Argument by Analogy In Europian Law

Langenbucher, Katja

doi:10.1017/s0008197398003031

Cited by 32 publications

(7 citation statements)

References 4 publications

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“…Directionality between analogates should not be confused with other criteria, such as those used in the distinctions between a posteriori and a priori analogies (Govier 1989(Govier , 2002(Govier , 2010, inductive versus deductive analogies (Barker 1989), and empirical versus normative analogies (Langenbucher 1998;Eemeren and Garssen 2014). These distinctions may be of interest while classifying analogical arguments but are scantly relevant while classifying analogies in general.…”

Section: A Classification Of the Different Types Of Analogies Based Omentioning

confidence: 99%

Proposal of a Classification of Analogies

Alvargonzález

2020

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In this paper, I will propose a classification of analogies based on their internal structure. Selecting the criteria used in that classification first requires discussing the minimal constitutive parts of any analogy. Accordingly, I will discuss the differences between analogy and similarity and between analogy and “synalogy,” and I will stress the importance of the analogy of operations and procedures. Finally, I will set forth a classification of the different types of analogies, which lends itself to a further understanding of the differences between certain modulations of the general idea of analogy, such as archetypes, prototypes, models, simulations, parables, paradigms, canons, maps, thought experiments, myths, utopias, dystopias and fables.

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Section: A Classification Of the Different Types Of Analogies Based Omentioning

confidence: 99%

Proposal of a Classification of Analogies

Alvargonzález

2020

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“…The example involves analogy, which is an extreme type of emphasizing certain similarities. The element of comparison is indeed also brought to the fore mostly with regard to analogical reasoning (Langenbucher 1998). I propose, however, that the comparison operation is vital to regular legal reasoning as well.…”

Section: Abduction Ibe and Comparisonmentioning

confidence: 99%

The Potential of Abductive Legal Reasoning

Askeland

2020

Ratio Juris

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The article describes the potential of abductive legal reasoning as a means of systematically exploring the role of inferences within legal reasoning. Starting out from the structures of abduction as originally presented by Peirce in his four-horsemen example, the author points to the fact that Peirce actually employed a hypothesis that targeted an institutional fact. Hence the abductive inference has a great potential for categorising new phenomena under norms, yet it is undertheorised within the field of law as compared to other fields of science. The article presents the idea of comparison in the frame of "double abduction" as an important feature of legal reasoning. a severe row. Anne infers that Mike and Harry have become friends again. (This inference is the weak form of abduction.) 1 In the strong form of abduction, the IBE theory renders both an initial selection of several explanations and additionally a scheme for choosing the best of these explanations (Iranzo 2007). Hence, abductive reasoning, in its developed form, offers the best explanation available based on the perceiver's background knowledge and new information gathered.The intellectual operations explained above have many commonalities with solving legal questions. Yet the subject of abductive reasoning within law is scarcely investigated. In this article I will explore the possible potential that abductive reasoning holds within law and legal reasoning.

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“…For a long time in judicial activity, the legislator's silence regarding the legal regime for the lease of certain elements of an object was regarded as a case of "qualified silence of a negative type" (Langenbucher, 1998), equivalent to an implicit ban that cannot be overcome in law enforcement activities neither through interpretation nor through the analogy. So, in paragraph 1 of the Information letter dated January 11, 2002 No.…”

Section: The Gap In the Legal Definition Of The Part Of The Object As...mentioning

confidence: 99%

Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

Mikryukov¹

2020

JPL

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The study is relevant, as multi-variant rental relationships are wide-spread, requiring a seamless legal definition of the key elements of the lease design. The aim is to identify and, by analogy, comprehensively develop the legal regime of problematic and atypical leases, thus strengthening the doctrinal basis for filling legal gaps in the practice of applying civil law by analogy. Combined with special technical-legal and comparative-legal methodological tools, the article applied general logical methods of analysis, synthesis, induction, deduction, comparison and generalization. This research is peculiar in that the method of analogy acted simultaneously as a means, and as an object of study. Specific gaps in the legal definition of the list and properties of present and future things and their parts as admissible lease facilities were identified; a practical idea to improve the regulatory structure of the lease arrangement was formulated. The work helps to achieve greater contractual freedom and variability of economic activity, promotes the involvement of a greater number of material goods in the property turnover, at the same time helping to unlock the potential of the analogy method in the legal regulation of economic activity.

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Argument by Analogy In Europian Law

Cited by 32 publications

References 4 publications

Proposal of a Classification of Analogies

Proposal of a Classification of Analogies

The Potential of Abductive Legal Reasoning

Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

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