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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Legal Reason

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ISBN13: 9780521849678
Published: July 2007
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £54.99
Paperback edition , ISBN13 9780521614900

This is a Print On Demand Title.
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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.

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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.