Burden of proof and standards of proof: two reminiscences of the past

Abstract

The burden of proof and the standard of proof are two institutions that come from the old system of legal or expressly allowed assessment of evidence, in which they made full sense. However, in the free assessment system, the institution of the burden of proof ceases to be useful, and the standards of proof become simple imitations of the old categories “probatio plena” and “probatio semiplena” that are impossible to objectify. This article provides extensive detail and justification for the above conclusions.