Legal fictions and the argument of analogy are two different kind of instruments the legislative and judicial power make use of, reasoning in a distinguished way to solve certain problems. In this essay both the instruments will be compared with regard to four criterias derived from Aristotle’s theory of four causes: subject matter, form, origin & end as well as telos & function. In the end it will be concluded that the argument of analogy is indeed stranger than (legal) fictions.

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Stranger Than Legal Fictions: The Argument of Analogy

  • Verena Klappstein

摘要

Legal fictions and the argument of analogy are two different kind of instruments the legislative and judicial power make use of, reasoning in a distinguished way to solve certain problems. In this essay both the instruments will be compared with regard to four criterias derived from Aristotle’s theory of four causes: subject matter, form, origin & end as well as telos & function. In the end it will be concluded that the argument of analogy is indeed stranger than (legal) fictions.