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 (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (shrink)

Selon une thèse largement partagée, le droit et une pratique sociale et les contributions des participants sont complémentaires les unes des autres. Dans ces conditions, le raisonnement juridique consiste d’abord en une interprétation de ces pratiques et présuppose un point de vue interne de la part de celui qui souhaite en rendre compte. Le raisonnement juridique est ainsi conçu comme une argumentation pratique, subordonnée aux exigences de la rationalité car ceux qui participent à la pratique juridique sont contraints de donner (...) des raisons à leur action et ces raisons tissent un réseau de contraintes. Très séduisante, cette thèse qui doit beaucoup à la critique des réalistes par Hart, n’en demeure pas moins justiciable de quelque critique. (shrink)

This paper applies recent work on scripts and stories developed as tools of evidential reasoning in artificial intelligence to model the use of argument from analogy as a rhetorical device of persuasion. The example studied is Gerry Spence’s closing argument in the case of Silkwood v. Kerr-McGee Corporation, said to be the most persuasive closing argument ever used in an American trial. It is shown using this example how argument from analogy is based on a similarity premise where similarity between (...) two cases is modeled using the device of a story scheme from the hybrid theory of legal evidential reasoning (Bex in Arguments, stories and criminal evidence: a formal hybrid theory. Springer, Dordrecht 2011). It is shown how the rhetorical strategy of Spence’s argumentation in the closing argument interweaves argument from analogy with explanation through three levels. (shrink)

In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of (...) episode schemes, we can get a clearer idea of how it integrates with the use of argument from classification and argument from precedent in case-based reasoning by using a dialogue structure. (shrink)

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. (...) This will lead us to distinguish different uses of the notion of ratio legis and to ask on what conditions each of them is justified. (shrink)

We contend that it is possible to argue reasonably for and against arguments from classifications and definitions, provided they are seen as defeasible (subject to exceptions and critical questioning). Arguments from classification of the most common sorts are shown to be based on defeasible reasoning of various kinds represented by patterns of logical reasoning called defeasible argumentation schemes. We show how such schemes can be identified with heuristics, or short-cut solutions to a problem. We examine a variety of arguments of (...) this sort, including argument from abductive classification, argument from causal classification, argument from analogy-based classification and arguments from classification based on generalizations. (shrink)

Argument from analogy is a common and formidable form of reasoning in law and in everyday conversation. Although there is substantial literature on the subject, according to a recent survey ( Juthe 2005) there is little fundamental agreement on what form the argument should take, or on how it should be evaluated. Th e lack of conformity, no doubt, stems from the complexity and multiplicity of forms taken by arguments that fall under the umbrella of analogical reasoning in argumentation, dialectical (...) studies, and law. Modeling arguments with argumentation schemes has proven useful in attempts to refine the analyst’s understanding of not only the logical structures that shape the backbone of the argument itself, but also the logical underpinning of strategies for evaluating it, strategies based on the semantic categories of genus and relevance. By clarifying the distinction between argument from example and argument from analogy, it is possible to advance a useful proposal for the treatment of argument from analogy in law. (shrink)

This paper argues that some traditional fallacies should be considered as reasonable arguments when used as part of a properly conducted dialog. It is shown that argumentation schemes, formal dialog models, and profiles of dialog are useful tools for studying properties of defeasible reasoning and fallacies. It is explained how defeasible reasoning of the most common sort can deteriorate into fallacious argumentation in some instances. Conditions are formulated that can be used as normative tools to judge whether a given defeasible (...) argument is fallacious or not. It is shown that three leading violations of proper dialog standards for defeasible reasoning necessary to see how fallacies work are: (a) improper failure to retract a commitment, (b) failure of openness to defeat, and (c) illicit reversal of burden of proof. (shrink)

Successful accounts of analogy in law have two burdens to discharge. First, they must reflect the fact that the conclusion of an argument by analogy is a normative claim about how to decide a certain case. Second, they must not fail to accord relevance to the fact that the source case was authoritatively decided in a certain way. We argue in the first half of this paper that the common view of the structure of analogical arguments in law cannot overcome (...) these hurdles. In the second half we develop an original account that aims to succeed where others failed. (shrink)

This essay concerns itself with the methodology of practical ethics. There are a variety of methods employed in ethics. Although none have been firmly established as dominant, it is generally agreed that casuistry, or the case-based method, is one important strategy commonly used for resolving ethical issues. Casuists compare the case under consideration to a relevantly similar precedent case in which judgements have already been made, and they use these earlier judgements to determine the proper resolution of the present case. (...) In this article, I try to provide a better understanding of the nature of contemporary casuistry. To accomplish this, I explain the basic features of casuistic reasoning. The second section focuses on the logic of casuistry. By assessing casuistic reasoning from the logical viewpoint, casuistry can be reconstructed as a logically correct method of reasoning. The third section looks at casuistry from the epistemic point of view and investigates the justificatory force of casuistic reasoning. Finally, in the fourth section, I show the usefulness of formal casuistry. (shrink)

Argument by analogy has long been regarded as the characteristic way of arguing in ancient Chinese culture. Classic Chinese philosophers not only prefer to use analogy to argue for their own views, but also take efforts to theorize it in a systematic way. This paper aims to provide a careful study on the relevant ideas in ancient China in order to reconstruct the ancient Chinese theory of argument by analogy, and then to reveal some of its distinctive features through a (...) comparison with the Western counterpart account as developed by Aristotle. It is indicated that in ancient China analogical argument was conceived primarily as a way of arguing based on classification, with a unique mechanism of taking and giving according to kind. On that basis, it is argued that although such a characterization captures the logical structure of analogical argument in a similar way to Aristotle, the ancient Chinese theory stresses the foundational role of a particular notion of kind, thus makes the construction and application of analogical arguments become highly flexible and context-sensitive. Moreover, it is also contended that in ancient China the rationale of analogical arguments is explained from a general perspective of kind, relying upon the universal knowledge pertaining to the forming of kinds. Then it is further revealed that, unlike Aristotle who emphasizes the causal links between attributes in the physical world, ancient Chinese thinkers justify analogical argument by appealing to some normative metaphysical and epistemological principles. (shrink)

This article elaborates on the relation between ethical casuistry and common law reasoning. Despite the frequent talk of casuistry as common law morality, remarks on this issue largely remain at the purely metaphorical level. The article outlines and scrutinizes Albert Jonsen and Stephen Toulmin’s version of casuistry and its basic elements. Drawing lessons for casuistry from common law reasoning, it is argued that one generally has to be faithful to ethical paradigms. There are, however, limitations for the binding force of (...) paradigms. The most important limitations—the possibilities of overruling and distinguishing paradigm norms—are similar in common law and in casuistry, or so it is argued. These limitations explain why casuistry is not necessarily overly conservative and conventional, which is one line of criticism to which casuists can now better respond. Another line of criticism has it that the very reasoning from case to case is extremely unclear in casuistry. I suggest a certain model of analogical reasoning to address this critique. All my suggestions to understand and to enhance casuistry make use of common law reasoning whilst remaining faithful to Jonsen and Toulmin’s main ideas and commitments. Further developed along these lines, casuistry can appropriately be called “common law morality.”. (shrink)

The purpose of this paper is to analyze the structure and the defeasibility conditions of argument from analogy, addressing the issues of determining the nature of the comparison underlying the analogy and the types of inferences justifying the conclusion. In the dialectical tradition, different forms of similarity were distinguished and related to the possible inferences that can be drawn from them. The kinds of similarity can be divided into four categories, depending on whether they represent fundamental semantic features of the (...) terms of the comparison or non-semantic ones, indicating possible characteristics of the referents. Such distinct types of similarity characterize different kinds of analogical arguments, all based on a similar general structure, in which a common genus is abstracted. Depending on the nature of the abstracted common feature, different rules of inference will apply, guaranteeing the attribution of the analogical predicate to the genus and to the primary subject. This analysis of similarity and the relationship thereof with the rules of inference allows a deeper investigation of the defeasibility conditions. (shrink)

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. (shrink)

The article develops and justifies, on the basis of the epistemological argumentation theory, two central pieces of the theory of evaluative argumentation interpretation: 1. criteria for recognizing argument types and 2. rules for adding reasons to create ideal arguments. Ad 1: The criteria for identifying argument types are a selection of essential elements from the definitions of the respective argument types. Ad 2: After presenting the general principles for adding reasons (benevolence, authenticity, immanence, optimization), heuristics are proposed for finding missing (...) reasons, for deductive arguments, e.g., semantic tableaux are suggested. (shrink)

I argue that a basic similarity analysis of analogical reasoning handles many apparent cases of visual analogy. I consider how the visual and verbal elements interact in analogical cases. Finally, I offer two analyses of visual elements. One analysis is evidential. The visual elements are evidence for their ver-bal counterparts. One is non-evidential: the visual elements link to verbal elements without providing evi-dence for those elements. The result is to make more room for the logical analysis of visual argumentation.

The concept of conductive argument weight was developed by Carl Wellman and later by Trudy Govier. This concept has received renewed attention recently from another informal logician, Robert C. Pinto. Argument weight has also been addressed in recent years by theorists in AI & Law. I argue from a non-technical perspective that some aspects of AI & Law’s approach to argument weight can be usefully applied to the issues addressed by Pinto. I also relate some of these issues to the (...) work of argument theorist Harald Wohlrapp. (shrink)