Results 241 to 250 of about 58,196 (307)

Questioning our presumptions about the presumption of capacity

Journal of Medical Ethics, 2023
All contemporary frameworks of mental capacity stipulate that we must begin from the presumption that an adult has capacity. This presumption is crucial, as it manifests respect for autonomy and guards against prejudice and paternalism on the part of the evaluator.Given its ubiquity, we might presume that we all understand the presumption’s meaning and
Isabel Marie Astrachan   +2 more
openaire   +2 more sources

On Presumption

open access: yes, 2017
Some of the most difficult decisions in law and ordinary life are simplified by the use of some kind of presumption. Accused criminals are presumed to be innocent, and most of the time, legislative acts are presumed to be constitutional. And when people do not know what to do, they often adopt a presumption of some kind—for example, sticking with the ...
Edna Ullmann-Margalit
openaire   +2 more sources

On the strength of presumptions

Pragmatics & Cognition, 2022
AbstractTraditionally, 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.
openaire   +1 more source

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