The Roman tradition of Ei incumbit probatio qui dicit, non qui negat (“Proof is incumbent upon him who asserts, not on him who denies”) must be deconstructed. We’ve relied on this model since at least the 6th century. It has been the basis for the “presumption of innocence” or “innocent until proven guilty” model that is currently in question by the mainstream.
I think it is proper that we question it.
However, it is not enough to simply question it. If all we do is question it then we leave it to somebody else to provide the answer. So, lets deconstruct it a little bit. The first clause states that it is the one who affirms something who bears the responsibility of defending that proposition, and the second clause states that it is not him who denies the allegation.
Thus, it is improper to begin with the assumption that those who are charged with something are guilty. It is much rather proper to assert that those who are making a claim against somebody hold the burden of proof. No doubt, this produces all kinds of injustices in the world. Yet, it has been our model for centuries.
I was once in an anarchist collective that relied on consensus decision making. We explicitly did not make use of Roman logic. As a consequence, we found collective decision-making quite arbitrary – or, at least, some of us noticed that there were some people in the collective who discovered how to abuse the system. The following occurred regularly:
Proposal: George proposes that we add non-vegan muffins to stock.
Rejections: 7 collective members.
Decision: We do not serve non-vegan muffins. Decision was blocked.
This decision is based on the logic that if just one person negates, then the decision is blocked. All is well at this point, and justice seems to be served. However:
Proposal: George proposes that we DO NOT add non-vegan muffins to our product list.
Rejections: 1 collective member rejects, the proposer.
Decision: We DO serve non-vegan muffins.
You can see the logical problem. In both cases, a proposal can be made to pass if constructed either negatively or positively. As the size of the group grows, the probability of situation #2 happening increases.
However, if our collective had made a decision to not allow NEGATIVE proposals then we would have constructed a logic that could defend itself against this sort of abuse. The same happens when we favor an inverted version of Roman logic: “Proof is NOT incumbent upon him who asserts, but on him who denies.”)
This leaves open the question of what constitutes a proof. Certainly, I am of the opinion that a proof does not need to be sanctioned by the state, police, or judicial system for it to be a proof. Many things can count as proofs. The debate about what constitutes a proof is an important one. But before we can have the more important discussion we need to be sure we are not defenders of a logic which places the burden of proof on those against whom a charge has been brought.