Analogy and Exemplary Reasoning in Legal Discourse

Author： Hendrik Kaptein  

Publisher： Amsterdam University Press‎

Publication year： 2017

E-ISBN: 9789048537143

P-ISBN(Paperback): 9789462985902

Subject： D9 Law

Keyword： 法律

Language： ENG

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Description

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?
 

Chapter

Cover

Table of contents

Introduction

1. Imitation and analogy

2. Indefeasible analogical argument

3. Is analogy a form of legal reasoning?

4. Analogical reasoning and extensive interpretation

5. Analogy and balancing

6. Analogy and balancing

7. Analogy and balancing once again

8. Argument by analogy in the law

9. Undoing damage by analogy

10. Analogy in the strict liability rules in the Dutch Civil Code

Bibliography

Index

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