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More on Presumptions and Burdens of Proof

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1725-6739
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EUI LAW; 2008/30
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PRAKKEN, Henry, SARTOR, Giovanni, More on Presumptions and Burdens of Proof, EUI LAW, 2008/30 - https://hdl.handle.net/1814/9850
Abstract
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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