More on Presumptions and Burdens of Proof
Title: More on Presumptions and Burdens of Proof
Publisher: European University Institute
Series/Number: EUI LAW; 2008/30
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.
Subject: Evidence; burden of proof; presumptions; argumentation
Type of Access: openAccess