Review of Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument
Timothy S. Kaye
Stetson University College of Law
Journal Mind & Behavior, Vol. 26, p. 307, 2005
This book review praises Lloyd Weinreb for re-asserting that the use of analogy is at the core of legal - and particularly judicial - reasoning. It finds, however, that he is not quite prepared to accept the implications of his own argument: namely that judges in a common law system can, do and must make law. It is submitted that this obsession to pretend that judges do not make law is peculiarly American. Judges throughout the rest of the common law world are commonly seen as doing just that, and regularly acknowledge that fact.
Number of Pages in PDF File: 6
Keywords: Law, Analogy, Judicial, ReasoningAccepted Paper Series
Date posted: May 8, 2008
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