Burdens of proof

Ronald J Allen*

*Corresponding author for this work

    Research output: Contribution to journalArticlepeer-review

    14 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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