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  1. On the strength of presumptions.Petar Bodlović - 2022 - Pragmatics and Cognition 29 (1):82-110.
    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) (...)
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  • Bentham on Presumed Offences.Frederick Schauer - 2011 - Utilitas 23 (4):363-379.
    In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, (...)
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  • Rethinking the presumption of atheism.Keith Burgess-Jackson - 2018 - International Journal for Philosophy of Religion 84 (1):93-111.
    Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the presumption of innocence, fail.
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