Legal Reason: The Use of Analogy in Legal Argument

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 ...
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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.
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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: 9780521849678
  • Publisher: Cambridge University Press
  • Publication date: 2/7/2005
  • Pages: 196
  • Product dimensions: 5.43 (w) x 8.50 (h) x 0.55 (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

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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