The process of transferring the obligation to affirmatively prove a fact in controversy or an issue brought during a lawsuit from one party in a legal controversy to the other party.
When the individual upon whom the burden of proof initially rested has brought evidence that tends to prove a particular fact or issue, the other party then takes on the duty to rebut such fact or issue through the use of defensive or contradictory evidence.
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Argument from ignorance, also known as argumentum ad ignorantiam or "appeal to ignorance" (where "ignorance" stands for: "lack of evidence to the contrary"), is a fallacy in informal logic. It asserts that a proposition is true because it has not yet been proven false, it is "generally accepted" (or vice versa). This represents a type of false dichotomy in that it excludes a third option, which is that there is insufficient investigation and therefore insufficient information to prove the proposition satisfactorily to be either true or false. Nor does it allow the admission that the choices may in fact not be two (true or false), but may be as many as four, (1) true, (2) false, (3) unknown between true or false, and (4) being unknowable (among the first three).[1] In debates, appeals to ignorance are sometimes used to shift the burden of proof.
The fallaciousness of arguments from ignorance does not mean that one can never possess good reasons for thinking that something does not exist, an idea captured by philosopher Bertrand Russell's teapot, a hypothetical china teapot revolving about the sun between Earth and Mars; however this would fall more duly under the arena of pragmatism, wherein a position must be demonstrated or proven in order to be upheld, and therefore the burden of proof is on the argument's proponent. See also Occam's razor (assume simplicity over complexity).
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Arguments that appeal to ignorance rely merely on the fact that the veracity of the proposition is not disproven to arrive at a definite conclusion. These arguments fail to appreciate that the limits of one's understanding or certainty do not change what is true. They do not inform upon reality. That is, whatever the reality is, it does not “wait” upon human logic or analysis to be formulated. Reality exists at all times, and it exists independently of what is in the mind of anyone. And the true thrust of science and rational analysis is to separate preconceived notion(s) of what reality is, and to be open at all times to the observation of nature as it behaves, so as truly to discover reality. This fallacy can be very convincing and is considered by some[2] to be a special case of a false dilemma or false dichotomy in that they both fail to consider alternatives. A false dilemma may take the form:
Such arguments attempt to exploit the facts that (a) true things can never be disproven and (b) false things can never be proven. In other words, appeals to ignorance claim that the converse of these facts are also true (therein lies the fallacy).
To reiterate, these arguments ignore the fact, and difficulty, that some true things may never be proven, and some false things may never be disproved with absolute certainty. The phrase "absence of evidence is not evidence of absence" can be used as a shorthand rebuttal to the second form of the ignorance fallacy (i.e. P has never been absolutely proven and is therefore certainly false.). Most often it is directed at any conclusion derived from null results in an experiment or from the non-detection of something. In other words, where one researcher may say their experiment suggests evidence of absence, another researcher might argue that the experiment failed to detect a phenomenon for other reasons.
Much confusion about arguments from ignorance can be caused when one side of a debate forgets that we often possess evidence of absence in practice.
The ignorance fallacy is sometimes confused (or combined) with logically valid contrapositive arguments. Contrapositive arguments rightly utilize the transposition rule of inference in classical logic to conclude something like: To the extent that C implies E then Not-E must also imply Not-C. In other words, if a cause always leads to an effect, then absence of the expected effect is evidence of absence of the cause. For example, if the causal proposition that If it's raining outside then the streets will be wet is assumed, then it can be assumed that if the streets are not wet then it is not raining outside. The inference that it cannot be raining outside because the streets are not getting wet is exactly as true, or perhaps exactly as untrue, as the original proposition. The statements are logically equivalent.
Carl Sagan explains in his book The Demon-Haunted World:
| “ | Appeal to ignorance: the claim that whatever has not been proved false must be true, and vice versa. (e.g., There is no compelling evidence that UFOs are not visiting the Earth; therefore, UFOs exist, and there is intelligent life elsewhere in the Universe. Or: There may be seventy kazillion other worlds, but not one is known to have the moral advancement of the Earth, so we're still central to the Universe.) This impatience with ambiguity can be criticized in the phrase: absence of evidence is not evidence of absence.[3] | ” |
For instance, absence of evidence that it rained (i.e. water is the evidence) may be considered as positive evidence that it did not rain. Again, in science, such inferences are always made to some limited (sometimes extremely high) degree of probability and in this case absence of evidence is evidence of absence when the positive evidence should have been there but is not.
Arguments from ignorance can easily find their way into debates over the existence of God. It is a fallacy to draw conclusions based precisely on ignorance, since this does not satisfactorily address issues of philosophic burden of proof. But null results are not ignorance and can be used as evidence to achieve a given burden of proof.
Contraposition is a logically valid rule of inference that allows the creation of a new proposition from the negation and reordering of an existing one. The method applies to any proposition of the type If A then B and says that negating all the variables and switching them back to front leads to a new proposition i.e. If Not-B then Not-A that is just as true as the original one and that the first implies the second and the second implies the first.
Transposition is exactly the same thing described in a different language.
Absence of evidence is the absence, or lack of, any kind of evidence that may show, indicate, suggest, or be used to infer or deduce a fact.
Evidence of absence is evidence of any kind that can be used to infer or deduce the non-existence or non-presence of something. For instance, if a doctor does not find any malignant cells in a patient this null result (finding nothing) is evidence of absence of cancer, even though the doctor has not actually detected anything per se. Such inductive reasoning is important to empiricism and science, but has well established limitations. The challenge thus becomes to try to identify when a researcher has received a null result (found nothing) because the thing does not exist (evidence of absence), and when one simply lacks proper means of detection (absence of evidence).
Negative evidence is sometimes used as an alternative to absence of evidence and is often meant to be synonymous with it. On the other hand, the term may also refer to evidence with a negative value, or null result equivalent to evidence of absence. It may even refer to positive evidence about something of an unpleasant nature.
Null result is a term often used in the field of science to indicate absence of evidence. A search for water on the ground may yield a null result (the ground is dry); therefore, it probably did not rain.
Arguments from incredulity take the form:
These arguments are similar to arguments from ignorance in that they too ignore and do not properly eliminate the possibility that something can be both incredible and still be true, or appear to be obvious and yet still be false.
Arguments from self-knowing take the form:
In practice these arguments are often fallacious and rely on the veracity of the supporting premise. For example the argument that If I had just sat on a wild porcupine then I would know it; in fact I do not know it; therefore I did not just sit on a wild porcupine is probably not a fallacy and depends entirely on the veracity of the leading proposition that supports it. (See Contraposition and Transposition in the Related terms section in this article.)
Absence of evidence is a condition in which no valid conclusion can be inferred from the mere absence of detection, normally due to doubt in the detection method. Evidence of absence is the successful variation: a conclusion that relies on specific knowledge in conjunction with negative detection to deduce the absence of something. An example of evidence of absence is checking your pockets for spare change and finding nothing, but being confident that the search would have found it if it was there.
By determining that a given experiment or method of detection is sensitive and reliable enough to detect the presence of X (when X is present) one can confidently exclude the possibility that X may be both undetected and present. This allows one to deduce that X cannot be present if a null result is received.
Thus there are only two possibilities, given a null result:
To the extent that option 2 can be eliminated, one can deduce that if X is not detected then X is not present and therefore the null result is evidence of absence.
(These examples contain or represent missing information.)
(These examples contain definite evidence that can be used to show, indicate, suggest, infer or deduce the non-existence or non-presence of something.)
(Draws a conclusion based on lack of knowledge or evidence without accounting for all possibilities)
From "Fallacies: classical and contemporary readings By Hans V. Hansen, Robert C. Pinto"
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