The Uses of Standards of Proof: Between Prototypes and Thresholds

Abstract

This paper examines both the logic structure and the uses of standards of proof (SoP). On the first matter, the paper argues that SoPcan be reconfigured as thresholds or prototypes. On the second matter, it states that SoP are not only used to distribute false positive and false negative type of errors —as the mainstream literature affirms—, but also can influence in the amount of total errors generated in the adjudication system, and they even can shape the way that proven factsare adopted. The functionality of SoP is illustrated with an exercisethat shows their status as prototypes and thresholds.