Analogical Reasoning
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Analogical Reasoning in Law
Author: Maciej Koszowski
language: en
Publisher: Cambridge Scholars Publishing
Release Date: 2019-04-02
This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Analogical Reasoning
Author: D.H. Helman
language: en
Publisher: Springer Science & Business Media
Release Date: 2013-06-29
In the last few years, there has been an enormous amount of activity in the study of analogy and metaphor. This is partly because of an interest of artificial intelligence researchers in simulating learning processes using analogy. It also arises from critical examinations of standard theories in the philosophy of language, with their inbuilt literal/meta phoric distinction. This volume consists of recent previously unpub lished work in this area, with a particular emphasis upon the role of analogies in reasoning and, more generally, their role in thought and language. The papers are contributed by philosophers, computer scientists, cognitive scientists and literary critics. Researchers in these fields whose focus is the study of analogy and metaphor will find much of interest in this volume. These essays can also serve as an introduction to some of the major approaches taken in the investigation of analogy. As noted, this volume brings together the work of researchers in several different disciplines. The various approaches taken with respect to the understanding of analogy tend to be rather different, however, the articles suggest a common conclusion. Analogy and metaphor pervade thought and language; their close investigation thus constitutes a valuable contribution to our understanding of persons. DAVID H. HELMAN Case Western Reserve University vii PART I CONCEPTUAL AND CATEGORICAL THEORIES OF ANALOGICAL UNDERSTANDING MARK TURNER CATEGORIES AND ANALOGIES I want to pursue the following claims: The way we categorize helps explain the way we recognize a statement as an analogy.
Analogical Reasoning in Children
Analogical reasoning is a fundamental cognitive skill, involved in classification, learning, problem-solving and creative thinking, and should be a basic building block of cognitive development. However, for a long time researchers have believed that children are incapable of reasoning by analogy. This book argues that this is far from the case, and that analogical reasoning may be available very early in development. Recent research has shown that even 3-year-olds can solve analogies, and that infants can reason about relational similarity, which is the hallmark of analogy. The book traces the roots of the popular misconceptions about children's analogical abilities and argues that when children fail to use analogies, it is because they do not understand the relations underlying the analogy rather than because they are incapable of analogical reasoning. The author argues that young children spontaneously use analogies in learning, and that their analogies can sometimes lead them into misconceptions. In the "real worlds" of their classrooms, children use analogies when learning basic skills like reading, and even babies seem to use analogies to learn about the world around them.