Date: 2006
Type: Working Paper
Presumptions and Burdens of Proof
Working Paper, EUI LAW, 2006/36
PRAKKEN, Henry, SARTOR, Giovanni, Presumptions and Burdens of Proof, EUI LAW, 2006/36 - https://hdl.handle.net/1814/6424
Retrieved from Cadmus, EUI Research Repository
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 party to fulfil a burden of production or persuasion while shifting a tactical burden to
the other party. Finally, it is shown how debates about what can be presumed can be modelled as
debates about the backings of default rules
Cadmus permanent link: https://hdl.handle.net/1814/6424
Series/Number: EUI LAW; 2006/36
Publisher: European University Institute
Keyword(s): Evidence Burden of proof Presumptions Argumentation