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The presumption of consciousness
Behavioral and Brain Sciences, 2014AbstractThroughout this article the authors presume – without justification – that decision making must be a conscious process unless proved otherwise, and they place an unreasonably strict burden of proof on anyone wishing to claim a role for unconscious processing.
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Factors for Evaluating Presumptions and Presumptive Inferences
Argumentation, 2018Lilian Bermejo-Luque has posed these questions: Cohen’s method of relevant variables, Toulmin’s model, and Rescher’s theory of plausibility suggest answers.
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<p><span>Presumptions create rebuttable inferences of fact. They pervade the law, from the presumption of legitimacy of children born in wedlock to the <i>McDonnell Douglas </i>framework for proving employment discrimination. But their logic is obscure.
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Presumption of mental health, presumption of innocence and presumption of legal sanity
Russian Journal of Psychiatry, 2021S.N. Shishkov +2 more
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This powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems. Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they
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2017
Abstract Surveys the role of statutory and common law presumptions in respect of the interpretation of contracts and other instruments. The former include important default rules in both the Law of Property Act 1925 and the Interpretation Act 1978.
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Abstract Surveys the role of statutory and common law presumptions in respect of the interpretation of contracts and other instruments. The former include important default rules in both the Law of Property Act 1925 and the Interpretation Act 1978.
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