presumptionn.

Brit.

/prᵻˈzʌm(p)ʃn/, U.S.

/priˈzəm(p)ʃ(ə)n/,

/prəˈzəm(p)ʃ(ə)n/

Forms: Middle English persumpcion (perhaps transmission error), Middle English presomcion, Middle English presomcioun, Middle English presompcion, Middle English presompsion, Middle English presoumcioun, Middle English presumcion, Middle English presumcioun, Middle English presumcoun, Middle English presumcyon, Middle English presumpcioun, Middle English presumpciun, Middle English presumpcon, Middle English presumpcoun, Middle English presumpcyoun, Middle English presumpsioun, Middle English presumsyon, Middle English prosumpcion (perhaps transmission error), Middle English–1500s presumpcyon, Middle English–1600s presumpcion, Middle English– presumption, 1500s persumtion (perhaps transmission error), 1500s presumsion, 1500s presumtyon, 1500s–1600s praesumption, 1500s–1600s presumtion; Scottish pre-1700 praesumption, pre-1700 praesumptione, pre-1700 praesumptioun, pre-1700 presumcion, pre-1700 presumcioune, pre-1700 presumpcion, pre-1700 presumpcione, pre-1700 presumpcioun, pre-1700 presumpcoun, pre-1700 presumpsione, pre-1700 presumptione, pre-1700 presumptioun, pre-1700 presumptioune, pre-1700 presumptiowne, pre-1700 presumptyoune, pre-1700 presumptyown, pre-1700 presumptyowne, pre-1700 presumtione, pre-1700 presumtioun, pre-1700 1700s– presumption. N.E.D.(1908) also records forms early Middle English presumciun, Middle English presumcyoun, Middle English presumcyoune, Middle English presumpscione.

Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French presumcioun, presompcion; Latin praesumptiōn-, praesumptiō.

Etymology: < Anglo-Norman presumcioun, presumpcion, presumpcioun, presumpsion, presumption, presumptioun and Old French, Middle French presompcion, presumpcion, Middle French presumption (French présomption ) presumptuous action (c1170), overconfident opinion of oneself (end of the 12th cent.), supposition, conjecture, opinion based solely on inferences (c1200), unlawful seizure, usurpation (1212 or earlier in Anglo-Norman), supposition that the court allows or requires to be made (1283) and its etymon classical Latin praesumptiōn-, praesumptiō anticipation, presupposition, in post-classical Latin also preconceived opinion (late 2nd cent. in Tertullian), confidence, audacity (late 2nd or early 3rd cent. in Tertullian), audacious action, effrontery, action of seizing in advance (5th cent.), disobedience, misdeed (8th cent.), usurpation (early 12th cent. in a British source: see below); (in legal use) supposition that the court allows or requires to be made (frequently from 12th cent. in British sources) < praesumpt- , past participial stem of praesūmere presume v. + -iō -ion suffix¹. Compare Old Occitan presumptio, prezomcio, prezumcio (late 13th cent.; Occitan presompcion), Catalan presumpció (late 13th cent., earliest in legal use), Spanish presunción (mid 13th cent.), Portuguese presunção (13th cent. as †presunções (plural)), Italian presunzione opinion, conjecture (first half of the 13th cent.), arrogance, overconfidence (a1294; a1292 in sense ‘unjustified attribution of other people's merits to oneself’).It is unclear whether the forms with initial per- and pro- show variants, transmission errors, or instances of prefix substitution; compare Old Occitan prozomtio temerity. With sense 2 compare the following example of post-classical Latin praesumptio in a British source in this sense:a1118 Leges Hen. I x. §1 in L. J. Downer Leges Henrici Primi (1972) 108 Premeditatus assultus; robaria; stretbreche; presumptio terre uel peccunie regis.With presumption of fact n. at Phrases, presumption of law n. at Phrases compare post-classical Latin praesumptio facti, praesumptio juris (both late 12th cent. in a British source).

1. The taking upon oneself of more than is warranted by one's ability, position, right, etc.; forward or overconfident conduct or opinion; arrogance, effrontery, pride; an act, instance, or state of presumption, arrogance, or overconfidence.

ΘΚΠ

the mind > emotion > pride > overweening or presumption > [noun]

presumptiona1250

overweena1300

jollitya1340

overweening1340

overhopec1390

surfeitryc1425

presumptuousnessa1450

outrecuidance?c1450

sauciness1534

presumptiousness1550

presume1590

confidence1597

assuming1602

self-assumption1609

overweeningness1621

self-assuming1644

assumingnessa1832

assumptiousness1870

hubris1884

hybris1920

the mind > mental capacity > belief > supposition, surmise > taking for granted, presumption > [noun]

presumptiona1250

presuppositiona1533

sumption1572

assuming1602

supposition1603

postulation1648

assumption1656

positing1854

a1250 (?a1200) Ancrene Riwle (Titus) (1963) 67 Nis hit te spece of prude þat ich clepede presumpcion?

1340 Ayenbite (1866) 17 Þe þridde [boȝ of prede is] ouerweninge, þet we clepeþ presumcion.

Remonstr. against Romish Corruptions (Titus) (1851) 131 (MED) To compel alle cristen men for to beliue stedefastly ech determinacioun of the church of Rome..is a blinde and open presumption of Lucifer and antichrist.

c1425 J. Lydgate Troyyes Bk. (Augustus A.iv) ii. 5018 (MED) For to..discriue hir bewte vp and doun, It were in soþe a presumpcioun, To take on me now so gret a þing.

c1450 Jacob's Well (1900) 69 (MED) Þis wose of pride has viij cornerys..Þe first is presumpcyoun, þat is, whan þou puttyst þe forth in prise in presens of þe peple ferthere þan oþere don..demyng þi-self strengere, wysere, hardyere, worthyere þan an-oþer.

a1500 (?a1450) Gesta Romanorum (BL Add. 9066) (1879) xxiii. 78 Thou shalt go to my lord, and there thou shalt aunswere of thyn presumpcion.

1535 Bible (Coverdale) 2 Sam. vi. 7 God smote him there because of his presumpcion, so that he dyed there besyde the Arke of God.

1582 R. Mulcaster 1st Pt. Elementarie ix. 48 Vane presumption plaing the peicok.

a1616 W. Shakespeare All's Well that ends Well (1623) ii. i. 151 But most it is presumption in vs, when The help of heauen we count the act of men.

1642 Sir T. Browne Religio Medici (new ed.) 22 To pry into the maze of his Counsels, is not only folly in Man, but presumption in Angels.

1693 W. Penn Some Fruits of Solitude §448. 128 It is as great Presumption to send our Passions upon God's Errands, as it is to palliate them with God's Name.

1722 D. Defoe Jrnl. Plague Year 126 How much better this Poor Man's Foundation was on which he staid in the Danger, than mine..mine was meer Presumption.

1789 W. Belsham Ess. II. xli. 544 It would be great presumption in me to attempt a reply.

1790 A. Smith Theory Moral Sentiments (ed. 6) II. vi. §iii. 147 The wisest and best of us all, can..discover no ground for arrogance and presumption, but a great deal for humility, regret and repentance.

1831 M. W. Shelley Frankenstein (rev. ed.) vii. 65 Did any one indeed exist..who would believe..in the existence of the living monument of presumption and rash ignorance which I had let loose upon the world?

1843 C. Dickens Martin Chuzzlewit (1844) x. 124 I hope it is no presumption to say that I..would bear anything whatever!

1875 H. E. Manning Internal Mission of Holy Ghost iv. 107 Presumption is a confidence founded upon ourselves.

1925 W. Cather Professor's House ii. vi. 239 I cursed his stupidity and presumption.

1965 D. M. Frame Montaigne xi. 187 His fear that his readers may consider any trivial talk of self a proof of presumption.

1992 Rev. Eng. Stud. 43 186 Aquinas, in discussing the sin of presumption (excessive pride) where the sinner trusts too much in his or her own strength and not enough in God's, notes a specious similarity between hope and presumption.

†2. Seizure and occupation without right; usurpation of an office, position, etc. Cf. presume v. 4c. Obsolete.

ΘΚΠ

the mind > possession > taking > taking possession > [noun] > appropriation > without right

presumptiona1387

usurpationc1420

presumptuositya1450

usurpmenta1470

usurping1521

usurpa1647

usurpature1845

society > authority > office > accession or entering upon office or authority > [noun] > presumptuous assumption of office

presumptuositya1450

presumption1565

society > law > rule of law > lawlessness > specific offences > [noun] > illegal assumption of authority

presumptuositya1450

usurpmenta1470

usurpation1470

usurping1521

presumption1565

usurpa1647

rebuttable presumption1837

a1387 J. Trevisa tr. R. Higden Polychron. (St. John's Cambr.) (1879) VII. 337 (MED) Þan kyng William his dedes..[beeþ] worþy to be i-preved for ensample of fre and lordliche herte; þat was i-seide trespas of presumcioun [L. præsumptionis].

?a1475 (?a1425) tr. R. Higden Polychron. (Harl. 2261) (1869) II. 147 (MED) So that peple, of robbers made inhabitatores, occupiede the northe partes of Briteyne thro presumpcion [L. usurpatas sedes aquilonales tenuerunt].

1565 T. Harding Confut. Apol. Church of Eng. vi. xix. f. 333 In their presumption of that office they are not duly called vnto.

1809–10 S. T. Coleridge Friend (1844) I. 34 An office which cannot be procured gratis. The industry, necessary for the due exercise of its functions, is its purchase-money: and the absence..of the same..implies a presumption in the literal..sense of the word.

a. The action of taking for granted or presuming something; assumption, expectation, supposition; an instance of this; a belief based on available evidence.

ΘΚΠ

the mind > mental capacity > belief > supposition, surmise > taking for granted, presumption > [noun] > instance of

presumptionc1390

presuppositiona1533

presupposal1573

sumption1656

c1390 G. Chaucer Melibeus 2598 By certeyne presumpcions and coniectynges, I holde and bileue that god..hath suffred this bityde by iuste cause resonable.

a1400 (a1325) Cursor Mundi (Vesp.) 27800 (MED) O þis [sloth] bicums presumpcion, Þat es, hoping of vnreson.

c1400 (a1376) W. Langland Piers Plowman (Trin. Cambr. R.3.14) (1960) A. xi. 42 Þei..putte forþ presumpcioun [c1400 C text presompcions] to proue þe soþe.

c1480 (a1400) St. Andrew 981 in W. M. Metcalfe Legends Saints Sc. Dial. (1896) I. 91 Þat sal al Il presumpcione exclud and all suspicione.

1533 T. More Debellacyon Salem & Bizance ii. xv. f. xxxvii^v A man may some tyme be so suspecte of felony by reason of sore presumpcyons, y^t though no man saw hym doe yt,..yet may he be founden gyltye of yt.

1597 T. Morley Plaine & Easie Introd. Musicke 150 Others haue done the contrary, rather vpon a presumption then any reason which they haue to doe so.

?a1603 E. Grymeston Miscelanea (1604) xiv. sig. H2 The longer we delay to shew our vertue, the stronger is the presumption that we are guiltie of base beginning.

1662 J. Davies tr. A. Olearius Voy. & Trav. J. Albert de Mandelslo 230 in Voy. & Trav. Ambassadors They..never order any to be tortured, but upon very great presumptions.

1747 W. Gould Acct. Eng. Ants 53 It will be proper to shew on what Presumptions it is grounded.

1788 A. Hamilton Federalist Papers lxi. 181 The presumption is that they are rather the cavilling refinements of a predetermined opposition, than the wellfounded inferences of a candid research after truth.

1798 J. S. Murray Traveller Returned i. 118 You wear your country's uniform, and it is a fair presumption that you will emulate her virtues.

1838 A. De Morgan Ess. Probabilities 91 We do not know the contents of the urn, but only the result of a certain number of drawings, from which we can draw presumptions..about the whole contents.

1881 B. F. Westcott & F. J. A. Hort New Test. in Orig. Greek II. Introd. i. 5 The..presumption that a relatively late text is likely to be a relatively corrupt text.

1902 W. James Varieties Relig. Experience xx. 490 A presumption easily arises in his mind that any belief that is religious probably is false.

1952 A. M. Smith Manures & Fertilisers vi. 154 The presumption of Wagner that the solvent action of a 2 per cent solution of citric acid on basic slag under standard conditions was equal to the effect of acid compounds in the soil.

1991 P. James et al. Cent. of Darkness (1992) viii. 164 Objections to this theory on chronological grounds have sometimes gone hand in hand with the presumption that the biblical narrative is discredited by its miraculous elements.

2003 Amateur Gardening 24 May 59/2 In the later stages of infestation there may even be signs of webbing—often leading to the presumption that spiders are involved.

b. Law. A supposition that the court allows or requires to be made. See presumption of fact n., presumption of law n. at Phrases.

ΚΠ

1429–30 Acts Parl. Scotl. (1814) II. 19/2 Sa that the party playntife mak prufe..of the violent presumpcion..be his athe.

1568 in Cal. State Papers Scotl. (1900) II. 555 Articles contenyng certane conjectouris, presumptionis, likliehoodis and circumstances [concerning Darnley's murder].

1647 in Sc. Hist. Rev. 4 26 Bot be reason of sundrie presumptions though not proven to inact himself as followeth.

1682 Kirkcudbright Town Council Rec. 13 Sept. Finding severall presumtiones of basnes evidenced aganst Marioune Heughane.

1707 H. Dodwell Further Prospect of Case in View 64 They know our Legal Presumptions concerning Wills not clearly express'd, that they suppose the Testator a Good Man, and to mean as he ought to mean if he would approve himself to be so.

1766 W. Blackstone Comm. Laws Eng. II. ix. 146 Having sown the land, which is for the good of the public, upon a reasonable presumption, the law will not suffer him to be a loser by it.

1819 Times 31 Aug. 3/1 The law was this;—You are to create no obstruction... But if you have created an obstruction more than 20 years ago without any interruption or challenge, a legal presumption arises that you had my consent.

1835 J. F. Cooper Monikins II. v. 86 It is of no moment whether a person has a memory, if he cannot use it, and, in such a case, the legal presumption is, that he is without a memory.

1871 Times 1 Apr. 9/5 It was the presumption of the law that any act of the wife done in the presence of her husband was done under his control; but..this presumption might be rebutted by any evidence of her separate and independent action in the matter.

1905 S. E. L. D. Baldwin Amer. Judiciary i. iv. 60 The nature of a legal presumption, also, had been misconceived by several American courts. It had been treated as evidence of facts.

1951 N. Morris Habitual Criminal i. iii. 181 Palpably corrigible recidivists have frequently to be sentenced under a legal presumption of incorrigibility.

1991 Internat. Jrnl. Law & Family 5 218 The primary caretaking theory..theoretically treats the parents equally, although in fact, the mother turns out to be the primary caretaker in most cases. It is so appealing that it has won the status of a legal presumption in at least two states.

2005 N.Y. Law Jrnl. (Nexis) 19 Sept. 19 There is no presumption in law that consumption of alcohol over a course of any particular time period is the equivalent of intoxication.

4. Grounds or reason for presuming or believing; presumptive evidence; an instance of this.

ΘΚΠ

the mind > attention and judgement > testing > attestation, witness, evidence > [noun] > evidence given, testimony > based on probability or circumstances

likelinessc1450

likelihood1541

presumption1592

circumstantial evidence1736

presumptive evidence1766

indirect evidence1824

1592 A. Day 2nd Pt. Eng. Secretorie sig. C3^v, in Eng. Secretorie (rev. ed.) If you will now aske me what presumptions I haue then to charge him, more then another..I will aunswere yee.

1658 J. Bramhall Consecration Protestant Bishops Justified vi. 132 If the strongest presumtions in the world may have any place.

?1714 Brief Acct. of Dispensary (Royal Coll. of Physicians of London) 2 The quantity of the sort call'd simply by the name made by the Wholesale Apothecaries, very much exceeds the quantity of that, which they call the Best, and demand the highest price for. Which is a strong presumption, that the worst sort, because of the lowness of the price, is most called for.

1771 ‘Junius’ Stat Nominis Umbra (1772) II. xliv. 162 The presumption is strongly against them.

1837 H. Hallam Introd. Lit. Europe I. iv. 439 There seems strong internal presumption..against the authenticity of these epistles.

1880 Carpenter in 19th Cent. Apr. 614 The presumption is altogether very strong, that these vast masses have originally formed part of a great ice-sheet, formed by the cumulative pressure of successive snow-falls.

1909 Times 9 Jan. 4/4 There is a strong presumption that many of the immigrants have remained here to nest in recent years.

1955 G. Gorer Exploring Eng. Char. xiv. 249 If the children say prayers at any other time than before going to bed it is a strong presumption that the parents themselves are actively religious.

2003 Bank of Canada Rev. (Nexis) Autumn 13 Although it is difficult to determine precisely the respective contributions of cyclical and structural factors to the increased participation of the 55 and over age group, there is a strong presumption that its rise is largely structural.

Phrases

Law.

presumption of law n. a supposition that the law requires to be made.Presumptions of law may be rebuttable or irrebuttable.

ΘΚΠ

society > law > jurisprudence > [noun] > inference or presumption

presumption of law1607

presumption of innocence1730

presumption of fact1827

1607 J. Cowell Interpreter at Forsechoke The tenent..doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them.

a1626 F. Bacon Elements Common Lawes (1630) 29 So great a perturbation of the iudgement and reason as in presumption of law mans nature cannot overcome.

1651 T. Hobbes Leviathan ii. xxvi. 145 This..is no Law of England; nor is the condemnation grounded upon a Presumption of Law, but upon the Presumption of the Judges.

1844 S. Greenleaf Law Evid. I. iv. §14. 75 Presumptions of Law consist of those rules, which, in certain cases, either forbid or dispense with any ulterior inquiry.

1895 Pitt-Taylor's Law Evid. (ed. 9) I. v. 69 Presumptive evidence is usually divided into two branches, namely, presumptions of law, and presumptions of fact. Presumptions of law consist of those rules, which, in certain cases, either forbid or dispense with any ulterior inquiry. Presumptions of law are sub-divided into two classes, namely, conclusive and disputable.

1938 L. H. Laing & N. MacKenzie Canada & Law of Nations e 343 This treaty confirming the presumption of law that the right of navigation is common to them both.

2002 N. Jayawickrama Judicial Applic. Human Rights Law iii. xv. 536 In many legal systems the operation of presumptions of law or fact have been considered necessary for the effective administration of criminal justice.

presumption of innocence n. an assumption that a person is not guilty of an alleged crime; (chiefly Criminal Law) the fundamental principle and legal requirement that a defendant must be presumed innocent, and treated as such, until proven guilty.

ΘΚΠ

society > law > jurisprudence > [noun] > inference or presumption

presumption of law1607

presumption of innocence1730

presumption of fact1827

1730 W. Forbes Inst. Law Scotl. II. i. 111 The Presumption of Innocence lies in Favour of the Deceast, that he was deceitfully killed.

1820 N. Amer. Rev. July 122 There are several cases in which persons charged with manslaughter have been bailed, where there has been no presumption of innocence.

1849 J. P. Kennedy Mem. Life of William Wirt (1851) II. xvii. 283 The accused having..the legal presumption of innocence on his side, must continue to be presumed innocent until some act shall be adduced which is entirely inconsistent with such presumption, and consistent only with the presumption of guilt.

1896 Amer. Jrnl. Sociol. 1 788 The ‘presumption of innocence’ should be diminished in case of confirmed criminals.

1913 M. Dana Within Law xvi. 210 The Inspector spoke the simple truth as he knew it from years of experience. The theory of the law is that a presumption of innocence exists until the accused is proven guilty. But the police are out of sympathy with such finical methods.

1949 P. W. Tappan Juvenile Delinquency ix. 205 In England the child-defendant enjoys the full normal trial rights of the criminal law, with its presumption of innocence and the requirement of proof beyond a reasonable doubt.

1992 Independent 28 Oct. 1/5 The judge said: ‘There is a principle in Scotland known as the presumption of innocence.’

presumption of advancement n. an assumption that if a person makes a voluntary transfer to, or purchases property in the name of, another (typically a spouse or child), the property is intended as a gift for the benefit of the recipient, not held in trust for the person who makes the transfer or purchase.

ΚΠ

1820 H. Jeremy Analyt. Digest Rep. Courts Common Law, & Equity MDCCCIX 39/1 To repel the presumption of advancement, there must be either a custom controlling the effect of such a purchase, or cotemporaneous evidence of a different intention.

1890 Times 5 Mar. 3/3 His Lordship's opinion was that the presumption of advancement which might otherwise have come under consideration was rebutted, and that the son held the shares as trustee.

1937 Univ. Toronto Law Jrnl. 2 65 If the third person is the spouse or child of the purchaser, or someone to whom he stands in loco parentis, there is a presumption of advancement.

1997 R. Chambers Resulting Trusts i. 28 It is well settled that a father's provision of property to his child gives rise to a presumption of advancement.

2007 Edmonton (Alberta) Sun (Nexis) 1 Dec. 80 Most often the presumption of advancement applies to gifts from one spouse to another or from a parent to a child.

presumption of fact n. a supposition that the law allows to be made; the inference of a fact not itself known for certain, but based on certainly known facts, which the jury is at liberty but not compelled to draw.

ΘΚΠ

society > law > jurisprudence > [noun] > inference or presumption

presumption of law1607

presumption of innocence1730

presumption of fact1827

1827 J. H. Mathews Treat. Doctr. Presumption i. 1 Presumptions of fact are conclusions drawn from particular circumstances.

1877 F. Wharton Law of Evid. II. §1226. 440 A presumption of fact is a logical argument from a fact to a fact; or..it is an argument which infers a fact otherwise doubtful, from a fact which is proved.

1956 T. O. Elias Nature of Afr. Customary Law xii. 256 If the case were properly probed, the basis of the elders' decision would be found to be a rebuttable but unrebutted presumption of fact against the man.

2001 J. G. Collier Conflict of Laws (ed. 3) i. vi. 61 This question is complicated by the existence of presumptions in English and foreign laws. These may be presumptions of law... Or they may be presumptions of fact, such as the presumption of sanity.

This entry has been updated (OED Third Edition, March 2007; most recently modified version published online June 2022).

单词	presumption
释义	presumptionn. Brit. /prᵻˈzʌm(p)ʃn/, U.S. /priˈzəm(p)ʃ(ə)n/, /prəˈzəm(p)ʃ(ə)n/ Forms: Middle English persumpcion (perhaps transmission error), Middle English presomcion, Middle English presomcioun, Middle English presompcion, Middle English presompsion, Middle English presoumcioun, Middle English presumcion, Middle English presumcioun, Middle English presumcoun, Middle English presumcyon, Middle English presumpcioun, Middle English presumpciun, Middle English presumpcon, Middle English presumpcoun, Middle English presumpcyoun, Middle English presumpsioun, Middle English presumsyon, Middle English prosumpcion (perhaps transmission error), Middle English–1500s presumpcyon, Middle English–1600s presumpcion, Middle English– presumption, 1500s persumtion (perhaps transmission error), 1500s presumsion, 1500s presumtyon, 1500s–1600s praesumption, 1500s–1600s presumtion; Scottish pre-1700 praesumption, pre-1700 praesumptione, pre-1700 praesumptioun, pre-1700 presumcion, pre-1700 presumcioune, pre-1700 presumpcion, pre-1700 presumpcione, pre-1700 presumpcioun, pre-1700 presumpcoun, pre-1700 presumpsione, pre-1700 presumptione, pre-1700 presumptioun, pre-1700 presumptioune, pre-1700 presumptiowne, pre-1700 presumptyoune, pre-1700 presumptyown, pre-1700 presumptyowne, pre-1700 presumtione, pre-1700 presumtioun, pre-1700 1700s– presumption. N.E.D.(1908) also records forms early Middle English presumciun, Middle English presumcyoun, Middle English presumcyoune, Middle English presumpscione. Origin: Of multiple origins. Partly a borrowing from French. Partly a borrowing from Latin. Etymons: French presumcioun, presompcion; Latin praesumptiōn-, praesumptiō. Etymology: < Anglo-Norman presumcioun, presumpcion, presumpcioun, presumpsion, presumption, presumptioun and Old French, Middle French presompcion, presumpcion, Middle French presumption (French présomption ) presumptuous action (c1170), overconfident opinion of oneself (end of the 12th cent.), supposition, conjecture, opinion based solely on inferences (c1200), unlawful seizure, usurpation (1212 or earlier in Anglo-Norman), supposition that the court allows or requires to be made (1283) and its etymon classical Latin praesumptiōn-, praesumptiō anticipation, presupposition, in post-classical Latin also preconceived opinion (late 2nd cent. in Tertullian), confidence, audacity (late 2nd or early 3rd cent. in Tertullian), audacious action, effrontery, action of seizing in advance (5th cent.), disobedience, misdeed (8th cent.), usurpation (early 12th cent. in a British source: see below); (in legal use) supposition that the court allows or requires to be made (frequently from 12th cent. in British sources) < praesumpt- , past participial stem of praesūmere presume v. + -iō -ion suffix¹. Compare Old Occitan presumptio, prezomcio, prezumcio (late 13th cent.; Occitan presompcion), Catalan presumpció (late 13th cent., earliest in legal use), Spanish presunción (mid 13th cent.), Portuguese presunção (13th cent. as †presunções (plural)), Italian presunzione opinion, conjecture (first half of the 13th cent.), arrogance, overconfidence (a1294; a1292 in sense ‘unjustified attribution of other people's merits to oneself’).It is unclear whether the forms with initial per- and pro- show variants, transmission errors, or instances of prefix substitution; compare Old Occitan prozomtio temerity. With sense 2 compare the following example of post-classical Latin praesumptio in a British source in this sense:a1118 Leges Hen. I x. §1 in L. J. Downer Leges Henrici Primi (1972) 108 Premeditatus assultus; robaria; stretbreche; presumptio terre uel peccunie regis.With presumption of fact n. at Phrases, presumption of law n. at Phrases compare post-classical Latin praesumptio facti, praesumptio juris (both late 12th cent. in a British source). 1. The taking upon oneself of more than is warranted by one's ability, position, right, etc.; forward or overconfident conduct or opinion; arrogance, effrontery, pride; an act, instance, or state of presumption, arrogance, or overconfidence. ΘΚΠ the mind > emotion > pride > overweening or presumption > [noun] presumptiona1250 overweena1300 jollitya1340 overweening1340 overhopec1390 surfeitryc1425 presumptuousnessa1450 outrecuidance?c1450 sauciness1534 presumptiousness1550 presume1590 confidence1597 assuming1602 self-assumption1609 overweeningness1621 self-assuming1644 assumingnessa1832 assumptiousness1870 hubris1884 hybris1920 the mind > mental capacity > belief > supposition, surmise > taking for granted, presumption > [noun] presumptiona1250 presuppositiona1533 sumption1572 assuming1602 supposition1603 postulation1648 assumption1656 positing1854 a1250 (?a1200) Ancrene Riwle (Titus) (1963) 67 Nis hit te spece of prude þat ich clepede presumpcion? 1340 Ayenbite (1866) 17 Þe þridde [boȝ of prede is] ouerweninge, þet we clepeþ presumcion. Remonstr. against Romish Corruptions (Titus) (1851) 131 (MED) To compel alle cristen men for to beliue stedefastly ech determinacioun of the church of Rome..is a blinde and open presumption of Lucifer and antichrist. c1425 J. Lydgate Troyyes Bk. (Augustus A.iv) ii. 5018 (MED) For to..discriue hir bewte vp and doun, It were in soþe a presumpcioun, To take on me now so gret a þing. c1450 Jacob's Well (1900) 69 (MED) Þis wose of pride has viij cornerys..Þe first is presumpcyoun, þat is, whan þou puttyst þe forth in prise in presens of þe peple ferthere þan oþere don..demyng þi-self strengere, wysere, hardyere, worthyere þan an-oþer. a1500 (?a1450) Gesta Romanorum (BL Add. 9066) (1879) xxiii. 78 Thou shalt go to my lord, and there thou shalt aunswere of thyn presumpcion. 1535 Bible (Coverdale) 2 Sam. vi. 7 God smote him there because of his presumpcion, so that he dyed there besyde the Arke of God. 1582 R. Mulcaster 1st Pt. Elementarie ix. 48 Vane presumption plaing the peicok. a1616 W. Shakespeare All's Well that ends Well (1623) ii. i. 151 But most it is presumption in vs, when The help of heauen we count the act of men. View more context for this quotation 1642 Sir T. Browne Religio Medici (new ed.) 22 To pry into the maze of his Counsels, is not only folly in Man, but presumption in Angels. 1693 W. Penn Some Fruits of Solitude §448. 128 It is as great Presumption to send our Passions upon God's Errands, as it is to palliate them with God's Name. 1722 D. Defoe Jrnl. Plague Year 126 How much better this Poor Man's Foundation was on which he staid in the Danger, than mine..mine was meer Presumption. 1789 W. Belsham Ess. II. xli. 544 It would be great presumption in me to attempt a reply. 1790 A. Smith Theory Moral Sentiments (ed. 6) II. vi. §iii. 147 The wisest and best of us all, can..discover no ground for arrogance and presumption, but a great deal for humility, regret and repentance. 1831 M. W. Shelley Frankenstein (rev. ed.) vii. 65 Did any one indeed exist..who would believe..in the existence of the living monument of presumption and rash ignorance which I had let loose upon the world? 1843 C. Dickens Martin Chuzzlewit (1844) x. 124 I hope it is no presumption to say that I..would bear anything whatever! 1875 H. E. Manning Internal Mission of Holy Ghost iv. 107 Presumption is a confidence founded upon ourselves. 1925 W. Cather Professor's House ii. vi. 239 I cursed his stupidity and presumption. 1965 D. M. Frame Montaigne xi. 187 His fear that his readers may consider any trivial talk of self a proof of presumption. 1992 Rev. Eng. Stud. 43 186 Aquinas, in discussing the sin of presumption (excessive pride) where the sinner trusts too much in his or her own strength and not enough in God's, notes a specious similarity between hope and presumption. †2. Seizure and occupation without right; usurpation of an office, position, etc. Cf. presume v. 4c. Obsolete. ΘΚΠ the mind > possession > taking > taking possession > [noun] > appropriation > without right presumptiona1387 usurpationc1420 presumptuositya1450 usurpmenta1470 usurping1521 usurpa1647 usurpature1845 society > authority > office > accession or entering upon office or authority > [noun] > presumptuous assumption of office presumptuositya1450 presumption1565 society > law > rule of law > lawlessness > specific offences > [noun] > illegal assumption of authority presumptuositya1450 usurpmenta1470 usurpation1470 usurping1521 presumption1565 usurpa1647 rebuttable presumption1837 a1387 J. Trevisa tr. R. Higden Polychron. (St. John's Cambr.) (1879) VII. 337 (MED) Þan kyng William his dedes..[beeþ] worþy to be i-preved for ensample of fre and lordliche herte; þat was i-seide trespas of presumcioun [L. præsumptionis]. ?a1475 (?a1425) tr. R. Higden Polychron. (Harl. 2261) (1869) II. 147 (MED) So that peple, of robbers made inhabitatores, occupiede the northe partes of Briteyne thro presumpcion [L. usurpatas sedes aquilonales tenuerunt]. 1565 T. Harding Confut. Apol. Church of Eng. vi. xix. f. 333 In their presumption of that office they are not duly called vnto. 1809–10 S. T. Coleridge Friend (1844) I. 34 An office which cannot be procured gratis. The industry, necessary for the due exercise of its functions, is its purchase-money: and the absence..of the same..implies a presumption in the literal..sense of the word. 3. a. The action of taking for granted or presuming something; assumption, expectation, supposition; an instance of this; a belief based on available evidence. ΘΚΠ the mind > mental capacity > belief > supposition, surmise > taking for granted, presumption > [noun] > instance of presumptionc1390 presuppositiona1533 presupposal1573 sumption1656 c1390 G. Chaucer Melibeus 2598 By certeyne presumpcions and coniectynges, I holde and bileue that god..hath suffred this bityde by iuste cause resonable. a1400 (a1325) Cursor Mundi (Vesp.) 27800 (MED) O þis [sloth] bicums presumpcion, Þat es, hoping of vnreson. c1400 (a1376) W. Langland Piers Plowman (Trin. Cambr. R.3.14) (1960) A. xi. 42 Þei..putte forþ presumpcioun [c1400 C text presompcions] to proue þe soþe. c1480 (a1400) St. Andrew 981 in W. M. Metcalfe Legends Saints Sc. Dial. (1896) I. 91 Þat sal al Il presumpcione exclud and all suspicione. 1533 T. More Debellacyon Salem & Bizance ii. xv. f. xxxvii^v A man may some tyme be so suspecte of felony by reason of sore presumpcyons, y^t though no man saw hym doe yt,..yet may he be founden gyltye of yt. 1597 T. Morley Plaine & Easie Introd. Musicke 150 Others haue done the contrary, rather vpon a presumption then any reason which they haue to doe so. ?a1603 E. Grymeston Miscelanea (1604) xiv. sig. H2 The longer we delay to shew our vertue, the stronger is the presumption that we are guiltie of base beginning. 1662 J. Davies tr. A. Olearius Voy. & Trav. J. Albert de Mandelslo 230 in Voy. & Trav. Ambassadors They..never order any to be tortured, but upon very great presumptions. 1747 W. Gould Acct. Eng. Ants 53 It will be proper to shew on what Presumptions it is grounded. 1788 A. Hamilton Federalist Papers lxi. 181 The presumption is that they are rather the cavilling refinements of a predetermined opposition, than the wellfounded inferences of a candid research after truth. 1798 J. S. Murray Traveller Returned i. 118 You wear your country's uniform, and it is a fair presumption that you will emulate her virtues. 1838 A. De Morgan Ess. Probabilities 91 We do not know the contents of the urn, but only the result of a certain number of drawings, from which we can draw presumptions..about the whole contents. 1881 B. F. Westcott & F. J. A. Hort New Test. in Orig. Greek II. Introd. i. 5 The..presumption that a relatively late text is likely to be a relatively corrupt text. 1902 W. James Varieties Relig. Experience xx. 490 A presumption easily arises in his mind that any belief that is religious probably is false. 1952 A. M. Smith Manures & Fertilisers vi. 154 The presumption of Wagner that the solvent action of a 2 per cent solution of citric acid on basic slag under standard conditions was equal to the effect of acid compounds in the soil. 1991 P. James et al. Cent. of Darkness (1992) viii. 164 Objections to this theory on chronological grounds have sometimes gone hand in hand with the presumption that the biblical narrative is discredited by its miraculous elements. 2003 Amateur Gardening 24 May 59/2 In the later stages of infestation there may even be signs of webbing—often leading to the presumption that spiders are involved. b. Law. A supposition that the court allows or requires to be made. See presumption of fact n., presumption of law n. at Phrases. ΚΠ 1429–30 Acts Parl. Scotl. (1814) II. 19/2 Sa that the party playntife mak prufe..of the violent presumpcion..be his athe. 1568 in Cal. State Papers Scotl. (1900) II. 555 Articles contenyng certane conjectouris, presumptionis, likliehoodis and circumstances [concerning Darnley's murder]. 1647 in Sc. Hist. Rev. 4 26 Bot be reason of sundrie presumptions though not proven to inact himself as followeth. 1682 Kirkcudbright Town Council Rec. 13 Sept. Finding severall presumtiones of basnes evidenced aganst Marioune Heughane. 1707 H. Dodwell Further Prospect of Case in View 64 They know our Legal Presumptions concerning Wills not clearly express'd, that they suppose the Testator a Good Man, and to mean as he ought to mean if he would approve himself to be so. 1766 W. Blackstone Comm. Laws Eng. II. ix. 146 Having sown the land, which is for the good of the public, upon a reasonable presumption, the law will not suffer him to be a loser by it. 1819 Times 31 Aug. 3/1 The law was this;—You are to create no obstruction... But if you have created an obstruction more than 20 years ago without any interruption or challenge, a legal presumption arises that you had my consent. 1835 J. F. Cooper Monikins II. v. 86 It is of no moment whether a person has a memory, if he cannot use it, and, in such a case, the legal presumption is, that he is without a memory. 1871 Times 1 Apr. 9/5 It was the presumption of the law that any act of the wife done in the presence of her husband was done under his control; but..this presumption might be rebutted by any evidence of her separate and independent action in the matter. 1905 S. E. L. D. Baldwin Amer. Judiciary i. iv. 60 The nature of a legal presumption, also, had been misconceived by several American courts. It had been treated as evidence of facts. 1951 N. Morris Habitual Criminal i. iii. 181 Palpably corrigible recidivists have frequently to be sentenced under a legal presumption of incorrigibility. 1991 Internat. Jrnl. Law & Family 5 218 The primary caretaking theory..theoretically treats the parents equally, although in fact, the mother turns out to be the primary caretaker in most cases. It is so appealing that it has won the status of a legal presumption in at least two states. 2005 N.Y. Law Jrnl. (Nexis) 19 Sept. 19 There is no presumption in law that consumption of alcohol over a course of any particular time period is the equivalent of intoxication. 4. Grounds or reason for presuming or believing; presumptive evidence; an instance of this. ΘΚΠ the mind > attention and judgement > testing > attestation, witness, evidence > [noun] > evidence given, testimony > based on probability or circumstances likelinessc1450 likelihood1541 presumption1592 circumstantial evidence1736 presumptive evidence1766 indirect evidence1824 1592 A. Day 2nd Pt. Eng. Secretorie sig. C3^v, in Eng. Secretorie (rev. ed.) If you will now aske me what presumptions I haue then to charge him, more then another..I will aunswere yee. 1658 J. Bramhall Consecration Protestant Bishops Justified vi. 132 If the strongest presumtions in the world may have any place. ?1714 Brief Acct. of Dispensary (Royal Coll. of Physicians of London) 2 The quantity of the sort call'd simply by the name made by the Wholesale Apothecaries, very much exceeds the quantity of that, which they call the Best, and demand the highest price for. Which is a strong presumption, that the worst sort, because of the lowness of the price, is most called for. 1771 ‘Junius’ Stat Nominis Umbra (1772) II. xliv. 162 The presumption is strongly against them. 1837 H. Hallam Introd. Lit. Europe I. iv. 439 There seems strong internal presumption..against the authenticity of these epistles. 1880 Carpenter in 19th Cent. Apr. 614 The presumption is altogether very strong, that these vast masses have originally formed part of a great ice-sheet, formed by the cumulative pressure of successive snow-falls. 1909 Times 9 Jan. 4/4 There is a strong presumption that many of the immigrants have remained here to nest in recent years. 1955 G. Gorer Exploring Eng. Char. xiv. 249 If the children say prayers at any other time than before going to bed it is a strong presumption that the parents themselves are actively religious. 2003 Bank of Canada Rev. (Nexis) Autumn 13 Although it is difficult to determine precisely the respective contributions of cyclical and structural factors to the increased participation of the 55 and over age group, there is a strong presumption that its rise is largely structural. Phrases Law. presumption of law n. a supposition that the law requires to be made.Presumptions of law may be rebuttable or irrebuttable. ΘΚΠ society > law > jurisprudence > [noun] > inference or presumption presumption of law1607 presumption of innocence1730 presumption of fact1827 1607 J. Cowell Interpreter at Forsechoke The tenent..doth in due presumption of lawe disavow or forsake whatsoeuer right he hath vnto them. a1626 F. Bacon Elements Common Lawes (1630) 29 So great a perturbation of the iudgement and reason as in presumption of law mans nature cannot overcome. 1651 T. Hobbes Leviathan ii. xxvi. 145 This..is no Law of England; nor is the condemnation grounded upon a Presumption of Law, but upon the Presumption of the Judges. 1844 S. Greenleaf Law Evid. I. iv. §14. 75 Presumptions of Law consist of those rules, which, in certain cases, either forbid or dispense with any ulterior inquiry. 1895 Pitt-Taylor's Law Evid. (ed. 9) I. v. 69 Presumptive evidence is usually divided into two branches, namely, presumptions of law, and presumptions of fact. Presumptions of law consist of those rules, which, in certain cases, either forbid or dispense with any ulterior inquiry. Presumptions of law are sub-divided into two classes, namely, conclusive and disputable. 1938 L. H. Laing & N. MacKenzie Canada & Law of Nations e 343 This treaty confirming the presumption of law that the right of navigation is common to them both. 2002 N. Jayawickrama Judicial Applic. Human Rights Law iii. xv. 536 In many legal systems the operation of presumptions of law or fact have been considered necessary for the effective administration of criminal justice. presumption of innocence n. an assumption that a person is not guilty of an alleged crime; (chiefly Criminal Law) the fundamental principle and legal requirement that a defendant must be presumed innocent, and treated as such, until proven guilty. ΘΚΠ society > law > jurisprudence > [noun] > inference or presumption presumption of law1607 presumption of innocence1730 presumption of fact1827 1730 W. Forbes Inst. Law Scotl. II. i. 111 The Presumption of Innocence lies in Favour of the Deceast, that he was deceitfully killed. 1820 N. Amer. Rev. July 122 There are several cases in which persons charged with manslaughter have been bailed, where there has been no presumption of innocence. 1849 J. P. Kennedy Mem. Life of William Wirt (1851) II. xvii. 283 The accused having..the legal presumption of innocence on his side, must continue to be presumed innocent until some act shall be adduced which is entirely inconsistent with such presumption, and consistent only with the presumption of guilt. 1896 Amer. Jrnl. Sociol. 1 788 The ‘presumption of innocence’ should be diminished in case of confirmed criminals. 1913 M. Dana Within Law xvi. 210 The Inspector spoke the simple truth as he knew it from years of experience. The theory of the law is that a presumption of innocence exists until the accused is proven guilty. But the police are out of sympathy with such finical methods. 1949 P. W. Tappan Juvenile Delinquency ix. 205 In England the child-defendant enjoys the full normal trial rights of the criminal law, with its presumption of innocence and the requirement of proof beyond a reasonable doubt. 1992 Independent 28 Oct. 1/5 The judge said: ‘There is a principle in Scotland known as the presumption of innocence.’ presumption of advancement n. an assumption that if a person makes a voluntary transfer to, or purchases property in the name of, another (typically a spouse or child), the property is intended as a gift for the benefit of the recipient, not held in trust for the person who makes the transfer or purchase. ΚΠ 1820 H. Jeremy Analyt. Digest Rep. Courts Common Law, & Equity MDCCCIX 39/1 To repel the presumption of advancement, there must be either a custom controlling the effect of such a purchase, or cotemporaneous evidence of a different intention. 1890 Times 5 Mar. 3/3 His Lordship's opinion was that the presumption of advancement which might otherwise have come under consideration was rebutted, and that the son held the shares as trustee. 1937 Univ. Toronto Law Jrnl. 2 65 If the third person is the spouse or child of the purchaser, or someone to whom he stands in loco parentis, there is a presumption of advancement. 1997 R. Chambers Resulting Trusts i. 28 It is well settled that a father's provision of property to his child gives rise to a presumption of advancement. 2007 Edmonton (Alberta) Sun (Nexis) 1 Dec. 80 Most often the presumption of advancement applies to gifts from one spouse to another or from a parent to a child. presumption of fact n. a supposition that the law allows to be made; the inference of a fact not itself known for certain, but based on certainly known facts, which the jury is at liberty but not compelled to draw. ΘΚΠ society > law > jurisprudence > [noun] > inference or presumption presumption of law1607 presumption of innocence1730 presumption of fact1827 1827 J. H. Mathews Treat. Doctr. Presumption i. 1 Presumptions of fact are conclusions drawn from particular circumstances. 1877 F. Wharton Law of Evid. II. §1226. 440 A presumption of fact is a logical argument from a fact to a fact; or..it is an argument which infers a fact otherwise doubtful, from a fact which is proved. 1956 T. O. Elias Nature of Afr. Customary Law xii. 256 If the case were properly probed, the basis of the elders' decision would be found to be a rebuttable but unrebutted presumption of fact against the man. 2001 J. G. Collier Conflict of Laws (ed. 3) i. vi. 61 This question is complicated by the existence of presumptions in English and foreign laws. These may be presumptions of law... Or they may be presumptions of fact, such as the presumption of sanity. This entry has been updated (OED Third Edition, March 2007; most recently modified version published online June 2022). < n.a1250
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