Burdens of Proof and Persuasion in Everyday Argumentation

Proceedings of the 7th Conference on Argumentation of the International Society for the Study of Argumentation, Amsterdam, June 29-July 2, 2010

11 Pages Posted: 31 Jan 2011  

Fabrizio Macagno

Universidade Nova de Lisboa

Douglas Walton

University of Winnipeg - Department of Philosophy

Date Written: July 2010

Abstract

In law, there is a distinction between two main types of burden of proof, called the burden of persuasion and the burden of production of evidence (or evidential burden). In everyday conversational argumentation, although the burden of proof tends to be harder to pin down, we argue that a useful distinction can be drawn between a global burden of proof and an evidential (local) burden of proof, relating to a specific claim made during the course of a discussion. In this paper we identify some dialectical principles on which the allocations of both burdens are grounded.

Keywords: Burden of proof, legal reasoning, argumentation, presumption

Suggested Citation

Macagno, Fabrizio and Walton, Douglas, Burdens of Proof and Persuasion in Everyday Argumentation (July 2010). Proceedings of the 7th Conference on Argumentation of the International Society for the Study of Argumentation, Amsterdam, June 29-July 2, 2010. Available at SSRN: https://ssrn.com/abstract=1751682 or http://dx.doi.org/10.2139/ssrn.1751682

Fabrizio Macagno (Contact Author)

Universidade Nova de Lisboa ( email )

Av. Berna 26 I&D Building, office 4.02
Lisbon, 1069-061
Portugal

HOME PAGE: http://fabriziomacagno.altervista.org/

Douglas Walton

University of Winnipeg - Department of Philosophy ( email )

Winnipeg, Manitoba R3B 2E9
Canada

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