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The Department of Philosophy will present the following research presentation.
Reasoning by Precedent
Guest Speaker: Katharina Stevens (McMaster University)
Friday, February 26, 2016
3:00 p.m.
L-1050
When common-law judges decide cases, they often have to take binding precedent into account. My talk will introduce the two main accounts of reasoning by precedent, the rule-account and the similarity-account. I will explain why the rule-account of reasoning by precedent is ultimately untenable. I will outline the main problems similarity-accounts face. Then I will use research into the way metaphors and analogies work as well as insights of argumentation theory and rhetoric to construct an analogy-account of reasoning by precedent that can answer the main objections.
Contact:
Bev Garnett | bev.garnett@uleth.ca | (403) 380-1894 | uleth.ca/artsci/event/89527