Legal Reason : The Use of Analogy in Legal Argument / Lloyd L. Weinreb. electronic resource

By:

Weinreb, Lloyd L [author.]

Material type: Text

TextPublisher: Cambridge : Cambridge University Press, 2016Description: 1 online resource (197 pages) : digital, PDF file(s)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781316597774 (ebook)

Additional physical formats: Print version: : No titleOnline resources:

Click here to download

Contents:

Steamboats, broadcast transmissions, and electronic eavesdropping -- 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.

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Item type	Current library	Collection	Call number	URL	Status	Date due	Barcode	Item holds
e-book	KNCHR Library SharePoint	Non-Fiction		Link to resource	Available

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Title from publisher's bibliographic system (viewed on 03 Feb 2017).

Steamboats, broadcast transmissions, and electronic eavesdropping --
Analogical legal reasoning --
Objections --
Analogical reasoning, legal education, and the rule law.

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.

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