Research on legal coherentism－Focus on Dworkin's "law of integrity"
Date Issued
2006
Date
2006
Author(s)
Li, Chung-Chien
DOI
zh-TW
Abstract
Coherence is a prevailing concept in modern philosophy.It plays an important roles in many philosophical fields,especially in English-Speaking world.We can see the influence of coherence in many important philosophers,just like Quine and John Rawls.A lot of scholars in modern legal philosophy also research on the relationship between coherence and jurisprudence.It is generally considered that the "law as integrity" addressed in <Law's Empire> by Ronald Dworkin is the most significant representative of legal coherentism.In philosophy,there is a special background and significance with coherence, however.It seems that Dworkin did not build his "law as integrity" on the base of epistemic coherence,but on another special base.If that so,what is the relationship between the "law as integrity" and cohernce?Is the "law as integrity" really a legal coherentism?This paper starts with philosophical coherentism(Chapter 1 and 2),then I try to answer three questions in chapter 3 and 4.They are (1)Why Dworkin what to build a legal theory that close to coherentism? (2)What's the content of "law as integrity"? (3)What the relationship between "law as integrity" and objectivity?Chapter 5 is Raz's arguments to attack Coherentism and Dworkin's legal theory.The last chapter is conclusion.
Subjects
德沃金
融貫
整全法
拉茲
反思均衡
客觀性
Dworkin
coherence
law of integrity
Raz
reflective equilibrium
objectivity
Type
thesis