Legal reason : the use of analogy in legal argument / Lloyd L. Weinreb, Harvard Law School.
2016
Formats
Format | |
---|---|
BibTeX | |
MARCXML | |
TextMARC | |
MARC | |
DublinCore | |
EndNote | |
NLM | |
RefWorks | |
RIS |
Items
Details
Title
Legal reason : the use of analogy in legal argument / Lloyd L. Weinreb, Harvard Law School.
Edition
Second edition.
Imprint
New York : Cambridge University Press, 2016.
Description
1 online resource (x, 188 pages) : digital, PDF file(s)
Formatted Contents Note
Steamboats, broadcast transmissions, and electronic eavesdropping
Analogical legal reasoning
Objections
Analogical reasoning, legal education, and the rule law.
Analogical legal reasoning
Objections
Analogical reasoning, legal education, and the rule law.
Summary
Legal Reason describes and explains analogical reasoning, the distinctive feature of legal argument. It challenges the prevailing view that analogical reasoning is a logically flawed, defective form of deductive reasoning. Drawing on work in epistemology and cognitive psychology, the book shows that analogical reasoning in the law is the same as that used by everyone routinely in ordinary life, and that it is a valid form of reasoning, derived from the innate human capacity to recognize the general in the particular. The use of analogical reasoning in law is dictated by the nature of law, which calls for the application of general rules to particular facts. Critiques of the first edition of the book are addressed directly and objections answered in a new chapter. Written for scholars, students, and persons interested in law, Legal Reason is written in accessible prose, with examples drawn from the law and everyday experience.
Note
Title from publisher's bibliographic system (viewed on 31 Jan 2017).
Location
WWW
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781316597774 ebook
9781107153462 (hardback)
9781316607329 (paperback)
9781107153462 (hardback)
9781316607329 (paperback)
Record Appears in