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More on Presumptions and Burdens of Proof
Henry Prakken, Giovanni Sartor
176 - 185
10.3233/978-1-58603-952-3-176
Frontiers in Artificial Intelligence and Applications
Volume 189: Legal Knowledge and Information Systems
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.

$35.00 / €27.50 / £22.00
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