Analogical reasoning in law / by Maciej Koszowski.

Format:

Book

Author/Creator:

Koszowski, Maciej, author.

Language:

English

Subjects (All):

Law--Methodology.

Law.

Physical Description:

1 online resource (232 pages)

Edition:

1st ed.

Place of Publication:

Newcastle upon Tyne, England : Cambridge Scholars Publishing, [2019]

Summary:

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.

Contents:

Intro

Epigraph

Authors Note

Table of Contents

Part I

Chapter One

Chapter Two

Chapter Three

Chapter Four

Chapter Five

Conclusions

Part II

Introduction

Bibliography

Subject Index

Index of Names.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

1-5275-3249-6

OCLC:

1096185713