Academic

Walton on Burdens of Proof & Metadialogue Theory

By Lawrence Solum

Douglas Walton (University of Windsor) has posted Metadialogues for Resolving Burden of Proof Disputes on SSRN. Here is the abstract:

Three classic cases of burden of proof disputes are analyzed, showing how metadialogue theory can solve the problems they pose. The solution is based on five dialectical requirements: (1) global burden of proof needs to be set at the confrontation stage of a dialogue, (2) there need to be special mechanisms for resolving disputes about burden of proof at all four stages of the dialogue, (3) they are especially significant during the argumentation stage, where burden of proof often shifts back and forth at each move, (4) such local shifts need to be partly regulated by the global burden of proof already set, and (5) the connection between burden of proof and the speech act of making a presumption in a dialogue needs to be clarified.

Full post as published by Legal Theory Blog on March 02, 2011 (boomark / email).