na INLIS000000000003486 20200508202324 200508||||||||| | ||| |||| ||eng|| 9780521849675 010-0520003486 eng 340.11 340.11/WEI/L Llyod L. Weinreb Legal Reason : The Use of Analogy in Legal Argument Cambridge Cambridge University Press 2005 viii, 184p. ; 22 cm. 22 cm. Indeks : p.181 - 184 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. Law - Methodology