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The Constraining Force of Analogies and the Role of the Judge

In Kenneth Einar Himma, Miodrag A. Jovanović & Bojan Spaić (eds.), Unpacking Normativity - Conceptual, Normative and Descriptive Issues. New York: Hart Publishing. pp. 187 - 205 (2018)

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  1. Reasoning by Precedent—Between Rules and Analogies.Katharina Stevens - 2018 - Legal Theory 24 (3):216-254.
    This paper investigates the process of reasoning through which a judge determines whether a precedent-case gives her a binding reason to follow in her present-case. I review the objections that have been raised against the two main accounts of reasoning by precedent: the rule-account and the analogy-account. I argue that both accounts can be made viable by amending them to meet the objections. Nonetheless, I believe that there is an argument for preferring accounts that integrate analogical reasoning: any account of (...)
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