Analogical Legal Reasoning: Theory and Evidence
نویسندگان
چکیده
منابع مشابه
Analogical Reasoning
Logical and analogical reasoning are sometimes viewed as mutually exclusive alternatives, but formal logic is actually a highly constrained and stylized method of using analogies. Before any subject can be formalized to the stage where logic can be applied to it, analogies must be used to derive an abstract representation from a mass of irrelevant detail. After the formalization is complete, ev...
متن کاملAn Actual Application of an Analogical Legal Reasoning System Dependent on Legal Purposes
We have already developed a legal reasoning system by analogy based on a framework, called Goal-Dependent Abstraction (GDA), to detect similarities dependent on given goals. According to the framework, two legal concepts are regarded as similar ones, provided they share the same explanation of a legal purpose as the goal to be explained. Consequently, we can automatically capture similarities b...
متن کاملRelational Frame Theory and Analogical Reasoning: Empirical Investigations
Much RFT-based research has concentrated on using derived relational responding to model particular aspects of language and higher cognition. One by now particularly successful example of this research is that which has modelled analogical language in terms of the relating of derived relations. The current article describes the progress of research in this area. Initial RFT-based models of anal...
متن کاملAnalogical Reasoning
Analogy is a kind of similarity in which the same system of relations holds across different sets of elements. Analogies thus capture parallels across different situations. The elements that belong to the two situations need not be similar, but the relations that hold the systems together must be alike. However, as discussed below, analogical processing is easier if some concrete features are a...
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ژورنال
عنوان ژورنال: SSRN Electronic Journal
سال: 2010
ISSN: 1556-5068
DOI: 10.2139/ssrn.1612837