Open Access
More on Presumptions and Burdens of Proof
Loading...
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1725-6739
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
EUI LAW; 2008/30
Cite
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.