Discussion (1L): Burdens of Proof in Law, in Science, and in Social Discourse

Catalog description

In law, the burden of proof specifies which party must provide evidence to support their claim (the burden of production) as well as the amount of evidence required for them to prevail (the burden of persuasion). In this seminar, we will start by examining the logic of the burden of proof as well as the effectiveness of its implementation. We will then apply the same concepts to disputes in the natural and social sciences, and in political argumentation and social discourse. Descriptively, we will examine whether participants in these domains impose similar burdens of proof on one side of a debate, either explicitly or implicitly. Normatively, we will examine whether one side should bear a greater burden of proof, and whether and how such burdens of proof might get implemented outside a courtroom setting. We will consider a variety of case studies and examine moderating factors such as the status quo, legal rights, asymmetries of power, error tradeoffs, the need for closure, and various criteria for distributive and/or procedural fairness. Elements used in grading: Full attendance, reading of assigned materials, and active participation.