Results 311 to 320 of about 277,049 (342)

Presumption of mental health, presumption of innocence and presumption of legal sanity

Russian Journal of Psychiatry, 2021
S.N. Shishkov, S.V. Polubinskaya, N.V. Skibina   +2 more
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Presumptions, Legal Argumentation, and Defeasibility

2023
In this paper, I propose to differentiate two types of presumptions in law and in legal argumentation. On the one hand, the so-called hominis presumptions, that is, those made by people when they make factual inferences and, on the other, the presumptions established by legal norms (legal presumptions).
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Presumptions and Conjectures in Leibniz’s Legal Theory

2015
This paper focuses on the role of presumptions and conjectures in Leibniz’s legal theory. Both presumptions and conjectures are closely connected to the question of the burden of proof for presumptions lead to a shift of the burden. Thus, these notions play an essential role in the practice of litigation: the odds to win a given case are stacked ...
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Logic, Probability, and Presumptions in Legal Reasoning

2013
At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the
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A Legal Presumption in Modernist Interpretations of Nationalism

2017
This chapter engages with one of the central discussions in the study of nationalism, the debate about the modernity or antiquity of nations and nationalism. Noticing the political dimension contained in the dispute, the chapter highlights the extent to which a concept of law resting beneath theories of modernization plays a key role in interpreting ...
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‘Platformisation’ of work: An EU perspective on Introducing a legal presumption

European Labour Law Journal, 2022
exaly  

Putting the ‘presumption’ back in the ‘presumption of innocence’

International Journal of Evidence and Proof, 2022
Forest Yu
exaly  

Grandparent contact: another presumption?

Journal of Social Welfare and Family Law, 2020
Felicity Kaganas
exaly  

Presumptions in Legal Argumentation:

2019
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Social Engineering as an Infringement of the Presumption of Innocence: The Case of Corporate Criminality

Criminal Law and Philosophy, 2013
Douglas Husak
exaly