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Updated: June 14, 2025
The interpolation hypothesis, as I said, is easily advanced, but the onus probandi must needs lie heavily against it.
It is not for me to prove the fallacy of the Single Tax theory the onus probandi rests with its apostles, and they but saltate from mistaken premises to ridiculous conclusions. Like the German metaphysicians, they are abstract reasoners who do not trouble themselves about conditions.
Shall we say that a baby can do all these things at once, doing them so well and so regularly, without being even able to direct its attention to them, and without mistake, and at the same time not know how to do them, and never have done them before? Such an assertion would be a contradiction to the whole experience of mankind. Surely the onus probandi must rest with him who makes it.
"The Neanderthal cranium has certainly not undergone compression, and, in reply to the suggestion that the skull is that of an idiot, it may be urged that the onus probandi lies with those who adopt the hypothesis.
"Why shouldn't we desert the Picnic and go in some other direction?" she suddenly suggested. "A party of four is surely self-sufficing? And as for food, our hamper " "Why shouldn't we? What a genuine lady's argument!" laughed Arthur. "A lady never knows on which side the onus probandi the burden of proving lies!" "Do men always know?" she asked with a pretty assumption of meek docility.
"But how about the legality of the Fleet marriage?" "There's the rub. Before the New Marriage Act passed in 1753 a Fleet marriage was indissoluble. It was an illegal act, and the parties were punishable; but the Gordian knot was quite as secure as if it had been tied in the most orthodox manner. The great difficulty to my mind was the onus probandi.
I never supposed it possible to acquire by prescription 'a fee simple in an injustice. Only, if in any particular instance it be suspected that property has been acquired by force, fraud, or robbery, I contend that the onus probandi lies on him who raises the question. It is for him to show, if he can, that a commercial fortune has, as Mr.
Now the first remark which occurs is an obvious one, and, we suppose, will be suffered to pass without much opposition, that whatever be the intrinsic merits of Private Judgment, yet, if it at all exerts itself in the direction of proselytism and conversion, a certain onus probandi lies upon it, and it must show cause why it should be tolerated, and not rather treated as a breach of the peace, and silenced instanter as a mere disturber of the existing constitution of things.
Assuredly there is a strong presumption in its favour, and the onus probandi, in our own day, lies with those who deny its claims to acceptance. Whether however the Bible actually is, or contains a revelation from God is still a fair subject for reverent examination.
Leave the masters under this general understanding to teach freely; if there in ground of complaint, let it be made, but leave the onus probandi on the objectors. For extreme peculiarities of belief or unbelief there is the Conscience Clause; as to the mass of parents, they will be more anxious to have religion taught than afraid of its assuming this or that particular shade.
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