Answers are grounded in this paper and cite their sources.
Is fact-finding susceptible to normative regulation within a procedural system aligned with the rationalist tradition of evidence? Guided by this question, this article examines the possibility of adopting an intermediate system between a free proof system and a legal proof system. In view of the ideal of affording greater legal certainty to fact-finding without constraining judicial reasoning in light of each case, the formulation of norms on fact-finding is presented as a strategic decision (a second-order decision, following Sunstein and Ullmann-Margalit), whose effects must be weighed in light of the aims pursued. A systematization of the normative propositions applicable to fact-finding into four types is then proposed (standards of proof, second-order proof rules, evidence evaluation criteria, and evidence evaluation guidelines), which operate in different evidentiary contexts and perform distinct functions. Finally, examples and a summary chart of the four types are presented. It is hoped that the proposed systematization will contribute to the rationality and legal certainty of fact-finding without resulting in a system of fixed evidentiary weights.
No takes yet. Share an insight, caveat, or question.
Gisela Aguiar Wanderley (2026) studied this question.
Synapse has enriched 10 related papers. Consider them for comparative context: