Burden of Proof, Presumption and Argumentation

by Douglas N. Walton

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.

Genres: Philosophy, Logic

315 pages, Paperback

First published May 8, 2014

About the author

Douglas Neil Walton (PhD University of Toronto, 1972) is a Canadian academic and author, well known for his many widely published books and papers on argumentation, logical fallacies and informal logic. He is presently Distinguished Research Fellow of the Centre for Research in Reasoning, Argumentation, and Rhetoric (CRRAR) at the University of Windsor, Canada, and before that (2008-2014), he held the Assumption Chair of Argumentation Studies at the University of Windsor. Walton’s work has been used to better prepare legal arguments and to help develop artificial intelligence. His books have been translated worldwide, and he attracts students from many countries to study with him. A special issue of the journal Informal Logic surveyed Walton’s contributions to informal logic and argumentation theory up to 2006 (Informal Logic, 27(3), 2007). A festschrift honoring his contributions, Dialectics, Dialogue and Argumentation: An Examination of Douglas Walton’s Theories of Reasoning and Argument, ed. C. Reed and C. W. Tindale, London: College Publications, 2010, shows how his theories are increasingly finding applications in computer science. A list of titles of many of Walton’s books is given below. Links to preprints of many of his published papers can be found on the website

http://www.dougwalton.ca