Analogy and Exemplary Reasoning in Legal Discourse

This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning--which relies on the concept of two different things being in some way like each other--is hugely important not just in the practice of law, but it...

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Bibliographic Details
Main Author: Kaptein, Hendrik
Other Authors: Van der Velden, Bastiaan
Format: eBook
Language:English
Published: Amsterdam Amsterdam University Press 2017, 2017
Subjects:
Online Access:
Collection: JSTOR Open Access Books - Collection details see MPG.ReNa
Description
Summary:This book brings together contributions from leading figures in legal studies on analogy and related forms of reasoning in the law. Analogical reasoning--which relies on the concept of two different things being in some way like each other--is hugely important not just in the practice of law, but it is nonetheless strongly contested. This volume raises key questions like: What is the logical, argumentative, rhetorical, or just heuristic force of analogy in law? Is analogy really different from extensive interpretation, reasoning by precedent and appeal to paradigm?
Physical Description:197 pages