Legal Justification by Optimal Coherence

Ratio Juris 24 (3):304-329 (2011)

Authors
Amalia Amaya
National Autonomous University Of Mexico
Abstract
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
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/j.1467-9337.2011.00486.x
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 39,626
Through your library

References found in this work BETA

Inference to the Best Explanation.Peter Lipton - 2004 - Routledge/Taylor and Francis Group.
Intention, Plans, and Practical Reason.Michael Bratman - 1987 - Center for the Study of Language and Information.

View all 87 references / Add more references

Citations of this work BETA

Coherence, Evidence, and Legal Proof.Amalia Amaya - 2013 - Legal Theory 19 (1):1-43.
On the Entanglement of Coherence.Stephen Pethick - 2014 - Ratio Juris 27 (1):116-137.

Add more citations

Similar books and articles

Formal Models of Coherence and Legal Epistemology.Amalia Amaya - 2007 - Artificial Intelligence and Law 15 (4):429-447.
The Role of Coherence in Legal Reasoning.Barbara Baum Levenbook - 1984 - Law and Philosophy 3 (3):355 - 374.
The Role of Coherence in Epistemic Justification.T. Shogenji - 2001 - Australasian Journal of Philosophy 79 (1):90 – 106.
Legal Reasoning and Legal Theory Revisited.F. Atria - 1999 - Law and Philosophy 18 (5):537-577.
The Incoherence of Coherence Theories.Richard Fumerton - 1994 - Journal of Philosophical Research 19:89-102.
Coherentism.Peter Murphy - 2006 - Internet Encyclopedia of Philosophy.

Analytics

Added to PP index
2011-08-09

Total views
79 ( #92,511 of 2,325,955 )

Recent downloads (6 months)
4 ( #420,115 of 2,325,955 )

How can I increase my downloads?

Downloads

My notes

Sign in to use this feature