athletes would have been on those who declared that the game must be
changed; with college faculties and men of like mind the burden of proof
would have been on those who defended the old game. In each case that
comes up, you cannot place the burden of proof until you know whether
the people you are trying to convince have any prepossessions in the
matter: if they have, the burden of proof is on him who attempts to
change those prepossessions; if they have not, the burden is on him who
is proposing to change existing views or existing policies.

In no case, however, with a popular audience is it very safe to depend
much on the burden of proof; almost always it is better to jump in and
actively build up the argument on your own side. In argument, as in
strategy, take the offensive whenever you can.

* * * * *

Notebook. Note whether the burden of proof is with you or against
you, taking into account the probable prepossessions of the audience you
have selected.

* * * * *

Illustration. In the argument for the introduction of the
commission form of government into Wytown the burden of proof is on the
affirmative to show that the Des Moines plan of city government will
cure the evils of the present government of Wytown. With the audience
assumed (see p. 43), there is no burden of proof on the affirmative to
establish the need of a change.

EXERCISES