More on Presumptions and Burdens of Proof

10 years 3 days ago
More on Presumptions and Burdens of Proof
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. Keywords. Evidence, burden of proof, presumptions, argumentation.
Henry Prakken, Giovanni Sartor
Added 29 Oct 2010
Updated 29 Oct 2010
Type Conference
Year 2008
Authors Henry Prakken, Giovanni Sartor
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