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Judul Legal Reason : The Use of Analogy in Legal Argument
Pengarang Llyod L. Weinreb
Penerbitan Cambridge Cambridge University Press 2005
Deskripsi Fisik viii, 184p. ; 22 cm.22 cm.
ISBN 9780521849675
Subjek Law - Methodology
Abstrak This book describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner, and others, with regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules of particular facts. Written for schollar as well as students, practitioners, and persons who are generally interest in law, it is written in clear, accessible prose, with many examples drawn from the law and everyday experience.
Catatan Indeks : p.181 - 184
Bahasa Inggris
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No Barcode No. Panggil Akses Lokasi Ketersediaan
00000011589 340.11/WEI/L Dapat dipinjam Perpustakaan Lantai 3 - Mahkamah Konstitusi RI Tersedia
pesan
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020 $a 9780521849675
035 0010-0520003486
041 $a eng
082 0 $a 340.11
084 $a 340.11/WEI/L
100 0 $a Llyod L. Weinreb
245 0 0 $a Legal Reason : The Use of Analogy in Legal Argument
260 $a Cambridge $b Cambridge University Press $c 2005
300 $a viii, 184p. ; 22 cm.$c 22 cm.
500 $a Indeks : p.181 - 184
520 $a This book describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner, and others, with regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules of particular facts. Written for schollar as well as students, practitioners, and persons who are generally interest in law, it is written in clear, accessible prose, with many examples drawn from the law and everyday experience.
650 0 $a Law - Methodology
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