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.

• Type: Conference
• Year: 2008
• Where: JURIX
• Authors: Henry Prakken, Giovanni Sartor
• Keywords: Information Technology, Jurisprudential, JURIX 2008, Legal Policy, Various Accounts