Conceptio › Archive › PhilArchive
PhilArchive open access

On the Logical Asymmetry of the Burden of Proof

Skarbek, Mateusz
PhilArchive · Papers
Open Source ↗
philosophy
The burden of proof is widely used in argumentation theory, philosophy of science, and legal reasoning, but its logical basis is often left unclear. It is commonly treated as a dialogical rule, a procedural convention, or a norm of fair debate. Such approaches explain how the burden of proof operates within particular contexts, but they do not explain why it must be allocated asymmetrically in the first place. This paper argues that the asymmetry follows from a simple logical relation between claims, independent of dialogical, procedural, or pragmatic considerations. When one claim is logically stronger than another—by entailing it without being entailed in return—it im- poses additional restrictions on what may be accepted. Accepting these restrictions without justification is therefore logically arbitrary. From this relation it follows that the burden of proof must rest on the logically stronger claim. This result is not proposed as a norm of debate or a procedural rule, but as a minimal logical constraint on non-arbitrary reasoning. Making this constraint explicit helps to clarify why disputes over the burden of proof recur across different domains and why attempts to reverse the burden typically lead to stalemate.
Conceptio Open Archive

Analyze & explore related research in Conceptio

Connect this record directly into your research workflow or AI agent. Explore citations across open repositories, query full text, and export structured proof bundles.

This document is indexed with metadata only: full text is not available in the archive for this record. Open the official source ↗

Related documents

Record · ID 167438
Retrieved via Conceptio: every document is proof-bundled with source, license, and retrieval metadata.
Bring this data into your agent: Connect via MCP or API · 20 free credits to start · no card required
Read the Docs → · View CLI source on GitHub · Conceptio Open Knowledge Archive