Fallacy of the Day - Burden of Proof

Includes: Appeal to Ignorance ("Ad Ignorantiam")

Description of Burden of Proof

Burden of Proof is a fallacy in which the burden of proof is placed on the wrong side. Another version occurs when a lack of evidence for side A is taken to be evidence for side B in cases in which the burden of proof actually rests on side B. A common name for this is an Appeal to Ignorance. This sort of reasoning typically has the following form:

1. Claim X is presented by side A and the burden of proof actually rests on side B.
2. Side B claims that X is false because there is no proof for X.

In many situations, one side has the burden of proof resting on it. This side is obligated to provide evidence for its position. The claim of the other side, the one that does not bear the burden of proof, is assumed to be true unless proven otherwise. The difficulty in such cases is determining which side, if any, the burden of proof rests on. In many cases, settling this issue can be a matter of significant debate. In some cases the burden of proof is set by the situation. For example, in American law a person is assumed to be innocent until proven guilty (hence the burden of proof is on the prosecution). As another example, in debate the burden of proof is placed on the affirmative team. As a final example, in most cases the burden of proof rests on those who claim something exists (such as Bigfoot, psychic powers, universals, and sense data).

More at Nizkor Project

Fallacy of the Day

The Straw Man fallacy is committed when a person simply ignores a person's actual position and substitutes a distorted, exaggerated or misrepresented version of that position. This sort of "reasoning" has the following pattern:

Person A has position X.
Person B presents position Y (which is a distorted version of X).
Person B attacks position Y.
Therefore X is false/incorrect/flawed.

This sort of "reasoning" is fallacious because attacking a distorted version of a position simply does not constitute an attack on the position itself. One might as well expect an attack on a poor drawing of a person to hurt the person.

More at the Nizkor Project

Fallacy of the Day - Poisoning the Well

Poisoning the Well

This sort of "reasoning" involves trying to discredit what a person might later claim by presenting unfavorable information (be it true or false) about the person. This "argument" has the following form:

1. Unfavorable information (be it true or false) about person A is presented.
2. Therefore any claims person A makes will be false.

This sort of "reasoning" is obviously fallacious. The person making such an attack is hoping that the unfavorable information will bias listeners against the person in question and hence that they will reject any claims he might make. However, merely presenting unfavorable information about a person (even if it is true) hardly counts as evidence against the claims he/she might make. This is especially clear when Poisoning the Well is looked at as a form of ad Homimem in which the attack is made prior to the person even making the claim or claims.

Example: A mentally ill man is trying to tell you about a murderer a pedophile and a rapist. Don't listen to him. Only a crazy man would try to talk about murder, pedophilia and rape.

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Fallacy of the Day - Argumentum ad numerum

Argumentum ad numerum (argument or appeal to numbers). This fallacy is the attempt to prove something by showing how many people think that it's true. But no matter how many people believe something, that doesn't necessarily make it true or right.

Example: "Why do you want to ban...or, I'm sorry....because in reality you're not banning...you're book burning...but why do do you want to take away from 600,000 people, a magazine they enjoy reading?" <sup>*

*</sup>Bob Beierle, Creative Insight. Our Town Magazine Warren County Edition - Issue #19, September 8, 2010. Copyright (c) 2010 <sup>**

**</sup>The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” More...