The concept of prima facie is a legal term that has become increasingly used in philosophical debates as well. Primarily, it means a “first impression” or “at first sight”, and is used to refer to a case where the facts appear to be correct and sufficient to justify a particular conclusion (Green, 2014). This article will discuss the meaning of prima facie, its application in the legal system, and its use in philosophical debates.
The Latin phrase “prima facie” was first used in law to refer to evidence that is sufficient to demonstrate the probability of a fact or conclusion (Green, 2014). In the context of criminal law, prima facie is used to refer to evidence that is sufficient to make a case against an accused person (McGowan, 2016). For example, if a person is charged with murder and there is evidence of a confession, this would be seen as prima facie evidence that the person is guilty of the crime.
Prima facie is also used in the legal system to refer to a burden of proof. In civil cases, a prima facie case is one in which the facts presented by the plaintiff are sufficient to prove the plaintiff’s case without further evidence or argument (McGowan, 2016). In criminal cases, a prima facie case is one in which the prosecution must present sufficient evidence to convince a jury beyond a reasonable doubt that the accused is guilty (Green, 2014).
In philosophical debates, the concept of prima facie is used to refer to a conclusion that is accepted as true on the basis of initial evidence or arguments (McGowan, 2016). For example, if a philosopher argues that an action is wrong, then this would be considered a prima facie case for the action being wrong. This means that the argument is accepted as true until it is challenged or proven wrong.
In conclusion, the phrase “prima facie” refers to evidence or arguments that are accepted as true on the basis of initial evidence or arguments. This concept is used in the legal system to refer to evidence or a burden of proof, and in philosophical debates as a way to refer to a conclusion that is accepted as true until it is challenged or proven wrong.
References
Green, C. (2014). Prima facie: Definition, examples, cases. Retrieved from https://www.law.cornell.edu/wex/prima_facie
McGowan, A. (2016). Prima facie: What is it? Retrieved from https://www.lawyers.com/legal-info/research/criminal-law/prima-facie-what-is-it.html