Abstract / Description of output
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 language | English |
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Title of host publication | Analogy and Exemplary Reasoning in Legal Discourse |
Editors | Hendrik Kaptein, Bastiaan van der Velden |
Publisher | Amsterdam University Press |
Chapter | 1 |
Pages | 13-32 |
ISBN (Electronic) | 9789048537143 |
ISBN (Print) | 9789462985902 |
DOIs | |
Publication status | Published - 1 Apr 2018 |
Keywords / Materials (for Non-textual outputs)
- exemplars
- imitation
- virtue
- character
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Amalia Amaya Navarro
- School of Law - Professor of Law and Philosophy
- Edinburgh Centre for Legal Theory
Person: Academic: Research Active