Burden of Proof
This fallacy originates from the Latin phrase "onus probandi incumbit ei qui dicit, non ei qui negat"). The burden of proof is on the person who makes the claim, not on the person who denies (or questions) the claim. The fallacy of the Burden of Proof occurs when someone who is making a claim, puts the burden of proof on another party to disprove what they are claiming.
Example of Burden of Proof
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Ellis: "I believe that fairies exists."
Marty: "How can you prove it?
Ellis: "I don't have to, if you can't prove that fairies don't exist."
This type of argument puts the burden of proof on the other person. - An employee claims harassment without proof, and argues that the employer cannot prove that she was not harassed.
The employer has no way of disproving that the employee did not get harassed.
Alternative Name: Onus Probandi
Books About Logical Fallacies
A few books to help you get a real handle on logical fallacies.
Burden of ProofExtended Explanation
The Burden of Proof fallacy is a logical fallacy where one party in an argument attempts to shift the burden of proof onto the other party. This fallacy is often used as an attempt to avoid having to provide evidence or logical reasoning to support their own claims or positions. By requiring the other party to provide proof, the party making the argument can avoid having to provide their own.
The Burden of Proof fallacy is based on the idea that the burden of proof rests with the person making a claim. This means that if someone makes a claim, they must provide evidence to support it. However, in the case of the Burden of Proof fallacy, the person making the claim shifts the burden of proof onto the other party. This is done in an attempt to avoid having to provide evidence for their own position.
In order for the Burden of Proof fallacy to be committed, the person making the argument must be attempting to shift the burden of proof without providing any evidence of their own. If the person making the argument provides evidence to support their claim, then the fallacy has not been committed. For example, if someone makes the claim that “aliens exist” and then provides evidence to support this claim, then they have not committed the Burden of Proof fallacy.
The Burden of Proof fallacy is often used in debates and other discussions in an attempt to avoid having to provide evidence or logical reasoning to support their own claims or positions. It is important to be aware of this fallacy and to recognize when someone is attempting to use it. This can help to ensure that arguments are based on evidence and logical reasoning, rather than attempting to shift the burden of proof onto the other party.