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  1. A dialogical theory of presumption.Douglas Walton - 2008 - Artificial Intelligence and Law 16 (2):209-243.
    The notions of burden of proof and presumption are central to law, but as noted in McCormick on Evidence, they are also the slipperiest of any of the family of legal terms employed in legal reasoning. However, recent studies of burden of proof and presumption (Prakken et al. 2005; Prakken and Sartor 2006). Gordon et al. (2007) offer formal models that can render them into precise tools useful for legal reasoning. In this paper, the various theories and formal models are (...)
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  • A theory of presumption for everyday argumentation.David M. Godden & Douglas N. Walton - 2007 - Pragmatics and Cognition 15 (2):313-346.
    The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the (...)
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  • On presumption.Edna Ullman-Margalit - 1983 - Journal of Philosophy 80 (3):143-163.
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  • Presumption and the Practices of Tentative Cognition.Nicholas Rescher - 2006 - New York: Cambridge University Press.
    Presumption is a remarkably versatile and pervasively useful resource. Firmly grounded in the law of evidence from its origins in classical antiquity, it made its way in the days of medieval scholasticism into the theory and practice of disputation and debate. Subsequently, it extended its reach to play an increasingly significant role in the philosophical theory of knowledge. It has thus come to represent a region where lawyers, debaters, and philosophers can all find some common around. In Presumption and the (...)
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