Analogy and exemplary reasoning in legal discourse /
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...
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| Format: | eBook |
| Language: | English |
| Language Notes: | English. |
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Amsterdam :
Amsterdam University Press,
2018.
[2018] |
| Series: | Online access: De Gruyter De Gruyter Open Books.
Online access: OAPEN Open Research Library (ORL) Online access: OAPEN DOAB Directory of Open Access Books. |
| Subjects: | |
| Online Access: | Connect to the full text of this electronic book |
Table of Contents:
- Introduction
- Imitation and analogy / Amalia Amaya
- Indefeasible analogical argument / Scott Brewer
- Is analogy a form of legal reasoning? / Bartosz Brożek
- Analogical reasoning and extensive interpretation / Damiano Canale and Giovanni Tuzet
- Analogy and balancing : the partial reducibility thesis and its problems / David Duarte
- Analogy and balancing : a reply to David Duarte / Bartosz Brożek
- Analogy and balancing once again : a reply to Bartosz Brożek / David Duarte
- Argument by analogy in the law / Martin Golding
- Undoing damage by analogy : as if (almost) nothing happened, with notes on the meaning of everything / Hendrik Kaptein
- Analogy in the strict liability rules in the Dutch civil code / Bastiaan van der Velden.