Legal Reason: The Use of Analogy in Legal Argument / Edition 1

Legal Reason: The Use of Analogy in Legal Argument / Edition 1

by Lloyd L. Weinreb
     
 

ISBN-10: 0521614902

ISBN-13: 9780521614900

Pub. Date: 02/14/2005

Publisher: Cambridge University Press

Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. Lloyd Weinreb reveals that it is the same as…  See more details below

Overview

Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. Lloyd Weinreb reveals that it is the same as the reasoning used routinely everyday--derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. Moreover, the use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts.

Product Details

ISBN-13:
9780521614900
Publisher:
Cambridge University Press
Publication date:
02/14/2005
Edition description:
New Edition
Pages:
194
Sales rank:
1,150,749
Product dimensions:
5.43(w) x 8.50(h) x 0.43(d)

Table of Contents

Preface; Introduction; 1. Analogical and inductive and deductive reasoning; 2. Steamboats, broadcast transmissions, and electronic eavesdropping; 3. Analogical legal reasoning; 4. Analogical reasoning, legal education, and the law; Appendix A: note on analogical reasoning; Appendix B: biographical notes; Notes; Index.

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