6533b870fe1ef96bd12cf9a7
RESEARCH PRODUCT
On "Coherence" and "Law": An Analysis of Different Models
Aldo Schiavellosubject
Legal reasoningLawField (Bourdieu)NormativeCoherence (statistics)SociologyLawHard coredescription
The aim of this paper is to compare different conceptions of the role of (normative) coherence in the legal field. More precisely, it aims to deepen Neil MacCormick's theory of legal reasoning, in which coherence is essentially considered an interpretative tool, and Ronald Dworkin's legal theory, in which coherence occupies a more crucial place. The main results of this paper can be summarized in two points. A) For Dworkin, coherence is not just an interpretative standard but constitutes the hard core of his theory of law. B) As a consequence of A, Dworkin's reflections on coherence (as an interpretative standard) cannot be separated from his theory of law grounded on the concept of integrity.
year | journal | country | edition | language |
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2001-06-01 | Ratio Juris |