Abstract

http://ssrn.com/abstract=1130426
 


 



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

Abstract:     
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, Reasoning

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Date posted: May 8, 2008  

Suggested Citation

Kaye, Timothy S., Review of Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument. Journal Mind & Behavior, Vol. 26, p. 307, 2005. Available at SSRN: http://ssrn.com/abstract=1130426

Contact Information

Timothy S. Kaye (Contact Author)
Stetson University College of Law ( email )
1401 61st Street South
Gulfport, FL 33707
United States

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