Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-9q27g Total loading time: 0 Render date: 2024-07-21T07:21:27.234Z Has data issue: false hasContentIssue false

5 - Normative Coherentism

Published online by Cambridge University Press:  29 February 2024

Get access

Summary

In the previous chapters in this volume, I explained the phenomenon of the fragmentation of law (Chapter 1) and analysed arguments serving to attain the unity of law (Chapter 2), while paying special attention to the proportionality analysis, which – if applied correctly – ensures concordance between individual rights and public interests in constitutional law (Chapter 3). Then I turned my attention to the contemporary pluralistic arrangement of the law, which may cause its fragmentation, but also its unification (Chapter 4). In this chapter, I will attempt to summarise the conclusions presented thus far, which should yield a theory of normative coherentism, providing a more comprehensive framework for the procedure denoted in this book as the defragmentation of law. This chapter will aim not only to explain how the individual phenomena described in the previous chapters are mutually related, but will especially emphasise how normative coherentism reinforces the unity and weakens the fragmentation of contemporary law.

I will start with the concept of coherence as presented in section 2.1 in Chapter 2. In this book, coherence is conceived as concordance, which manifests itself at multiple levels of the law: from a lack of logical inconsistencies among rules within a single regulation to compatibility of various legal regulations and the absence of teleological contradictions and unintended gaps, to concordance of the values standing behind the law. In the same chapter, I presented the basis of this concept of coherence – the foundation of the law in the form of principles, values and possibly also established legal doctrines and theoretical constructs in the law, such as judicial tests. This concept of coherence forms the groundwork on which I will try and build a “claim to normative coherentism”, which can be seen in both law-making and interpretation of the law. The doctrine of coherentism plays an important role in resolving disputable questions within a single legal order, as well as in dealing with conflicts of various legal systems as described in Chapter 4 on legal pluralism.

Type
Chapter
Information
Defragmentation of Law
Reconstruction of Contemporary Law as a System
, pp. 151 - 172
Publisher: Intersentia
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×