01501 2200205 4500001002100000005001500021008004100036020001800077035001900095041000800114082001100122084001700133100002100150245005600171260004800227300003300275500002500308520094000333650002201273INLIS00000000000348620200508202324200508||||||||| | ||| |||| ||eng|| a9780521849675 0010-0520003486 aeng0 a340.11 a340.11/WEI/L0 aLlyod L. Weinreb00aLegal Reason : The Use of Analogy in Legal Argument aCambridgebCambridge University Pressc2005 aviii, 184p. ; 22 cm.c22 cm. aIndeks : p.181 - 184 aThis 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. 0aLaw - Methodology