Presumptions and Burdens of Proof

EUI Working Papers Law No. 2006/36

PROCEEDINGS OF THE nINETEENTH ANNUAL CONFERENCE ON LEGAL KNOWLEDGE AND INFORMATION SYSTEMS (JURIX), Van Engers, T., ed., pages 176–185, IOS, Amsterdam

15 Pages Posted: 20 Feb 2007 Last revised: 24 Dec 2013

See all articles by Henry Prakken

Henry Prakken

University of Utrecht

Giovanni Sartor

European University Institute Law Department

Date Written: December 1, 2006

Abstract

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.

Keywords: evidence, burden of proof, legal argumentation

Suggested Citation

Prakken, Henry and Sartor, Giovanni, Presumptions and Burdens of Proof (December 1, 2006). EUI Working Papers Law No. 2006/36. Available at SSRN: https://ssrn.com/abstract=963761 or http://dx.doi.org/10.2139/ssrn.963761

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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