Abstract
This Article explores the theory and process of explanatory synthesis in comparison to rule synthesis and case-to-case analogical reasoning as a method of demonstrative legal reasoning and analysis and legal rhetoric. The Article takes the form of a Socratic dialogue to discuss the analytical and rhetorical advantages of explanatory synthesis. Explanatory synthesis provides an important option for inductive reasoning and argumentation within the deductive paradigm of legal analysis, and has rhetorical advantages over other forms of analogical reasoning when examined using the tools of modern argument theory and the rhetorical canons of law and economics.
| Original language | American English |
|---|---|
| Journal | Legal Communication & Rhetoric: JALWD |
| Volume | 8 |
| State | Published - Jun 30 2011 |
Keywords
- legal analysis
- legal reasoning
- rhetoric
- legal rhetoric
- modern argument theory
- synthesis
- explanatory synthesis
- rule synthesis
- paradigm