What is it about?
The role of 'similarity' and 'difference' in legal reasoning.
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Why is it important?
Legal scholars generally consider that legal reasoning, eg the assessment of relevant similarity in analogical reasoning or in the doctrine of precedent, is objective. However, literary studies suggests that 'selection' of relevant similarity is never 'innocent'.
Perspectives
Intertextuality not only informs legal reasoning and the doctrine of precedent but is central to legal tests which consider similarity and difference, eg infringement in copyright law.
Dr George Raitt
Monash University
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This page is a summary of: Insights for Legal Reasoning from Studies of Literary Adaptation and Intertextuality, Deakin Law Review, August 2013, Deakin University,
DOI: 10.21153/dlr2013vol18no1art62.
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