Proof Beyond Belief
The book assumes a rational conception of proof and contributes a missing piece in its construction: a general theory of standards of proof, their functions, the manner in which they ought to be formulated, and their connection to due process and the duty to give reasons for judicial decisions. The reader will find a line of argument rich in suggestions on many evidentiary topics related to standards of proof, soundly grounded and supported by an extensive body of international scholarship and case-law. Particularly significant is the analytical perspective drawn from the tradition of civilian law countries. The book's core ideas are: 1) the justificatory irrelevance of the fact-finder's conviction or beliefs; 2) the methodological criteria for the correct formulation of standards of proof; 3) the political-moral considerations involved in determining the level of exactingness of each standard of proof; and 4) the idea that the duty to give reasons is not a substitute for the need to have standards of proof but rather, on the contrary, presupposes that such standards are in place. The book aims to ground a general theory of standards of proof that goes beyond the differences inherent to common law and civil law systems, and that cuts across both civil and criminal jurisdictions.
Jordi Ferrer-Beltrán is Associate Professor of Philosophy of Law at the University of Girona and founder and director of the Chair in Legal Culture at the same institution. He has been invited to deliver courses and lectures in more than twenty countries. His main research interests focus on the structure of legal systems and the role and nature of power-conferring rules, the structure of legal reasoning—particularly evidentiary reasoning—and the principles of constitutional orders, with special emphasis on legal certainty and fundamental rights. In addition to dozens of articles published in leading international journals and edited volumes in multiple languages, he has authored and edited several influential books.