Analogical Reasoning in Statutory Law
Maciej Koszowski
Broschiertes Buch

Analogical Reasoning in Statutory Law

An Extraordinarily Broad Scope for Application

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Analogical reasoning plays a vital role not only in the domain of precedential law - which may be regarded as a natural home for analogical inference - but also in the province of statutory law. As the author diligently shows, analogy is employed here above all in order to eliminate different sorts of legal gaps: extra legem, intra legem, contra legem, technical, logical and constructional. The so-called "ejusdem generis canon of construction", "pertinent application of statutory law", an a fortiori and comparative arguments prove also to be - to some extent - based on it. Moreover, analogy ca...