VampireSoap wrote...
KLF_uh_HUH_uh_HUH wrote...
Nitpick: "actual evidence", as you put it, is wider than that. There is more than one category of evidence. Insofar as you've resorted to legal principles and the Roman maxim that proof lies on him who asserts, not on he who denies, then you have to take account of the fact there is more than one form of evidence.
In particular, there is direct evidence, and there is circumstancial evidence.
Direct evidence would cover the three items you mentioned. It's similar to video footage of a murder, or an eyewitness account of that murder.
Circumstancial evidence can support a proposition even if it does not provide direct or positive proof of that proposition. In the case of a murder, for example, the accused's fingerprints found on the murder weapon, when connected with eyewitnesses that saw the accused in the area at the time of the murder -- these are all points of circumstancial evidence, but many cases point out that circumstancial evidence can certainly provide sufficient proof beyond reasonable doubt.
For the most part, the evidence offered in support of IT is circumstancial. Which does not remove its validity, although it's not as compelling as direct evidence, and indeed needs to contend with direct evidence to the contrary. And the absence of direct evidence, added to circumstancial evidence, can certainly come out in favour of the proposition which the circumstancial evidence support. BW has not said IT is invalid, as yet. That in itself is circumstancial evidence in support of IT.
I'm glad you acknowledge the fact that there is no direct evidence for IT. But do you also know that it is difficult to convict a person with circumstantial evidence alone? Especially when alternative explanations HAVE NOT BEEN RULED OUT. (and in your case, you've got tons of equally or more plausible explanations, good luck dismissing them all.)
I do know how difficult it is to convict a person on circumstancial evidence alone. Mostly because I've prevented it being done to some of my clients.
However, what you are doing right now is imposing a different burden of proof on people in favour of IT than is warranted by debate. The only scenario in which you must rule out every other alternative explanation is in a criminal proceeding, where the prosecution bears the onus of proof and must prove its theory
beyond a reasonable doubt to the exception of all other
reasonable explanations (not all
possible explanations). Indeed ruling out all other reasonable explanations implicitly is to conclude something beyond reasonable doubt.
But
criminal prosecutions are the
only type of proceeding where proof beyond reasonable doubt is required.
In
every other form of law, proof
on the balance of probabilities is all that is required to prove one's case. That is, one only has to be 51% sure, or be convinced that it's "
more likely than not" that a certain set of facts indicates a given conclusion.
I'm not sure why you're applying the criminal standard to what is not a criminal debate. I would guess you're doing that to make the standard too high for a few random keyboard jockeys to meet, which is rather disingenuous since even
Bioware itself would not have the benefit of a presumption of innocence and proof beyond reasonable doubt were it sued in a civil court for its "lies". Proof beyond reasonable doubt is an
artificially high standard of proof because as a society we generally want close to or absolute certainty before we start locking people up in jail.
I don't know if there is direct evidence for IT. I haven't reviewed all the material. But there is a lot of circumstancial evidence for it, and no direct evidence against it. I'd suggest to you in any court bar a criminal court, that would in most cases be enough to prove one's case.
Modifié par KLF_uh_HUH_uh_HUH, 03 mai 2012 - 03:53 .