A presumption is a conjecture or suspicion.
Presumption is the action and effect of boasting . This verb is usually used in reference to suspecting or conjecturing something because there are signs or indications for it, although it also has other uses. Said of a person, to boast is to have a high concept of oneself .
For example: “The presumption of innocence is one of the pillars of the judicial system: the judge must prove that an accused is guilty, and not the opposite,” “The manager is not interested in doing a market study: he has the presumption that the product will be a success” , “I don't like artists who always speak with presumption and believe themselves to be more important than they are” .
Etymological origin of the term presumption
You have to go to Latin to find the etymological origin of the term presumption . Thus, we must know that it emanates from the word praesumptio , which is composed of three clearly differentiated parts:
- The prefix pre- , which can be translated as “in front” .
- The verb sumere , which is equivalent to “ take for oneself.”
- The suffix -ción , which is used to indicate “action and effect” .
The presumption of innocence assumes that every person is innocent until proven guilty.
The concept in law
In law , presumption is usually understood as the legal recognition of a certain act or fact until the contrary is proven . This means that an event is understood to be proven by the existence of presuppositions for it. To nullify the presumption, it is necessary to present evidence against it that allows supporting a truth other than the presumed one.
Thus, within the scope of law, we would have to state that there are various types of presumption:
- Presumption of innocence . This term is used to make it clear that a person who has been accused in a criminal case is innocent until, through certain evidence or confessions, the contrary is proven and then confirmed by a final court ruling.
- Absolute presumption . This is all that does not admit any evidence that proves that a fact or situation is false. It is also known as presumption of law or presumption of fact and law.
- Relative presumption . In this case, we would have to say that it is what establishes that a circumstance is considered true until the opposite is proven. It is also called presumption of law or presumption of law alone.
Presumption of innocence
Regarding the presumption of innocence we would have to say that it is not applied in all countries. Specifically, one of those who do bet on it is Spain. We could also emphasize that it is recognized and included in documents such as the Universal Declaration of Human Rights.
You can take the case of a couple that has just had a child. From a legal point of view, paternity of the husband is presumed due to the fact that he is married to the woman who has just given birth. To end this presumption, evidence is needed to support a different paternity. The husband, on the other hand, does not have to present evidence to support his paternity.
The other meaning of the idea of presumption, however, refers to a person who boasts of himself. One person may criticize the conceit of another who talks all day about his or her cooking skills and ability to prepare the best gastronomic dishes.