More on Presumptions and Burdens of Proof

EUI Working Papers LAW No. 2008/30

17 Pages Posted: 18 Dec 2008

See all articles by Henry Prakken

Henry Prakken

University of Utrecht

Giovanni Sartor

European University Institute Law Department

Date Written: November 1, 2008

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.

Keywords: Evidence, burden of proof, presumption, argumentation

Suggested Citation

Prakken, Henry and Sartor, Giovanni, More on Presumptions and Burdens of Proof (November 1, 2008). EUI Working Papers LAW No. 2008/30. Available at SSRN: https://ssrn.com/abstract=1317348 or http://dx.doi.org/10.2139/ssrn.1317348

Henry Prakken (Contact Author)

University of Utrecht ( email )

Vredenburg 138
NL-3508 TC Utrecht, 3511 BG
Netherlands

Giovanni Sartor

European University Institute Law Department ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
ITALY

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