Legal Reason: The Use of Analogy in Legal Argument
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. 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,...
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Legal Reason is written in accessible prose, with examples from law and from everyday life.
1Analogy and inductive and deductive reasoning192Steamboats, broadcast transmissions, and electronic eavesdropping413Analogical legal reasoning654Analogical reasoning, legal education, and the law123AppA note on analogical reasoning163
