Burden of Proof, Presumption and Argumentation

This book explains how burden of proof and presumption work as powerful devices in argumentation, based on studying many clearly explained legal and non-legal examples.

Douglas Walton (Author)

9781107678828, Cambridge University Press

Paperback / softback, published 7 July 2014

315 pages, 52 b/w illus.
22.8 x 15.1 x 1.5 cm, 0.44 kg

'Walton's intellectual tour de force brings together argumentation theory, AI and law to provide a framework within which this most difficult but also highly important issue of argumentation can be addressed.' Burkhard Schafer, University of Edinburgh

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 analyses of many clearly explained legal and non-legal examples. The model is shown to fit cases of everyday conversational argumentation as well as argumentation in legal cases. Burden of proof determines (1) under what conditions an arguer is obliged to support a claim with an argument that backs it up and (2) how strong that argument needs to be to prove the claim in question.

1. Introduction to basic concepts
2. Burdens of proof in legal reasoning
3. Presumption in legal reasoning
4. Shifting of the burden of proof in witness testimony
5. Burden of proof in dialogue systems
6. Solving the problems of burden of proof
7. Burdens of proof in different types of dialogue
8. Burdens of proof in everyday conversational arguments.

Subject Areas: Artificial intelligence [UYQ], Mathematical logic [PBCD], Jurisprudence & philosophy of law [LAB], Philosophy: logic [HPL], Analytical philosophy & Logical Positivism [HPCF5]