Although coherence has become one of the key concepts in contemporary legal theory, its meaning is taken almost universally to be elusive, complex and controversial. However, these difficulties are due just to the failure of commentators to distinguish the intension of the notion from other features of its (many) referents in extension. The oversight has caused qualities to be ascribed routinely to coherence that properly attach to various object(s) of which coherence is predicated, and which a theorist happens to have (...) in mind when bringing coherence into view. This conceptual error has significance for the substance of present claims made for the use of the notion in law. Freed from the entanglement, coherence emerges thinner and fitter, better able to be deployed with confidence in legal application. (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)