Publication details
Argument per analogiam - mohou nám v lepším pochopení jeho podstaty a fungování pomoci kognitivní vědy?
| Title in English | xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx |
|---|---|
| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Iurium Scriptum |
| MU Faculty or unit | |
| Citation | |
| web | Open access časopisu |
| Keywords | Legal logic; argument per analogiam |
| Description | While interpreting law we use arguments of legal logic including argument per analogiam. Within the theory of law, this argument is described and analyzed to explain its essence and functioning. Legal logic arguments are sometimes rewritten through formal logic language where it is believed that all the ambiguities caused by the common language can be eliminated. However, even aft er rewriting into the formal logic language, uncertainties still exist. Th is article highlights the inadequacy of this explanation and off ers an alternative approach based on the knowledge reached by cognitive sciences explaining what is happening while using analogy. We gain new meaning. Judges are not just the mouth of statutes and the laws, but they are actively involved in the creation of law. Th an it seems as crucial to justify their decisions in a proper way. |