StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Fallacy Burden of Proof - Essay Example

Cite this document
Summary
Fallacy is an error in reasoning. There are various types of fallacies which may appear persuasive and may lead people to false conclusions. This paper is intended to shed light on fallacy in general. Moreover it explains with examples from daily life how "burden of proof" takes place while reasoning in specific cases and in particular legal cases also…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.1% of users find it useful
Fallacy Burden of Proof
Read Text Preview

Extract of sample "Fallacy Burden of Proof"

Download file to see previous pages

Time and again the expression 'fallacy' is applied to assign some mistake whatever it is, but is maltreatment. Logic is occasionally mentioned as the capacity to rationalize accurately, but it is more appropriately described as the appraisal of the connections between declarations that are frequently given with the purpose of proposing a line of reasoning. Regulations of conjecture characterize appropriate derivability, that is, they assign the kinds of reports that may be derived from particular given kinds of statements.

Usually the concluding statement is named as the conclusion, and the others are called premises. To state an argument or reach a conclusion that appears, on superficial examination, to follow these rules of inference but that actually breaks them is to commit a fallacy. 'Argumentum ad ignorantiam' denotes "Reasoning as of unawareness". This type of fallacy takes place there has been reasoning about truthfulness of something only on the ground that no one could evidence it as wrong. On the other hand, if an argument is made about falseness of something simply because it could not be confirmed as correct.

For instance, accepting any holy book as true only on the ground you cannot prove it other way. Moreover if somebody says that there is no existence of telepathy as nobody has provided evidence. Within systematic examina. n an occurrence is recognized to turn out a particular proof of its incidence so the lack of that particular proof may dependably be utilized for concluding the non occurrence of that event. (Methew, 1997)Shifting the Burden of ProofThe 'shifting of Burden of Proof' is a specific instance under 'Argumentum ad ignorantiam' and is usually over the individual making a statement.

In other words we can say that it is a type of fallacy where the burden of proof is put on the individual who contradicts or interrogates about that statement. This type of fallacy is based on the postulation that any statement is regarded as true if there is no evidence to prove it wrong. (Methew, 1997)As stated by Bailenson and Rips (1999) while making arguments intimates put forward declarations and endeavor to support them with established confirmations. The legal structure in USA entails regulations administering 'the burden of proof' with potential conclusions based on proofs.

Such as, that a person being not in attendance for around eight consecutive years and not being informed throughout this period can be accepted as deceased. In this case the burden of proof lies on group making effort to confirm that individual as living. Even though, law provides more than one denotations for the burden of proof, related regulations usually resolve the default result if there is no more proof for the concerned issue is expected.An associated example of burden of proof is frequent in political an educational field where the party having the burden of proof has to be defeated by default except additional confirmation comes out in its backing.

Thus in terms of law, the burden of proof is apt to shift during an argument.On one occasion if a party completed its burden through providing persuasive

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Fallacy Burden of Proof Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1530675-fallacy-burden-of-proof
(Fallacy Burden of Proof Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/miscellaneous/1530675-fallacy-burden-of-proof.
“Fallacy Burden of Proof Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/miscellaneous/1530675-fallacy-burden-of-proof.
  • Cited: 0 times

CHECK THESE SAMPLES OF Fallacy Burden of Proof

The Dowry system in India

The dowry system has become one such burden for the Indian Society. A tradition of the… Kautilya defined this practice as a means of subsistence or even jewelry which constitutes what is sometimes remarked as the Kautilya believed that there is absolutely no guilt for a wife to project such property regimes of hers in maintaining her son or even her daughter-in-law.... The birth of a girl became synonymous with the burden and cost of the dowry that she would be worth when her time for marriage would come....
5 Pages (1250 words) Research Paper

Searching for 15 Fallacies

It is a fallacy of burden of proof.... This statement falls under the type of fallacy called poisoning the well.... It is a type of fallacy called the Argument form popularity.... This is because many have looked for jobs and they have secured good Topic: due: Fallacies used by the media in daily coverage A fallacy is an idea or belief that is false butmany people think is true.... One can also explain a fallacy as a mistake in an argument or idea that makes it false....
2 Pages (500 words) Research Paper

An Amphiboly Is a Tactic to Deceive

Argumentum ad ignorantium can be used in order to turn the tables on an opponent, shifting the burden of proof to the accuser and not the defender.... This form of fallacy occurs when one attacks the characteristic of an individual, instead of his claims.... ?? The fallacy lies in the neglect of the accusation (Walton).... This form of fallacy occurs in a logical argument, when an individual appeals to the emotions of his audience in order to get them to agree with him, even though this would have no relevance to the argument (Pirie 2006)....
3 Pages (750 words) Essay

Criminal Justice, Psychology of Imprisonment

The burden of proof lies on him as against probation officer's report.... The problem seen here is underperformance or not completing the terms of offenders which might be a prevalent case, and the tail-end of court litigations and cost to incarcerate an offender is a burden to government expenditures....
4 Pages (1000 words) Essay

The Six Amendment during Trial

The Supreme Court granted certiorari to the inmate but ruled that the habeas could not be granted because there was no proof of the attorney being prejudiced or showing deficient performance which are the requirements of granting this writ against the attorney.... The right of a defendant to be present during his or her trial is states in the Six Amendment as well as further strengthened by the statutory laws depending on the state....
4 Pages (1000 words) Essay

Evidence Law and Practice Critique

In this case, Daddy was guilty because he violated all the above burden of proof (Friedland, Bergman, & Taslitz, 2015).... he accused has the burden of proving innocent.... The prosecutor seeks to rely on John's silence as proof of guilt.... The burden consists of the following elements namely; the accused must hear the statement and understand it....
6 Pages (1500 words) Coursework

Prison Overcrowding Being a Burden on a Taxpaying Society

On the other hand, it also seems that the stronger arguments and proof including the cost-effectiveness need to bring the common citizens towards the resistance in the wake of Capital Punishment.... In this assignment "Prison Overcrowding Being a burden on a Taxpaying Society", the discussion has been centered on the fact that the taxpaying society has a right to know where and how their money is being spent and to what levels they get to know about these respective utilizations....
7 Pages (1750 words) Assignment

Reversal of Legal Burden of Proof in Criminal Cases

The paper "Reversal of Legal burden of proof in Criminal Cases" discusses that it is important to restate the judiciary has exercised the reversal of the burden of proof in criminal matters in English courts on several occasions but dependent on the onus of proving the evidence.... hellip; The giving away of the reversal of the burden of proof in criminal matters, the courts have tended to act within reasonable limits.... House of Commons declared the decision by the presiding judge of reversing the burned of proof as a fallacy and held that the prosecution should always bear the burden of proof....
7 Pages (1750 words) Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us