Bartosz Brozek: Analogy in Legal
Discourse
Abstract: The aim of the paper is to
show what the logical structure of reasoning by analogy in legal discourse is.
Recently, two attempts – due to Brewer and Weinreb – have been made
to explain analogical arguments. I criticize them both. Next, against the
background of several examples, I reconstruct the general structure of analogy.
The structure is taken as a starting point for developing a logical conception
of analogical reasoning. It is my claim that analogy is partially reducible to
the process of balancing.
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