Traditionally, a presumption is a dialogically privileged, yet defeasible proposition that allocates the burden of proof to a party who challenges it. This paper investigates the strength of presumptions. First, it explains how ‘strength’ contributes to defining the concept of presumption. Second, it provides an overview of (contextual, justificatory, and deontic) factors determining a presumption’s strength. Finally, it analyses the predominant view that defines strength in terms of the Challenger’s burden of proof: the stronger (weaker) the presumptionp, the more (less) (...) difficult it is to prove non-p. I argue that the latter proposal applies only to practical presumptions, and that strength is conceived differently for cognitive presumptions. (shrink)

The involvement of social considerations in our ordinary conception of presumption and corresponding plain practice of presuming things raises doubts as to whether they afford epistemically satisfying bases for rational argumentation. To some this involvement illuminates important modes of discursive inquiry; to others it points to the need for theoretically based reform or regulation of our ordinary practices. This paper attempts to clarify and defend the epistemic value of ordinary presumptions.