Analogical reasoning in law
"This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporar…
Read More ↓Title Statements
- Full title :Analogical reasoning in law / Maciej Koszowski.
Summary
"This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith--astonishing or not--not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy."--
Read More ↓Edition Statements
- Publication Date:2019.
Publication Statements
- Publisher(s):Cambridge Scholars Publishing
- Place of Publication:Newcastle upon Tyne, UK
- Language:eng
- Publication Date:2019.
The Physical Object
- Description:xi, 220 pages ; : 21 cm
Edition Identifiers
- ISBN:1527522326, 9781527522329
- oclc:on1078425064
- LC Classification:K212
- Dewey Decimal:340.1
Table of Contents
Introductory remarks -- Some mistaken attempts made in order to capture the very gist of legal analogy -- The intuitive model of legal analogy -- The perks of basing analogy on intuitive thinking -- A coda -- The premises of legal analogy -- The structure (scheme) of legal analogy -- Ways and scope of application of analogical reasoning in the legal domain -- How to make legal analogy look stronger or weaker
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