Legal reason :the use of analogy in legal argument
- 作者: Weinreb, Lloyd L.,
- 出版: Cambridge ;New York : Cambridge University Press 2005.
- 稽核項: 1 online resource (viii, 184 pages).
- 標題: Paralegals & Paralegalism. , Courts & legal procedures. , Rechtstheorie. , Juristische Argumentation , Law Methodology. , General Practice. , Electronic books. , LAW Reference. , Methodology. , Juristische Methodik , Analogie , Practical Guides. , Jurisprudence. , Logique juridique. , LAW Practical Guides. , Argumentatie. , LAW Essays. , Redeneren. , Law , LAW Jurisprudence. , LAW Paralegals & Paralegalism. , LAW General Practice. , Reference. , Analogieën. , LAW , Essays.
- ISBN: 0511326734 , 9780511326738
- ISBN: 0521849675 , 9780521849678 , 9780521614900 , 0521614902
- 試查全文@TNUA:
- 附註: Includes bibliographical references (pages 173-180) and index. Analogy and inductive and deductive reasoning -- Steamboats, broadcast transmissions, and electronic eavesdropping -- Analogical legal reasoning -- Analogical reasoning, legal education, and the law.
- 摘要: 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.
- 電子資源: https://dbs.tnua.edu.tw/login?url=https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&AN=132336
- 系統號: 005318945
- 資料類型: 電子書
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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.
來源: Google Book
來源: Google Book
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