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

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