Unlike some other types of argument that lawyers commonly use, arguments by analogy have been the object of a considerable amount of research. Not just arguments by analogy, but analogical thinking more generally and its relation to many aspects of law and its application. The topics that have been discussed—by authors from many countries and legal traditions—are simply too numerous to cover, however superficially, in a single chapter. ...With this in mind, we will begin, in Section 2, by introducing and discussing a simple model of arguments by analogy, and by showing how its adoption by lawyers and courts would make their own arguments both more rational and more transparent. Philosophically, the simple model is too simple, and we discuss its shortcomings in Section 3. Yet the simple model is in several respects a good one: it would be a welcome development if it were to make its way into actual practice.
Arguments by analogy
Zorzetto S.
Writing – Original Draft Preparation
;
2025-01-01
Abstract
Unlike some other types of argument that lawyers commonly use, arguments by analogy have been the object of a considerable amount of research. Not just arguments by analogy, but analogical thinking more generally and its relation to many aspects of law and its application. The topics that have been discussed—by authors from many countries and legal traditions—are simply too numerous to cover, however superficially, in a single chapter. ...With this in mind, we will begin, in Section 2, by introducing and discussing a simple model of arguments by analogy, and by showing how its adoption by lawyers and courts would make their own arguments both more rational and more transparent. Philosophically, the simple model is too simple, and we discuss its shortcomings in Section 3. Yet the simple model is in several respects a good one: it would be a welcome development if it were to make its way into actual practice.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
