Evidence and Truth: Antagonism or Only Difficulties?

Centro de Investigação de Direito Privado (CIDP) Research Paper No. 04/2024

This article has been previously published in Revista Jurídica Portucalense (RJP) 35, Jan-Jun (2024) 1-21

19 Pages Posted: 11 Mar 2024

Date Written: March 7, 2024

Abstract

Regarding the duality between proof and truth, it is important to know whether the search for truth, the susceptibility of achieving the veracity of facts is possible. Therefore, in addition to the distribution of the burden of proof and the assessment of evidence, it is important to pay attention to the available methodologies. Namely the judgment of likelihood, the maxims of experience, as a mechanism linked to hypothetical judgments, the degrees of proof or evidentiary standards, corresponding to levels of probability. In fact, regarding standards, they can be rigid or flexible and assume a quantitative orientation of probabilities that allows a level of evidentiary conviction. On the other hand, the mechanism of probabilistic methods has generated criticism and the preference for explanationism or relative plausibility.

Keywords: Proof, True, Veracity, Evidentiary Valuation, Likelihood, Experience Maximums, Degrees of Proof, Probationary Standards, Relative Plausibility

Suggested Citation

Bonifácio Ramos, José Luís, Evidence and Truth: Antagonism or Only Difficulties? (March 7, 2024). Centro de Investigação de Direito Privado (CIDP) Research Paper No. 04/2024, This article has been previously published in Revista Jurídica Portucalense (RJP) 35, Jan-Jun (2024) 1-21, Available at SSRN: https://ssrn.com/abstract=4751300 or http://dx.doi.org/10.2139/ssrn.4751300

José Luís Bonifácio Ramos (Contact Author)

Faculty of Law of the University of Lisbon ( email )

Alameda da Universidade, Cidade Universitária
Lisbon, 1649-014
Portugal

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