Prezumţiile în arhitectura logicii juridice

Lect. univ. dr. Codrin CODREA

Facultatea de Drept, Universitatea "Alexandru Ioan Cuza" din Iaşi

Presumptions in the architecture of legal logic

Abstract

In this article I aim to capture the complexity of presumptions through the prism of their double logical-legal dimension: both as premises for various inferences used by the legislator, parties and court alike, and as evidence in the procedural game. This duality of presumptions requires, on the one hand, the analysis of the components of classical formal logic, relevant in detecting the rational core of presumptions in their understanding and application, and, on the other hand, the elements of probability logic involved in their concrete evaluation and justification. The compass of the analysis therefore covers the role of inferences in the construction and application of presumptions, and their conditions and effects as evidence. The article provides stable anchors in support of the idea that...