6 - Coherence as Reflexivity

Summary

Chapter 6 unpacks the idea of reflexivity in judicial decision-making and its relationship with coherence. The chapter’s thesis is that coherence in legal reasoning and one’s commitment to reflexivity are intrinsically related notions. Reflexivity in adjudication is conducive towards coherence and, by extension, the degree of a decision-maker’s reflexivity can act as a useful indicator (though not a determinant) of the decision’s overall coherence. The chapter proceeds in two steps in particular. Firstly, it describes reflexivity as an overall desirable disposition for adjudicators to have. It identifies key components of reflexivity in practical decision-making, considers potential critiques, and ultimately establishes reflexivity as an indicator of coherence. Secondly, the chapter attempts to place the discussion in a practical context by way of a case study on the reflective thinking likely at play behind decisions addressing nationality planning activities by foreign investors. In so doing, the chapter also reviews instances where an arguably inadequate process of reflection may have negatively affected the overall coherence of an arbitral decision.