The Use of Analogy in Legal Argument
By (author) Lloyd L. Weinreb
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Legal Reason by Lloyd L. Weinreb
Book DescriptionLegal Reason describes and explains the process of analogical reasoning, which is the distinctive feature 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 a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience.
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Book DetailsISBN: 9780521614900
(216mm x 138mm x 11mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 14-Feb-2005
Country of Publication: United Kingdom
Books By Author Lloyd L. Weinreb
Legal Reason, Hardback (February 2005)
Legal Reason is written in accessible prose, with examples from law and from everyday life.
Natural Law and Justice, Paperback (July 1990)» View all books by Lloyd L. Weinreb
"Human beings are a part of nature and apart from it." The argument of "Natural Law and Justice" is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe.
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Author Biography - Lloyd L. Weinreb
Lloyd L. Weinreb is a Dane Professor of Law at Harvard Law School. He is the author of Natural Law and Justice and Oedipus at Fenway Park: What Rights Are and Why There Are Any.
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