Araj, H.: Integration of an analogical reasoning model in a model of case resolution (1996)
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- Abstract
- The resolution of cases in law depends on the generation of metaphors by analogy. It progresses by association, affinity and juxtaposition of two divergent ideas in an integrative approach. To argue a case, a legal expert cannot limit himself to the perception of isolated facts, but instead must find affinities between fields expressing more cohesion in law. In this paper, it is argued that the legal specialist relies on abstract categorization to discover a precedent and thereby create a metaphorical link that serves in the argumentation stage, and also later on in the resolution of the case. On this basis, a model of case reasoning is charted that integrates a model of analogical reasoning
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