{"id":{"repo_id":"calgary","oai_identifier":"oai:ucalgary.scholaris.ca:1880/112550"},"canonical_url":"https://search.dev.ndltd.org/etd/calgary/oai:ucalgary.scholaris.ca:1880/112550","repository":{"repo_id":"calgary","name":"University of Calgary","base_url":"https://ucalgary.scholaris.ca/server/oai/request"},"display":{"title":"Towards the Ideal: Coherence Theories of Judicial Adjudication and the Ideal Law in Hard Cases","abstract":"It will be argued that that methodology developed in this thesis, known as ‘ideal law methodology’, provides a better alternative to coherence theories of judicial adjudication in adjudicating hard cases. After framing the discussion within the context of Angelo-American legal theory, hard cases, and stare decisis, coherence theories of judicial adjudication will be presented and shown to suffer from conservatism. This will be argued to create problems both in unjust and just societies. The ideal law methodology, which is adapted from arguments from Robert Alexy, will be then be presented. The ideal law methodology uses narrow reflective equilibrium to determine principles of a political community, and then determines and chooses the decision with the largest weighted aggregate realization of principles. It will be argued that the ideal law methodology presents a better method for determining hard cases than coherence theories of judicial adjudication by being adaptive to the community’s political beliefs and thus avoiding conservatism. A number of objections to the ideal law methodology will then be addressed, both from coherence theories of judicial adjudication and elsewhere.","abstract_html":"It will be argued that that methodology developed in this thesis, known as ‘ideal law methodology’, provides a better alternative to coherence theories of judicial adjudication in adjudicating hard cases. After framing the discussion within the context of Angelo-American legal theory, hard cases, and stare decisis, coherence theories of judicial adjudication will be presented and shown to suffer from conservatism. This will be argued to create problems both in unjust and just societies. The ideal law methodology, which is adapted from arguments from Robert Alexy, will be then be presented. The ideal law methodology uses narrow reflective equilibrium to determine principles of a political community, and then determines and chooses the decision with the largest weighted aggregate realization of principles. It will be argued that the ideal law methodology presents a better method for determining hard cases than coherence theories of judicial adjudication by being adaptive to the community’s political beliefs and thus avoiding conservatism. A number of objections to the ideal law methodology will then be addressed, both from coherence theories of judicial adjudication and elsewhere.","abstract_has_math":false,"creators":["Freno, Nigel Kane"],"institution":"Arts","degree_name":"Master of Arts (MA)","degree_level":null,"degree_discipline":"Philosophy","degree_department":null,"school":null,"contributors":[],"advisors":["Habib, Allen"],"committee_chairs":[],"committee_members":["Hagen, Gregory R.","Levey, Ann"],"year":2020,"date_issued":"2020-09-17","date_published":"2020-09-17","updated_at":"2026-07-24T01:30:25Z","subjects":["law","judicial adjudication","hard cases","Ronald Dworkin","coherence","conservatism","Robert Alexy","reflective equilibrium"],"languages":["eng"],"rights":["University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission."],"rights_urls":[],"identifier_entries":[{"key":"dc:identifier.doi","label":"DOI","values":["http://dx.doi.org/10.11575/PRISM/38215"],"render_values":[{"text":"http://dx.doi.org/10.11575/PRISM/38215","href":"http://dx.doi.org/10.11575/PRISM/38215","code":true}]}]},"links":{"outbound_url":"http://hdl.handle.net/1880/112550","outbound_label":"Handle","outbound_source":"dc:identifier.uri"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor.advisor","label":"Advisor","values":["Habib, Allen"]},{"key":"dc:contributor.committeemember","label":"Committee Member","values":["Hagen, Gregory R.","Levey, Ann"]},{"key":"dc:creator","label":"Author","values":["Freno, Nigel Kane"]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"dc:date","label":"Dc Date","values":["2020-11"]},{"key":"dc:date.accessioned","label":"Dc Date Accessioned","values":["2020-09-17T21:25:46Z"]},{"key":"dc:date.available","label":"Dc Date Available","values":["2020-09-17T21:25:46Z"]},{"key":"dc:date.issued","label":"Date","values":["2020-09-17"]},{"key":"dc:publisher.institution","label":"Dc Publisher Institution","values":["University of Calgary"]},{"key":"dc:type","label":"Dc Type","values":["master thesis"]},{"key":"thesis:degree_discipline","label":"Discipline","values":["Philosophy"]},{"key":"thesis:degree_name","label":"Degree Name","values":["Master of Arts (MA)"]},{"key":"thesis:institution_name","label":"Thesis Institution Name","values":["University of Calgary"]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["law","judicial adjudication","hard cases","Ronald Dworkin","coherence","conservatism","Robert Alexy","reflective equilibrium"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:language.iso","label":"Language (ISO)","values":["eng"]},{"key":"dc:rights","label":"Dc Rights","values":["University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission."]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier.doi","label":"DOI","values":["http://dx.doi.org/10.11575/PRISM/38215"]},{"key":"dc:identifier.uri","label":"Identifier URI","values":["http://hdl.handle.net/1880/112550"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["It will be argued that that methodology developed in this thesis, known as ‘ideal law methodology’, provides a better alternative to coherence theories of judicial adjudication in adjudicating hard cases. After framing the discussion within the context of Angelo-American legal theory, hard cases, and stare decisis, coherence theories of judicial adjudication will be presented and shown to suffer from conservatism. This will be argued to create problems both in unjust and just societies. The ideal law methodology, which is adapted from arguments from Robert Alexy, will be then be presented. The ideal law methodology uses narrow reflective equilibrium to determine principles of a political community, and then determines and chooses the decision with the largest weighted aggregate realization of principles. It will be argued that the ideal law methodology presents a better method for determining hard cases than coherence theories of judicial adjudication by being adaptive to the community’s political beliefs and thus avoiding conservatism. A number of objections to the ideal law methodology will then be addressed, both from coherence theories of judicial adjudication and elsewhere."]},{"key":"dc:title","label":"Title","values":["Towards the Ideal: Coherence Theories of Judicial Adjudication and the Ideal Law in Hard Cases"]}]}],"canonical_facts":{"dc:contributor.advisor":["Habib, Allen"],"dc:contributor.committeemember":["Hagen, Gregory R.","Levey, Ann"],"dc:creator":["Freno, Nigel Kane"],"dc:date":["2020-11"],"dc:date.accessioned":["2020-09-17T21:25:46Z"],"dc:date.available":["2020-09-17T21:25:46Z"],"dc:date.issued":["2020-09-17"],"dc:description.abstract":["It will be argued that that methodology developed in this thesis, known as ‘ideal law methodology’, provides a better alternative to coherence theories of judicial adjudication in adjudicating hard cases. After framing the discussion within the context of Angelo-American legal theory, hard cases, and stare decisis, coherence theories of judicial adjudication will be presented and shown to suffer from conservatism. This will be argued to create problems both in unjust and just societies. The ideal law methodology, which is adapted from arguments from Robert Alexy, will be then be presented. The ideal law methodology uses narrow reflective equilibrium to determine principles of a political community, and then determines and chooses the decision with the largest weighted aggregate realization of principles. It will be argued that the ideal law methodology presents a better method for determining hard cases than coherence theories of judicial adjudication by being adaptive to the community’s political beliefs and thus avoiding conservatism. A number of objections to the ideal law methodology will then be addressed, both from coherence theories of judicial adjudication and elsewhere."],"dc:identifier.doi":["http://dx.doi.org/10.11575/PRISM/38215"],"dc:identifier.uri":["http://hdl.handle.net/1880/112550"],"dc:language.iso":["eng"],"dc:publisher.institution":["University of Calgary"],"dc:rights":["University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission."],"dc:subject":["law","judicial adjudication","hard cases","Ronald Dworkin","coherence","conservatism","Robert Alexy","reflective equilibrium"],"dc:title":["Towards the Ideal: Coherence Theories of Judicial Adjudication and the Ideal Law in Hard Cases"],"dc:type":["master thesis"],"thesis:degree_discipline":["Philosophy"],"thesis:degree_name":["Master of Arts (MA)"],"thesis:institution_name":["University of Calgary"]},"updated_at":"2026-07-24T01:30:25Z"}