Results for 'Burden of proof. '

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  1. The Burden of Proof and Its Role in Argumentation.Ulrike Hahn & Mike Oaksford - 2007 - Argumentation 21 (1):39-61.
    The notion of “the burden of proof” plays an important role in real-world argumentation contexts, in particular in law. It has also been given a central role in normative accounts of argumentation, and has been used to explain a range of classic argumentation fallacies. We argue that in law the goal is to make practical decisions whereas in critical discussion the goal is frequently simply to increase or decrease degree of belief in a proposition. In the latter case, it (...)
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  2.  29
    Burden of Proof, Presumption and Argumentation.Douglas Walton - 2012 - Cambridge University Press.
    The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artificial intelligence has built precise formal and computational systems to represent this kind of reasoning. The book provides a model of reasoning with burden of proof and presumption, based on (...)
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  3.  30
    Burden of Proof.Andrew Russo - 2018-05-09 - In Robert Arp, Steven Barbone & Michael Bruce (eds.), Bad Arguments. Wiley. pp. 137–139.
    The burden of proof (BOP) fallacy is an informal fallacy involving the failure to recognize or properly assign the BOP in a persuasive reasoned dialogue, that is, an interchange between two or more parties whose aim is to prove or defend a position and, in doing so, persuade the other side of its truth or plausibility. In some such dialogues, the amount or strength of evidence required in order to accomplish this goal reasonably may differ for one of the (...)
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  4.  43
    Burden of Proof in Bioethics.Julian J. Koplin & Michael J. Selgelid - 2015 - Bioethics 29 (9):597-603.
    A common strategy in bioethics is to posit a prima facie case in favour of one policy, and to then claim that the burden of proof falls on those with opposing views. If the burden of proof is not met, it is claimed, then the policy in question should be accepted. This article illustrates, and critically evaluates, examples of this strategy in debates about the sale of organs by living donors, human enhancement, and the precautionary principle. We highlight (...)
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  5.  15
    Burdens of Proof in Modern Discourse.Richard H. Gaskins - 1992 - Yale University Press.
    Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the _lack_ of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and (...)
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  6. Burdens of Proof and the Case for Unevenness.Imran Aijaz, Jonathan McKeown-Green & Aness Webster - 2013 - Argumentation 27 (3):259-282.
    How is the burden of proof to be distributed among individuals who are involved in resolving a particular issue? Under what conditions should the burden of proof be distributed unevenly? We distinguish attitudinal from dialectical burdens and argue that these questions should be answered differently, depending on which is in play. One has an attitudinal burden with respect to some proposition when one is required to possess sufficient evidence for it. One has a dialectical burden with (...)
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  7.  14
    Presumptions and burdens of proof: an anthology of argumentation and the law.Hans Vilhelm Hansen (ed.) - 2019 - Tuscaloosa: University of Alabama Press.
    An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in (...)
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  8.  70
    Burden of Proof Rules in Social Criticism.Juha Räikkä - 1997 - Argumentation 11 (4):463-477.
    The article discusses burden of proof rules in social criticism. By social criticism I mean an argumentative situation in which an opponent publicly argues against certain social practices; the examples I consider are discrimination on the basis of species and discrimination on the basis of one's nationality. I argue that burden of proof rules assumed by those who defend discrimination are somewhat dubious. In social criticism, there are no shared values which would uncontroversially determine what is the reasonable (...)
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  9. Prove it! The Burden of Proof Game in Science vs. Pseudoscience Disputes.Massimo Pigliucci & Maarten Boudry - 2014 - Philosophia 42 (2):487-502.
    The concept of burden of proof is used in a wide range of discourses, from philosophy to law, science, skepticism, and even in everyday reasoning. This paper provides an analysis of the proper deployment of burden of proof, focusing in particular on skeptical discussions of pseudoscience and the paranormal, where burden of proof assignments are most poignant and relatively clear-cut. We argue that burden of proof is often misapplied or used as a mere rhetorical gambit, with (...)
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  10. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - 2018 - In David Coady & James Chase (eds.), Routledge Handbook of Applied Epistemology. New York: Routledge, Taylor & Francis Group.
    In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...)
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  11. Burdens of proof.Mark Spottswood - 2021 - In Christian Dahlman, Alex Stein & Giovanni Tuzet (eds.), Philosophical Foundations of Evidence Law. New York, NY: Oxford University Press.
     
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  12. Shifting the burden of proof?Michael Rescorla - 2009 - Philosophical Quarterly 59 (234):86-109.
    Dialectical foundationalists, including Adler, Brandom, Leite, and Williams, claim that some asserted propositions do not require defense just because an interlocutor challenges them. By asserting such a proposition, the speaker shifts the burden of proof to her interlocutor. Dialectical egalitarians claim that all asserted propositions require defense when challenged. I elucidate the dispute between dialectical foundationalists and egalitarians, and I defend a broadly egalitarian stance against several prominent objections.
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  13.  46
    Criminal Quarantine and the Burden of Proof.Michael Louis Corrado - 2019 - Philosophia 47 (4):1095-1110.
    In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level (...)
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  14.  78
    Burden of proof.DouglasN Walton - 1988 - Argumentation 2 (2):233-254.
    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.
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  15. (1 other version)Burdens of proof and choice of law.Dale A. Nance - 2020 - In Jordi Ferrer Beltrán & Carmen Vázquez (eds.), Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions. New York, NY: Cambridge University Press.
     
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  16.  17
    The Burden of Proof upon Metaphysical Methods.Conny Rhode - 2023 - Springer Verlag.
    Who carries the burden of proof in analytic philosophical debates, and how can this burden be satisfied? As it turns out, the answer to this joint question yields a fundamental challenge to the very conduct of metaphysics in analytic philosophy. Empirical research presented in this book indicates that the vastly predominant goal pursued in analytic philosophical dialogues lies not in discovering truths or generating knowledge, but merely in prevailing over one’s opponents. Given this goal, the book examines how (...)
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  17.  18
    The burden of proof for a cultural group selection account.Pat Barclay & Daniel Brian Krupp - 2016 - Behavioral and Brain Sciences 39.
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    The burdens of proof.Glen Brummelen - 2016 - Metascience 25 (2):243-245.
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    The burdens of proof: discriminatory power, weight of evidence, and tenacity of belief.Federico Picinali - 2018 - Jurisprudence 9 (1):192-201.
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    Evading the Burden of Proof in European Union Soft Law Instruments: The Case of Commission Recommendations.Corina Andone & Sara Greco - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):79-99.
    The European Union is making increased efforts to find simpler and more effective ways to function adequately in the eyes of its citizens by using ‘soft law’ instruments such as recommendations. Although they have no legally binding force, recommendations have practical and legal effects occurring partly due to their normative content in which a course of action is prescribed and further supported by arguments intended to persuade the addressees of a political position. Although recommendations function as persuasive instruments due to (...)
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  21. Putting the Burden of Proof in Its Place: When Are Differential Allocations Legitimate?Tim Dare & Justine Kingsbury - 2008 - Southern Journal of Philosophy 46 (4):503-518.
    To have the burden of proof is to be rationally required to argue for or provide evidence for your position. To have a heavier burden than an opponent is to be rationally required to provide better evidence or better arguments than they are required to provide. Many commentators suggest that differential or uneven distribution of the burden of proof is ubiquitous. In reasoned discourse, the idea goes, it is almost always the case that one party must prove (...)
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  22.  75
    Burdens of Proof.James Hardy - 1996 - Journal of Philosophical Research 21:321-330.
    Proponents of modal versions of the ontological argument have traditionally defended the prernise that God possibly exists by arguing that such a premise is more plausible than its negation. In this paper I argue that such a defense is insufficient to justify acceptance of the premise within the scope of a modal proof, and that this insufficiency accounts for the lack of probative force of these versions of the ontological argument. Rather, I claim that what is needed is a defense (...)
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  23.  52
    The Burden of Proof in Philosophical Persuasion Dialogue.Conny Rhode - 2017 - Argumentation 31 (3):535-554.
    Dialogical egalitarianism is the thesis that any proposition asserted in dialogue, if questioned, must be supported or else retracted. Dialogical foundationalism is the thesis that some propositions are privileged over this burden of proof, standing in no need of support unless and until support for their negation is provided. I first discuss existing arguments for either thesis, dismissing each one of them. Absent a successful principled argument, I then examine which thesis it is pragmatically more advantageous to adopt in (...)
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  24.  63
    (1 other version)Free Will and the Burden of Proof.William G. Lycan - 2003 - Royal Institute of Philosophy Supplement 53:107-122.
    Here are some things that are widely believed about free will and determinism. Free will is prima facie incompatible with determinism. The incompatibility is logical or at least conceptual or a priori. A compatibilist needs to explain how free will can co-exist with determinism, paradigmatically by offering an analysis of ‘free’ action that is demonstrably compatible with determinism. Free will is not impugned by quantum indeterminism, at least not in the same decisive way that it is impugned by determinism. To (...)
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  25. On the Burden of Proof.James Cargile - 1997 - Philosophy 72 (279):59 - 83.
    The phrase ‘burden of proof’ or ‘onus probandi’ originally referred to something determined by a judge in a legal proceeding. Some claims would be accepted as true by the court, and other relevant claims would require proving. The burden of doing this proving could be assigned to one or another party by the judge. Success or failure to meet this burden could be determined by the judge or the jury, as could consequences of success or failure.
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  26.  36
    Burdens of Proof in Modern Discourse (review).Gerald Prince - 1994 - Philosophy and Literature 18 (1):148-149.
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  27.  63
    Maneuvering with the Burden of Proof: Confrontational Strategies in Dealing with Political Accountability.Corina Andone - 2014 - Studies in Logic, Grammar and Rhetoric 36 (1):59-78.
    In this paper, the author examines the burden of proof in the argu- mentative confrontations taking part in practices of political accountability. She does so by explaining how politicians maneuver strategically with the burden of proof in an attempt at winning the discussion in which they are involved. After making clear the role of the burden of proof in defining the difference of opinion in argumentative confrontations, the author outlines the constraints imposed by practices of political accountability (...)
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  28.  56
    Metadialogues for Resolving Burden of Proof Disputes.Douglas N. Walton - 2007 - Argumentation 21 (3):291-316.
    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 (...)
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  29.  31
    Claim Strength and Burden of Proof.Jeremy Bailenson & Lance J. Rips - unknown
    In this paper, we report results from experiments in which people read conversational arguments and then judge the convincingness of each claim and the individual speakers' burden of proof. The results showed an "anti-primacy" effect: People judge the speaker who makes the first claim as having greater burden of proof. This effect persists even when each speaker's claims are rated equally convincing. We also find that people rate claims less convincing when they appear in the first part of (...)
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  30. Propositionalism about intention: shifting the burden of proof.Lucy Campbell - 2019 - Canadian Journal of Philosophy 49 (2):230-252.
    ABSTRACTA widespread view in the philosophy of mind and action holds that intentions are propositional attitudes. Call this view ‘Propositionalism about Intention’. The key alternative holds that intentions have acts, or do-ables, as their contents. Propositionalism is typically accepted by default, rather than argued for in any detail. By appealing to a key metaphysical constraint on any account of intention, I argue that on the contrary, it is the Do-ables View which deserves the status of the default position, and Propositionalism (...)
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  31.  11
    5. Burdens of Proof.Graeme Hunter - 2013 - In Pascal the Philosopher: An Introduction. Toronto: University of Toronto Press. pp. 149-200.
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  32.  38
    Burdens of Proof in Modern Discourse. [REVIEW]Robert D'Amico - 1994 - Review of Metaphysics 47 (4):814-815.
    The argument from ignorance is an informal fallacy that holds either that a statement not known to be true or proven true is false, or a statement not known to be false or proven false is true. For example, some creationists hold that since the theory of evolution has not been proven to be true, it is false. There is, however, a subtlety to this fallacy that is exploited in Richard H. Gaskins's far-ranging study of rhetoric and persuasion in modern (...)
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  33.  21
    Consequences, Dispositions, and the Burden of Proof.Michael Louis Corrado - 2014 - Criminal Justice Ethics 33 (3):236-245.
    Kadri Vihvelin is one of the more important writers in the area of free will studies, and in this book she proposes to vindicate full-fledged compatibilism in the face of the apparent failure of th...
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  34.  17
    The Pacifist’s Burden of Proof.Myron A. Penner - 2005 - Philosophia Christi 7 (1):107-123.
  35. Why the Direct Argument Does Not Shift the Burden of Proof.Yael Loewenstein - 2016 - Journal of Philosophy 113 (4):210-223.
    Peter van Inwagen's influential Direct Argument (DA) for the incompatibility of moral responsibility and causal determinism makes use of an inference rule he calls "Rule B." Michael McKenna has argued that van Inwagen's defense of this rule is dialectically inappropriate because it is based entirely on alleged “confirming” cases that are not of the right kind to justify the use of Rule B in DA. Here I argue that McKenna’s objection is on the right track but more must be said (...)
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  36. Philosophical expertise and the burden of proof.Timothy Williamson - 2011 - Metaphilosophy 42 (3):215-229.
    Abstract: Some proponents of “experimental philosophy” criticize philosophers' use of thought experiments on the basis of evidence that the verdicts vary with truth-independent factors. However, their data concern the verdicts of philosophically untrained subjects. According to the expertise defence, what matters are the verdicts of trained philosophers, who are more likely to pay careful attention to the details of the scenario and track their relevance. In a recent article, Jonathan M. Weinberg and others reply to the expertise defence that there (...)
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  37. Defining Atheism and the Burden of Proof.Shoaib Ahmed Malik - 2018 - Philosophy 93 (2):279-301.
    In this paper I demonstrate how certain contemporary atheists have problematically conflatedatheismwithagnosticism(knowingly or unknowingly). The first type of conflation issemantic fusion, where the lack of belief in God is combined with the outright denial of God, under the single label of ‘atheism’. The second ismorphological fissionwhich involves the separation of atheism into two subcategories where lack of belief in God is labelled asnegativeatheism and outright denial of God aspositiveatheism – and while here they are more explicitly demarcated, they are still (...)
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  38.  25
    God and the burden of proof: Plantinga, Swinburne, and the analytic defense of theism.Keith M. Parsons - 1989 - Buffalo, N.Y.: Prometheus Books.
    Offers a critical examination of Alvin Plantinga's and Richard Swinburne's contemporary attempt to defend traditional theism within the context of analytic philosophy.
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  39.  31
    Incentives, Nudges and the Burden of Proof in Ethical Argument.Richard E. Ashcroft - 2017 - Journal of Medical Ethics 43 (3):137-137.
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  40.  40
    Agree to disagree: the symmetry of burden of proof in human–AI collaboration.Karin Rolanda Jongsma & Martin Sand - 2022 - Journal of Medical Ethics 48 (4):230-231.
    In their paper ‘Responsibility, second opinions and peer-disagreement: ethical and epistemological challenges of using AI in clinical diagnostic contexts’, Kempt and Nagel discuss the use of medical AI systems and the resulting need for second opinions by human physicians, when physicians and AI disagree, which they call the rule of disagreement.1 The authors defend RoD based on three premises: First, they argue that in cases of disagreement in medical practice, there is an increased burden of proof for the physician (...)
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  41.  19
    Skeptical Challenge and the Burden of Proof: On Rescher's Critique of Skepticism.Marcus Willaschek - 1998 - Poznan Studies in the Philosophy of the Sciences and the Humanities 64:203-221.
  42.  87
    (1 other version)The Carneades model of argument and burden of proof.Thomas F. Gordon, Henry Prakken & Douglas Walton - 2007 - Artificial Intelligence 171 (10-15):875-896.
    We present a formal, mathematical model of argument structure and evaluation, taking seriously the procedural and dialogical aspects of argumentation. The model applies proof standards to determine the acceptability of statements on an issue-by-issue basis. The model uses different types of premises (ordinary premises, assumptions and exceptions) and information about the dialectical status of statements (stated, questioned, accepted or rejected) to allow the burden of proof to be allocated to the proponent or the respondent, as appropriate, for each premise (...)
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  43.  46
    On Presumptions, Burdens of Proof, and Explanations.Petar Bodlović - 2020 - Informal Logic 40 (2):255-294.
    On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least (...)
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  44.  57
    Global justice and the logic of the burden of proof.Juha Räikkä - 2005 - Metaphilosophy 36 (1-2):228-239.
    The question of who has the burden of proof is often important in practice. We must frequently make decisions and act on the basis not of conclusive evidence but of what is reasonable to presume true. Consequently, it happens that a given practical question must be solved by referring to principles that explicitly or implicitly determine, at least partly, where the burden of proof should rest. In this essay, I consider the role of the logic of the (...) of proof in a debate on global justice. In particular, I ask how the logic of the burden of proof is seen by those who defend conservative positions in a debate and deny our obligations to reduce poverty beyond borders. I argue that defenders of conservative positions tend to shift the burden of proof in an unjustified way. (shrink)
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  45.  96
    The Burden of Proof.Robert Brown - 1970 - American Philosophical Quarterly 7 (1):74 - 82.
  46. The Logical Burdens of Proof. Assertion and Hypothesis.Daniele Chiffi & Fabien Schang - 2017 - Logic and Logical Philosophy 26 (4):1-22.
    The paper proposes two logical analyses of (the norms of) justification. In a first, realist-minded case, truth is logically independent from justification and leads to a pragmatic logic LP including two epistemic and pragmatic operators, namely, assertion and hypothesis. In a second, antirealist-minded case, truth is not logically independent from justification and results in two logical systems of information and justification: AR4 and AR4¢, respectively, provided with a question-answer semantics. The latter proposes many more epistemic agents, each corresponding to a (...)
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  47.  27
    The burdens of proof: Karine Chemla : The history of mathematical proof in ancient traditions. Cambridge, UK: Cambridge University Press, 2015, 600pp, $59.99 PB. [REVIEW]Glen Van Brummelen - 2016 - Metascience 25 (2):243-245.
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  48. War crimes, punishment and the burden of proof.Anthony Ellis - 2010 - Res Publica 16 (2):181-196.
    This paper argues that there is a default presumption that punishment has some deterrent effect, and that the burden of proof is upon those who allege that the costs of any particular penal system are insufficient to offset its deterrent benefits. This burden of proof transmits to the discussion of international law, with the conclusion that it is those who oppose international jurisdiction, rather than their opponents, who must prove their position. This they have so far failed to (...)
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  49.  12
    From Environmental Ethics to Nature Conservation Policy: Natura 2000 and the Burden of Proof.Humberto Rosa & Jorge Silva - 2005 - Journal of Agricultural and Environmental Ethics 18 (2):107-130.
    Natura 2000 is a network of natural sites whose aim is to preserve species and habitats of relevance in the European Union. The policy underlying Natura 2000 has faced widespread opposition from land users and received extensive support from environmentalists. This paper addresses the ethical framework for Natura 2000 and the probable moral assumptions of its main stakeholders. Arguments for and against Natura 2000 were analyzed and classified according to “strong” or “weak” versions of the three main theories of environmental (...)
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  50.  49
    Theories of Presumptions and Burdens of Proof.Hans V. Hansen - unknown
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