20 июн. 2006 г. · An analogical argument in legal reasoning is an argument that a case should be treated in a certain way because that is the way a similar case ... Precedent and analogy in... · Precedent · Analogy

Reasoning by analogy works by inferring from the recognition that two items share some traits that they share an additional trait that one of them is known ...

Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the pre-.

Judges in legal cases use analogical reasoning to decide which similarities between cases are important.

Abstract—Analogical reasoning is a pervasive feature of the common law, yet its. structure and rational force is much disputed by legal theorists, some of whom ...

This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages. The advantages identified for ...

In law, analogical reasoning typically has four different but overlapping features: principled consistency, a focus on particulars, incompletely theorized ... In General · Analogical Thinking in Law: Its...

22 сент. 2022 г. · Rule-based analogical reasoning involves two steps. The first step is to identify an existing rule that is proposed to be applied to the case to be decided.

“The remoter and more general aspects of the law are those which give it universal interest. It is through them that you not only become a great.

13 янв. 2024 г. · A court will likely conclude that Goodspeed had the intent to commit a larceny within the tent because he entered to permanently take matches therein.