Three meanings of analogical reasoning in law

Daniela Tiscornia · Information & Communications Technology Law · 1994

This paper analyses analogical reasoning in law. The analogical process is examined mainly from a structural perspective, using the civil law system. Some proposals are also added for enriching the model with conceptual elements, in order to capture the meaning of the eadem ratio criterion. The features of case‐based reasoning are also briefly discussed and compared with analogical inferences from cases in a rule‐based argument model.

Read the paper · More papers on PaperTik