INTRODUCTION TO LAW (HUKUKA GİRİŞ) - (İNGİLİZCE) Dersi Legal Methods soru detayı:

PAYLAŞ:

SORU:

What is the use of legal analogy?


CEVAP:

The logical form of an analogy proceeds as follows:

(1) A (the source) has characteristics p, q, and r;
(2) B (the target) has characteristics p, q, and r;
(3 A has characteristics s;
(4) Therefore, B has characteristic s.

Analogy is an extension of the scope of a norm to be applied. Yet the purpose of a statute may sometimes prohibit analogical reasoning. In such cases, the argument of reduction may come into play, which is called teleological reduction. The other most important argument types related to analogy are:
• argumenta e contrario
• argumenta a fortiori
• argumenta a minore ad maius
• argumenta a maiore ad minus