On Coherent Solutions to Legal Cases

Abstract

This text the author offers an assessment of the debate carried out in Discusiones X about Amalia Amaya’s “Diez tesis sobre la coherencia en el derecho”. First, the author briefly explains Amaya’s theory of coherence and critically analizes Amaya’s concept of coherence. Next, the author analyzes how the model of coherence is related to discretion in the solution of legal cases, how a concept of formal coherence is combined with non-instrumental reasoning and what perplexities derive from the naturalistic philosophical approach adopted by Amaya. Finally, it is argued that the model of coherent explanation and justification must make explicit which is the relevant point of view from which the argument from coherence is developped.