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Record W2489273056 · doi:10.1017/cbo9781107110311.002

Burdens of Proof in Legal Reasoning

2014· book-chapter· en· W2489273056 on OpenAlexaff
Douglas Walton

Bibliographic record

VenueCambridge University Press eBooks · 2014
Typebook-chapter
Languageen
FieldSocial Sciences
TopicJudicial and Constitutional Studies
Canadian institutionsUniversity of Windsor
Fundersnot available
KeywordsBurden of proofComputer sciencePolitical scienceLaw

Abstract

fetched live from OpenAlex

In law, there is a fundamental distinction between two main types of burden of proof (Prakken and Sartor, 2009). One is the setting of the global burden of proof before the trial begins, which is called the burden of persuasion. It does not change during the argumentation stage, and it is the device used to determine which side has won at the closing stage. The other is the local setting of burden of proof at the argumentation stage, often called the burden of production (or the evidential burden, or the burden of going forward with evidence) in law. This burden can shift back and forth as the argumentation proceeds. For example, if one side puts forward a strong argument, the other side must meet the local burden to respond to that argument by criticizing or presenting a counterargument, or otherwise the strong argument will hold, and it will fulfill the burden of persuasion of its proponent unless the respondent puts forward an equally strong objection or counterargument. Otherwise the respondent will lose the trial at that point, and the judge can declare that the trial is over. According to Williams (2003, 166), considerable confusion has arisen from a failure to distinguish between two distinct kinds of burdens of proof, especially by appeal courts who discuss questions of burden of proof without making it clear whether they are talking about burden of persuasion or evidential burden. Recent ground-breaking work in AI shows great promise for helping law to work toward a more systematic conceptual grasp of the notion of burden of proof by seeing how to model it in a precise way.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.012
metaresearch head score (Gemma)0.025
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.012
Threshold uncertainty score0.078

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0120.025
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.003
Science and technology studies0.0050.039
Scholarly communication0.0120.020
Open science0.0030.006
Research integrity0.0060.011
Insufficient payload (model declined to judge)0.0120.003

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.023
GPT teacher head0.226
Teacher spread0.203 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2014
Admission routes1
Has abstractyes

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Same venueCambridge University Press eBooks→Same topicJudicial and Constitutional Studies→French-language works237,207→