Abstract:This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages.The advantages identified for analogical reasoning include that it produces a wealt...This Article defends the practice of reasoning by analogy on the basis of its epistemic and institutional advantages.The advantages identified for analogical reasoning include that it produces a wealth of data for decisonmaking; it represents the collaborative effort of a number of judges over time; it tends to correct biases that might lead judges to discount the force of prior decisions; and it exerts a conservative force in law, holding the development of law to a gradual pace.Notably, these advantages do not depend on the rational force of analogical reasoning.Rather, the author contends that, as open-ended reasoning and analogical reasoning alike may sometimes result in incorrect decisions, these qualities of analogical reasoning make it a desirable method of deciding legal disputes.Read More
Publication Year: 1999
Publication Date: 1999-01-01
Language: en
Type: article
Indexed In: ['crossref']
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Cited By Count: 63
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