One such form of "casuistry" (31) is the process of analogical reasoning
. (32) In analogical reasoning
, precedent is compared to the case at hand to determine if the two cases deserve like treatment.
These two essays along with others such as Pesch's, Burrell's and Reynolds's prompt more extended contemplation and debate about how analogical reasoning
operates in Aquinas's thought.
"Meltinng Chocolate and Melting Snowmen: Analogical Reasoning
and Causal Relations".
The campaign was based on young smokers' and nonsmokers' perceptions of tobacco and the emergence of children's analogical reasoning
Because of space constraints, three examples of this British contribution will have to suffice, concerning object permanence (Stage 1), conservation (Stage 3) and analogical reasoning
Sunstein believes that courts should play only a limited role in the governing structure by using technical doctrines to avoid reaching substantive decisions-doctrines the late Alexander Bickel termed the "passive virtues"-and by rendering judgments of limited impact by employing "incompletely theorized agreements" and "analogical reasoning
." Incompletely theorized agreements are judicial outcomes "backed not by abstract theories but by unambitious reasoning on which people can converge from diverse foundations." Analogical reasoning
forces a judge to ask: How does this case compare with those cases that have come before?
Kevin Sharpe, for instance, points to the central importance of analogical reasoning
, the commonplaces of father of the family and head of the body as analogies for kingship, the importance of systems of balance in duties and rights, and the importance of biblical endorsement in the discourses of early modern England.(63)
Though analogical reasoning
is only one of several types of human reasoning that can serve as the requisite mental mechanism, it is more successful than others when actors need to develop a workable conception of a new problem or issue quickly.
But this hardly shows that a more complex series of enumerative inductions (and some analogical reasoning
) isn't what supports the explanation (as seems to be the case).
Both De Bono and Gordon advocate the use of analogical reasoning
when trying to gain insights into a problem.
Like those movie monsters who, when dealt what surely should be mortal wounds, manage to revive themselves and jump out at the prematurely at ease, so too analogical reasoning
in law -- ARIL as I shall call it -- is back again in apparent triumph after having been most recently attacked by Peter Westen(1) and Fred Schauer.(2) ARIL's virtues were proclaimed recently by both Cass Sunstein(3) and Scott Brewer(4) in the pages of the Harvard Law Review.
Citing research indicating that reading comprehension rests upon the formal skills of deductive inferential reasoning and upon such skills as analogical reasoning
, he argues that reading comprehension would be improved if these primary reasoning skills are strengthened.
Mason offers insights on the failures of explaining disagreements in terms of incompatible value premises, the difficulties in using distinctions between a concept and a conception, the desirability of regarding moral justification in terms of diverse forms rather than a single model (thus rejecting Hare's approach), the powers of analogical reasoning
in moral discourse, the distinctions between ambiguous and essentially contested terms, the unintelligibility of the assertion that paradigms can be both incommensurate and contradictory (an assertion usually attributed to Kuhn), and much more.
None of those who subscribe to the preceding three perspectives disputes the use of analogical reasoning
in organization theory as a possible point of departure.