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Interpretation and coherence in legal reasoning

Stanford Encyclopedia of Philosophy (2008)

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  1. On the authority and interpretation of Constitutions: some preliminaries.Joseph Raz - 1998 - In Larry Alexander (ed.), Constitutionalism: philosophical foundations. New York: Cambridge University Press. pp. 152--153.
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  • Social Policy and Judicial Legislation.Rolf Sartorius - 1971 - American Philosophical Quarterly 8 (2):151 - 160.
    "In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...)
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  • Between authority and interpretation: on the theory of law and practical reason.Joseph Raz (ed.) - 2009 - New York: Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation of constitutions : some (...)
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  • Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
    This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.
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  • Pure theory of law.Hans Kelsen - 1967 - Clark, N.J.: Lawbook Exchange.
    I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...
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  • Ethics in the public domain: essays in the morality of law and politics.Joseph Raz - 1994 - New York: Oxford University Press.
    In the past twenty years Joseph Raz has consolidated his reputation as one of the most acute, inventive, and energetic scholars currently at work in analytic moral and political theory. This new collection of essays forms a representative selection of his most significant contributions to a number of important debates, including the extent of political duty and obligation, and the issue of self-determination. He also examines aspects of the common (and ancient) theme of the relations between law and morality. This (...)
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  • Putting interpretation in its place.Timothy A. O. Endicott - 1994 - Law and Philosophy 13 (4):451 - 479.
    What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of (...)
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  • Doing What Comes Naturally: Change, Rhetoric, and the Practice of Theory in Literary and Legal Studies.Stanley Fish - 1991 - Journal of Aesthetics and Art Criticism 49 (4):375-378.
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  • Meaning and intentionality in Wittgenstein's later philosophy.John McDowell - 1992 - Midwest Studies in Philosophy 17 (1):40-52.
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  • (2 other versions)Wittgenstein on following a rule.John McDowell - 1984 - Synthese 58 (March):325-364.
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  • Wittgenstein on rules and private language: an elementary exposition.Saul A. Kripke - 1982 - Cambridge: Harvard University Press.
    In this book Saul Kripke brings his powerful philosophical intelligence to bear on Wittgenstein's analysis of the notion of following a rule.
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  • The Idea of a Living Constitution.Aileen Kavanagh - 2003 - Canadian Journal of Law and Jurisprudence 16 (1):55-89.
    This article is a jurisprudential analysis of the idea of a ‘living Constitution’, as a common feature of the constitutional practice in democratic countries. The main argument of the article is that constitutional interpretation encompasses, rather than excludes the judicial power to develop and change the content of constitutional guarantees. The metaphor of the ‘living Constitution’ is appropriate to the nature of constitutional adjudication because it suggests gradual, incremental change on a case-by-case basis. While it is stressed that courts can (...)
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  • Coherence.Ken Kress - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 521–538.
    This chapter contains sections titled: Coherence Theories of Law What Coherence Is The Characterization of Normative Coherence Theories The Normative Value of Coherence References.
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  • (2 other versions)The Authority of Law.Joseph Raz - 1981 - Ethics 91 (3):516-519.
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  • Legal Reasoning and Legal Theory.Neil MacCormick (ed.) - 1978 - New York: Clarendon Press.
    What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.
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  • Ethics and the Limits of Philosophy.Bernard Williams - 1985 - London: Fontana.
    By the time of his death in 2003, Bernard Williams was one of the greatest philosophers of his generation. Ethics and the Limits of Philosophy is not only widely acknowledged to be his most important book, but also hailed a contemporary classic of moral philosophy. Presenting a sustained critique of moral theory from Kant onwards, Williams reorients ethical theory towards ‘truth, truthfulness and the meaning of an individual life’. He explores and reflects upon the most difficult problems in contemporary philosophy (...)
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  • Wittgenstein: To Follow a Rule.Steven H. Holtzman & Christopher M. Leich (eds.) - 1981 - Boston: Routledge.
    First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.
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  • Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
    In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
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  • Interpretation in Legal Theory.Andrei Marmor (ed.) - 1990 - Hart Publishing.
    Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...)
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  • Methodology in jurisprudence.Julie Dickson - 2004 - Legal Theory 10 (3):117-156.
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  • Law and interpretation: essays in legal philosophy.Andrei Marmor (ed.) - 1995 - New York: Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, (...)
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  • The justification of the judicial decision.Rolf Sartorius - 1968 - Ethics 78 (3):171-187.
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  • Moral Reasons.Jonathan Dancy - 1993 - Philosophy 69 (267):114-116.
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  • Constitutional Review Under the Uk Human Rights Act.Aileen Kavanagh - 2009 - Cambridge University Press.
    Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and (...)
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  • Law, Morality, Coherence and Truth.Aleksander Peczenik - 1994 - Ratio Juris 7 (2):146-176.
    The author analyzes the relations between truth and law starting from the distinction between practical and theoretical spheres. He shows, first, how moral and legal statements and reasoning are connected with an operation of weighing and balancing different values and principles and how this operation is ultimately based on personal and intuitive preferences and feeling. The criteria developed by the theoretical sciences to define truth (coherence, consensus and pragmatic success) can only be translated into practical statements as criteria of correctness (...)
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  • Why Interpret?Joseph Raz - 1996 - Ratio Juris 9 (4):349-363.
    My article is about legal interpretation, but not about the question: how to interpret the law. Rather its aim is to make us consider seriously the question: Why is interpretation central to legal practices? After all not all normative practices assign interpretation such a central role. In this regard the law contrasts with morality. The reason for the contrast has to do with the status of sources in the law. There are no “moral sources” while legal sources are central to (...)
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  • The Rational as Reasonable: A Treatise on Legal Justification.A. Aarnio - 1988 - Studia Logica 47 (1):75-76.
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  • Evaluation and Legal Theory.Julie Dickson - 2001 - Hart Publishing.
    If Raz and Dworkin disagree over how law should be characterised,how are we, their jurisprudential public, supposed to go about adjudicating between the rival theories which they offer us? To what considerations would those theorists themselves appeal in order to convince us that their accounts of law are accurate and successful? Moreover, what is it that makes an account of law successful? Evaluation and Legal Theory tackles methodological or meta-theoretical issues such as these, and does so via attempting to answer (...)
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  • Legitimacy and interpretation.Jed Rubenfeld - 1998 - In Larry Alexander (ed.), Constitutionalism: philosophical foundations. New York: Cambridge University Press. pp. 194--234.
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  • Constitutional law and interpretation.Philip Bobbitt - 1996 - In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell. pp. 132–144.
    This chapter contains sections titled: Interpretation According to Law References.
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  • Justice in robes.Ronald Dworkin (ed.) - 2006 - Cambridge: Belknap Press.
    In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...
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  • The philosophy of the limit.Drucilla Cornell - 1992 - New York: Routledge.
    Deconstruction both by its friends and enemies has come to be associated with a set of cliches that completely misunderstands its ethical aspiration. It is particularly within the field of law that we can see the ethical force of deconstruction, and also illuminate its concrete and practical importance. In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" will allow (...)
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  • Scepticism, rules and language.G. Baker & P. Hacker - 1984 - Revue Philosophique de la France Et de l'Etranger 175 (1):45-46.
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  • Postema on Law's Autonomy and Public Practical Reasons: A Critical Comment: Joseph Raz.Joseph Raz - 1998 - Legal Theory 4 (1):1-20.
    Postema's article discusses, lucidly and probingly, a central jurisprudential idea, which he calls the autonomy thesis. In its general form it is shared by many writers who otherwise support divergent accounts of the nature of law. It is, according to Postema, a thesis that is meant to account for a core idea, that the law's “defining aim is to … unify public political judgment and coordinate social interaction.” In some form or another this core idea is probably supported by Postema (...)
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  • A Common Law Theory of Judicial Review: The Living Tree.W. J. Waluchow - 2006 - Cambridge University Press.
    In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different (...)
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  • Focusing the Law: What Legal Interpretation is Not.Martin Stone - 1994 - Faculty of Law, University of Toronto.
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  • Reasoning with rules.Joseph Raz - manuscript
    What is special about legal reasoning? In what way is it distinctive? How does it differ from reasoning in medicine, or engineering, physics, or everyday life? The answers range from the very ambitious to the modest. The ambitious claim that there is a special and distinctive legal logic, or legal ways of reasoning, modes of reasoning which set the law apart from all other disciplines. Opposing them are the modest, who claim that there is nothing special to legal reasoning, that (...)
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  • The role of coherence in legal reasoning.Barbara Baum Levenbook - 1984 - Law and Philosophy 3 (3):355 - 374.
    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 (...)
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  • Law, language, and legal determinacy.Brian Bix - 1993 - New York: Oxford University Press.
    The author discusses the role of language within law, and the role of philosophy of language in understanding the nature of law. He argues that the major re-thinking of the common and `common sense' views about law that have been proposed by various recent legal theorists are unnecessary.
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  • On reason and authority in law's empire.John Finnis - 1987 - Law and Philosophy 6 (3):357 - 380.
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  • On Law and Reason.Aleksander Peczenik - 1989 - Dordrecht, Netherland: Springer Verlag.
    a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...)
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  • (1 other version)Natural Reasons: Personality and Polity.S. L. Hurley - 1990 - Philosophy 65 (254):528-530.
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  • The Concept of Coherence and Its Significance for Discursive Rationality.Robert Alexy & Aleksander Peczenik - 1990 - Ratio Juris 3 (s1):130-147.
    The main idea or the concept of coherence can be expressed in the following way: The more the statements belonging to a given theory approximate a perfect supportive structure, the more coherent the theory. The degree of perfection of a supportive structure depends on the degree to which the following criteria of coherence are fulfilled: (1) the greatest possible number of supported statements belonging to the theory in question; (2) the greatest possible length of chains of reasons belonging to it; (...)
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  • Legal Reason: The Use of Analogy in Legal Argument.Lloyd L. Weinreb - 2005 - Cambridge University Press.
    Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived (...)
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  • (3 other versions)Philosophical investigations.Ludwig Wittgenstein - 1968 - Oxford,: Blackwell.
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