Burden of Proof in Philosophy: Lessons From Law via Schauer

Abstract

Philosophy needs a methodology, including rules about burden of proof, in order to resolve many of its classic issues. Law might seem to provide a helpful model for assigning burdens of proof. However, candidate rules that distribute burden of proof according to form, degree of belief, and consequences all fail to help when inspected closely. This gap makes it difficult to see how to resolve many of the most important philosophical issues.