Argument from silence
An argument from silence (in Latin argumentum a silentio) is a conclusion drawn based on the absence of statements in historical documents; rather than their presence. In the field of classical studies, it often refers to the deduction from the lack of references to a subject in the available writings of an author to the conclusion that he was ignorant of it.
Thus in historical analysis with an argument from silence, the absence of a reference to an event or a document is used to cast doubt on the event not mentioned. While most historical approaches rely on what an author's works contain, an argument from silence relies on what the book or document does not contain. This approach thus uses what an author "should have said" rather than what is available in the author's extant writings.
An argument from silence may apply to a document only if the author was expected to have the information, was intending to giving a complete account of the situation and the item was important enough and interesting enough to deserve to be mentioned at the time.
Arguments from silence, based on a writer's failure to mention an event, are distinct from arguments from ignorance which rely on a total "absence of evidence" and are widely considered unreliable; however arguments from silence themselves are also generally viewed as rather weak in many cases; or considered as fallacies.
Historical analysis 
Structure of the argument 
- An extant document D in which no reference to an event E appears.
- It is known that the intention of the author of document D was to provide an exhaustive list of all the events in the class of events to which E belongs
- Event E is assumed to be a type of event which the author of D would not have overlooked, had the event taken place.
The applicability of these three conditions is decided on a case by case basis, and there are no general dialectical rules for them, except the historian's expertise in evaluating the situation. In Lange's analysis, an argument from silence is only suggestive and never logically conclusive.
Professors of history Martha Howell and Walter Prevenier thus state that an argument from silence can act as presumptive evidence only if the person failing to mention the information was in a position to have the information, and was purporting to be giving a complete account of the story in question. Howell and Prevenier state that arguments from silence face the difficulty that a historian can not just assume that an author would have recorded the fact in question; for if the fact did not seem important enough to an author it would have been excluded.
Professor of English Michael Duncan states that there are very few scholarly analyses of arguments from silence; but these typically view it as fallacious. Duncan adds that arguments from silence are not mentioned in Aristotle's Sophistical Refutations or Hamblin's book Fallacies, but both of these texts discuss the somewhat similar case of argument from ignorance. Errietta Bissa, professor of Classics at University of Wales flatly state that arguments from silence are not valid. David Henige states that, although risky, such arguments can at times shed light on historical events.
Author's interest 
The importance of an event to contemporary author plays a role in the decision to mention it, and historian Krishnaji Chitnis states that for an argument from silence to apply, it must be of interest and significance to the person expected to be recording it, else it may be ignored; e.g. while later historians have lauded the Magna Carta as a great national document, contemporary authors did not even record a word about its greatness for to them it was a feudal document of low significance, among several other seemingly similar items.
Classicist Timothy Barnes notes that the low level of interest in and awareness of Christians within the Roman Empire at the turn of the first century resulted in the lack of any discernible mention of them by Roman authors such as Martial and Juvenal, although Christians had been present in Rome since the reign of Claudius (41 to 54 AD) and both authors referred to Judaism. Theologian Peter Lampe states that during the first two centuries, the silence of Roman sources on Christians in Rome may be partly due to the fact that Christians often kept to themselves and did not reveal their identities.
Convincing applications 
An example of a convincing application is that while the editors of Yerushalmi and Bavli mention the other community, most scholars believe these documents were written independently; and Louis Jacobs writes, "If the editors of either had had access to an actual text of the other, it is inconceivable that they would not have mentioned this. Here the argument from silence is very convincing."
Sometimes the silence of multiple sources may have a probative value that sheds light on the historical circumstance, for instance Jacob Neusner states that an argument from silence regarding the absence of an Exilarch sheds light on the relationship between Jews and the Parthian administration in Babylonia.
An example of a convincing application is the silence of Cicero on works of oratory by Cato; the argument gaining its strength from the fact that Cato was such an important figure in Cicero's Brutus and he would have likely been cited if possible. Although Cicero's silence on Cato is a convincing argument from silence, the same strength does not apply to Cicero's silence on the questorship of Caelius, Michael Alexander stating that a number of factors may have precluded Cicero from mentioning it.
Failed applications 
Yifa has pointed out the perils of arguments from silence, in that the lack of references to a compilation of a set of monastic codes by contemporaries or even by disciples does not mean that it never existed. This is well as illustrated by the case of Changlu Zongze's "Rules of purity" which he wrote for the Chan monastery in 1103. One of his contemporaries wrote a preface to a collection of his writings neglected to mention his code. And none of his biographies nor the documents of the Transmission of the Lamp, nor the Pure Land documents (which exalt him) refer to Zongze's collection of a monastic code. However a copy of the code in which the author identifies himself exists.
Historian Pierre Briant points out that the recent discovery of a customs memorandum from Egypt which dates to the time of Xerxes and records the registration and taxation of ships overrides previous reasonings about the type of commercial prosperity associated with Sidon based on the relative silence in texts about roads and is a reminder of the dangers of any argument from silence.
Frances Wood based her controversial book Did Marco Polo go to China? on arguments from silence. Woods argued that Marco Polo never went to China and fabricated his accounts because he failed to mention elements from the visual landscape such as tea, did not record the Great Wall and neglected to record practices such as foot-binding. She argued that no outsider could spend 15 years in China and not observe and record these elements. Most historians disagree with Wood's reasoning.
Professors of philosophy Sven Bernecker and Duncan Pritchard state that arguments from silence are generally weak and can go astray in many cases, and point to examples such as Marco Polo's neglect of the Wall of China, and Pliny the Younger's silence on the destruction of Pompei and Herculaneum when he discusses the 79 AD eruption of Vesuvius in detail in his letters.
Use with caution 
Some historians note the general dangers of arguing from silence, but use them in specific cases as indications of levels of professional activity within medieval communities, e.g. historian John E. Law states that while arguing from silence is always dangerous, one may use it as an indication of the low level of local military employment in Camerino for the Da Varano in the middle ages. Similarly, historian Patricia Skinner states that after accounting for the dangers of arguments from silence they may provide an indication of the scarcity of females within the medical prefession in medieval southern Italy. Historian James Amelang has pointed out that although the autobiographies of early medieval artisans are surprisingly silent on issues regarding their trade and craft, arguing from silence includes hazards in that historians may be assigning weight to past significance in view of modern emphasis.
Barrie J. Cook, the British Museum European coin curator, notes the risks of arguing from silence, yet states that they may shed light on the medieval propensity of the usage of the French denier from Le Mans versus the Angevine.
Greg Walker, professor Rhetoric and English, states that during the reign of Henry VIII, the lack of references to named plays by Nicholas Udall (e.g. the Respublica) do not necessarily support their not having been performed at court; given other evidence such as payment warrants issued to Udall for performance masks.
Legal aspects 
Jed Rubenfeld, professor of Law at Yale Law School, has shown an example of the difficulty in applying arguments from silence in constitutional law, stating that although arguments from silence can be used to draw conclusions about the intent of the Framers of the US Constitution, their application can lead to two different conclusions and hence they can not be used to settle the issues.
In the context of Morocco's Truth Commission of 1999 regarding torture and secret detentions, Wu and Livescu state that the fact that someone remained silent is no proof of their ignorance about a specific piece of information. They point out that the absence of records about the torture of prisoners under the secret detention program is no proof that such detentions did not involve torture, or that some detentions did not take place.
See also 
- The Routledge Companion to Epistemology by Sven Bernecker and Duncan Pritchard (Dec 2, 2010) ISBN 0415962196 Routledge pages 64-65 "arguments from silence are, as a rule, quiet weak; there are many examples where reasoning from silence would lead us astray."
- "argumentum e silentio noun phrase" The Oxford Essential Dictionary of Foreign Terms in English. Ed. Jennifer Speake. Berkley Books, 1999.
- John Lange, The Argument from Silence, History and Theory, Vol. 5, No. 3 (1966), pp. 288-301 
- Seven Pillories of Wisdom by David R. Hall 1991 ISBN 0-86554-369-0 pages 55-56.
- Historical evidence and argument by David P. Henige 2005 ISBN 978-0-299-21410-4 page 176.
- From Reliable Sources: An Introduction to Historical Methods by Martha C. Howell and Walter Prevenier (Apr 26, 2001) ISBN 0801485606 Cornell University Press page 73-74 "Another difficulty with argument from silence is that historians cannot assume that an observer of a particular fact would have automatically recorded that fact. Authors observe all kinds of events but only record those that seem important to them."
- Research Methodology in History by Krishnaji Chitnis (Nov 27, 2006) ISBN 8171561217 page 56
- M. G. Duncan "The Curious Silence of the Dog and Paul of Tarsus; Revisiting The Argument from Silence" Informal Logic, Vol 32, No 1 (2012) pages 83-84 "Scholarly examinations of the Arguments From Silence (AFS) are extremely rare; when existent it is typically treated as a fallacy."
- M. G. Duncan "The Curious Silence of the Dog and Paul of Tarsus; Revisiting The Argument from Silence" Informal Logic, Vol 32, No 1 (2012) page 85
- From Reliable Sources: An Introduction to Historical Methods by Martha C. Howell and Walter Prevenier (Apr 26, 2001) ISBN 0801485606 Cornell University Press page 74
- Governmental intervention in foreign trade in archaïc and classical Greece by Errietta M. A. Bissa ISBN 90-04-17504-0 page 21: "This is a fundamental methodological issue on the validity of arguments from silence, where I wish to make my position clear: arguments from silence are not valid."
- Timothy Barnes "Pagan Perceptions of Christianity" in Early Christianity: Origins and Evolution to Ad 600 edited by Ian Hazlett et al (May 1991) ISBN 0687114446 page 232: "Most inhabitants of the Roman Empire in A.D. 100 were either unaware of or uninterested in the Christians in their midst. Even in Rome, where there had certainly been Christians since the reign of Claudius, the varied epigrams of Martial and the satires of Juvenal make no identifiable allusion to the new religion, though both authors deride Jews and Judaism."
- For the reign of Clausius see Aspects of Roman History by Mark Everson Davies 2010 ISBN 0415496942 page 79
- Christians at Rome in the First Two Centuries by Peter Lampe (Jun 1, 2006) ISBN 0826481027 pages 141-142: "It was not desirable, at least for the first two centuries, for the average Christian to advertise his or her Christianity openly... Seen in this manner, the silence of the evidence attests not only to the "plerique paupers." It also indicates how Christians wisely did not reveal their identity to every potential denunciator."
- "Talmud". A Concise Companion to the Jewish Religion. Louis Jacobs. Oxford University Press, 1999 page 261
- A History of the Jews in Babylonia: Vol. 1, The Parthian Period by Jacob Neusner 1984 ISBN 0891307389 pages 53-54 "It is admittedly an argument from silence, but in this case the silence is practically probative, because we have a story which gives a vivid picture of Jewish relations with the Parthian administration in Babylonia."
- The School of Rome: Latin Studies and the Origins of Liberal Education by W. Martin Bloomer (Apr 27, 2011) ISBN 0520255763 page 153
- The Case for the Prosecution in the Ciceronian Era by Michael Charles Alexander ISBN 0472112619 Univ of Michigan Press page 323 "The argument from silence is, as usual, treacherous. Cicero's failure to mention Caelius' questorship could have various explanations."
- The origins of Buddhist monastic codes in China by Yifa, Zongze 2002 ISBN 0-8248-2494-6 page 32.
- From Cyrus to Alexander: A History of the Persian Empire by Pierre Briant (Jul 29, 2006) ISBN 1575061201 Eisenbrauns page 804: "Only rarely are we (fleetingly) informed about commercial prosperity of the sort achieved by Sidon around the middle of the fourth century... The recent discovery of a customs memorandum from Egypt dating to the time of Xerxes reminds us of the dangers of any argument from silence." See page 385 regarding the customs document.
- For Pliny's letters see Reading the Letters of Pliny the Younger by Roy K. Gibson and Ruth Morello (Apr 23, 2012) ISBN 0521842921 Cambridge Univ Press page 110: (letter 6.16 narrates the eruption of the volcano and letter 6.20 the sequence of events) "By the standards of Pliny's letters, the two accounts are remarkably precise in terms of facts and figures."
- Mercenaries and Paid Men: The Mercenary Identity in the Middle Ages (Smithsonian History of Warfare) edited by John France (Jan 15, 2008) ISBN 9004164472 page 95 "it unlikely that military service was a major source of local employment, even if arguing from silence is always dangerous"
- Health and Medicine in Early Medieval Southern Italy by Patricia Skinner (Aug 1997) ISBN 9004103945 page 91: "It must be concluded therefre, that even taking into account the dangers of arguing from silence, early medieval southern Italy probably did not have very many female medical practitioners"
- The Flight of Icarus: Artisan Autobiography in Early Modern Europe by James S. Amelang (Nov 1998) ISBN 0804733406 Stanford University Press page 119 "Arguing from silence has its hazards. Historians run the risk of anachronism by investing significance in the absence in past documents of what is constantly talked about in the present."
- Coinage and History in the North Sea World, C. 500-1250 by Barrie Cook and Gareth Williams (23 Dec 2005) ISBN 9004147772 pages 653-654: "While arguing from silence is always risky, it does seem curious that the coinage was completely absent from both the 1140s Massay hoard (found near Bourges) and the 1150s Nogentle-Rotrou hoard"
- The Politics of Performance in Early Renaissance Drama by Greg Walker (10 Sep 1998) ISBN 0521563313 Cambridge Univ Press page 171 "Arguing from silence is always a hazardous undertaking, and in this case seems to fly in the face of the other known facts.... What, then, seems likely is that the Respublica was performed at court over Christmas in 1553."
- Jed Rubenfeld Rights of Passage: Majority Rule in Congress Duke Law Journal, 1996 Section B: Arguments from silence, "From this silence one can draw clear plausible inferences about the Framers' intent. The only difficulty is that one can draw two different inferences.... The truth is that the argument from silence is not dispositive".
- Human Rights, Suffering, and Aesthetics in Political Prison Literature by Yenna Wu, Simona Livescu 2011 ISBN 0-7391-6741-3 pages 86-90.