Weinreb, Lloyd L. Legal Reason: The Use of Analogy in Legal Argument. [Cambridge]: Cambridge University Press, . viii, 184 pp. Cloth. New. $60. * Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends.
Book number 43308