Results 231 to 240 of about 18,388 (292)
Reflections on 'common' genetic medical history questions: Time to examine the what, why, and how. [PDF]
Patient Educ CounsWaltz M +4 more
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Diversity on the bench: An analysis of gendered biases in the language of Australian Family Law Court judgments. [PDF]
PLoS OneAkand E +4 more
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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.
Daniel Kipnis
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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.
McMeel Gerard
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Questioning our presumptions about the presumption of capacity
Journal of Medical Ethics, 2023All 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
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On the Differences Between Practical and Cognitive Presumptions [PDF]
Argumentation, 2021 The study of presumptions has intensified in argumentation theory over the last years. Although scholars put forward different accounts, they mostly agree that presumptions can be studied in deliberative and epistemic contexts, have distinct contextual ...
Petar Bodlovic
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On the strength of presumptions
Pragmatics & Cognition, 2022AbstractTraditionally, 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.
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Michigan Law Review, 1924 Persistent controversial discussions furnish evidence that there are still uncertainties as to some phases of the nature as well as the law of presumptions.
Lane, Victor H.
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2021
The chapter shows that the history of presumptions in Scots law has been influenced by both the Canonist and Civilian legal traditions, with the latter undoubtedly predominant. The suggestion that Civilian influence on the Anglo-American law of presumptions occurred relatively late (in the eighteenth and nineteenth centuries) thanks to the earlier use ...
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The chapter shows that the history of presumptions in Scots law has been influenced by both the Canonist and Civilian legal traditions, with the latter undoubtedly predominant. The suggestion that Civilian influence on the Anglo-American law of presumptions occurred relatively late (in the eighteenth and nineteenth centuries) thanks to the earlier use ...
openaire +1 more source
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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