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- Barbara Baum Levenbook (1984). The Role of Coherence in Legal Reasoning. Law and Philosophy 3 (3):355 - 374.Many contemporary philosophers of law agree that a necessary condition for a decision to be legally justified, even in a hard case, is that it coheres with established law. Some, namely Sartorius and Dworkin, have gone beyond that relatively uncontroversial claim and described the role of coherence in legal justification as analogous to its role in moral and scientific justification, on contemporary theories. In this, I argue, they are mistaken. Specifically, coherence in legal justification is sometimes specific to a branch of law, and there is nothing isomorphic to this in the models of moral and scientific justification. Although Dworkin and Sartorius rely on the concept of coherence, they do not explicate it. In the course of examining their views, this essay offers a partial analysis of coherence on their models. Finally, two canons of relevance, governing when global coherence considerations are appropriate to legal justification, are presented.
Similar books and articles
Erik Olsson’s Against Coherence: Truth, Probability, and Justification is an important contribution to the growing literature on Bayesian coherentism. The book applies the formal theory of probability to issues of coherence in two contexts. One is the philosophical debate over radical skepticism, and the other is common sense and scientific reasoning. As the title of the book suggests, Olsson’s view about coherence is negative on both accounts. With regard to radical skepticism, Olsson states that “the connection between coherence and truth is […] too weak to allow coherence to play the role it is supposed to play in a convincing response to radical scepticism.” (viii) Olsson also states, with regard to common sense and scientific reasoning, that “there is no way to specify an informative notion of coherence that would allow us to draw even the minimal conclusion that more coherence means a higher likelihood of truth other things being equal”. (viii) I want to begin with the second point, which is the more surprising of the two.
The impossibility results of Bovens and Hartmann (2003, Bayesian epistemology. Oxford: Clarendon Press) and Olsson (2005, Against coherence: Truth, probability and justification. Oxford: Oxford University Press.) show that the link between coherence and probability is not as strong as some have supposed. This paper is an attempt to bring out a way in which coherence reasoning nevertheless can be justified, based on the idea that, even if it does not provide an infallible guide to probability, it can give us an indication thereof. It is further shown that this actually is the case, for several of the coherence measures discussed in the literature so far. We also discuss how this affects the possibility to use coherence as a means of epistemic justification.
I argue that while Fumerton’s criticisms of pure coherence theories of truth are both important and extremely cogent, their application both to the main historical views usually identified as coherence theories of truth, viz. the views of the absolute idealists, and to contemporary anti-realism is more problematic. In addition, while Fumerton is again undeniably correct in his objection to pure coherence theories of justification, an impure coherence theory of justification may still be defensible.
No categories
Among many reasons for which contemporary philosophers take coherentism in epistemology seriously, the most important is probably the perceived inadequacy of alternative accounts, most notably misgivings about foundationalism. But coherentism also receives straightforward support from cases in which beliefs are apparently justified by their coherence. From the perspective of those against coherentism, this means that an explanation is needed as to why in these cases coherence apparently justifies beliefs. Curiously, this task has not been carried out in a serious way in the anti-coherentist literature although there is no scarcity of objections to coherentism. The traditional charge has been that justification by coherence is circular. More recently the isolation problem allegedly reveals that coherentism justifies beliefs that should not be justified. Questions have also been raised with respect to the basing relation and feasibility.1 However, these objections do not explain why some beliefs appear to be justified by their coherence. This paper fills this gap in the anti-coherentist literature by offering a noncoherentist account of justification by coherence. The paper proceeds as follows. Section I delineates the framework of discussion and develops some conceptual tools needed in later analyses. Section II argues that there are genuine cases of an increase in existing empirical justification by coherence, but that it does not require coherence to generate additional justification—coherence serves as a channel of justification among beliefs, which is no more problematic than channeling of justification from basic to derived beliefs in foundationalism. Section III makes a stronger case for justification by coherence, where each of the coherent beliefs has no independent empirical justification; but Section IV argues that even in these cases coherence need not generate justification—coherence licenses the channeling of justification from outside sources..
No categories
I argue that the analysis most capable of systematising our intuitions about coherence as a relation is one according to which a set of beliefs, A, coheres with another set, B, if and only if the set-theoretical union of A and B is a coherent set. The second problem I consider is the role of coherence in epistemic justification. I submit that there are severe problems pertaining to the idea, defended most prominently by Keith Lehrer, that justification amounts to coherence with an acceptance system. Instead I advance a more dynamic approach according to which the problem of justification is the problem of how to merge new information with old coherently, a process which is seen to be closely connected with relational coherence.
No categories
I argue that the analysis most capable of systematising our intuitions about coherence as a relation is one according to which a set of beliefs, A, coheres with another set, B, if and only if the set-theoretical union of A and B is a coherent set. The second problem I consider is the role of coherence in epistemic justification. I submit that there are severe problems pertaining to the idea, defended most prominently by Keith Lehrer, that justification amounts to coherence with an acceptance system. Instead I advance a more dynamic approach according to which the problem of justification is the problem of how to merge new information with old coherently, a process which is seen to be closely connected with relational coherence.
The purpose of this essay is to defend a claim that a certain consideration, which I call unworkability, is universally and necessarily relevant to legal reasoning. By that I mean that it is a consideration that must carry legal weight in the justification of some judicial decisions in every legal system in which (1) all disputed matters of law can be adjudicated, and (2) all judicial decisions are to be legally justified. Unworkability's necessary relevance has important implications for a theory of relevance presented by Rolf Sartorius. On this theory, nearly all considerations that are relevant to a judicial decision are supplied by legal principles embedded in the legal rules and decisions, or by extralegal principles dependent, in some way, on the legal principles. (The exceptions to the embedding thesis that Sartorius would, no doubt, recognize are elaborated in the text but can be set aside here.) But there are possible legal systems which do not contain an embedded legal principle concerning unworkability; and nonetheless, unworkability is relevant to judicial reasoning in those systems. Hence, a theory of relevance that relies on principles embedded in the content of rules is too simplistic. Some substantive considerations are relevant for other reasons.
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.
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 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.
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