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The Legal OrderOn Analogical Use of Legal Rules

The Legal Order: On Analogical Use of Legal Rules [In this chapter the author explores the use of analogical reasoning in juridical argumentation. The two necessary conditions for an analogical relation between two rules are the existence of a formal analogy-relation, described in terms of some genetic-topological relations, and the existence of a material analogy-relation, i.e., the arguments used to justify the making of an analogy. Here the concept “similarity” plays an important role. A comparison is made with the argument from analogy in inductive logic.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

The Legal OrderOn Analogical Use of Legal Rules

Part of the Law and Philosophy Library Book Series (volume 123)
Frändberg, Åke
The Legal Order — Aug 17, 2018
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35 pages

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Publisher
Springer International Publishing
Copyright
© Springer International Publishing AG, part of Springer Nature 2018
ISBN
978-3-319-78857-9
Pages
153 –188
DOI
10.1007/978-3-319-78858-6_9
Publisher site
See Chapter on Publisher Site

Abstract

[In this chapter the author explores the use of analogical reasoning in juridical argumentation. The two necessary conditions for an analogical relation between two rules are the existence of a formal analogy-relation, described in terms of some genetic-topological relations, and the existence of a material analogy-relation, i.e., the arguments used to justify the making of an analogy. Here the concept “similarity” plays an important role. A comparison is made with the argument from analogy in inductive logic.]

Published: Aug 17, 2018

Keywords: Power Lawn Mower; Individual Normativised Fact; Loyalty Principle; Juridical Thinking; Parallel Institutions

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