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This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.
Sommario
Introduction.- About the Authors.- Table of Contents.- Three Kinds of Coherentism; Jaap Hage.- Coherence and Reliability in Judicial Reasoning; Stefan Schubert and Erik J. Olsson.- Coherence and Probability: A Probabilistic Account of Coherence; William Roche.- Coherence: An Outline in Six Metaphors and Four Rules; Juan Manuel Peréz Bermejo.- Legal Interpretation and Coherence; Bartosz Brozek.- Normative Inconsistency and Logical Theories. A First Critique of Defeasibilism; Giovanni Battista Ratti.- The Third Theory of Legal Objectivity; Aldo Schiavello.- Pattern Languages & Institutional Facts.Functions and Coherences in the Law; Kenneth Ehrenberg.- Consistency and Coherence in the "Hypertext" of Law. A Textological Approach; Wojciech Cyrul.- Case Classification, Similarities, Spaces of Reasons, and Coherences; Marcello Guarini.- Coherence as Constraint Satisfaction: Judicial Reasoning Support Mechanism; Jaromír Savelka.- Limits of Constraint Satisfaction Theory of Coherence as a Theory of (Legal) Reasoning; Michal Araszkiewicz.- Ten Theses on Coherence in Law; Amalia Amaya.
Introduction.- About the Authors.- Table of Contents.- Three Kinds of Coherentism; Jaap Hage.- Coherence and Reliability in Judicial Reasoning; Stefan Schubert and Erik J. Olsson.- Coherence and Probability: A Probabilistic Account of Coherence; William Roche.- Coherence: An Outline in Six Metaphors and Four Rules; Juan Manuel PerézBermejo.- Legal Interpretation and Coherence; Bartosz Brozek.- Normative Inconsistency and Logical Theories. A First Critique of Defeasibilism; Giovanni Battista Ratti.- The Third Theory of Legal Objectivity; Aldo Schiavello.- Pattern Languages & Institutional Facts.Functions and Coherences in the Law; Kenneth Ehrenberg.- Consistency and Coherence in the "Hypertext" of Law. A Textological Approach; Wojciech Cyrul.- Case Classification, Similarities, Spaces of Reasons, and Coherences; Marcello Guarini.- Coherence as Constraint Satisfaction: Judicial Reasoning Support Mechanism; Jaromír Savelka.- Limits of Constraint Satisfaction Theory of Coherence as a Theory of (Legal) Reasoning; Michal Araszkiewicz.- Ten Theses on Coherence in Law; Amalia Amaya.
Riassunto
This book is a thorough treatise concerned with coherence and its significance in legal reasoning. The individual chapters present the topic from the general philosophical perspective, the perspective of legal-theory as well as the viewpoint of cognitive sciences and the research on artificial intelligence and law. As it has turned out the interchange of knowledge among these disciplines is very fruitful for each of them, providing mutual inspiration and increasing understanding of a given topic. This book is a unique resource for anyone interested in the concept of coherence and the role it plays in reasoning. As this book captures important contemporary issues concerning the ongoing discussion on coherence and law, those interested in legal reasoning should find it particularly helpful. By presenting such a broad scope of views and methods on approaching the issue of coherence we hope to promote the general interest in the topic as well as the academic research that centers around coherence and law.
