In the second place, the burden of proof rests upon them to show that legal restrictions on the methods of science would not vitiate investigations, and would not, therefore, entail upon human beings greater suffering than would otherwise be inflicted upon animals ...

It is because The Outlook is convinced by overwhelming evidence that the practice of vivisection has not increased suffering but has rather widened immeasurably the merciful ministrations of medicine and surgery that it regards as dangerous unintelligent interference with vivisection, and urges the maintenance of the principle underlying the present New York law.

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So with other questions of policy, the burden of proof would be on any one who proposed a change from a policy long established, such as free trade in England, and to a less extent protection in this country, the elective system in many American colleges, the amateur rule in school and college athletics.

Always, one must remember that the burden of proof depends on the prepossessions of the audience, and that on the same question it may change within a moderately small number of years.  Ten years ago, on the question of the popular election of senators the burden was clearly on the side of those who advocated a change in the Constitution.  By this time (1912) the burden of proof has for a majority of the people of the United States probably swung to the other side.  In the state of Maine, where prohibition had been embodied in the state constitution for a generation, the burden of proof was on those who in 1911 argued for its repeal; whereas in Massachusetts, which has done well for many years with local option and high license, the burden would still be on those who should argue for state prohibition.  In the discussions of the game of football a few years ago the burden of proof before an audience of 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.

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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.

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