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Reconstructing Complex Analogy Argumentation in Judicial Decisions: A Pragma-Dialectical Perspective

Harm Kloosterhuis

Argumentation 19 (4):471-483 (2005)

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Resources for Research on Analogy: A Multi-disciplinary Guide.Marcello Guarini, Amy Butchart, Paul Simard Smith & Andrei Moldovan - 2009 - Informal Logic 29 (2):84-197.details Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) Download Export citation Bookmark 9 citations
What is the Reason for This Rule? An Inferential Account of the Ratio Legis.Damiano Canale & Giovanni Tuzet - 2010 - Argumentation 24 (2):197-210.details Several legal arguments use the notion of ratio legis in order to sustain a normative conclusion, in particular the argument from analogy and some forms of teleological argumentation. However, determining the ratio is often a difficult and controversial task. In this paper we look firstly at the speech acts typically performed by legal practitioners in order to determine the ratio and, secondly, we take into account the argumentative commitments they undertake in so doing and the argumentative constraints put on them. (...) Download Export citation Bookmark 5 citations
(1 other version)The a simili argument: An inferentialist setting.Damiano Canale & Giovanni Tuzet - 2009 - Ratio Juris 22 (4):499-509.details The A Simili Argument draws the conclusion that a target case has a normative property Q since it shares a relevant property P with a source case. It can be seen as a complex inference constituted by three inferential steps: An abduction of the relevant property P , an induction of the class having that property, and a deduction of the target's having property Q . A major problem of this argument is the characterization of the property relevance. The standard (...) Download Export citation Bookmark 4 citations
(1 other version)The A Simili Argument: An Inferentialist Setting.Giovanni Tuzet Damiano Canale - 2009 - Ratio Juris 22 (4):499-509.details The A Simili Argument draws the conclusion that a target case has a normative property Q since it shares a relevant property P with a source case. It can be seen as a complex inference constituted by three inferential steps: An abduction of the relevant property P, an induction of the class having that property, and a deduction of the target's having property Q. A major problem of this argument is the characterization of the property relevance. The standard answer refers (...) Download Export citation Bookmark 3 citations
The Analysis and Evaluation of Legal Argumentation: Approaches from Legal Theory and Argumentation Theory.Eveline Feteris & Harm Klossterhuis - 2009 - Studies in Logic, Grammar and Rhetoric 16 (29).details Download Export citation Bookmark 1 citation

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