISBN 978-0-89051-597-6.
- ↑ David Berlinski (2009). "Denying Darwin: David Berlinski & Critics", The Deniable Darwin. Seattle, USA: Discovery Institute Press, 414–415. ISBN 978-0-9790141-2-3.
- ↑ Law dictionary: shifting the burden of proof. http://www.enacademic.com/.
- ↑ Darwin, C. R.. Notebook B: [Transmutation of species (1837-1838)]. Darwin Online. Retrieved on 12 March 2015.
- ↑ Spetner, Lee (1997). Not by chance. The Judaica press, Inc., 159–160. ISBN 978-1-880582-24-4.
- ↑ James Marchant (1916). Alfred Russel Wallace: Letters and Reminiscences (Complete). Library of Alexandria, 142–143. ISBN 978-1465528643. “Such expression gives your opponent the advantage of assuming that favorable variations are rare accidents, or even for long periods may never occur at all and thus [the] argument would appear to many to have great force. I would put the burden of proof on my opponent to show that any one organ, structure, or faculty, does not vary, even during one generation…”