Actually the term “burden of proof” is a little strong since
it implies the need to prove beyond any doubt so in practice it is really the burden
of evidence. The side that has the burden of proof is obligated to provide
evidence to back up their view point.
Determining the burden of proof is not always easy to do
because it varies in different circumstances and changes in the course of the
discussion.
Finding the Burden of Proof
The burden of proof usually goes to the party making the
claim. A criminal trial in the
Burden of Proof Fallacy
The Burden of Proof Fallacy is the act of wrongfully trying to
switch the burden of proof to your opponent. As an example proponents of
abiogenesis need to prove that it is possible because it is already know that
intelligence can produce complex organized systems. On the other hand there is
no real evidence for abiogenesis. Al its proponents provides is unproven
stories about how it could have happened.
Legitimate Switching of the Burden of Proof
The Burden of Proof can legitimately switch sides if new arguments
have been made or evidence presented. If the opposition wishes to dispute the
new evidence or argument, they have the burden of proof in doing so. Hence the
burden of proof has switched. The biggest problems in a discussion is agreeing on who has the burden of proof. It can consume much time and render a debate useless. Another problem is that since each side sees the issue differently it may be hard to agree on burden of proof.
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