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Analogy and Exemplary Reasoning in Legal Discourse

ISBN: 9789462985902 Year: Language: English
Publisher: Amsterdam University Press
Subject: Law
Added to DOAB on : 2018-06-07 11:01:52
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Abstract

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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