{"title":"论推定、举证责任和解释","authors":"Petar Bodlović","doi":"10.22329/il.v40i2.6312","DOIUrl":null,"url":null,"abstract":"On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous (because two types of presumptions entail distinct conceptions of the “burden of proof”), and likely implausible. As a result, they require qualifications.","PeriodicalId":45902,"journal":{"name":"Informal Logic","volume":"40 1","pages":"255-294"},"PeriodicalIF":0.9000,"publicationDate":"2020-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"On Presumptions, Burdens of Proof, and Explanations\",\"authors\":\"Petar Bodlović\",\"doi\":\"10.22329/il.v40i2.6312\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous (because two types of presumptions entail distinct conceptions of the “burden of proof”), and likely implausible. As a result, they require qualifications.\",\"PeriodicalId\":45902,\"journal\":{\"name\":\"Informal Logic\",\"volume\":\"40 1\",\"pages\":\"255-294\"},\"PeriodicalIF\":0.9000,\"publicationDate\":\"2020-07-06\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Informal Logic\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22329/il.v40i2.6312\",\"RegionNum\":3,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"PHILOSOPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Informal Logic","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22329/il.v40i2.6312","RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
On Presumptions, Burdens of Proof, and Explanations
On the standard view, all presumptions share the same deontic function: they asymmetrically allocate the burden of proof. But what, exactly, does this function amount to? Once presumptions are rejected, do they place the burden of arguing, the burden of explanation, or the most general burden of reasoning on their opponents? In this paper, I take into account the differences between cognitive and practical presumptions and argue that the standard accounts of deontic function are at least ambiguous (because two types of presumptions entail distinct conceptions of the “burden of proof”), and likely implausible. As a result, they require qualifications.
期刊介绍:
Informal Logic publishes articles that advance the dialectic in reasoning and argumentation theory and practice. Primary criteria for the acceptance of articles with a theoretical focus or interest are: (1) the article advances the dialectic or constitutes an interesting comment on it: it presents a cogent argument, objection, interpretation or position that is an advance in relation to the background of issues and controversies on the topic; or it casts the issue addressed in a new and worthwhile light; and (2) the article makes explicit reference to the pertinent literature on its topic, and it discharges the burden of proof imposed by that scholarship. Primary criteria for acceptance of articles devoted to the teaching of informal logic, critical thinking or argumentation include: originality; utility; timeliness; and evidence of the effectiveness of the methods, materials, technologies, etc., proposed. The standard criteria for scholarly publication—topical fit with the subjects covered in the journal; adequacy of coverage to the issue addressed; clarity, organization and literateness of the prose; conceptual clarity and cogency of argumentation—apply ceteris paribus to the selection of all articles, notes and reviews.