24 novembre 2014

Strategic reading and far-fetched analogies in legal cultures from East and West

par Stefan Goltzberg

24 Nov. 2014 Stefan Goltzberg will give a paper on "Strategic reading and far-fetched analogies in legal cultures from East and West" at the AREW : Analogical Reasoning – East and West conference at the Karl Jaspers Centre for Advanced Transcultural Studies in Heidelberg, Germany.
That analogy is a widespread if not universal device is seems an accepted idea. Legal argumentation and comparative law could offer new insights into how exactly analogy functions across cultures. I plan to compare legal cultures from the point of view of the level of likelihood and resemblance that an analogy needs to respect. Some legal cultures allow far-fetched analogies, such as US law or Talmudic law. Some legal cultures, on the other hand, will demand analogies to meet some more stringent criteria of reasonableness. Obviously, each legal culture issues some standards of likelihood but these standards differ among legal cultures.

The distinction between cultures that dismiss far-fetched analogies in legal argumentation and cultures that allow them does not directly coincide with any division between East and West. Both Eastern world and the West display heterogeneous legal cultures. It all depends on how strategic legal analogies can be in the different legal cultures.

Schedule soon available : https://analogicalreasoning.wordpress.com/schedule/

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