Analogy and exemplary reasoning in legal discourse / edited by Hendrik Kaptein and Bastiaan van der Velden.
2018
K212 .A533 2018 (Mapit)
Available at Stacks
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Items
Details
Title
Analogy and exemplary reasoning in legal discourse / edited by Hendrik Kaptein and Bastiaan van der Velden.
Imprint
Amsterdam : Amsterdam University Press, [2018]
Copyright
©2018
Description
195 pages ; 24 cm
Formatted Contents Note
Introduction
Imitation and analogy / Amalia Amaya
Indefeasible analogical argument / Scott Brewer
Is analogy a form of legal reasoning? / Bartosz Brożek
Analogical reasoning and extensive interpretation / Damiano Canale and Giovanni Tuzet
Analogy and balancing : the partial reducibility thesis and its problems / David Duarte
Analogy and balancing : a reply to David Duarte / Bartosz Brożek
Analogy and balancing once again : a reply to Bartosz Brożek / David Duarte
Argument by analogy in the law / Martin Golding
Undoing damage by analogy : as if (almost) nothing happened, with notes on the meaning of everything / Hendrik Kaptein
Analogy in the strict liability rules in the Dutch civil code / Bastiaan van der Velden.
Imitation and analogy / Amalia Amaya
Indefeasible analogical argument / Scott Brewer
Is analogy a form of legal reasoning? / Bartosz Brożek
Analogical reasoning and extensive interpretation / Damiano Canale and Giovanni Tuzet
Analogy and balancing : the partial reducibility thesis and its problems / David Duarte
Analogy and balancing : a reply to David Duarte / Bartosz Brożek
Analogy and balancing once again : a reply to Bartosz Brożek / David Duarte
Argument by analogy in the law / Martin Golding
Undoing damage by analogy : as if (almost) nothing happened, with notes on the meaning of everything / Hendrik Kaptein
Analogy in the strict liability rules in the Dutch civil code / Bastiaan van der Velden.
Summary
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"
Note
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"
Bibliography, etc. Note
Includes bibliographical references (pages 177-187) and index.
Available in Other Form
Electronic version: 9789462985902
Call Number
K212 .A533 2018
Language
English
ISBN
9789462985902 hardcover
9462985901 hardcover
9048537142
9789048537143
9462985901 hardcover
9048537142
9789048537143
Record Appears in