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Journal articles on the topic 'Presumptions'

Author: Grafiati

Published: 4 June 2021

Last updated: 26 July 2025

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1

Bodlović, Petar. "On the strength of presumptions." Pragmatics and Cognition 29, no. 1 (2022): 82–110. http://dx.doi.org/10.1075/pc.21017.bod.

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Abstract Traditionally, 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. Second, it provides an overview of (contextual, justificatory, and deontic) factors determining a presumption’s strength. Finally, it analyses the predominant view that defines strength in terms of the Challenger’s burden of proof: the stronger (weaker) the presumption p, the more (less) difficult i

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Majeed, Nasir, and Amjad Hilal. "MEANINGS, CATEGORIES, FUNCTIONS AND STRUCTURE OF PRESUMPTIONS: A STRUCTURAL ANALYSIS OF PRESUMPTIONS IN QANOON E SHAHADAT ORDER." Pakistan Journal of Social Research 04, no. 01 (2022): 451–60. http://dx.doi.org/10.52567/pjsr.v4i1.669.

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The objective of the present research was to explore the meanings, kinds, functions and structure of presumptions in common law and then use it as a conceptual framework to analyze presumptions in Qanoon e Shahadat (hereinafter QSO). The present study, after doctrinal analysis, found that presumption in common law is viewed as a rule of law which allows courts to draw certain conclusions on the basis of certain proved facts. Additionally, researchers have identified numerous categories, functions and methods to study the structure of presumptions in the process of proof in common law. Similarl

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3

Godden, David M., and Douglas N. Walton. "A theory of presumption for everyday argumentation." Pragmatics and Cognition 15, no. 2 (2007): 313–46. http://dx.doi.org/10.1075/pc.15.2.06god.

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The paper considers contemporary models of presumption in terms of their ability to contribute to a working theory of presumption for argumentation. Beginning with the Whatelian model, we consider its contemporary developments and alternatives, as proposed by Sidgwick, Kauffeld, Cronkhite, Rescher, Walton, Freeman, Ullmann-Margalit, and Hansen. Based on these accounts, we present a picture of presumptions characterized by their nature, function, foundation and force. On our account, presumption is a modal status that is attached to a claim and has the effect of shifting, in a dialogue, a burde

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Van Eekert, Simon. "Presumptions of Law Concerning Causality in Environmental Cases: Towards Collective Presumptions of Fact?" Journal of European Tort Law 14, no. 3 (2023): 235–71. http://dx.doi.org/10.1515/jetl-2023-0015.

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Abstract Presumptions of law are an appealing concept to remedy situations of causal uncertainty. In many pieces of EU legislation in various areas such as competition law, AI law and environmental law, presumptions are presented as a solution for plaintiffs that encounter problems regarding causal uncertainty in their compensation claims. Oftentimes, however, insufficient attention is paid to the possible risks of over- and under-compensation, the available alternatives and the functionality of these presumptions. In this article, I argue that a presumption of law fulfils two functions. First

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Aguiló, Regla Josep. "Hominis Presumptions and Evidential Inferences." Derecho PUCP 79 (November 30, 2017): 99–110. https://doi.org/10.18800/derechopucp.201702.005.

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The author challenges the terminology «legal presumptions» and «judicial presumptions», and rather refers to presumptions established by rules of presumption and to hominis presumptions. He argues that the best way to differentiate between them is by showing the contrast between «it shall be presumed» (syntagm proper to practical reasoning) and «it is presumable» (syntagm proper to theoretical reasoning). The text clarifies the relationship between the so-called hominis presumptions and the factual inferences or evidential inferences, in general.

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Lancieri, Filippo, and Tommaso Valletti. "Towards an effective merger review policy: a defence of rebuttable structural presumptions." Oxford Review of Economic Policy 40, no. 4 (2025): 763–75. https://doi.org/10.1093/oxrep/grae049.

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Abstract We discuss the design of an effective merger review policy for the twenty-first century. We argue that the practice of the past decades is inadequate and propose a move towards much stronger rebuttable structural presumptions. These presumptions establish that all mergers above certain thresholds are illegal unless the merging parties can prove that merger-specific efficiencies will be shared with consumers and yield tangible welfare gains. These presumptions are grounded on solid economics and also acknowledge the real-world limitations in enforcement resources and information asymme

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7

Sladič, Jorg. "La Présomption Et Le Droit Procédural De L’Union Européenne." International Journal of Procedural Law 6, no. 2 (2016): 296–326. http://dx.doi.org/10.1163/30504856-00602006.

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The Court of Justice regularly applies the concept presumption owing to the very nature of the legal order of the European Union. The autonomous nature of EU law does not allow us to apply presumptions known in national legal orders. Even though it can be considered as being independent compared to national laws, EU law applies the known distinction between a presumption of law and factual presumptions.

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8

Wen, Du. "Contextualizing Relations Between Presumptions and Legal Fictions: An Analysis of the Chinese Civil Code." Journal of Politics and Law 15, no. 3 (2022): 1. http://dx.doi.org/10.5539/jpl.v15n3p1.

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This research aims to achieve two goals: first and foremost, clarify the similarities and dissimilarities among statutory (legal) presumptions, judicial (factual) presumptions and legal fictions. The second is to provide a set of theoretical tools that can correctly distinguish two types of presumptions from legal fictions, so as to facilitate the accurate identification and application of those three by Chinese judges in their judicial practice. This study mainly adopts two research methods: legal theory analysis and law article analysis. The research results of this paper mainly are: first,

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9

Godden, David. "On the Normativity of Presumptions: Contrasting Kauffeld’s and Whatelian Accounts." Languages 7, no. 4 (2022): 261. http://dx.doi.org/10.3390/languages7040261.

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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. Against this Whatelian conception, Kauffeld offers an account on which “ordinary presumptions are inferences based on suppositions regarding the risk of resentment persons face should they fail to live up to (often openly incurred) commitments.” On Kauffeld’s analysis, presumptions are distinguished according to a special kind of backing, or groundin

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10

Kolomiiets, K. V. "INFLUENCE OF LEGAL PRESUMPTIONS ON THE CIRCUMSTANCES WHICH ARE SUBJECT TO PROOF IN CRIMINAL PROCEEDINGS." Herald of criminal justice, no. 1-2 (2023): 201–10. http://dx.doi.org/10.17721/2413-5372.2023.1-2/201-210.

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The article is devoted to the study of some problematic issues related to the influence of legal presumptions on circumstances that are part of the subject of evidence in criminal proceedings. The author analyzed the legislative, theoretical and practical basis related to the issue of the influence of legal presumptions on the subject of proof, and in particular on the circumstances that are part of it. The purpose of this article is to consider and study the issue of the influence of legal presumptions on the subject of evidence in criminal proceedings, as well as to substantiate the importan

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Petroski, Karen. "The Public Face of Presumptions." Episteme 5, no. 3 (2008): 388–401. http://dx.doi.org/10.3366/e1742360008000476.

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ABSTRACTWe commonly think of presumptions as second-best inferential tools allowing us to reach conclusions, if we must, under conditions of limited information. Scholarship on the topic across the disciplines has espoused a common conception of presumptions that defines them according to their function within the decisionmaking process. This focus on the “private” face of presumptions has generated a predominantly critical and grudging view of them, perpetuated certain conceptual ambiguities, and, most important, neglected the fact that what we refer to as “presumptions” have distinguishing f

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Janusz-Pohl, Barbara. "Uwagi o doniosłości koncepcji domniemań relewantnych prawnokarnie." Prawo w Działaniu 43 (2020): 37–55. http://dx.doi.org/10.32041/pwd.4302.

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This paper deals with the question of presumptions relevant in criminal law, including the so-called substantive law presumption of guilt. Any normative connotations of this presumption are definitively excluded. The considerations are based on one of the theoretical concepts of factual presumptions (preasumptiones hominis), the so-called mixed concept, whereby presumptions are perceived as evidentiary simplifications, a particular form of non-deductive inferences which neither restrict the principle of free appraisal of evidence nor shift the burden of proof against the law. A critical analys

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Azimi Garekani, Hadi, Mohammad Javad Mazaheri Tehrani, and Majid Vaziri. "A Reflection on the Evidentiary Value of Judicial Presumptions." Legal Studies in Digital Age 3, no. 4 (2024): 207–18. https://doi.org/10.61838/kman.lsda.3.4.19.

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Judicial presumption is recognized as one of the tools for proving claims within the Iranian legal system and holds a special position in the process of adjudication. Based on various studies, in some legal disputes, access to conclusive evidence may be extremely difficult or even impossible. Consequently, in order to prevent the violation of individuals’ rights, avoid judicial suspension, and fill this evidentiary gap to establish justice and fairness, the use of judicial presumptions is not only legitimate and authoritative but also essential, as it ensures judicial security. Judicial presum

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14

Yu, Forest. "Putting the ‘presumption’ back in the ‘presumption of innocence’." International Journal of Evidence & Proof 26, no. 4 (2022): 342–58. http://dx.doi.org/10.1177/13657127221124361.

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This article tackles the question: can the Presumption of Innocence (PoI) be a presumption? Whereas many criminal law theorists rejection such a notion, I draw inspiration from argumentation theorists and philosophers—in particular, Petar Bodlović and Edna Ullmann-Margalit—and argue in favour of it; indeed, argumentation theory often holds the PoI out as a paradigmatic presumption. My argument proceeds in three sections. I first show that criminal law theorists writing on the PoI have understood presumptions as evidentiary devices in the form of a modus ponens. On that understanding, the PoI c

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Moskovkin, L., and N. Vakurova. "THE PRESUMPTION SYSTEM AS A DISASTROUS FACTOR OF GENETIC ENGINEERING IN POPULI." EurasianUnionScientists 5, no. 10(79) (2020): 41–51. http://dx.doi.org/10.31618/esu.2413-9335.2020.5.79.1062.

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The article describes the phenomenology of the presumption system as mandatory for the application of absolute truths that are not subject to discussion. The ubiquity of presumptions, which have become an immanent feature of everyday and political life, is shown. Using the example of the global campaign pandemic 2020, the author describes the fact that Russia is used to bring real information to the public information field, bypassing presumptions.

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Fabbri, Cora. "Bosanac v Federal Commissioner of Taxation: The Future of the Presumptions of Resulting Trust and Advancement." Sydney Law Review 46, no. 1 (2024): 103–18. http://dx.doi.org/10.30722/slr.19655.

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This case note examines the decision of the High Court of Australia in Bosanac v Federal Commissioner of Taxation. Part II provides a case summary. Part III considers the future of the presumptions of resulting trust and advancement following Bosanac. Part IV discusses the judicial references in Bosanac to the presumptions being ‘weak’, and analyses whether these were an observation of the current state of the law or represent a change to it. Part V reviews the Court’s clarification of an earlier case concerning the application of the presumption of resulting trust to married couples, Trustees

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17

Shutenko, Oksana. "APPLICATION OF THE PRESUMPTION OF GOOD FAITH IN CIVIL PROCEDURAL LAW, LEGAL PROCEEDINGS AND NOTARIES." Slovo of the National School of Judges of Ukraine, no. 1-2(38-39) (November 21, 2022): 142–50. http://dx.doi.org/10.37566/2707-6849-2022-1-2(38-39)-13.

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The universality of one of the fundamental presumptions – good faith – should be explored in various fields of law. The relevance of this study is as follows: at the ideological and philosophical level – overcoming the separation of branches of law and creating an understanding of law as a whole, at the practical level – improving the legal system and clarifying the features of this presumption in regulating different groups of legal relations. Based on the presumption of good faith, any behavior is regarded as positive, so the very fact of harm is regarded (presumed) automatically as dishones

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18

Hameed, Rafea. "Judicial Presumption and its Role in Criminal Evidence." International Journal of Law Research and Studies 3, no. 4 (2024): 182–208. http://dx.doi.org/10.59992/ijlrs.2024.v3n4p7.

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This paper explores the concept of judicial presumption and its role in criminal evidence, focusing on Jordanian legislation while incorporating a comparative analysis. It begins by defining judicial presumption and distinguishing it from other forms of evidence, such as legal and civil presumptions. The paper outlines the similarities and differences between criminal and civil judicial presumptions, highlighting the flexibility in criminal matters where the judge has broader discretion in forming convictions. It further examines the nuances of evidence and its importance in criminal proceedin

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Mendonca, Daniel. "Presumptions." Ratio Juris 11, no. 4 (1998): 399–412. http://dx.doi.org/10.1111/1467-9337.00098.

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20

Madigan, Kevin V., David Checkland, and Michel Silberfeld. "Presumptions Respecting Mental Competence." Canadian Journal of Psychiatry 39, no. 3 (1994): 147–52. http://dx.doi.org/10.1177/070674379403900305.

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This paper addresses the role(s) played by presumptions regarding mental competence in the context of clinical assessment of decision-making capacity. In particular, the issue of whether or not the usual common law presumption of competence is appropriate and applicable in cases of reassessment of persons previously found incompetent is discussed. Arguments can be made for either retaining a presumption of competence or adopting a presumption of incompetence in reassessment cases. In addressing the issue and the arguments, the authors conclude that the question is really a public policy issue

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Anchishina, E. A. "PRESUMPTION IN MODERN LAW: CONCEPT AND LEGAL MEANING." Bulletin of Udmurt University. Series Economics and Law 31, no. 1 (2021): 70–80. http://dx.doi.org/10.35634/2412-9593-2021-31-1-70-80.

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This article presents an analysis of the main existing approaches to the definition of the concept of legal presumption and its essence (logical-philosophical, legal and normative). The author's point of view on the presumption as a method of legal technique is substantiated, which is reflected both directly and indirectly in regulatory legal acts, as well as in the legal provisions of judicial practice, which is confirmed by specific examples from the Resolutions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other ac

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Bodlović, Petar. "Presumptions, and How They Relate to Arguments from Ignorance." Argumentation 33, no. 4 (2019): 579–604. http://dx.doi.org/10.1007/s10503-019-09498-8.

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Abstract By explaining the argument from ignorance in terms of the presumption of innocence, many textbooks in argumentation theory suggest that some arguments from ignorance might share essential features with some types of presumptive reasoning. The stronger version of this view, suggesting that arguments from ignorance and presumptive reasoning are almost indistinguishable, is occasionally proposed by Douglas Walton. This paper explores the nature and limits of the stronger proposal and argues that initial presumptions and arguments from ignorance are not closely connected. There are three

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Muneera Bint Nasser Bin Zayed Al-Ghamdi, Muneera Bint Nasser Bin Zayed Al-Ghamdi. "The Impact of Abandonment of the Rank of Presumption in the Meaning." journal of King Abdulaziz University Arts And Humanities 29, no. 7 (2021): 1–26. http://dx.doi.org/10.4197/art.29-7.1.

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he grammarians and interpreters were interested in the grammatical presumptions, including the rank presumption, whether by adherence to or abandonment of it, and the impact of that in meaning, then I selected this subject

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Probert, Rebecca. "THE PRESUMPTIONS IN FAVOUR OF MARRIAGE." Cambridge Law Journal 77, no. 2 (2018): 375–98. http://dx.doi.org/10.1017/s0008197318000429.

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AbstractEighteenth-century courts needed to rely on presumptions in favour of marriage for a number of reasons, some practical and some legal, but the misleading reporting of one leading nineteenth-century case, followed by institutional changes and a stronger focus on precedent, led to the original evidential assumptions being obscured. A further blurring of the different strands of the presumption occurred in the twenty-first century, leading to confusion in recent cases. Understanding how the much-misunderstood presumptions have developed reveals why they were needed, when they became decou

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Kalandarishvili, Christina. "Properties of Criminal Procedure Presumptions." Siberian Criminal Process and Criminalistic Readings, no. 4 (December 22, 2021): 30–40. http://dx.doi.org/10.17150/2411-6122.2021.4.30-40.

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The process of proving has always been and today still is the central problem of criminal proceedings, and most aspects of modern criminal procedure activities are connected with it. The cognitive character of the proving process presupposes the use of multiple methods, the most complex and significant of which is the method of presuming. This method of legal technique is well represented in the Russian legislation. At the same time, legal science and the theory of criminal procedure law, which have multiple definitions of legal or lawful presumption reflecting various aspects of the concept u

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Hebib, Mirza. "O AKTUALNOSTI CASUUM COMMORIENTIUM U RIMSKOM I SUVREMENOM EUROPSKOM PRIVATNOM PRAVU." Pravni vjesnik 37, no. 3-4 (2021): 171–200. http://dx.doi.org/10.25234/pv/14341.

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In the Roman legal tradition, but also in modern civil law systems, the term commorientes (lat. commorientes) refers to persons who died in the same accident or other danger, standing in a legal position relevant to inheritance law. In connection with the resolution of such situations in the theory of private law, various legal presumptions have been developed since the period of classical Roman law. All these presumptions can be systematized within two basic concepts - the first based on the presumption of survival of subjects and the second based on the presumption of the simultaneous death

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Vizdoaga, Tatiana, and Iulia Bria. "The presumption of innocence in the system of legal presumptions." Journal of the National Institute of Justice, no. 4(63) (December 2022): 8–13. http://dx.doi.org/10.52277/1857-2405.2022.4(63).01.

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The essence of the presumption of innocence does not consist in the fact that the accused, as a rule, is innocent, but it assumes that as long as we do not have a definitive sentence of conviction, there is no legally guilty person of committing the crime. The importance of this rule for the construction and democratic functioning of the criminal process, as well as for the defense of persons held criminally liable, is difficult to overestimate. The person’s guilt is not considered proven and he cannot be recognized as guilty of committing the crime and, respectively, subject to any restrictio

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Morawski, Lech. "Domniemania faktyczne i reguły dowodu prima facie." Studia Prawnicze / The Legal Studies, no. 1-2 (63-64) (April 30, 2023): 217–41. http://dx.doi.org/10.37232/sp.1980.1-2.8.

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This article discusses the function of presumptions and prima facie evidence in evidence proceedings. The discussion concentrates mainly on civil procedure but the Author considers also the possibility of applying presumptions in criminal proceedings. In part I, basic methodological issues connected with presumptions and prima facie evidence as well as with their application in judicial practice are shortly presented. The most important among them concerns the fact that there exist various interpretations of the above terms although generally they are not taken into account by the organs makin

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Volpin, Cristina. "The ball is in your court: Evidential burden of proof and the proof-proximity principle in EU competition law." Common Market Law Review 51, Issue 4 (2014): 1159–85. http://dx.doi.org/10.54648/cola2014089.

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This article addresses the limits of the application of presumptions of fact in EU competition law. It describes the most common presumptions of fact in competition law and their implications for evidential responsibilities. It illustrates the emergence of the proof-proximity principle, which allocates the evidential burden of proof on the party to whom the evidence is available or who is better situated to furnish it easily and promptly. This principle ensures the effectiveness of the fact-finding process in public and the private enforcement, while at the same time guaranteeing that Article

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Sanò, Claudia. "National Tax Law Presumptions and EU Law." EC Tax Review 23, Issue 4 (2014): 194–206. http://dx.doi.org/10.54648/ecta2014018.

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Legal presumptions serve essential and legitimate needs in national legal orders, where they are introduced for the purpose of simplifying the assessment and the recovery of tax or for tackling tax avoidance or evasion. Nowadays, however, the national choices concerning the use of tax law presumptions must be tested against European Union (EU) law, both in uniform or harmonized sectors and, albeit to a different extent, in non-harmonized ones. In this article, after a brief discussion of the meaning and relevance of the concept on the basis of national juridical traditions, the case law of the

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Sharno, Oksana. "Presumption in Favor of Sustainable Development: Ecological and Legal Aspect." Legal Concept, no. 3 (November 2023): 127–35. http://dx.doi.org/10.15688/lc.jvolsu.2023.3.17.

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Introduction. The 2030 Agenda for Sustainable Development is aimed at minimizing modern threats to the universe, the natural environment, and man. The mobilization of financial resources, public administration, and environmental institutions for sustainable development should eliminate the consumer attitude of man toward nature and meet human needs in the context of rational use of natural resources, ensuring ecological balance for future generations. Instrumentally and meaningfully, such tasks are fixed by the principles of sustainable development, which regulate the principles, beliefs, and

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Ling, L. H. M. "Global Presumptions." Cooperation and Conflict 41, no. 4 (2006): 382–92. http://dx.doi.org/10.1177/0010836706069609.

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Herr, Ranjoo Seodu. "Liberal Presumptions." Political Theory 35, no. 3 (2007): 341–47. http://dx.doi.org/10.1177/0090591707299874.

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Giezek, Jacek. "Fakty oraz ich ocena jako przedmiot materialnoprawnych domniemań w procesie karnym." Przegląd Prawa i Administracji 114 (August 10, 2018): 77–94. http://dx.doi.org/10.19195/0137-1134.114.4.

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FACTS AND THEIR ASSESSMENT AS THE SUBJECT OF THE SUBSTANTIVE PRESUMPTION IN THE CRIMINAL TRIALThe fundamental problem of the article can be expressed in two sequentially asked questions, namely — firstly — whether the subject of substantive presumption may be not only facts, but also assessments formulated on their basis, and — secondly — whether in the case of limiting the essence of presumptions exclusively to facts, it would be possible to include into the presumptions these elements of the dogmatic structure of crime, the occurrence of which requires, first and foremost, a series of normat

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Schepalov, Stanislav V. "Legal and Factual Presumptions in Proceedings on Administrative Offenses in Courts of General Jurisdiction." Rossijskoe pravosudie, no. 4 (March 18, 2025): 86–93. https://doi.org/10.37399/issn2072-909x.2025.4.86-93.

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Problem statement. In the domestic science of administrative procedure, the features of proof when considering cases of administrative offenses by judges of courts of general jurisdiction have not been sufficiently studied. Such phenomena as empirical provisions and factual presumptions require recognition and understanding, according to the fact that similar phenomena are actively studied in other procedural sciences. Judicial proof in proceedings on cases of administrative offenses is devalued to elementary law enforcement activity, while it is mainly a subtle intellectual activity based on

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Новиков, М. В. "Правовая природа презумпции как средства юридической техники". СОВРЕМЕННОЕ ПРАВО, № 7-8 (19 серпня 2019): 10–12. https://doi.org/10.25799/ni.2019.52.82.017.

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Рассматриваются особенности правовой природы презумпции как средства юридической техники, проводится детальный анализ вопросов соотношения правовых презумпций и фикций, подвергаются критики некоторые устоявшееся воззрения на признаки правовой презумпции, формулируется авторское определение правовой презумпции как средства юридической техники. The article covers the peculiarities of the legal nature of the presumption as a means of legal technology, a detailed analysis of the relationship between legal presumptions and fictions, the definition of legal presumption as a means of legal technology

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Arabshahi, Forough, Jennifer Lee, Mikayla Gawarecki, Kathryn Mazaitis, Amos Azaria, and Tom Mitchell. "Conversational Neuro-Symbolic Commonsense Reasoning." Proceedings of the AAAI Conference on Artificial Intelligence 35, no. 6 (2021): 4902–11. http://dx.doi.org/10.1609/aaai.v35i6.16623.

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In order for conversational AI systems to hold more natural and broad-ranging conversations, they will require much more commonsense, including the ability to identify unstated presumptions of their conversational partners. For example, in the command "If it snows at night then wake me up early because I don't want to be late for work" the speaker relies on commonsense reasoning of the listener to infer the implicit presumption that they wish to be woken only if it snows enough to cause traffic slowdowns. We consider here the problem of understanding such imprecisely stated natural language co

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Stanioch, Karol. "Is there a need to introduce a presumption of an employment relationship into the Polish legal system?" Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 10, 2021): 201–17. http://dx.doi.org/10.19195/1733-5779.35.13.

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The article contains reflections on the legitimacy of introducing the presumption of the employment contract’s labor law character into the polish legal system, the possible shape of such a regulation and the manner of its introduction in relation to the axiological assumptions of the labour law. The author joins the discussion on the presumption by referring to the views presented by legal scholars on the subject and analyzing the presumptions existing in the Netherlands, Switzerland, and Slovenia. In his conclusions, he supports the introduction of the presumption in material and rebuttable

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Kalintiri, Andriani. "Analytical Shortcuts in EU Competition Enforcement: Proxies, Premises, and Presumptions." Journal of Competition Law & Economics 16, no. 3 (2020): 392–433. http://dx.doi.org/10.1093/joclec/nhaa013.

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Abstract Analytical shortcuts lie at the heart of competition enforcement and have crucial implications for both substance and procedure. Nevertheless, not all of them are created equal. This point has been rather missed in competition scholarship due to the tendency to use the term ‘presumption’ in an overly expansive and ultimately inaccurate manner. Aspiring to inject some conceptual clarity in the discussion, this work proposes a taxonomy for distinguishing common analytical shortcuts in law enforcement comprising proxies, premises, and presumptions in the technical sense. With this taxono

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Bronckers, Marco. "No Longer Presumed Guilty? The Impact of Fundamental Rights on Certain Dogmas of EU Competition Law." World Competition 34, Issue 4 (2011): 535–70. http://dx.doi.org/10.54648/woco2011047.

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That the penalties imposed under European Union (EU) competition law amount to criminal sanctions within the meaning of Article 6 of the European Convention on Human Rights (ECHR) has been settled for some time. Yet whether the entry into force in December 2009 of the Charter on Fundamental Rights (as part of the Lisbon Treaty), and the EU's intended accession to the ECHR, should bring about changes in the operation of EU competition law is a question frequently debated now. Most of that debate has focused on the institutional make-up of competition law enforcement in the EU, notably on whethe

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Martins, António, and Cristina Sa. "The computation of taxable income when accounting numbers are not reliable." International Journal of Law and Management 60, no. 2 (2018): 543–62. http://dx.doi.org/10.1108/ijlma-12-2016-0181.

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Purpose The purpose of this paper is to discuss the causes that justify the application of presumptions in corporate income taxation. The authors focus on motives showing a connection to errors or fraud in the recognition of operations by the financial accounting system. The research question can be framed as follows: How to define the frontier between reliable accounting records and unreliable information, the latter rendering presumptions as an admissible way of taxing income? Design/methodology/approach The research design of this paper rests on two analytical steps based on the legal resea

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Skoczylas-Wardzyńska, Katarzyna. "Stosowanie tymczasowego aresztowania względem członka zorganizowanej grupy przestępczej w kontekście prawa jednostki do wolności." Problemy Prawa Karnego 30, no. 4 (2020): 181–96. http://dx.doi.org/10.31261/ppk.2020.04.09.

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The article analyses grounds for application of pretrial detention in respect of individuals who have been charged with the criminal offence of participation in an organised criminal group or with participation in an organised criminal association aiming at committing a criminal offence. The paper addresses two presumptions: 1) the presumption of fear that a suspect or the accused shall obstruct criminal proceedings because of their participation in an organised criminal group; 2) the presumption that the suspect or accused shall attempt to obstruct the proper conduct of the proceedings becaus

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Куракин, А. В., С. В. Бубнов та И. С. Трегубов. "Вопросы правовой презумпции в административной деятельности полиции". СОВРЕМЕННОЕ ПРАВО, № 11 (2 грудня 2021): 38–44. https://doi.org/10.25799/ni.2021.98.64.007.

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Рассматривается понятие «правовая презумпция», отмечается функциональность данной категории в праве, правовом регулировании, а также в административной деятельности полиции. Особое внимание уделяется таким видам правовых презумпций, как презумпция невиновности и презумпция доверия. Рассматривается возможность их применения в административной деятельности полиции. The concept of "legal presumption" is considered, the functionality of this category in law, legal regulation, as well as in the administrative activities of the police is noted. Particular attention is paid to such types of legal pre

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Rice, Paul R., and Slade S. Cutter. "Problems with Presumptions: A Case Study of the “Structural Presumption” of Anticompetitiveness." Antitrust Bulletin 47, no. 4 (2002): 557–70. http://dx.doi.org/10.1177/0003603x0204700401.

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Moldovan, Andrei. "Presumptions in Communication." Studia Humana 5, no. 3 (2016): 104–17. http://dx.doi.org/10.1515/sh-2016-0019.

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Abstract In the first part of this paper I consider the Gricean account of communication, as structured by the Cooperative Principle and the four maxims. Several authors, including Jean Goodwin [10], Fred Kauffeld [17], Michael Gilbert [7], Ernie Lepore and Mathew Stone [22], among others, argue that the Gricean view of communication fails in as much as it pretends to offer an account of all such human interactions. As Goodwin and Kauffeld suggest, a more promising starting point is to consider the variety of contextually determined presumptions that we make about speakers and that we rely upo

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Sperber, Dan, and Deirdre Wilson. "Presumptions of relevance." Behavioral and Brain Sciences 10, no. 04 (1987): 736. http://dx.doi.org/10.1017/s0140525x00055618.

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Lilley, M. E., M. Bond, D. Power, and P. Nair. "Presumptions of consumption." Journal of Infection 44, no. 2 (2002): 119. http://dx.doi.org/10.1016/s0163-4453(02)90328-2.

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Heintz, Christophe. "Presuming placeholders are relevant enables conceptual change." Behavioral and Brain Sciences 34, no. 3 (2011): 131–32. http://dx.doi.org/10.1017/s0140525x10002347.

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AbstractPlaceholders enable conceptual change only if presumed to be relevant (e.g., lead to the formation of true beliefs) even though their meaning is not yet fully understood and their cognitive function not yet specified. Humans are predisposed to make such presumptions in a communicative context. Specifying the role of the presumption of relevance in conceptual change would provide a more comprehensive account of Quinian bootstrapping.

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Bobechko, Nazar, and Volodymyr Fihurskyi. "Presumptions as means of proof in criminal procedure law of states with continental and Anglo-American legal systems." Revista Amazonia Investiga 13, no. 74 (2024): 373–80. http://dx.doi.org/10.34069/ai/2024.74.02.31.

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The aim of this article is to study legal regulation, doctrinal approaches on understanding and using presumptions in criminal procedure proof of the states with continental and Anglo-American legal systems. The methodological basis of this research consists of general scientific and special legal methods, namely dialectical, analysis, generalization, structural and functional, hermeneutic, dogmatic and comparative legal methods. The article analyzes one of the means of criminal procedure proof – presumption. By analyzing the corresponding norms of CPC of Ukraine, legal positions of the Europe

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Schmoeckel, Mathias. "Hinweise zur Geschichte der Präsumptionen." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 102, no. 1 (2016): 502–9. http://dx.doi.org/10.26498/zrgka-2016-0121.

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Abstract Aspects of the History of Presumptions. Modern research on medieval presumptions shows the role of canon law in the development of this highly artificial legal device. Presumptions may even be proof of a sophisticated jurisprudence. Without a dogmatic model in Roman law, the decretals started to collect presumptions and develop a doctrinal system of different sorts and grades. These collections not only led to famous works by Alciato, Menochius, and Mascardus; they also led to the recognition of inherent difficulties: A judicature based on a system of presumptions transfers prejudices

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