Legal Reason: The Use of Analogy in Legal Argument
Lloyd L. Weinreb
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.
年:
2005
出版社:
Cambridge University Press
语言:
english
页:
194
ISBN 10:
0511111584
ISBN 13:
9780521849678
文件:
PDF, 957 KB
IPFS:
,
english, 2005
Amazon 
Barnes & Noble 
Bookshop.org 
转换文件
更多搜索结果
其他特权 
关键词
关联书单
