In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis (...) of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making. (shrink)

This book explores the relevance of virtue theory to law from a variety of perspectives. The concept of virtue is central in both contemporary ethics and epistemology. In contrast, in law, there has not been a comparable trend toward explaining normativity on the model of virtue theory. In the last few years, however, there has been an increasing interest in virtue theory among legal scholars. 'Virtue jurisprudence' has emerged as a serious candidate for a theory of law and adjudication. Advocates (...) of virtue jurisprudence put primary emphasis on aretaic concepts rather than on duties or consequences. Aretaic concepts are, on this view, crucial for explaining law and adjudication. This book is a collection of essays examining the role of virtue in general jurisprudence as well as in specific areas of the law. Part I puts together a number of papers discussing various philosophical aspects of an approach to law and adjudication based on the virtues. Part II discusses the relationship between law, virtue and character development, with some of the essays selected analysing this relationship by combining both eastern perspectives on virtue and character with western approaches. Parts III and IV examine problems of substantive areas of law, more specifically, criminal law and evidence law, from within a virtue-based framework. Last, Part V discusses the relevance of empathy to our understanding of justice and legal morality. (shrink)

The aim of this essay is to develop a coherence theory for the justification of evidentiary judgments in law. The main claim of the coherence theory proposed in this article is that a belief about the events being litigated is justified if and only if it is a belief that an epistemically responsible fact finder might hold by virtue of its coherence in like circumstances. The article argues that this coherentist approach to evidence and legal proof has the resources to (...) meet some of the main objections that may be addressed against attempts to analyze the justification of evidentiary judgments in law in coherentist terms. It concludes by exploring some implications of the proposed version of legal coherentism for a jurisprudence of evidence. (shrink)

This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the (...) coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof. (shrink)

This paper articulates an egalitarian conception of judicial humility and justifies its value on the grounds that it importantly advances the legal and political ideal of fraternity. This account of the content and value of the virtue of humility stands in sharp contrast with the dominant view of judicial humility as deference or judicial restraint. The paper concludes by discussing some ways in which the account of humility and of its value provided in the paper furthers our understanding of the (...) judicial virtues and of the political implications of giving virtue a role in adjudication. (shrink)

This paper examines the concept of coherence and its role in legal reasoning. First, it identifies some problem areas confronting coherence theories of legal reasoning about both disputed questions of fact and disputed questions of law. Second, with a view to solving these problems, it proposes a coherence model of legal reasoning. The main tenet of this coherence model is that a belief about the law and the facts under dispute is justified if it is “optimally coherent,” that is, if (...) it is such that an epistemically responsible legal decision-maker would have accepted it as justified by virtue of its coherence in like circumstances. Last, looking beyond the coherence theory, the paper explores the implications of the version of legal coherentism proposed for a general theory of legal reasoning and rationality. (shrink)

This paper argues that formal models of coherence are useful for constructing a legal epistemology. Two main formal approaches to coherence are examined: coherence-based models of belief revision and the theory of coherence as constraint satisfaction. It is shown that these approaches shed light on central aspects of a coherentist legal epistemology, such as the concept of coherence, the dynamics of coherentist justification in law, and the mechanisms whereby coherence may be built in the course of legal decision-making.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

This paper develops a virtue-account of legal reasoning which significantly differs from standard, principle-based, theories. A virtue approach to legal reasoning highlights the relevance of the particulars to sound legal decision-making, brings to light the perceptual and affective dimensions of legal judgment, and vindicates the relevance of description and specification to good legal reasoning. After examining the central features of the theory, the paper proposes a taxonomy of the main character traits that legal decision-makers need to possess to successfully engage (...) in legal reasoning. The paper concludes by discussing an array of strategies in legal education, institutional design, and legal culture that can be put in place to work virtue in legal decision-making. (shrink)

This short piece is the introduction to the Special Issue on ‘Virtue and the Law’ published by Jurisprudence in March 2019 (vol 9, issue 1). It explains the scope of the project and its place in the unfolding of virtue jurisprudence that has occurred in the past few decades, as well as introducing the topics addressed in the volume. In the first couple of pages the authors/editors outline a very brief genealogy of virtue jurisprudence and of its relation to both (...) legal theory and virtue theory. The rest of the text presents the contributions to the volume in turn, identifying some of the substantive issues addressed by each of them and their place in the investigation of the interface between virtue theory and legal theory. (shrink)

EspañolEl libro de Lucy conecta magistralmente las tesis jurídicas y filosóficas en discusión con un sólido conocimiento de las áreas doctrinales, mostrando cómo las reivindicaciones presentadas inciden en los problemas reales y urgentes que enfrenta la práctica jurídica. El libro también proporciona una discusión refrescantemente amplia de algunos valores jurídicos fundamentales.InglésLucy’s book stands out as an exception to this state of affairs in that it masterfully connects the legal and philosophical theses under discussion with a solid knowledge of doctrinal areas, (...) showing how the claims advanced bear on the real, pressing, problems facing legal practice. The book also departs from the ‘you’d better know a lot about a little’ kind of approach that is characteristic of analytic philosophy of law and provides a refreshingly broad discussion of some fundamental legal values.FrancésLe livre de Lucy relie magistralement les thèses juridiques et philosophiques en discussion à une solide connaissance des domaines doctrinaux, en montrant comment les revendications présentées affectent les problèmes réels et urgents auxquels la pratique juridique est confrontée. Le livre propose également une discussion complète et rafraîchissante de certaines valeurs juridiques fondamentales.PortuguésO livro do Lucy conecta com maestria as teses jurídicas e filosóficas em discussão com um sólido conhecimento das áreas doutrinárias, mostrando como as reivindicações apresentadas afetam os problemas reais e urgentes da prática jurídica. O livro também oferece uma discussão refrescantemente abrangente de alguns valores jurídicos essenciais.ChinoLucy的书巧妙地将典型领域正在讨论的法律和哲学论断与该领域的共识联系起来，显示出索赔申请如何影响法律实践中所面临的现实和紧急问题。 该书还提供了一些核心法律价值的令人耳目一新的全面讨论。. (shrink)

La presente contribución recoge el diálogo mantenido entre distintos filósofos del Derecho a propósito de la última obra del Profesor Massimo La Torre “Il diritto contro se stesso. Saggio sul positivismo giuridico e la sua crisi”. Al hilo del trabajo del citado autor, los participantes reflexionan sobre preguntas centrales para la teoría y filosofía del Derecho contemporánea: ¿cuál es la naturaleza del Derecho? ¿es el razonamiento jurídico eminentemente moral? ¿qué lugar debe ocupar la práctica jurídica en su conceptualización? ¿qué lugar (...) ocupa la fuerza en el Derecho? (shrink)

This chapter examines coherentist approaches to the justification of normative judgments in law. First, it provides a survey of the main approaches to normative coherence defended in the literature on legal coherentism and discusses the principal objections that threaten to undermine the coherence theory of legal justification. One problem with coherentism, namely the problem of the coherence bias, has not, however, received enough attention in the literature. This chapter states this problem in detail and argues that a modified version of (...) legal coherentism—namely virtue coherentism—has the resources to address this problem. The chapter then engages in a second-order debate about the relevance of coherence in justification by inquiring into the reasons why coherence is worth pursuing when reasoning in law. Finally, this chapter concludes by assessing the value and limits of coherentist reasoning in the legal domain. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 7-23, October 2021.

En los últimos años, ha habido un creciente interés en analizar los problemas relativos a la epistemología de la prueba jurídica. En distintas culturas jurídicas, las cuestiones de prueba y razonamiento acerca de los hechos han sido abordadas desde diversas perspectivas. La cultura jurídica latinoamericana no es, en este sentido, una excepción: hay actualmente un vigoroso grupo de juristas en la región que se ha ocupado de estudiar problemas relativos a los procesos probatorios en el Derecho...

Según Manuel Atienza, la teoría de la argumentación jurídica se tiene que ocupar de responder tres preguntas: cómo analizar una argumentación, cómo evaluarla y cómo argumentar. Esta concepción de la teoría de la argumentación jurídica es, sin embargo, demasiado restrictiva. Además de proporcionar una respuesta adecuada a estas preguntas, una teoría de la argumentación jurídica debe ocuparse también de la cuestión de qué virtudes debe tener un juez para hacer buenas argumentaciones. La teoría de la argumentación jurídica está, por ello, (...) íntimamente vinculada con una teoría de la ética judicial. According to Manuel Atienza, a theory of legal reasoning should give an answer to the following three questions: how to analyze an argumentation, how to evaluate it, and how to argue. This conception of the theory of legal reasoning is, however, too restrictive. in addition to providing a sound answer to these questions, a theory of legal reasoning should also give us an answer to the question of which judicial virtues are necessary to make good arguments. A theory of legal reasoning is thus intimately linked to a theory of judicial ethics. (shrink)

This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good (...) life and the role that the law plays wherein. The outcome of this piece of practical reasoning is a judgment about what ought to be done, the rightness of which depends, on the proposed model, on whether it is a judgment that a virtuous person would characteristically do in the circumstances. This model, it is argued, has distinctive features that set it apart from some prominent accounts of the normativity of law. It may, however, be disqualified as a plausible alternative account of the normativity of law on the grounds that it fails to provide action-guidance. The last part of the paper responds to this objection in a way that unveils the relevance of the social dimensions of virtue to law’s normativity. (shrink)

What is the role and value of virtue, emotion and imagination in law and legal reasoning? These new essays, by leading scholars of both law and philosophy, offer striking and exploratory answers to this neglected question. The collection takes a holistic approach, inquiring as to the connections and relations between virtue, emotion and imagination. In addition to the principal focus on adjudication, essays in the collection also engage with a variety of different legal, political and moral contexts: eg criminal law (...) sentencing, the Black Lives Matter movement and professional ethics. A number of different areas of the law are addressed and the issues explored include: the benefits and limits of empathy in legal reasoning; the role of attention and perception in judicial reasoning;, the identification of judicial virtues and judicial vices ; the values and dangers of certain imaginative devices ; and the interactive and social dimensions of virtue, emotion and imagination. (shrink)

En su libro The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role in Legal Argument,1 Amalia Amaya argumenta las ventajas de adoptar una postura coherentista en el derecho. Concretamente, su tesis principal es la siguiente...

It is becoming increasingly clear that repetitive DNA is of biological significance as well as experimental importance. Here we review the information available about one type of repetitive DNA, the trinucleotide repeat (CAC)n, and briefly compare it with other trinucleotide repeats. Although much work has been done in analysing DNA fingerprinting patterns produced using the synthetic oligonucleotide (CAC)5 as a probe, there is relatively little information about individual (CAC)n‐containing sequences and their abundance, organisation and distribution in mammalian DNA. From the (...) data that is available, it is clear that there are at least two areas that should repay further study: (1) the organisation and generation of long sequences that contain (CAC)n motifs as part of a larger repeating unit (minisatellites) and (2) the distribution of small (CAC)n sequences (microsatellites), in particular their relationship to genes. (shrink)

En este artículo se sostiene que existe una primacía de la práctica y la acción sobre el conocimiento intelectual y la contemplación. Si esta tesis fuese falsa, no resulta comprensible por qué la prudencia y el hombre prudente son la virtud suprema y el modelo de la vida buena en Aristóteles. La cuestión inicial es 1) ¿Cómo entender la racionalidad del deseo o qué significa deseo razonado?, y esto implica dos cuestiones adicionales: 2) ¿Qué es el silogismo práctico y qué (...) relación tiene con la recta razón? y 3) ¿cuál es la relación entre el razonamiento práctico, la prudencia y el hombre prudente? Estas cuestiones son analizadas para establecer algunas de las semejanzas y diferencias entre el silogismo práctico , los diversos tipos de inferencias prácticas y otros tipos de razonamientos, tratando de mostrar la relación que existe entre la formación del carácter o modo de ser, la recta razón y el silogismo práctico. (shrink)

Companies that are serious about corporate governance and business ethics are turning their attention to gender diversity at the most senior levels of business . Board gender diversity has been the subject of several studies carried out by international organizations such as Catalyst , the World Economic Forum , and the European Board Diversity Analysis . They all lead to reports confirming the overall relatively low proportion of women on boards and the slow pace at which more women are being (...) appointed. Furthermore, the proportion of women on corporate boards varies much across countries. Based on institutional theory, this study hypothesizes and tests whether this variation can be attributed to differences in cultural settings across countries. Our analysis of the representation of women on boards for 32 countries during 2010 reveals that two cultural characteristics are indeed associated with the observed differences. We use the cultural dimensions proposed by Hofstede to measure this construct. Results show that countries which have the greatest tolerance for inequalities in the distribution of power and those that tend to value the role of men generally exhibit lower representations of women on boards. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

Studies have shown that students may feel emotional discomfort when they are asked to identify ethical problems which they have encountered during their training. Teachers in medical ethics, however, more often focus on the cognitive and rational ethical aspects and not much on students’ emotions. The purpose of this qualitative study was to explore students’ feelings and emotions when dealing with ethical problems during their clinical training and explore differences between two countries: Indonesia and the Netherlands. We observed a total (...) of eighteen ethics group discussions and interviewed fifteen medical students at two medical schools. Data were interpreted and analyzed using content analysis. We categorized students’ negative emotions based on their objects of reflection and came up with three categories: emotions concerning their own performance, emotions when witnessing unethical behaviors, and emotions related to barriers and limitations of their working environment. Our study suggests that addressing emotional responses in a culturally sensitive way is important to develop students’ self-awareness. Teachers should be able to guide students to reflect on and be critical of their own thoughts and emotions, to understand their own moral values, especially when confronted with other individuals. (shrink)

The first studies that sought to establish two-way communication between humans and great apes led to important findings but were nevertheless heavily criticized for their training methods, testing procedures, and claims. More recently, hundreds of pet owners around the world have begun training domesticated animals to use Augmentative Interspecies Communication (AIC) soundboard devices, contributing to the first ever large-scale study on interspecies communication. Here, we introduce our scientific approach to our global citizen science project, where we will investigate how dogs (...) and cats use AIC devices, building an incremental research program starting from their associative learning of buttons to determining how AIC device use might impact their welfare and their capacity for symbolic representation. We discuss how our multi-faceted approach can alleviate many of the concerns regarding the original studies performed with apes, achieving larger sample sizes, ample documentation of training techniques, and testing animals’ performance in controlled experimental settings. (shrink)

Considerar el Derecho como" objeto de estudio" no parece comportar ninguna novedad, sobre todo si nos ubicamos en un ambiente académico. De hecho, se da por sentado que, en efecto, el Derecho puede ser ese "objeto" por todos aquellos que escogen como área de formación profesional lo jurídico. El ejercicio que se lleva a cabo sobre él se torna casi siempre repetitivo y memorístico, pero pronto se aprende que, en la práctica, el resultado de erudición que ello produce rendirá buenos (...) frutos mañana. El estudiante "aprende derecho" apropiándose una terminología y adquiriendo la habilidad de ponerla en acto cuando sea el momento oportuno, haciendo así uso de una técnica que, sin embargo, no siempre producirá los resultados esperados. Una "técnica" cargada de albur. Las más de las veces, el ya profesional del derecho se consuela de sus tropiezos y fracasos "reconociendo" que "no siempre se tiene la razón" -en el mejor de los casos-, o acusando a propios y extraños de hacer un uso manipulativo o injusto de la herramienta. Se sabe que, además de lo competido que es el campo, se encuentra plagado de incertidumbres por la enorme carga de "subjetividad" que supone no solo su aplicación, sino la creación misma de sus componentes. (shrink)

The purpose of this paper is to compare disagreement in two different WhatsApp groups: one for members of the same family, and another for work colleagues. After the analysis, 427 instances of disagreement were identified in the family group, and 161 in the interactions between work colleagues. The most common strategy in both corpora is ‘Giving opposite opinions’. Nevertheless, the rest of the results present very significant dissimilarities, most notably the higher presence of disagreement in the family WhatsApp group. This (...) higher tolerance for disagreement is corroborated by the choice of linguistic strategies made. Whereas the family members tended to give emotional or personal reasons for disagreement, as well as negative comments on the topic, the colleagues preferred to express their disagreement with mitigating expressions and token agreement. Thus, in the corpora studied, the expression of disagreement seems to be less face threatening for family members than for work colleagues. (shrink)