5 ms·

The idea that this had to be argued in a court of law is absolutely ridiculous.

sverige 10y ago
That Doig had to prove a negative is really awful too. It's hard to prove a negative in a court of law, and usually judges stop that crap very early in a case. Amazed it took this long.
- dragonwriter 10y ago
  > That Doig had to prove a negative is really awful too. It's hard to prove a negative in a court of law Not really. All that it means to "prove a negative" in this kind of a case (a civil case where the standard is "preponderance of the evidence") is that you have to bring sufficient evidence that the trier of fact (jury or judge, as the case may be) finds that the claims that the other party is making are less likely true than the alternative claims that you are making. It isn't "proof" to a high degree of certainty.
  - sverige 10y ago
    True, but usually the onus is on plaintiff to demonstrate the affirmative. The prison guard's story was very weak in demonstrating that "famous artist" Peter Doig was the same as "unknown prison artist" Pete Doige, especially given that Peter Doig had no incentive for disavowing a work he had already sold. "Embarrassment" caused by imprisonment or drug use are hardly motivators for artists. Some use those kinds of things as career enhancers.
    - dragonwriter 10y ago
      > True, but usually the onus is on plaintiff to demonstrate the affirmative. As it was here. The thing is any evidence (however weak) that a claim is true, if uncountered, can suffice for proof by a preponderance of the evidence for the claim. So, it doesn't take strong evidence to create some burden for the defense to disprove the plaintiffs claim, but the degree of proof necessary is set by the strength of the plaintiff's evidence, since the standard is preponderance of the evidence.
  - psykpsyk 10y ago
    What kind of a sick system is that? Where I live, and in most of Europe, I think, the burden of proof lies with the accuser, not the accused. Common law is stupid...
- JustSomeNobody 10y ago
  I don't get this either. The burden of proof should not be on Doig.

That Doig had to prove a negative is really awful too. It's hard to prove a negative in a court of law, and usually judges stop that crap very early in a case. Amazed it took this long.

dragonwriter 10y ago
> That Doig had to prove a negative is really awful too. It's hard to prove a negative in a court of law Not really. All that it means to "prove a negative" in this kind of a case (a civil case where the standard is "preponderance of the evidence") is that you have to bring sufficient evidence that the trier of fact (jury or judge, as the case may be) finds that the claims that the other party is making are less likely true than the alternative claims that you are making. It isn't "proof" to a high degree of certainty.
- sverige 10y ago
  True, but usually the onus is on plaintiff to demonstrate the affirmative. The prison guard's story was very weak in demonstrating that "famous artist" Peter Doig was the same as "unknown prison artist" Pete Doige, especially given that Peter Doig had no incentive for disavowing a work he had already sold. "Embarrassment" caused by imprisonment or drug use are hardly motivators for artists. Some use those kinds of things as career enhancers.
  - dragonwriter 10y ago
    > True, but usually the onus is on plaintiff to demonstrate the affirmative. As it was here. The thing is any evidence (however weak) that a claim is true, if uncountered, can suffice for proof by a preponderance of the evidence for the claim. So, it doesn't take strong evidence to create some burden for the defense to disprove the plaintiffs claim, but the degree of proof necessary is set by the strength of the plaintiff's evidence, since the standard is preponderance of the evidence.
- psykpsyk 10y ago
  What kind of a sick system is that? Where I live, and in most of Europe, I think, the burden of proof lies with the accuser, not the accused. Common law is stupid...
JustSomeNobody 10y ago
I don't get this either. The burden of proof should not be on Doig.