Master'sOpen Access

Analogy as legal reasoning

2020
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Advisor: Prof. Dr. Sururi Aktaş

Abstract (EN)

My master's thesis, titled "Analogy as Legal Reasoning", consists of the introduction, five main chapters and a conclusion. Reasoning methods in jurisprudence have an important role in terms of resolution of legal issues rationally. In this context, the method of analogy is one of the most frequently used reasoning models dated from the old legal systems. In our study, how the method of analogy works as a method of reasoning and how it is generally applied in jurisprudence and in various legal systems are discussed. In this direction, in the first part, the difference between analogy in formal logic and other reasoning methods is tried to be explained. In the second part, the importance, elements, limits and logical structure of analogy in jurisprudence are handled. In the third chapter, the appearance of analogy in Common Law is examined. In the fourth chapter, the application area of analogy in the Continental European Legal System is specified. In the last section, how analogy is applied in Islamic Law is discussed.

Author

Dr. Fuat Altuntaş

How to Cite

Fuat Altuntaş (Master Thesis). Analogy as legal reasoning, 2020, Erzincan Binali Yıldırım University.

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