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SSRN Electronic Journal
Article . 2006 . Peer-reviewed
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Pure Utrecht University
Part of book or chapter of book . 2006
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Part of book or chapter of book . 2007
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Presumptions and Burdens of Proof

Authors: SARTOR, GIOVANNI; H. Prakken;

Presumptions and Burdens of Proof

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.

Countries
Italy, Netherlands, Italy
Keywords

Argumentation, Burden of proof, Presumptions, Evidence

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    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
10
Average
Top 10%
Top 10%
Green
bronze