Law and Philosophy 3 (3):355 - 374 (1984)
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.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
A Modest Notion of Coherence in Legal Reasoning. A Model for the European Court of Justice.Leonor Moral Soriano - 2003 - Ratio Juris 16 (3):296-323.
Minimal Semantics and Legal Interpretation.Izabela Skoczeń - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (3):615-633.
Similar books and articles
The Defeasible Nature of Coherentist Justification.Staffan Angere - 2007 - Synthese 157 (3):321 - 335.
Fumerton on Coherence Theories.Laurence BonJour - 1994 - Journal of Philosophical Research 19:103-108.
The Role of Coherence in Epistemic Justification.T. Shogenji - 2001 - Australasian Journal of Philosophy 79 (1):90 – 106.
On Universal Relevance in Legal Reasoning.Barbara Baum Levenbook - 1984 - Law and Philosophy 3 (1):1 - 23.
Justification, Coherence, and Epistemic Responsibility in Legal Fact-Finding.Amalia Amaya - 2008 - Episteme 5 (3):pp. 306-319.
Formal Models of Coherence and Legal Epistemology.Amalia Amaya - 2007 - Artificial Intelligence and Law 15 (4):429-447.
Added to index2009-01-28
Total downloads62 ( #85,031 of 2,172,833 )
Recent downloads (6 months)1 ( #324,903 of 2,172,833 )
How can I increase my downloads?