Lecture 6 s 10 analogy - ANALOGY & LEGAL REASONING...

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Analogical reasoning Perhaps the most fundamental and common of all rational processes Depends on a comparison of instances. Basic Form : Entity A has attributs a , b , c and z . Entity B has attributes a , b , c . Therefore entity B probably has attribute z , too
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STRENGTH Analogical arguments are inductive . If a, b and c are relevant to z, (=connected in some important way) the argument is strong ; if not, the argument s weak .
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GENERALIZATIONS Analogies are related but not equivalent to generalizations Basic form of a generalization - Step 1 (inductive): A large, representative sample of a's have attribute z. Therefore all a's must have attribute z. Step 2 (deductive): This individual is an a. Therefore this individual must have attribute z.
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INSTANCE TO INSTANCE Analogies do not appeal to an intermediate generalization i.e., there is no deductive moment. Analogies move directly from one or more individual instances to a conclusion about another instance.
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ANALOGUES The items compared are called analogues . We are trying to draw a conclusion about B based on its similarities to A (i.e., we start with A and go to B ) The entity A is called the primary analogue . The entity B is called the secondary analogue . There may be any number of primary analogues.
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EVALUATING ANALOGIES 6 principles for judging the strength of analogies: Relevance of similarities between analogues Number of similarities Nature and degree of disanalogies Number of primary analogues Diversity among primary analogues Specificity of conclusion
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1. RELEVANCE OF SIMILARITIES The argument is strong if the similarities to which the arguer points are relevant . Drawing a conclusion car B will have the same gas milage as car A based on the facts that: weak They have the same color upholstery and the same sound system strong They have the same engine and the same weight.
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2. NUMBER OF SIMILARITIES The greater the number of similarities between A and B, the stronger the argument. The car not only has the same engine and is the same weight, but also the same gear ratio, tires, body . . .
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Differences between the analogues are called Disanalogies . If the conclusion is that the analogues are alike in some way, relevant disanalogies weaken the argument; if the conclusion is that the analogues are different , they strengthen the argument. An additional analogue that supports a
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This note was uploaded on 09/08/2010 for the course LING 21 at San Jose State University .

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Lecture 6 s 10 analogy - ANALOGY & LEGAL REASONING...

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