Burdens of proof

Ronald J Allen*

*Corresponding author for this work

Research output: Contribution to journalArticle

13 Scopus citations

Abstract

The conceptual foundations of burdens of proof are examined, and the unified theory of evidentiary devices derivable from those foundations is explicated. Both the conceptual foundations and the unified theory generated are shown to rest on questionable assumptions about conventional probability theory. The resulting analytical difficulties are analyzed. Inference to the best explanation and the relative plausibility theory are examined as potentially providing the foundation to a superior conceptualization of the burden of proof.

Original languageEnglish (US)
Article numbermgu005
Pages (from-to)195-219
Number of pages25
JournalLaw, Probability and Risk
Volume13
Issue number3-4
DOIs
StatePublished - Jan 1 2014

Keywords

  • Abduction
  • Burden of persuasion and production
  • Burdens of proof
  • Decision theory inference to the best explanation
  • Epistemology
  • Evidence
  • proof

ASJC Scopus subject areas

  • Philosophy
  • Statistics, Probability and Uncertainty
  • Law

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