More on Presumptions and Burdens of Proof
نویسندگان
چکیده
This paper extends our previous logical analysis of presumptions and burden of proof by studying the force of a presumption once counterevidence has been offered. In the jurisprudential literature different accounts of this issue have been given: some have argued that a presumption is nullified by counterarguments while others have maintained that this gives presumptions a force that is too slight. We argue that these differences largely are not a matter of logic but of legal policy, and we show how the various accounts can be logically formalised.
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Presumptions and Burdens of Proof
This paper studies the logical modelling of presumptions and their effects on the burden of proof. Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction between the burden of production, the burden of persuasion and the tactical burden of proof. These notions are logically characterised in such a way that presumptions enable a pa...
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Burden of Proof, Presumption and Argumentation
The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artifi cial intelligence has built precise formal and computational systems to represent this kind of rea...
متن کاملA Logical Analysis of Burdens of Proof
The legal concept of burden of proof is notoriously complex and ambiguous. Various kinds of burdens of proof have been distinguished, such as the burden of persuasion, burden of production and tactical burden of proof, and these notions have been described by different scholars in different ways. They have also been linked in various ways with notions like presumptions, standards of proof, and ...
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This paper studies the logical modelling of presumptions and their effects on the burden of proof. Presumptions are modelled as default rules and their effect on the burden of proof is defined in terms of a distinction between the burden of production, the burden of persuasion and the tactical burden of proof. These notions are logically characterised in such a way that presumptions enable a pa...
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