Switch to: References

Add citations

You must login to add citations.
  1. Common-law judicial reasoning and analogy.Adam Rigoni - 2014 - Legal Theory 20 (2):133-156.
    Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...)
    Download  
     
    Export citation  
     
    Bookmark   11 citations  
  • Silencing Desires?Attila Tanyi - 2013 - Philosophia 41 (3):887-903.
    In an overlooked section of his influential book What We Owe to Each Other Thomas Scanlon advances an argument against the desire-model of practical reasoning. In Scanlon’s view the model gives a distorted picture of the structure of our practical thinking. His idea is that there is an alternative to the “weighing behavior” of reasons, a particular way in which reasons can relate to each other. This phenomenon, which the paper calls “silencing”, is not something that the desire-model can accommodate, (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations