Justification without belief?

Abstract

This paper is motivated by Jordi Ferrer Beltrán’s latest work: Prueba sin convicción. We share his adherence to a rational understanding of proof and the need for objective standards of proof. However, we are critical with respect to the conclusions
he therefrom derives, the duty of duly reasoning corresponding to the judge and the impossibility of control in a jury trial system. We conclude, on the contrary, that the need for objective standards is in fact compatible with the unreasoned verdict of a jury and the possibility of control.