000 01722cam a2200205 i 4500
999 _c37507
_d37507
020 _a9781107153462 (hardback)
041 _aEnglish.
082 0 0 _a340.11
_bWEI-L
100 1 _aWeinreb, Lloyd L.,
_eauthor.
245 1 0 _aLegal reason :
_bthe use of analogy in legal argument /
_cLloyd L. Weinreb, Harvard Law School.
250 _a2nd ed.
260 _aNew York :
_bCambridge University Press,
_c2016.
300 _ax, 188p.
504 _aIncludes bibliographical references (pages 159-184) and index.
505 0 _aSteamboats, broadcast transmissions, and electronic eavesdropping -- Analogical legal reasoning -- Objections -- Analogical reasoning, legal education, and the rule law.
520 _aLegal 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.
546 _aEnglish.
650 0 _aLaw
_xMethodology.
942 _2ddc
_cBK