ON WHAT A PRESUMPTION IS. A PRAGMATIC APPROACH IN ROMANIAN LAW

Alina Gioroceanu
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Alina Gioroceanu: University of Craiova

Social Sciences and Education Research Review, 2023, vol. 10, issue 2, 158-168

Abstract: In this short think-piece, I propose a link between judicial presumptions and pragmatic inferences by reference to the already classical theory of implicatures and presuppositions. Important, however, from the point of view of legal reasoning, remains the act of presuming, which will be treated trough the grid of the theory initiated by Ch. Peirce, as a type of abduction. I argue, in fact, that a presumption is a hypothesis, not a conclusion, and it marks a stage of interpretation.

Keywords: Presumption; implicature; presupposition; abduction; pragmatic; law (search for similar items in EconPapers)
JEL-codes: K41 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:edt:jsserr:v:10:y:2023:i:2:p:158-168

DOI: 10.5281/zenodo.15254257

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