Analogical Reasoning in Law

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Title: Analogical Reasoning in Law
Description: This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Authors: Maciej Koszowski, Author
Resource Type: eBook.
Subjects: Law--Methodology
Categories: LAW / Jurisprudence, PHILOSOPHY / General
Database: eBook Collection (EBSCOhost)
FullText Links:
  – Type: ebook-pdf
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  Availability: 0
Header DbId: nlebk
DbLabel: eBook Collection (EBSCOhost)
An: 2098063
RelevancyScore: 1090
AccessLevel: 6
PubType: eBook
PubTypeId: ebook
PreciseRelevancyScore: 1090.09973144531
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  Data: Analogical Reasoning in Law
– Name: Abstract
  Label: Description
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  Data: This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
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  Data: <searchLink fieldCode="AR" term="%22Maciej+Koszowski%2C+Author%22">Maciej Koszowski, Author</searchLink>
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RecordInfo BibRecord:
  BibEntity:
    Classifications:
      – Code: 340.1
        Scheme: ddc
        Type: prePub
    Languages:
      – Code: eng
        Text: English
    Subjects:
      – SubjectFull: Law--Methodology
        Type: general
    Titles:
      – TitleFull: Analogical Reasoning in Law
        Type: main
  BibRelationships:
    HasContributorRelationships:
      – PersonEntity:
          Name:
            NameFull: Maciej Koszowski, Author
      – PersonEntity:
          Name:
            NameFull: Maciej Koszowski, Author
    IsPartOfRelationships:
      – BibEntity:
          Dates:
            – D: 01
              M: 01
              Type: published
              Y: 2019
            – D: 13
              M: 04
              Type: profile
              Y: 2019
          Identifiers:
            – Type: isbn-print
              Value: 9781527522329
            – Type: isbn-electronic
              Value: 9781527532496
          Titles:
            – TitleFull: Analogical Reasoning in Law
              Type: main
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