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Katharina von Radziewsky

“Reasoning By Precedent”

Abstract: When common-law judges decide cases, they often have to take binding precedent into account. My talk will introduce the two main accounts of reasoning by precedent, the rule-account and the similarity- account. I will explain why the rule-account of reasoning by precedent is ultimately untenable. I will outline the main problems similarity-accounts face. Then I will use research into the way metaphors and analogies work as well as insights of argumentation theory and rhetoric to construct an analogy-account of reasoning by precedent that can answer the main objections.

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Date(s) - October 9, 2015
3:30 pm - 5:00 pm

McMaster University, Kenneth Taylor Hall 109


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