Analogy and Exemplary Reasoning in Legal Discourse

Edited by Hendrik Kaptein and Bastiaan van der Velden

Analogy and Exemplary Reasoning in Legal Discourse

Edited by Hendrik Kaptein and Bastiaan van der Velden

Distributed for Amsterdam University Press

196 pages | 1 halftone, 3 line drawings | 6 x 9
Cloth $99.00 ISBN: 9789462985902 Will Publish December 2017 For sale only in the United States, its dependencies, the Philippines, and Canada
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?
 
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