Analogy and Exemplary Reasoning in Legal Discourse
ISBN: 9789048537143
Platform/Publisher: Project MUSE / Amsterdam University Press
Digital rights: Users: Unlimited; Printing: Chapters; Download: Chapters
Subjects: Law; Ethics and Moral Philosophy;

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?

Hendrik Kaptein is associate professor of jurisprudence at Leiden University. He published widely on legal argumentation, see for example Legal evidence and proof: statistics, stories, logic (Ashgate, 2009, with H. Prakken & B. Verheij)

hidden image for function call