On Thresholds, Prototypes and Uses of the Standard of Proof

Abstract

This paper examines Rodrigo Coloma’s “The uses of thestandards of proof”. The analysis of the word «standard» in both ordinary and legal language may shed light on the concept of standard of proof. However, Coloma’s distinction between a quantitative thresholdor a qualitative prototype is problematic. I also find problematic some of the uses of the standards of proof formulated by Coloma. Legal scholars traditionally argue that a subjective standard is not a standard at all. Against this view the paper stresses Susan Haack’s view that the legal standard of proof is in part psychological and in part epistemological.