Personal profile
Research Interests
Inproject deals with what is traditionally called "legal analogy". Despite being one of the classic topics of general jurisprudence, there are at least three central questions that are still far from approaching a uniform answer: What is the structure of legal analogy? What are its rules of use? And, finally, what is its force? Over the past fifteen years, several authors have proposed a new kind of reductionist explication, according to which the structure, rules of use, and force of legal analogy are reducible—either wholly or partially—to those of another argumentative scheme, namely balancing. Among this group of authors, it is Bartosz Brożek who has developed the most detailed version of this type of reductionist explication, which he himself has termed the “Partial Reductibility Thesis”. My aim is precisely to rebut this thesis.
Key Words
Legal Analogy; Balancing; Partial Reductibility Thesis.
Profession
Lawyer, Universidad de Buenos Aires 2018
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