Holmes-Pollock Letters The Correspondence of Mr. Justice

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In such a system, particularly in its historically early stages, the process of altering the facts is far easier than the process of altering the rules, and is more frequently undertaken. As negotiators often have little authority they often find it prudent to maintain a negative attitude. The inclusivist thesis is actually groping towards an important, but different, truth. The presumption that all offspring of a married woman are the issue of her husband arose not from the conversion of an assertion, but rather from an argument of policy: that the law presumes legitimacy in order to avoid the high social costs of permitting parties to attempt proof of bastardy. {n10} Presumptions are ordinarily divided into the rebuttable and the irrebuttable.

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Publisher: Harvard U.P. (January 1, 1941)

ISBN: B000VL4G6C

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