6533b870fe1ef96bd12cf9a7

RESEARCH PRODUCT

On "Coherence" and "Law": An Analysis of Different Models

Aldo Schiavello

subject

Legal reasoningLawField (Bourdieu)NormativeCoherence (statistics)SociologyLawHard core

description

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.

https://doi.org/10.1111/1467-9337.00179