Academic

Walton on Analogy & Precedent

By Lawrence Solum

Douglas Walton (University of Windsor) has posted Similarity, Precedent and Argument from Analogy on SSRN. Here is the abstract:

In this paper, it is shown (1) that there are two schemes for argument from analogy that seem to be competitors but are not, (2) how one of them is based on a distinctive type of similarity premise, (3) how to analyze the notion of similarity using story schemes illustrated by some cases, (4) how arguments from precedent are based on arguments from analogy, and in many instances arguments from classification, and (5) that when similarity is defined by means of story schemes, we can get a clearer idea of how it integrates with the use of argument from classification and argument from precedent in case-based reasoning by using a dialogue structure.

Full post as published by Legal Theory Blog on February 04, 2011 (boomark / email).