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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Bibliographic Details
Corporate Author: Walter de Gruyter & Co
Other Authors: Kaptein, Hendrik (Editor)
Format: eBook
Language:English
Language Notes:English.
Published: 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.