The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role in Legal ArgumentIn 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. |
Other editions - View all
The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role ... Amalia Amaya No preview available - 2017 |
The Tapestry of Reason: An Inquiry into the Nature of Coherence and its Role ... Amalia Amaya No preview available - 2015 |
Common terms and phrases
abduction accept according alternative analogous argued argument Bayes theorem Bayesian belief revision best explanation BonJour claim cognitive coherence and truth coherence theory coherentism coherentist standards conflict constraint satisfaction constructivism context Davidson degree of coherence DePaul depends discourse coherence discourse interpretation Dworkin elements ence epistemic justification epistemic responsibility epistemology ethical evaluation evidence explanatory coherence externalist fact factual foundationalism foundationalist G�rdenfors goals Goldman holistic Hurley hypotheses ibid incoherence inference kinds of coherence knowledge legal decision-makers legal justification legal reasoning Lehrer logical MacCormick metabeliefs method of reflective moral judgements moral realism normative notion of coherence objection Olsson one’s Oxford Peczenik Philosophy plausibility principle problem proposed propositions question rationality reflective equilibrium relevant requires role specifically standards of justification system of beliefs Thagard theory of coherence theory of discourse theory of justification theory of legal theory of truth tion truth-conduciveness University Press values


