Burden of Proof Fallacy | Who Has to Prove What | Evidentia

Burden of Proof Fallacy

F105 • Informal - Evidence

Also known as: Onus Probandi, Shifting the Burden

Difficulty 2/10Low-Medium LoadVery Common

Definition

Placing the burden of proof on the person questioning a claim rather than on the person making the claim.

Why Invalid

The person making a positive claim has the responsibility to provide evidence. Demanding others disprove your claim reverses proper burden of proof.

Examples

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Scope of Applicability

Identify who makes the initial claim
Check who is being asked to provide evidence
Determine if proof of negative is demanded
Assess if claimant provides any evidence

Common Mistakes

Thinking absence of evidence is evidence of absence
Not recognizing shared burden in some contexts
Confusing with legitimate questions

Argument from IgnoranceLump of Labor Fallacy

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F106 Argument from Ignorance

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