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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Format: | eBook |
Language: | English |
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Amsterdam
Amsterdam University Press
2017, 2017
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Collection: | JSTOR Open Access Books - Collection details see MPG.ReNa |
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? |
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Physical Description: | 197 pages |