La justicia, la verdad y la prueba (2016)

Susan Haack, “Justice, Truth, and Proof: Not So Simple, After All” Background: This paper was written for a conference in Girona, Spain, on the work of Italian legal scholar Michele Taruffo—who is celebrated by the evidence group at the University of Girona for his defense of the so-called “rationalist conception of proof.” My paper is in part an attempt to disentangle the many elements that seem to be run together in that conception, and figure out which are defensible, and which not; and at the same time to suggest that his broad comparisons of common-law vs. civil-law evidentiary procedures require much closer attention to the details of how these work in practice. So it is a kind of conversation with Taruffo (and with other legal theorists in Spain, Colombia, Brazil, etc. who share these ideas).