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  1. Two-wise and Three-wise Similarity, and Non-deductive Analogical Arguments.Guarini Marcello - unknown
    This paper will add to the discourse on analogical arguments by showing that they need not be deductively reconstructed in common contexts of persuasion. Analogical arguments have varying degrees of similarity, which helps us to understand their varying degrees of strength. Pace Shecaira it will be argued that this is a common and useful way of examining analogical arguments. It will be shown that deductive reconstruction does not adequately capture the needed degrees of strength. Let us start with two-wise similarity (...)
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  • Reasoning by Precedent—Between Rules and Analogies.Katharina Stevens - 2018 - Legal Theory 24 (3):216-254.
    This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...)
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  • Case-to-Case Arguments.Katharina Stevens - 2018 - Argumentation 32 (3):431-455.
    Arguers sometimes cite a decision made in an earlier situation as a reason for making the equivalent decision in a later situation. I argue that there are two kinds of “case-to-case arguments”. First, there are arguments by precedent, which cite the mere existence of the past decision as a reason to decide in the same way again now, independent of the past decision’s merits. Second, there are case-to-case arguments from parralel reasoning which presuppose that the past decision was justified and (...)
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  • 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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  • A Particularist Approach to Arguments by Analogy.José Alhambra - 2023 - Argumentation 37 (4):553-575.
    In this article I defend what I call a ‘particularist approach to arguments by analogy.’ Particularism is opposed to generalism, which is the thesis that arguments by analogy require a universal principle that covers cases compared and guarantees the conclusion. Particularism rejects this claim and holds that arguments by analogy operate on particular cases. I elaborate on two ideas that support this position. On the one hand, I contend that an analogy can be seen as a parallelism of argumentative relationships, (...)
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  • A Method for Evaluation of Arguments from Analogy.Bo R. Meinertsen - 2016 - Cogency: Journal of Reasoning and Argumentation 7 (2):109-123.
    It is a common view that arguments from analogy can only be evaluated on a case-by-case basis. However, while this reflects an important insight, I propose instead a relatively simple method for their evaluation based on just (i) their general form and (ii) four core questions. One clear advantage of this proposal is that it does not depend on any substantial (and controversial) view of similarity, unlike influential current alternative methods, such as Walton’s. Following some initial clarification of the notion (...)
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