Overview

This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith-astonishing or not-not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.

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9781527522329

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Dr Maciej Koszowski is a legal dogmatist, theorist and philosopher of law. Holding a PhD from the Jagiellonian University, Poland, he is the author of more than fifty academic publications. He has been a visiting researcher at the University of Tromso, Norway, the University of Akureyri, Iceland, and Aberystwyth University, UK. He is the recipient of numerous scientific awards, having also been conferred the title of the Best Alumnus of the University of Silesia for the Academic Year 2005/2006 and taking third place in the PRIMUS IN PRIMIS nationwide law competition.

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