Analogy and Interpretation in Legal Argumentation

Canale, & Tuzet. (2014). Analogy and Interpretation in Legal Argumentation. Argumentation Library.

Type

Book chapter

Intellectual base

Review or monograph

Year

2014

DOI

10.1007/978-3-319-06334-8_13

Link

https://doi.org/10.1007/978-3-319-06334-8_13

Cited by

1 citation across 1 artifact.

Each citation links to the sentence it supports in the citing article.

Domain-specific

• Analogia Legis
  • In a standard doctrinal account, extensive interpretation keeps the target within a defensible meaning of an existing provision

    This sourceStates the standard doctrinal boundary between extensive interpretation and analogy - extending the meaning of an existing norm versus creating one to fill a gap - while arguing that the two are hard to tell apart in practice, since their outcomes coincide.

Verification

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Registry ID ref:3f9369b50ef2 · see in the full table