01500     2200205   4500001002100000005001500021008004100036020001800077035001900095041000800114082001200122084001800134100002100152245006000173260003400233300003300267500002000300504003000320520094400350INLIS00000000000009220200508200701200508|||||||||   |   |||   |||| ||eng||  a0-521-61490-2  0010-0520000092  aeng0 a340.112  a340.112/WEI/L0 aLloyd L. Weinreb00aLegal Reason The Use of Analogy in Legal Argument 06659  aCambridgebMc Graw Hillc2005  avii, 181p.; 21.5cm.c21.5cm.  aIndeks : Indeks  aBibliography p. 169 - 172  aLegal Reason 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, which 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 to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience.