Results 21 to 30 of about 138,891 (323)

On the Normativity of Presumptions: Contrasting Kauffeld’s and Whatelian Accounts

open access: yesLanguages, 2022
On a Whatelian conception, a presumption is a “supposition … [that] must stand good until some sufficient reason is adduced against it.” This view may be understood as operationalizing a distinct quality of warrant for the acceptability of claims ...
David Godden
doaj   +1 more source

Clues in U.S. law - a comparative study in the Federal Rules of Evidence with some of the laws of evidence [PDF]

open access: yesالرافدین للحقوق, 2013
This research includes the study of presumption in American law and other comparative legal system, which is considerd as one of the Anglo-American laws, contains the use of presumptions as a method of evidence.
Wael Moaied Jalal Eddin Al - Jalili
doaj   +1 more source

Illocution and accommodation in the functioning of presumptions

open access: yesSynthese, 2019
In this paper, I develop a speech-act based account of presumptions. Using a score-keeping model of illocutionary games, I argue that presumptions construed as speech acts can be grouped into three illocutionary act types defined by reference to how they
M. Witek
semanticscholar   +1 more source

Ten years on: consent under the Sexual Offences Act 2003 [PDF]

open access: yes, 2015
As the clock ticked over from 30th April to 1st May 2004 the Sexual Offences Act 20031 came into force and the Sexual Offences Act 19562 was repealed, fundamentally changing the law on sexual offences in England and Wales.
Sjölin, C
core   +1 more source

James Bradley Thayer, un precursor de la teoría de las presunciones

open access: yesTeoria Jurídica Contemporânea, 2017
RESUMEN: James Bradley Thayer es habitualmente conocido en el ámbito del Derecho Constitucional por su conocido ensayo sobre el estándar del control de constitucionalidad (“The Origin and Scope of the American Doctrine of Constitutional Law” [1893 ...
Raymundo Gama
doaj   +1 more source

Intention to create legal relations and the reform of contract law: A conservative approach in the modern global era [PDF]

open access: yes, 2013
This paper is partially to refute the submissions by Gulati’s article recently published on Beijing Law Review which proposes abandoning the requirement of proving intention to create legal relations for the formation of an enforceable contract.
Liao, Zhixiong
core   +2 more sources

Being a Correct Presumption vs. Being Presumably the Case

open access: yesInformal Logic, 2016
I argue for the distinction between presuming that p and maintaining that presumably p. In order to make sense of this distinction, I defend a non-inferentialist conception of presumptions and offer an account of the correctness conditions for both ...
Lilian Bermejo-Luque
doaj   +3 more sources

APSS - Software support for decision making in statistical process control [PDF]

open access: yes, 2018
DOI nefunkční (7.1.2019)Purpose: SPC can be defined as the problem solving process incorporating many separate decisions including selection of the control chart based on the verification of the data presumptions.
Noskievičová, Darja
core   +1 more source

Hominis Presumptions and Evidential Inferences

open access: yesDerecho PUCP, 2017
The author challenges the terminology «legal presumptions» and «judicial presumptions», and rather refers to presumptions established by rules of presumption and to hominis presumptions.
Josep Aguiló Regla
doaj   +1 more source

Assessing relevance [PDF]

open access: yes, 2018
This paper advances an approach to relevance grounded on patterns of material inference called argumentation schemes, which can account for the reconstruction and the evaluation of relevance relations. In order to account for relevance in different types
Macagno, Fabrizio
core   +1 more source

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