Analogy and Exemplary Reasoning in Legal Discourse

Analogy and Exemplary Reasoning in Legal Discourse

  • Hendrik Kaptein
  • Bastiaan Velden
Publisher:Taylor & FrancisISBN 13: 9781040798621ISBN 10: 1040798624

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Analogy and Exemplary Reasoning in Legal Discourse is written by Hendrik Kaptein and published by Taylor & Francis. It's available with International Standard Book Number or ISBN identification 1040798624 (ISBN 10) and 9781040798621 (ISBN 13).

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?