In my article I present Otto Gierke’s attempt to construct the phenomenon of legal entities using the means of analogy. The point of departure for my deliberations, in which I try to demonstrate the nature of metaphorical expressions used in building legal theories, is the speech given by Otto Gierke at the inauguration of his holding the post of university rector on 15 October 1902. The position of Gierke is criticized by Eduard Hölder. Hölder does not see the analogy as a suitable mean for the construction of a legal theory
This paper reviews and evaluates the cognitive status to which metaphors and analogies have been asc...
The goal of the paper is to reply to David Duarte’s critique of the partial reducibility thesis―a cl...
Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force ...
The article elucidates differences between analogy in law and the empirical science and everyday mat...
The title of my paper could have suggested that I was going to address the metaphor of a person in t...
Analogical reasoning is common in legal writing, just as analogies are a part of everyday life. Inde...
Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive ...
In this article, the author argues that metaphors can be used as the basis for creating models in le...
Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive ...
This doctoral dissertation is a study on analogy-based arguments in law. Its overarching aim is to c...
The article uses embodiment and the experiential basis of conceptual metaphor to argue for the metap...
Analogy plays a central role in legal reasoning, yet how to analogize is poorly taught and poorly pr...
Analogia jest sposobem rozumowania znanym już od czasów starożytnych. Wnioskowanie na jej podstawie ...
A large number of legal concepts is expressed through metaphors, exemplifing the Conceptual Metaphor...
In Thinking like a Lawyer, Fred Schauer defends the thesis according to which one should not conflat...
This paper reviews and evaluates the cognitive status to which metaphors and analogies have been asc...
The goal of the paper is to reply to David Duarte’s critique of the partial reducibility thesis―a cl...
Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force ...
The article elucidates differences between analogy in law and the empirical science and everyday mat...
The title of my paper could have suggested that I was going to address the metaphor of a person in t...
Analogical reasoning is common in legal writing, just as analogies are a part of everyday life. Inde...
Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive ...
In this article, the author argues that metaphors can be used as the basis for creating models in le...
Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive ...
This doctoral dissertation is a study on analogy-based arguments in law. Its overarching aim is to c...
The article uses embodiment and the experiential basis of conceptual metaphor to argue for the metap...
Analogy plays a central role in legal reasoning, yet how to analogize is poorly taught and poorly pr...
Analogia jest sposobem rozumowania znanym już od czasów starożytnych. Wnioskowanie na jej podstawie ...
A large number of legal concepts is expressed through metaphors, exemplifing the Conceptual Metaphor...
In Thinking like a Lawyer, Fred Schauer defends the thesis according to which one should not conflat...
This paper reviews and evaluates the cognitive status to which metaphors and analogies have been asc...
The goal of the paper is to reply to David Duarte’s critique of the partial reducibility thesis―a cl...
Analogical reasoning is a pervasive feature of the common law, yet its structure and rational force ...