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  1.  13
    Analogical Reasoning as Translation:: The Pragmatics of Transivity.Jonathan Yovel - 2000 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 13 (1):1-27.
    This paper attempts to examine the underlying structure of analogical reasoning in decision making. The immediate (but not exclusive) context is the form of reasoning commonly seen as prevalent in common-law judicial decision making. Following Wittgenstein and Strawson the paper identifies the problem of the contingency of transitivity ofanalogical relations as a serious impediment to analogical reasoning. It then proceeds to offer a method of translation that delineates the borders of contingency and analyticity of transitivity in such cases, as well (...)
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  2.  21
    Overruling Rules?Jonathan Yovel - 1996 - Pragmatics and Cognition 4 (2):347-366.
    This paper discusses issues relating to the normativity of prescriptive rules: what does it mean for a rule to be able to direct action, and what are the implications for the desirability of rule-based decision-making? It is argued that: cognitively, one must allow for more than a single answer to the first question ; and normatively, these different structures typically serve for different purposes in allocation of power and discretion. The next issue is the connection between rule-based decision-making and semantic (...)
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