Burden of proof

This paper presents an analysis of the concept of burden of proof in argument. Relationship of burden of proof to three traditional informal fallacies is considered: (i) argumentum ad hominem, (ii) petitio principii, and (iii) argumentum ad ignorantiam. Other topics discussed include persuasive dialoque, pragmatic reasoning, legal burden of proof, plausible reasoning in regulated disputes, rules of dialogue, and the value of reasoned dialogue.     

Defeasible reasoning and informal fallacies

This paper argues that some traditional fallacies should be considered as reasonable arguments when used as part of a properly conducted dialog. It is shown that argumentation schemes, formal dialog models, and profiles of dialog are useful tools for studying properties of defeasible reasoning and fallacies. It is explained how defeasible reasoning of the most common sort can deteriorate into fallacious argumentation in some instances. Conditions are formulated that can be used as normative tools to judge whether a given defeasible argument is fallacious or not. It is shown that three leading violations of proper dialog standards for defeasible reasoning necessary to see how fallacies work are: (a) improper failure to retract a commitment, (b) failure of openness to defeat, and (c) illicit reversal of burden of proof.     

So what? Profiles for relevance criticism in persuation dialogues

This paper discusses several types of relevance criticism within dialogue. Relevance criticism is a way one could or should criticize one's partner's contribution in a conversation as being deficient in respect of conversational coherence. The first section tries to narrow down the scope of the subject to manageable proportions. Attention is given to the distinction between criticism of alleged fallacies within dialogue and such criticism as pertains to argumentative texts. Within dialogue one may distigguish tenability criticism, connection criticism, and narrow-type relevance criticism. Only the last of these three types of criticism constitutes a charge of fallacy and carries with it a burden of proof. In the second it is observed that a full study of narrow-type relevance criticism would require the construction of complicated, many-layered, dialogue systems. Such a study can, however, be profitably preceded by setting up profiles of dialogue that help us discuss the ins and outs of certain types of move. This is illustrated with an example.     

On the Theoretical Unification and Nature of Fallacies

I argue in a non-reductive sense for a plausible epistemic principle, which can (1) theoretically and instrumentally unify or systematize all fallacies, and (2) provide a justification for using such a principle for characterizing an erroneous argument as a fallacy. This plausible epistemic principle involves the idea of an error in the method of justification, which results in a failure to provide relevant evidence to satisfy certain standards of adequate proof. Thus, all fallacies are systematically disguised failures to provide substantive proof: a failure in the attempt to persuade rationally, as opposed to emotionally or rhetorically. I argue that the epistemic idea of begging the question is essential to this idea of a fallacy as an inadequate proof.     

Social Justice,Fallacies of Argument,and Persistent Bias

The fallacies approach to argument evaluation can exacerbate problems it aims to address when it comes to social bias, perpetuating social injustice. A diagnosis that an argument commits a fallacy may flag the irrelevance of stereotypical characterizations to the line of reasoning without directly challenging the stereotypes. This becomes most apparent when personal bias is part of the subject matter under discussion, in ethotic argument, including ad hominem and ad verecundiam, which may be recognized as fallacious without addressing whether the ethotic presumptions are true. Yap (2013; 2015) makes this case for ad hominem and the pragma-dialectical understanding of fallacies, expanded here to show related patterns in some other fallacies, and employing the argument schemes understanding of fallacies. Adding critical questions increases the ways reasoners can dismiss arguments as fallacious, and could include directly addressing bias, but if an argument fails on a different critical question, that may yet allow the bias to pass. The fallacies approach is a form of meta-debate and techniques of meta-debate need to address the ubiquity of social bias, not convey them as specialized problems. The view that the fallacies approach to argument evaluation can provide neutrality is dangerously false. Arguers thus should avoid using fallacies for argument evaluation where social stereotypes or schemas might be involved, especially when the subject matter relates closely to social justice.

     

Ad Hominem Fallacies, Bias, and Testimony

An ad hominem fallacy is committed when an individual employs an irrelevant personal attack against an opponent instead of addressing that opponent’s argument. Many discussions of such fallacies discuss judgments of relevance about such personal attacks, and consider how we might distinguish those that are relevant from those that are not. This paper will argue that the literature on bias and testimony can helpfully contribute to that analysis. This will highlight ways in which biases, particularly unconscious biases, can make ad hominem fallacies seem effective, even when the irrelevance is recognized.     

Being unreasonable: Perelman and the problem of fallacies

Most work on fallacies continues to conceptualize fallacious reasoning as involving a breach of a formal or quasi-formal rule. Chaim Perelman's theory of argumentation provides a way to conceptualize fallacies in a completely different way. His approach depends on an understanding of standards of rationality as essentially connected with conceptions of universality. Such an approach allows one to get beyond some of the basic problems of fallacy theory, and turns informal logic toward substantive philosophical questions. I show this by reinterpreting three so-called fallacies - theargumentum ad baculum, equivocation and composition/division - in the light of Perelman's account.     

Relevance reviewed: The case of argumentum ad hominem

This article aims tt providing some conceptual tools for dealing adequately with relevance in argumentative discourse. For this purpose, argumentative relevance is defined as a functional interactional relation between certain elements in the discourse. In addition to the distinction between interpretive and evaluative relevance that can be traced in the literature, analytic relevance is introduced as an intermediary concept. In order to classify the various problems of relevance arising in interpreting, analyzing and evaluating argumentative discourse, a taxonomy is proposed in which the concept of relevance is differentiated along three co-ordinate dimensions: object, domain and aspect. With the help of this taxonomy, it can be shown that the problems of evaluative relevance with which the standard approach to fallacies cannot satisfactory deal can be more systematically approached within a pragma-dialectical framework. This is demonstrated for the argumentum and hominem, which is erroneously treated as a homogenous type of relevance fallacy in logico-centric analyses, so that cases where this is not justified must be treated as ad hoc exceptions.     

The ad Hominem argument as an informal fallacy

This article outlines criteria for the evaluation of the argumentum ad hominem (argument against the person, or personal attack in argument) that is traditionally a part of the curriculum in informal logic. The argument is shown to be a kind of criticism which works by shifting the burden of proof in dialogue through citing a pragmatic inconsistency in an arguer's position. Several specific cases of ad hominem argumentation which pose interesting problems in analyzing this type of criticism are studied.     

Beweislastverteilung und Intuitionen in philosophischen Diskursen

Allocating the burden of proof and intuitions in philosophical disputes.– This paper criticises the view that in philosophical disputes the onus probandi rests on those who advance a position that contradicts our basic intuitions. Such a rule for allocating the burden of proof may be an adequate reconstruction of everyday justification, but is unreasonable in the area of philosophy. In philosophy it is not only difficult to determine the plausibility of a proposition, at the same time contradictory claims may be equally plausible. – In contrast to such common sense proposals I try to show that in philosophical disputes the burden of proof does not depend on the material content of speech acts. A speaker simply bears the burden of proof for a proposition p if he has asserted that p and has agreed to justify it. This revised version was published online in August 2006 with corrections to the Cover Date.     

Metadialogues for Resolving Burden of Proof Disputes

In this paper, a solution to the problem of analyzing burden of proof in argumentation is developed by building on the pioneering work of Erik C. W. Krabbe on metadialogues. Three classic cases of burden of proof disputes are analyzed, showing how metadialogue theory can solve the problems they pose. The solution is based on five dialectical requirements: (1) global burden of proof needs to be set at the confrontation stage of a dialogue, (2) there need to be special mechanisms for resolving disputes about burden of proof at all four stages of the dialogue, (3) they are especially significant during the argumentation stage, where burden of proof often shifts back and forth at each move, (4) such local shifts need to be partly regulated by the global burden of proof already set, and (5) the connection between burden of proof and the speech act of making a presumption in a dialogue needs to be clarified.     

Are Fallacies Vices?

Why are some arguments fallacious? Since argumentation is an intellectual activity that can be performed better or worse, do we evaluate arguments simply in terms of their content, or does it also make sense to evaluate the arguer in light of the content put forward? From a ‘virtue’ approach, I propose understanding fallacies as having some link with intellectual vice(s). Drawing from recent work by Paul Grice, Linda Zagzebski, Andrew Aberdein, and Douglas Walton, this essay argues that if there is some sense of argumentation where an argument is (1) truth-propagating and not (2) put forward in order to ‘win’, fallacies may be the vicious element in arguments that undermines (1), most often because the arguer’s goal is only (2). From this perspective, fallacies may not only be improper ‘moves’ in an argument, but may also reveal something lacking in the arguer’s intellectual character.     

Fallacies

Fallacies are things people commit, and when they commit them they do something wrong. What kind of activities are people engaged in when they commit fallacies, and in what way are they doing something wrong? Many different things are called fallacies. The diversity of the use of the concept of a fallacy suggests that we are dealing with a family of cases not related by a common essence. However, we suggest a simple account of the nature of fallacies which encompasses them all, viz., the term “fallacy” is our most general term for criticizing any general procedure used for the fixation of beliefs that has an unacceptably high tendency to generate false or unfounded beliefs, relative to that method of fixing beliefs. Very different sorts of things called fallacies are examined in the light of this account, e.g., denying the antecedent, circular arguments, so-called informal fallacies, and propositions said to be fallacies. We do not provide a theory of fallacies. Still, on our account pretty much all of those things that have been called fallacies are fallacies, and they have been called fallacies for pretty much the same reasons.     

The Revelation Argument. A 'Communicational Fallacy'

In this paper it is argued that much can be gained for the analysis and evaluation of arguing when fallacies are not, or not only, conceived of as flawed premise–conclusion complexes but rather as argumentative moves which distort harmfully an interaction aiming at resolving communication problems argumentatively. Starting from Normative Pragmatics and the pragma-dialectical concept of fallacy, a case study is presented to illustrate a fallacy which is termed the 'revelation argument' because it is characterized by an interactor's revealing her thoughts and/or emotions to the addressees and claiming that these would have justificatory or refutatory potential with respect to the problem discussed. Although the revelation argument may not be a paradigm case of resolution- hindering moves, it is an extreme case of flawed reasoning that illustrates plainly the advantages of a communicational perspective on arguing and fallacies.     

The Vices of Argument

What should a virtue theory of argumentation say about fallacious reasoning? If good arguments are virtuous, then fallacies are vicious. Yet fallacies cannot just be identified with vices, since vices are dispositional properties of agents whereas fallacies are types of argument. Rather, if the normativity of good argumentation is explicable in terms of virtues, we should expect the wrongness of bad argumentation to be explicable in terms of vices. This approach is defended through analysis of several fallacies, with particular emphasis on the ad misericordiam.     

Reductionism in Fallacy Theory

(1) The aim of the paper is to develop a reduction of fallacy theory, i.e. to 'deduce' fallacy theory from a positive theory of argumentation which provides exact criteria for valid and adequate argumentation. Such reductionism has several advantages compared to an unsystematic action, which is quite usual in current fallacy but which at least in part is due to the poor state of positive argumentation theory itself. (2) After defining 'fallacy' (3) some principle ideas and (4) the exact criteria for (argumentatively) valid and adequate arguments of the 'practical theory of argumentation' of the author are expounded. These criteria will be used as the positive basis for the following reduction. (5) In the main part of the paper a systematization, definition and explanation of the main types and many subforms of fallacies of argumentative validity and (6) adequacy is developed, following the list of positive conditions of validity and adequacy. In addition to many new types of fallacies, this systematization contains the most important of the traditionally known and named fallacies; these are explained and the criteria for some of them are corrected or put more precisely.     

A Dynamic Characterization of the Pure Logic of Relevant Implication

This paper spells out a dynamic proof format for the pure logic of relevant implication. (A proof is dynamic if a formula derived at some stage need not be derived at a later stage.) The paper illustrates three interesting points. (i) A set of properties that characterizes an inference relation on the (very natural) dynamic proof interpretation, need not characterize the same inference relation (or even any inference relation) on the usual set-theoretical interpretation. (ii) A proof format may display an internal dynamics (defeasible conclusions) in the absence of an external dynamics (non-monotonicity). (iii) A monotonic logic may have a non-monotonic characterization.     

Relevance

Relevance is a triadic relation between an item, an outcome or goal, and a situation. Causal relevance consists in an item's ability to help produce an outcome in a situation. Epistemic relevance, a distinct concept, consists in the ability of a piece of information (or a speech act communicating or requesting a piece of information) to help achieve an epistemic goal in a situation. It has this ability when it can be ineliminably combined with other at least potentially accurate information to achieve the goal. The relevance of a conversational contribution, premiss relevance and conclusion relevance are species of epistemic relevance thus defined. The conception of premiss relevance which results provides a basis for determining when the various arguments ad called fallacies of relevance are indeed irrelevant. In particular, an ad verecundiam appeal is irrelevant if the authority cited lacks expertise in a cognitive domain to which the conclusion belongs, the authority does not exercise its expertise in coming to endorse the conclusion, or the conclusion does not belong to a cognitive domain; otherwise the ad verecundiam is relevant.     

Evaluating Dialectical Structures

This paper develops concepts and procedures for the evaluation of complex debates. They provide means for answering such questions as whether a thesis has to be considered as proven or disproven in a debate or who carries a burden of proof. While being based on classical logic, this framework represents an (argument-based) approach to non-monotonic, or defeasible reasoning. Debates are analysed as dialectical structures, i.e. argumentation systems with an attack- as well as a support-relationship. The recursive status assignment over the arguments is conditionalised on proponents in a debate. The problem of multiple status assignments arising on circular structures is solved by showing that uniqueness can be guaranteed qua reconstruction of a debate. The notion of burden of proof as well as other discursive aims rational proponents pursue in a debate is defined within the framework.     

The notion of a recognitional concept and other confusions

The notion of a recognitional concept (RC) is stated precisely and shown to be unrelated to the proper notion of a perceptually based concept, defining of concept empiricism. More fundamentally, it is argued that the notion of an RC does not reflect a potentially sensible candidate theory of concepts at all and therefore ought to be abandoned from concept-theoretical discourse. In the later parts of the paper, it is shown independently of these points that Fodor’s attacks on RCs are in all central respects based on fallacies and confusions. Thus, even if the notion of an RC were one worth defending, it could not be threatened by Fodor’s attacks on it. Throughout the paper, I aim at clarification regarding the logical relations between various concept-theoretical options.