Burden of Proof: A Complete Guide

Tristan Van der Wereld

Apr 5 • ❓ Ask & Apply

1. What is Burden of Proof?

The burden of proof refers to the obligation to provide evidence to support a claim. It determines:

Who must prove an assertion
What standard of evidence is required
What happens if proof is insufficient

Key Principle:"The one who makes the claim must prove it."

2. Who Bears the Burden of Proof in an Argument?

The claimant (person making the assertion) always holds the initial burden.
Example: If Person A says "Ghosts exist," Person A must provide evidence – not Person B to disprove it.

Exceptions:

In legal contexts, the prosecution bears the burden in criminal cases.
In some philosophical debates (e.g., atheism vs. theism), the burden may shift based on the claim’s nature.

3. Is It Ever OK to Shift the Burden of Proof?

No – shifting it improperly is a logical fallacy ("Shifting the Burden of Proof").

Valid: "I’ve provided three studies supporting my view. Can you show counter-evidence?"
Fallacious: "You can’t disprove my theory, so it must be true!"

When Shifting Is Valid:

In courts, if the defense raises an affirmative defense (e.g., "I acted in self-defense").
In science, when new evidence overturns an established theory.

4. Common Burden of Proof Mistakes

Refer to attached image.

5. Can We Prove Non-Existence?

1. The Default Position:

In logic and science, we begin with non-belief (not belief in non-existence)
The baseline assumption is always absence of X until demonstrated

2. Two Types of Non-Existence Claims:

Absolute universal claims ("Bigfoot doesn't exist anywhere in the universe") - essentially impossible to prove
Bounded negative claims ("No living dinosaurs exist on Earth today") - provable through exhaustive search

3. How to Responsibly Claim Non-Existence:A claimant can:

a) Shift to falsifiability: "If X existed, we would see Y evidence. We don't see Y."

Example: "If there were a planet between Earth and Venus, our telescopes would detect it"

b) Demonstrate exhaustive search: "We've looked everywhere X could reasonably be and found nothing"

Example: "No credible evidence of phlogiston exists after 300 years of chemistry research"

c) Show logical impossibility: "X cannot exist because it contradicts established facts"

Example: "A square circle cannot exist by definition"

4. Practical Standards by Field:

FieldStandard for Non-ExistenceScience - "No evidence after exhaustive search within defined parameters"

Law - "No verifiable evidence meeting legal standards"

Philosophy - "Concept is logically incoherent"

Everyday Life - "No reliable documentation or observable traces"

5. The Mistake to Avoid:

Confusing "X doesn't exist" (positive claim) with "There's no reason to believe X exists" (default position). The latter carries no burden of proof.

Key Insight: Negative claims are only meaningful when bounded by time, space, or definition. Absolute negatives ("prove God doesn't exist") are linguistic traps, not legitimate claims. The proper formulation is: "No evidence warrants belief in X." This shifts the burden back where it belongs - to those making existence claims.

Key Takeaways:

Burden of proof lies with the claimant – don’t let others shift it to you.
Shifting the burden is a fallacy unless justified (e.g., legal defenses).
Proving non-existence is often impossible, but lack of evidence can be meaningful.
Avoid common mistakes like demanding disproval or conflating uncertainty with falsehood.

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