The burden of proof (Latin: onus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat) is the obligation on a party in a dispute to provide sufficient warrant for its position.
When two parties are in a discussion and one makes a claim that the other disputes, the one who makes the claim typically has a burden of proof to justify or substantiate that claim, especially when it challenges a perceived status quo. This is also stated in Hitchens's razor, which declares that "what may be asserted without evidence may be dismissed without evidence." Carl Sagan proposed a related criterion – "extraordinary claims require extraordinary evidence" – which is known as the Sagan standard.
While certain kinds of arguments, such as logical syllogisms, require mathematical or strictly logical proofs, the standard for evidence to meet the burden of proof is usually determined by context and community standards and conventions.
Philosophical debate can devolve into arguing about who has the burden of proof about a particular claim. This has been described as "burden tennis" or the "onus game".
One way in which one would attempt to shift the burden of proof is by committing a logical fallacy known as the argument from ignorance. It occurs when either a proposition is assumed to be true because it has not yet been proven false or a proposition is assumed to be false because it has not yet been proven true.
A negative claim is the opposite of an affirmative or positive claim. It asserts the non-existence or exclusion of something.
A negative claim may or may not exist as a counterpoint to a previous claim. A proof of impossibility or an evidence of absence argument are typical methods to fulfill the burden of proof for a negative claim.
Burden of proof is an important concept in the public arena of ideas. Once participants in discourse establish common assumptions, the mechanism of burden of proof helps to ensure that all parties contribute productively, using relevant arguments.
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Hitchens's razor is an epistemological razor that serves as a general rule for rejecting certain knowledge claims. It states "what can be asserted without evidence can also be dismissed without evidence." The razor was created by and named after author and journalist Christopher Hitchens (1949–2011). It implies that the burden of proof regarding the truthfulness of a claim lies with the one who makes the claim; if this burden is not met, then the claim is unfounded, and its opponents need not argue further in order to dismiss it.
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidence is what justifies beliefs or what makes it rational to hold a certain doxastic attitude. For example, a perceptual experience of a tree may act as evidence that justifies the belief that there is a tree. In this role, evidence is usually understood as a private mental state.
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury). If the prosecution does not prove the charges true, then the person is acquitted of the charges. The prosecution must in most cases prove that the accused is guilty beyond a reasonable doubt.
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