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Analogy and Exemplary Reasoning in Legal Discourse

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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...

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Main Author: Kaptein, Hendrik
Other Authors: Van der Velden, Bastiaan
Format: Electronic eBook
Language:English
Published: Amsterdam : Amsterdam University Press, 2017.
Series:Book collections on Project MUSE.
Subjects:
Law > Methodology.
Analogy.
LAW > General.
LAW > Reference.
LAW > Practical Guides.
LAW > Paralegals & Paralegalism.
LAW > Jurisprudence.
LAW > General Practice.
LAW > Essays.
analogy.
Analogie (Philosophie)
Electronic books.
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Summary: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?
Physical Description:1 online resource (196 pages).
ISBN:9789048537143
Access:Open Access

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