Legal Reason

The Use of Analogy in Legal Argument

by Lloyd L. Weinreb

Legal Reason describes and explains the process of analogical reasoning, which is the distinctive feature of legal argument. It challenges the prevailing view, urged by Edward Levi, Cass Sunstein, Richard Posner and others, which regards analogical reasoning as logically flawed or as a defective form of deductive reasoning. It shows that analogical reasoning in the law is the same as the reasoning used by all of us routinely in everyday life and that it is a valid form of reasoning derived from the innate human capacity to recognize the general in the particular, on which thought itself depends. The use of analogical reasoning is dictated by the nature of law, which requires the application of rules to particular facts. Written for scholars as well as students and persons generally who are interested in law, Legal Reason is written in clear, accessible prose, with many examples drawn from the law and from everyday experience.
  • Cambridge University Press; February 2005
  • ISBN: 9780511110269
  • Read online, or download in secure PDF format
  • Title: Legal Reason
  • Author: Lloyd L. Weinreb
  • Imprint: Cambridge University Press

In The Press

'The author displays a rare ability to be concise and convincing, precise and gripping, ensuring that this book will serve as both a thought-provoking work to those familiar with legal thought and jurisprudence, and as an approachable book to legal novices.' Harvard Law Review