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[epub] Legal Reason: The Use of Analogy in Legal Argument

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[epub] Legal Reason: The Use of Analogy

in Legal Argument

[epub] Legal Reason: The Use of Analogyin Legal Argument

[epub] Legal Reason: The Use of Analogy inLegal ArgumentDESCRIPTIONLegal Reason describes and explains the process of analogical reasoning, which is the distinctivefeature 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 adefective form of deductive reasoning. Lloyd Weinreb reveals that it is the same as the reasoningused routinely everyday--derived from the innate human capacity to recognize the general in theparticular, on which thought itself depends. Moreover, the use of analogical reasoning is dictatedby the nature of law, which requires the application of rules to particular facts.

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[epub] Legal Reason: The Use of Analogy in Legal Argument

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