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Vol 21 No 10 Oct/Nov 2016

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A new edition has been published, the details can be seen here:
Legal Reason: The Use of Analogy in Legal Argument 2nd ed isbn 9781316607329

Legal Reason: The Use of Analogy in Legal Argument


ISBN13: 9780521614900
ISBN: 0521614902
New Edition ISBN: 9781316607329
Published: April 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £21.99
Hardback edition , ISBN13 9780521849678



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Legal 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.

Subjects:
Legal Skills and Method
Contents:
1. Analogical reasoning at bay
2. Steamboats, broadcast transmissions, and electronic eavesdropping
3. Analogical legal reasoning
4. Analogical reasoning and the law
Appendix A. Note on analogical reasoning
Appendix B. Biographical notes
Endnotes.