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.
During the past ten years, legal and political changes in the United States have dramatically altered the legalization process for millions of undocumented immigrants and their families. Faced with fewer legalization options, immigrants without legal status and their supporters have organized around the concept of the family as a political subject—a political subject with its rights violated by immigration laws. Drawing upon the idea of the “impossible activism” of undocumented immigrants, Amalia Pallares argues that those without legal status defy this “impossible” context by relying on the politicization of the family to challenge justice within contemporary immigration law. The culmination of a seven-year-long ethnography of undocumented immigrants and their families in Chicago, as well as national immigrant politics,Family Activism examines the three ways in which the family has become politically significant: as a political subject, as a frame for immigrant rights activism, and as a symbol of racial subordination and resistance. By analyzing grassroots campaigns, churches and interfaith coalitions, immigrant rights movements, and immigration legislation, Pallares challenges the traditional familial idea, ultimately reframing the family as a site of political struggle and as a basis for mobilization in immigrant communities.
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.
The story of Amalia is a journey through the life and challenges of a young immigrant girl navigating a bilingual and bi-cultural upbringing in the United States of America. Her name is different and hard to pronounce The food she eats is different. Her parents don't speak English. She loves America, her American friends and way of life. But she also loves and appreciates her Spanish roots. She realizes that she can be both American and Spanish. That's what makes her life so special.
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