Reasoning by analogy: a formal reconstruction

Bart Verheij and Jaap Hage


In this paper we distinguish three logical reconstructions of reasoning by analogy in the law. The distinction between these logical forms is supported by our view on legal rules, goals and principles, and the relation between them. First, we present this view on legal rules and legal goals and principles. Second, we describe reasoning by analogy in terms of this view by means of examples. Finally, we show how these examples can be formally reconstructed in the logical formalism of Reason-Based Logic.

Keywords: Reasoning by analogy; legal knowledge representation; legal rules, goals and principles.

Verheij, Bart and Hage, Jaap (1994). Reasoning by analogy: a formal reconstruction. Legal knowledge based systems. The relation with legal theory (eds. H. Prakken, A. J. Muntjewerff and A. Soeteman), pp. 65-78. Koninklijke Vermande, Lelystad. Also published as report SKBS/B3.A/94-14.

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