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
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