Presumptions: Burden of Proof
نویسندگان
چکیده
منابع مشابه
Dialectical and heuristic arguments: presumptions and burden of proof
In law, as in everyday conversation, presumptive reasoning is one of the most common forms of drawing conclusions from a set of premises. On Walton’s view (Walton 1996b: 13), whereas in deduction conclusions are necessarily true if the premises are true, the conclusion of a presumptive reasoning is a simple presumption, that is, it holds in conditions of incomplete knowledge and is subject to r...
متن کاملPresumptions and Burdens of Proof
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 pa...
متن کاملMore on Presumptions and Burdens of Proof
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 sli...
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This paper presents an analysis of the concept of burden of proof in argument. Relationship of burden of proof to three traditional informal fallacies is considered: (i) argumentum ad hominem (ii) petitio principii and (iii) argumentum ad ignorantiam. Other topics discussed include persuasive dialogue, pragmatic reasoning, legal burden of proof, plausible reasoning in regulated disputes, rules ...
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The notion of burden of proof and its companion notion of presumption are central to argumentation studies. This book argues that we can learn a lot from how the courts have developed procedures over the years for allocating and reasoning with presumptions and burdens of proof, and from how artifi cial intelligence has built precise formal and computational systems to represent this kind of rea...
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ژورنال
عنوان ژورنال: Michigan Law Review
سال: 1919
ISSN: 0026-2234
DOI: 10.2307/1277308