Burden of Proof: The
obligation of a party to provide sufficient evidence in support of thir side
of a dispute or issue.
In practical meaning the term “burden of proof” is actually
a little strong because it implies the need to prove beyond a doubt. 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.
Criteria for Finding the
Burden of Proof
In general the burden of proof goes to the party making the
claim. An American criminal trial is a good example of this since the prosecution
has the burden of proof since the defendant is assumed innocent until proven
guilty. This however is not an absolute rule since some circumstance can change
the burden of proof to some one denying a claim. A party making the new claim about
an accepted idea has the burden of proof. For example those claiming that the
Apollo Moon landings did not really happen have the Burden of proof.
Burden of Proof fallacy
Burden of Proof fallacy is the process of wrongfully trying to
switch the burden of proof to your opponent. For e
xample proponents of abiogenesis need to prove that it is possible
because we already know that intelligence can produce complex organized systems
because we already do it, though not to the degree of life. On the other hand no
real evidence for abiogenesis has been produced just unproven stories about how
it could have happened.
Real Burden of Proof
switching.
The Burden of Proof can legitimately switch sides when 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.