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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.
In recent years coherence theories of law and adjudication have been extremely influential in legal scholarship. These theories significantly advance the case for coherentism in law. Nonetheless, there remain a number of problems in the coherence theory in law. This ambitious new work makes the first concerted attempt to develop a coherence-based theory of legal reasoning, and in so doing addresses, or at least mitigates these problems. The book is organized in three parts. The first part provides a critical analysis of the main coherentist approaches to both normative and factual reasoning in law. The second part investigates the coherence theory in a number of fields that are relevant to law: coherence theories of epistemic justification, coherentist approaches to belief revision and theory-choice in science, coherence theories of practical and moral reasoning and coherence-based approaches to discourse interpretation. Taking this interdisciplinary analysis as a starting point, the third part develops a coherence-based model of legal reasoning. While this model builds upon the standard theory of legal reasoning, it also leads to rethinking some of the basic assumptions that characterize this theory, and suggests some lines along which it may be further developed. Thus, ultimately, the book not only improves upon the current state of coherence theory in law, but also contributes to the larger debate about how to articulate a theory of legal reasoning that results in better decision-making.
Perhaps the most fundamental question of epistemology asks on what grounds our knowledge of the world ultimately rests. The traditional Cartesian answer is that it rests on indubitable facts arrived at through rational insight or introspection. Coherentists reject this answer, claiming instead that knowledge arises from relations of coherence or mutual support: if our beliefs cohere, we can be sure that they are mostly true. The first part of this Element introduces the reader to the main ideas and problems of coherentism. The next part describes the 'probabilistic turn', leading up to recent demonstrations that coherence fails to be conducive to truth. The final part reassesses the current debate about the proper definition of coherence from the standpoint of Rudolf Carnap's methodology of explication. The upshot is a tentative and qualified defence of one of the early coherence measures.
This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe.
"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.
In digital markets, data protection and competition law affect each other in diverse and intricate ways. Their entanglement has triggered a global debate on how these two areas of law should interact to effectively address new harms and ensure that the digital economy flourishes. Coherence between Data Protection and Competition Law in Digital Markets offers a blueprint for bridging the disconnect between data protection and competition law and ensuring a coherent approach towards their enforcement in digital markets. Specifically, this book focuses on the evolution of data protection and competition law, their underlying rationale, their key features and common objectives, and provides a series of examples to demonstrate how the same empirical phenomena in digital markets pose a common challenge to protecting personal data and promoting market competitiveness. A panoply of theoretical and empirical commonalities between these two fields of law, as this volume shows, are barely mirrored in the legal, enforcement, policy, and institutional approaches in the EU and beyond, where the silo approach continues to prevail. The ideas that Majcher puts forward for a more synergetic integration of data protection and competition law are anchored in the concept of 'sectional coherence'. This new coherence-centred paradigm reimagines the interpretation and enforcement of data protection and competition law as mutually cognizant and reciprocal, allowing readers to explore, in an innovative way, the interface between these legal fields and identify positive interactions, instead of merely addressing inconsistencies and tensions. This book reflects on the conceptual, practical, institutional, and constitutional implications of the transition towards coherence and the relevance of its findings for other jurisdictions.
This volume showcases the best of recent research in the philosophy of science. A compilation of papers presented at the EPSA 13, it explores a broad distribution of topics such as causation, truthlikeness, scientific representation, gender-specific medicine, laws of nature, science funding and the wisdom of crowds. Papers are organised into headings which form the structure of the book. Readers will find that it covers several major fields within the philosophy of science, from general philosophy of science to the more specific philosophy of physics, philosophy of chemistry, philosophy of the life sciences, philosophy of psychology, and philosophy of the social sciences and humanities, amongst others. This volume provides an excellent overview of the state of the art in the philosophy of science, as practiced in different European countries and beyond. ​It will appeal to researchers with an interest in the philosophical underpinnings of their own discipline, and to philosophers who wish to explore the latest work on the themes explored.
This volume offers a look at the fundamental issues of present and future AI, especially from cognitive science, computer science, neuroscience and philosophy. This work examines the conditions for artificial intelligence, how these relate to the conditions for intelligence in humans and other natural agents, as well as ethical and societal problems that artificial intelligence raises or will raise. The key issues this volume investigates include the relation of AI and cognitive science, ethics of AI and robotics, brain emulation and simulation, hybrid systems and cyborgs, intelligence and intelligence testing, interactive systems, multi-agent systems, and super intelligence. Based on the 2nd conference on “Theory and Philosophy of Artificial Intelligence” held in Oxford, the volume includes prominent researchers within the field from around the world.
This book features papers from CEPE-IACAP 2015, a joint international conference focused on the philosophy of computing. Inside, readers will discover essays that explore current issues in epistemology, philosophy of mind, logic, and philosophy of science from the lens of computation. Coverage also examines applied issues related to ethical, social, and political interest. The contributors first explore how computation has changed philosophical inquiry. Computers are now capable of joining humans in exploring foundational issues. Thus, we can ponder machine-generated explanation, thought, agency, and other quite fascinating concepts. The papers are also concerned with normative aspects of the computer and information technology revolution. They examine technology-specific analyses of key challenges, from Big Data to autonomous robots to expert systems for infrastructure control and financial services. The virtue of a collection that ranges over philosophical questions, such as this one does, lies in the prospects for a more integrated understanding of issues. These are early days in the partnership between philosophy and information technology. Philosophers and researchers are still sorting out many foundational issues. They will need to deploy all of the tools of philosophy to establish this foundation. This volume admirably showcases those tools in the hands of some excellent scholars.
This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.