Legal reason : the use of analogy in legal argument / Lloyd L. Weinreb, Harvard Law School.

By:

Weinreb, Lloyd L [author.]

Language: English. Publication details: New York : Cambridge University Press, 2016.Edition: 2nd edDescription: x, 188pISBN:

9781107153462 (hardback)

Subject(s):

Law -- Methodology

DDC classification:

340.11 WEI-L

Contents:

Steamboats, broadcast transmissions, and electronic eavesdropping -- Analogical legal reasoning -- Objections -- Analogical reasoning, legal education, and the rule law.

Summary: Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.

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Holdings
Cover image	Item type	Current library	Home library	Collection	Shelving location	Call number	Materials specified	Vol info	URL	Copy number	Status	Notes	Date due	Barcode	Item holds	Item hold queue priority	Course reserves
	Books	NASSDOC Library				340.11 WEI-L (Browse shelf(Opens below))					Available			53123

Includes bibliographical references (pages 159-184) and index.

Steamboats, broadcast transmissions, and electronic eavesdropping -- Analogical legal reasoning -- Objections -- Analogical reasoning, legal education, and the rule law.

Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.

English.

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