Onus probandi

About that burden of proof thing…

The burden of proof (Latinonus probandi, shortened from Onus probandi incumbit ei qui dicit, non ei qui negat) is the obligation on a party in a dispute to provide sufficient warrant for its position.

When two parties are in a discussion and one makes a claim that the other disputes, the one who makes the claim typically has a burden of proof to justify or substantiate that claim especially when it challenges a perceived status quo.

This is also stated in Hitchens’s razor, which declares that “what may be asserted without evidence, may be dismissed without evidence.” Carl Sagan proposed a related criterion – “extraordinary claims require extraordinary evidence” – which is known as the Sagan standard.

The perceived status quo is that men have to stay out of women’s sports for much the same reason men must not punch women. It’s also much the same reason adults should not batter children and people should not batter puppies. You could call it the “pick on someone your own size” rule or standard or status quo. You could sum it up, however repetitively, as people should not take advantage of a physical advantage.

It seems like a pretty reliable status quo. There are exceptions, I suppose – if a small feeble person is about to open fire on a crowd then a big strong person should intervene. But as a broad, general status quo rule? I think it’s solid.

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