On analogical reasoning
Article Abstract:
Analogical reasoning, which determines that the law should treat similarly cases that share certain characteristics, compares favorably with other forms of legal reasoning such as top-down theories, the search for reflective equilibrium or classification. Distinctive features of analogical reasoning include its demand for principled consistency, focus on particulars, acceptance of incompletely theorized judgments and development of principles of low or intermediate generality. The emphasis on particulars provides an important corrective within the rule-based system of law.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
Exemplary reasoning: semantics, pragmatics, and the rational force of legal argument by analogy
Article Abstract:
Attorneys, judges, and legal scholars often build arguments using the technique of reasoning by analogy, creating legal arguments as rational and strong as scientific analogical arguments. The process of legal reasoning by analogy consists of initial inference or abduction of a rule, confirmation or disconfirmation of the rule inferred, followed by application of the inferred rule to the situation being analyzed. Judges' analogical arguments regarding rule of law values should be interpreted as relying on applicable rules within the overall reasoning process.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Incompletely theorized agreements
Article Abstract:
Incompletely theorized agreements provide an effective way to come to agreement on particular outcomes in a pluralistic democratic society. Such incompletely theorized agreements occur when there is agreement on results without agreement on abstract principles. For example, people may agree to a policy such as protecting endangered species, while maintaining different reasons for supporting it. The reliance on incompletely theorized agreements is especially suitable for the judiciary, but extends to other aspects of society as well.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Acquiring an historical understanding of duties to disclose, fraud, and warranties. Attorneys and the Bankruptcy Reform Act of 2001: understanding the imposition of sanctions against debtors' counsel
- Abstracts: Intervening rights: a potential hidden trap for reexamined patents. New Australian Patents Act
- Abstracts: Organizational ethical standards and organizational commitment. Experiential ethics: a blueprint for personal and corporate ethics
- Abstracts: GATT riddance? Deregulating the semiconductor industry. Chipping away at industrial policy
- Abstracts: Responsible republicanism: educating for citizenship. Religious accommodation under Title VII: the burdenless burden