[WP2] Evidence and the law

WP leader: Jordi Ferrer (UdG)

The philosophy of evidence law standardly distinguishes between four levels of study. The first clarifies key notions, at work inside and outside the law, such as those of evidence, proof, burden of proof, expert testimony, and standard of proof. The second level studies evidential reasoning and factual argumentation. The third level is clearly institutional and studies the legal regulation of evidence in judicial proceedings. The fourth, normative level engages in debates in political and moral philosophy about, inter alia, the scope to be afforded to the right to remain silent or the most suitable distribution of risk of error in certain types of proceedings. While all four levels are interrelated, it is useful to respect their clear differences in order to focus perspective and shape discussion beyond the confines of the actual legal tradition.