More on Presumptions and Burdens of Proof
EUI Working Papers LAW No. 2008/30
17 Pages Posted: 18 Dec 2008
Date Written: November 1, 2008
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, presumption, argumentation
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