Taking analogy seriously: Statutory analogy in creation and interpretation of law
نویسندگان
چکیده
منابع مشابه
Teaching and Using Analogy in Law
Analogy plays a central role in legal reasoning, yet how to analogize is poorly taught and poorly practiced. We all recognize when legal analogies are being made: when a law professor suggests a difficult hypothetical in class and a student tentatively guesses at the answer based on the cases she read the night before, when an attorney advises a client to settle because a previous case goes aga...
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Thinkers and philosophers have constantly benefited from different approaches of reasoning to explore and justify their ideas. Theses reasoning approaches are considered as the principle instruments in speculative activities of the thinkers. To this end to achieve the procedure of thinking and the way philosophers achieve objectives, it is necessary to recognize their reasoni...
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Visual analogical mapping and transfer can be used to derive a structural model of a drawing by analogy, and, moreover, the problem of analogical mapping can be guided by using functional knowledge. We view the interpretation drawings of designs as deriving a structural model of the components and connections of the depicted device. This problem is not deductive in nature but, rather, it is abd...
متن کاملAnalogy
Analogy is a special kind of similarity (see Goldstone & Son, Chap. 2). Two situations are analogous if they share a common pattern of relationships among their constituent elements even though the elements themselves differ across the two situations. Typically, one analog, termed the source or base, is more familiar or better understood than the second analog, termed the target. This asymmetry...
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ژورنال
عنوان ژورنال: Pravni zapisi
سال: 2020
ISSN: 2217-2815,2406-1387
DOI: 10.5937/pravzap0-29531