Conceptions of Evidence. A Remark on Michele Taruffo's "Algunas consideraciones sobre la relación entre prueba y verdad"

Abstract

The aims of my comment are twofold. First, to highlight that, in addition to the persuasive and cognitive conceptions of evidence highlighted by Taruffo, a third conception can be identified that, regarding the rationality of the judicial decision, is close to the persuasive one and/or is as pernicious as it is. Second, that this approach is reflected above all at the level of motivation: in both cases, there is a reduction - if not a complete avoidance - in the justification requirements.