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Review of Lloyd L. Weinreb, Legal Reason: The Use of Analogy in Legal Argument

Journal Mind & Behavior, Vol. 26, p. 307, 2005

6 Pages Posted: 8 May 2008  

Timothy S. Kaye

Stetson University College of Law

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.

Keywords: Law, Analogy, Judicial, Reasoning

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: https://ssrn.com/abstract=1130426

Timothy S. Kaye (Contact Author)

Stetson University College of Law ( email )

1401 61st Street South
Gulfport, FL 33707
United States

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