Presumptions in Legal Argumentation

Ratio Juris 25 (3):271-300 (2012)
  Copy   BIBTEX

Abstract

In this paper a theoretical definition that helps to explain how the logical structure of legal presumptions is constructed by applying the Carneades model of argumentation developed in artificial intelligence. Using this model, it is shown how presumptions work as devices used in evidentiary reasoning in law in the event of a lack of evidence to assist a chain of reasoning to move forward to prove or disprove a claim. It is shown how presumptions work as practical devices that may be useful in cases in which there is insufficient evidence to prove the claim to an appropriate standard of proof

Author Profiles

Fabrizio Macagno
Faculdade de Letras da Universidade de Lisboa
Douglas Walton
Last affiliation: University of Windsor

Analytics

Added to PP
2012-08-04

Downloads
379 (#42,911)

6 months
122 (#27,996)

Historical graph of downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.
How can I increase my downloads?