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Concept

Burden of proof (law)

Overview

in law, the obligation on a party in a trial to produce evidence

Overview adapted from Wikipedia (CC BY-SA 4.0; see the article history for authors).

Possible passages

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  1. This is ascertained by examining whether the case possesses the marks by which, as those authorities have signified, the cases which they meant to certify or to influence may be known. The object of the inquiry is to make out the witness's or the legislator's intention, through the indication given by their words. This is a question, as the Germans express it, of hermeneutics. The operation is not a process of…

    John Stuart Mill, A System of Logic

    Close in meaning to Burden of proof; the term itself is not named.

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  2. In still further answer to the objection, it may be added that—even when the test has been applied, and the sufficiency of the evidence recognized—if it is sufficient to support the general proposition, it is sufficient also to support an inference from particulars to particulars without passing through the general proposition. The inquirer who has logically satisfied himself that the conditions of legitimate…

    John Stuart Mill, A System of Logic, Ratiocinative and Inductive

    Close in meaning to Burden of proof; the term itself is not named.

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  3. By Aristotle's time the interest was not so much in the existence of standards of decision in cases of doubt and dispute as in the technique of their use. The judge was firmly seated on the bench. The parties in controversy recognized his jurisdiction, and their respective claims were submitted for adjudicature. The need was for rules of procedure by which the judge might, in an obvious and impartial way, bring the…

    John Dewey, Essays in Experimental Logic

    Close in meaning to Burden of proof; the term itself is not named.

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Related ideas

Place in the tradition

Part of Outline of epistemology.

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