Imitation and analogy

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

Exemplary judges are important for legal theory and legal practice. Still the conception of imitation of exempla as analogical reasoning is criticized here. Imitation as character development may well be more important.Thus, there is, at least, it is argued, one kind of exemplary reasoning –namely, imitative reasoning – that is not coextensive with analogical reasoning. Exempla have educational value, help in theorizing about excellence in adjudication, and are pivotal in the evolution of legal culture.
Original languageEnglish
Title of host publicationAnalogy and Exemplary Reasoning in Legal Discourse
EditorsHendrik Kaptein, Bastiaan van der Velden
PublisherAmsterdam University Press
Pages13-32
ISBN (Print)9789462985902
DOIs
Publication statusPublished - 2018

Keywords

  • exemplars
  • imitation
  • virtue
  • character

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