Notes for a logic of evidence in law

Abstract

Despite the current theoretical developments regarding the proof of facts in law, it is still an open problem to offer an adequate reconstruction of a logic of evidence. This paper presents some preliminary ideas for such a reconstruction. Starting from the assumption that the produc-tion and evaluation of certain evidence in a legal process has already been completed, it examines which candidates would be suitable as basic principles for a logic of evidence. The similarities and differences of the resulting system with other modal logic systems with which it appears to have analogies, in particular alethic logic, deontic logic, epistemic logic, and the logic of truth, are examined.

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