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Readings in Jurisprudence

Philosophy 14 (56):504-505 (1939)

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  1. The Structure of Arguments by Analogy in Law.Luís Duarte D’Almeida & Cláudio Michelon - 2017 - Argumentation 31 (2):359-393.
    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 (...)
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