HACIA UN ESTÁNDAR DE PRUEBA CIVIL

Abstract

The standard of proof is the threshold that allows knowing if a story can be considered to be proved within a process. The election of the standard of proof always presumes a normative decision that demands to know the valuable things that will be lost because of a wrong sentence. Here I attempt two rational forms of understanding the eviden- tiary standard: (i) an external approach based on rules of evidential weight related to the pat- tern used by the Chilean justice during the XX century and (ii) an internal approach fi xed on the judge's impartiality and its conviction, in addition of a possible synthesis of both through the strategy of inference to the best explanation. For this analysis I use the example of the case of civil liability and I follow the Anglo-American debate very closely with a desire to contribute to a challenge put off ahead for our administration of justice.