Prakken, H.

Sartor, G.

English

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

Dissertations of the University of Groningen

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https://pure.rug.nl/ws/files/10389889/jurix08pres.pdf

More on presumptions and burdens of proof

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Dissertations of the University of Groningen