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burden-of-proof
The obligation to provide sufficient evidence to overturn a presumption, often inversely related to the presumption itself.
1 chapter across 1 book
Epistemology: An Introduction to the Theory of Knowledge (2003)Nicholas Rescher
Chapter 5
Chapter 5 explores the epistemological concept of presumption, framing it as a provisional cognitive resource akin to legal presumptions such as 'innocent until proven guilty.' It distinguishes presumption from knowledge, probability, and assumption by emphasizing its role as a tentative gap-filler in the absence of conclusive evidence, guiding inquiry through practical rationality and situational endorsement. The chapter also discusses the relationship between presumption, plausibility, and burden of proof, highlighting presumption's defeasible and context-dependent nature.