Estándares de suficiencia probatoria, moralidad política y costos de error: el núcleo inconsistente de la epistemología jurídica de Larry Laudan = Standards of Proof, Political Morality, and Cost of Error: The Inconsistent Core of Larry Laudan’s Legal Epistemology
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This article makes explicit a braid of inconsistencies rising
from three argumentative lines that Larry Laudan defends
along his thought regarding legal proof. First, Laudan’s argument criticizing Beyond a Reasonable Doubt (BARD)
formula as an extremally subjective criterion of proof is reconstructed. Second, the article underlines some of his arguments to claim that BARD produces
a huge quantity of guilty defendant’s acquittals. Third, Laudan’s conception of genuine standards of
proof is taken into consideration. After showing an apparent inconsistency between Laudan’s first
and second line of criticism, the paper shows that Laudan’s proposal fails, in part given his own
arguments against BARD. A different direction of solutions will be suggested