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

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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. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students, practitioners, and persons who are generally interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and everyday experience.
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Editorial Reviews

From the Publisher
"The author displays a rare ability to be concise and convincing, precise and gripping, ensuring that this book will serve as both a thought-provoking work to those familiar with legal thought and jurisprudence, and as an approachable book to legal novices." Harvard Law Review

"Weinreb has known where to put the spotlight on matters of criminal law and procedure, copywright, theories of natural law, environmental law and, in this case, pragmatic legal reasoning." The Law and Politics Book Review, Lief H. Carter, The Colorado College

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Product Details

  • ISBN-13: 9780521614900
  • Publisher: Cambridge University Press
  • Publication date: 2/14/2005
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 194
  • Sales rank: 632,454
  • Product dimensions: 5.43 (w) x 8.50 (h) x 0.43 (d)

Meet the Author

Lloyd L. Weinreb is a Dane Professor of Law at Harvard Law School. He is the author of Natural Law and Justice and Oedipus at Fenway Park: What Rights Are and Why There Are Any.

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Table of Contents

1 Analogy and inductive and deductive reasoning 19
2 Steamboats, broadcast transmissions, and electronic eavesdropping 41
3 Analogical legal reasoning 65
4 Analogical reasoning, legal education, and the law 123
App A note on analogical reasoning 163
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