Legal Reason: The Use of Analogy in Legal Argument / Edition 1by Lloyd L. Weinreb
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 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.
- Cambridge University Press
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- New Edition
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- 5.43(w) x 8.50(h) x 0.43(d)
Table of ContentsPreface; 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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