Legal Reason describes and explains analogical reasoning, the
distinctive feature of legal argument. It challenges the prevailing
view that analogical reasoning is a logically flawed, defective
form of deductive reasoning. Drawing on work in epistemology and
cognitive psychology, the book shows that analogical reasoning in
the law is the same as that used by everyone routinely in ordinary
life, and that it is a valid form of reasoning, derived from the
innate human capacity to recognize the general in the particular.
The use of analogical reasoning in law is dictated by the nature of
law, which calls for the application of general rules to particular
facts. Critiques of the first edition of the book are addressed
directly and objections answered in a new chapter. Written for
scholars, students, and persons interested in law, Legal Reason is
written in accessible prose, with examples drawn from the law and
everyday experience.
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