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The Use of analogy in legal argument: problem similarity, precedent and expertise

Author: Marchant, Garry A. ; Anderson, Urton ; Robinson, J. ; Schadewald, MINSEAD Area: Accounting and ControlIn: Organizational Behavior and Human Decision Processes, vol. 55, no. 1, jun. 1993 Language: EnglishDescription: p. 95-119.Type of document: INSEAD ArticleNote: Please ask the Library for this articleAbstract: This paper reports the results of two studies which examine semantic similarity and pragmatic centrality in the use of analogy in legal reasoning. The first study investigated the effects of surface and structural similarity on the transfer of knowledge by analogy. In this experiment, 63 graduate students and 38 experienced professionals resolved a tax problem after reading and analyzing three tax cases (source analogs). In the control condition one of the analogs was unrelated to the problem. In the treatment condition one of the analogs was unrelated to the problem, one shared only surface features with the problem, and one shared only structural features. Both experts and novices exhibited high rates of transfer from analog that shared structural features with the probem . There was negligible transfer from the analog sharing surface features with the problem. The second study examined the interaction of semantic similarity with pragmatic centrality
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This paper reports the results of two studies which examine semantic similarity and pragmatic centrality in the use of analogy in legal reasoning. The first study investigated the effects of surface and structural similarity on the transfer of knowledge by analogy. In this experiment, 63 graduate students and 38 experienced professionals resolved a tax problem after reading and analyzing three tax cases (source analogs). In the control condition one of the analogs was unrelated to the problem. In the treatment condition one of the analogs was unrelated to the problem, one shared only surface features with the problem, and one shared only structural features. Both experts and novices exhibited high rates of transfer from analog that shared structural features with the probem . There was negligible transfer from the analog sharing surface features with the problem. The second study examined the interaction of semantic similarity with pragmatic centrality

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