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Analogical reasoning in the common law

Abstract:

Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force is much disputed by legal theorists, some of whom are sceptical that it has any rational force at all. This article argues that part of the explanation for these disagreements lies in there being not one form of analogical reasoning in the common law, but three: classificatory analogies, close analogies and distant analogies. These three differ in their functions and rationale. Classificatory a...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqu014

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Role:
Author
Publisher:
Oxford University Press
Journal:
Oxford Journal of Legal Studies More from this journal
Volume:
34
Issue:
3
Pages:
567-588
Publication date:
2014-06-24
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Keywords:
Pubs id:
pubs:483937
UUID:
uuid:614b2422-3e84-4de9-ba45-16242bc2a168
Local pid:
pubs:483937
Source identifiers:
483937
Deposit date:
2014-09-17

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