Includes: Appeal to Ignorance ("Ad Ignorantiam")
The burden of proof is always on the person asserting something. Shifting the burden of proof, a special case of Argumentum ad Ignorantiam, is the fallacy of putting the burden of proof on the person who denies or questions the assertion. The source of the fallacy is the assumption that something is true unless proven otherwise.
Burden of Proof is a fallacy in which the burden of proof is placed on the wrong side. Another version occurs when a lack of evidence for side A is taken to be evidence for side B in cases in which the burden of proof actually rests on side B. A common name for this is an Appeal to Ignorance. This sort of reasoning typically has the following form:
Claim X is presented by side A and the burden of proof actually rests on
In many situations, one side has the burden of proof resting on it. This side is obligated to provide evidence for its position. The claim of the other side, the one that does not bear the burden of proof, is assumed to be true unless proven otherwise. The difficulty in such cases is determining which side, if any, the burden of proof rests on. In many cases, settling this issue can be a matter of significant debate. In some cases the burden of proof is set by the situation. For example, in American law a person is assumed to be innocent until proven guilty (hence the burden of proof is on the prosecution). As another example, in debate the burden of proof is placed on the affirmative team. As a final example, in most cases the burden of proof rests on those who claim something exists (such as Bigfoot, psychic powers, universals, and sense data).
Arguments of this form assume that since something has not been proven false, it is therefore true. Conversely, such an argument may assume that since something has not been proven true, it is therefore false. (This is a special case of a false dilemma, since it assumes that all propositions must ether be known to be true or known to be false.) "Lack of proof is not proof."
The fallacy occurs when it's argued that something must be true, simply because it hasn't been proved false. Or, equivalently, when it is argued that something must be false because it hasn't been proved true.
(Note that this isn't the same as assuming something is false until
it has been proved true. In law, for example, you're generally assumed innocent
until proven guilty.)
Bill: "I think that we should invest more money in expanding the
Jill: "What is your proof?"
Bill: "No one has been able to prove that people do not have psychic powers." "You cannot prove that God does not exist, so He does."
cannot prove that ghosts do not exist, they must exist.
"Of course the Bible is true. Nobody can prove otherwise."
"Of course telepathy and other psychic phenomena do not exist. Nobody has shown any proof that they are real."
In scientific investigation, if it is known that an event would produce certain evidence of its having occurred, the absence of such evidence can validly be used to infer that the event didn't occur. It does not prove it with certainty, however.
"A flood as described in the Bible would require an enormous volume of water to be present on the earth. The earth doesn't have a tenth as much water, even if we count that which is frozen into ice at the poles. Therefore no such flood occurred."
It is, of course, possible that some unknown process occurred to remove the water. Good science would then demand a plausible testable theory to explain how it vanished.
Of course, the history of science is full of logically valid bad predictions. In 1893, the Royal Academy of Science were convinced by Sir Robert Ball that communication with the planet Mars was a physical impossibility, because it would require a flag as large as Ireland, which it would be impossible to wave. [Fortean Times Number 82.]
"OK, so if you don't think the grey aliens have gained control of the US
government, can you prove it?"
Identify the proposition in question. Argue
that it may be true even though we don't know whether it is or