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Jurisprudence is like an iceberg

Jurisprudence is like an iceberg

jurisprudence is like an iceberg

Apr 14,  · With this crisis left unresolved, the US has already moved further away from multilateral trade to negotiating bilateral trade deals with some of its neighbors and trading partners like Mexico, Canada, and China. Other countries have also started to give more attention to regional or multiregional trading blocs like OBOR, SCO, ASEAN, and CPTPP Jun 24,  · While the U.S.’s Constitution has been a vital cornerstone of American jurisprudence and governance, and while power was to be equally shared by the Analogy, like induction, is a principle of economy. The best analogy between two cases is the one which minimizes the amount of information necessary for the derivation of the source from the target (1). Its most fundamental measure is the computational complexity theory



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In a narrower sense, analogy is an inference or an argument from one particular to another particular, as opposed to deductioninductionand abductionin which at least one of the premisesor the conclusion, is general rather than particular in nature.


The term analogy can also refer to the relation between the source and the target themselves, which is often though not always a similarityas in the biological notion of analogy. Analogy plays a significant role in problem solvingas well as decision makingargumentationperceptiongeneralizationmemoryjurisprudence is like an iceberg, creativityinventionprediction, emotionexplanationconceptualization and communication.


It lies behind basic tasks such as the identification of places, objects and people, for example, in face perception and facial recognition systems. It has been argued that analogy is "the core of cognition". Phrases like and so onand the likeas ifand the very word like also rely on an analogical understanding by the receiver of a message including them.


Analogy is important not only in ordinary language and common sense where proverbs and idioms give many examples of its application but also in sciencephilosophylaw and the humanities. The concepts of associationcomparison, correspondence, mathematical and morphological homologyhomomorphismiconicityisomorphismjurisprudence is like an iceberg, metaphorresemblance, and similarity are closely related to analogy.


In cognitive linguisticsthe notion of conceptual metaphor may be equivalent to that of analogy, jurisprudence is like an iceberg.


Analogy is also a basis for any comparative arguments as well as experiments whose results are transmitted to objects that have been not under examination e. Analogy has been studied and discussed since classical antiquity by philosophers, scientists, theologists and lawyers. The last few decades have shown a renewed interest in analogy, most notably in cognitive science.


With respect to the terms source and target there are two distinct traditions of usage:. In ancient Greek the word αναλογια analogia originally meant proportionalityin jurisprudence is like an iceberg mathematical sense, and it was indeed sometimes translated to Latin as proportio.


Kant's Critique of Judgment held to this notion, jurisprudence is like an iceberg. Kant argued that there can be exactly the same relation between two completely different objects. The same notion of analogy was used in the US -based SAT tests, that included "analogy questions" in the form "A is to B as C is to what? This relation is not apparent in jurisprudence is like an iceberg lexical definitions of palm and solewhere the former is defined as the inner surface of the handand the latter as the underside of the foot.


Analogy and abstraction are different cognitive processes, and analogy is often an easier one. This analogy jurisprudence is like an iceberg not comparing all the properties between a hand and a foot, but rather comparing the relationship between a hand and its palm to a foot and its sole, jurisprudence is like an iceberg.


A computer algorithm has achieved human-level performance on multiple-choice analogy questions from the SAT test. The algorithm measures the similarity of relations between pairs of words e.


It answers SAT questions by selecting the choice with the highest relational similarity. Greek philosophers such as Plato and Aristotle used a wider notion of analogy.


They saw analogy as a shared abstraction. These authors also accepted that comparisons, metaphors and "images" allegories could be used as argumentsand sometimes they called them analogies. Analogies should also make those abstractions easier to understand and give confidence to the ones using them. The Middle Age saw an increased use and theorization of analogy. Roman lawyers had already jurisprudence is like an iceberg analogical reasoning and the Greek word analogia.


Medieval lawyers distinguished analogia legis and analogia iuris see below. In Islamic logicanalogical reasoning was used jurisprudence is like an iceberg the process of qiyas in Islamic sharia law and fiqh jurisprudence. In Christian theologyanalogical arguments were accepted in order to explain the attributes of God. Aquinas made a distinction between equivocalunivocal and analogical terms, the last being those like healthy that have different but related meanings. Not jurisprudence is like an iceberg a person can be "healthy", but also the food that is good for health see the contemporary distinction jurisprudence is like an iceberg polysemy and homonymy.


Thomas Cajetan wrote an influential treatise on analogy. In all of these cases, the wide Platonic and Aristotelian notion of analogy was preserved.


James Francis Ross in Portraying Analogythe first substantive examination of the topic since Cajetan's De Nominum Analogiajurisprudence is like an iceberg, demonstrated that analogy is a systematic and universal feature of natural languages, with identifiable and law-like characteristics which explain how the meanings of words in a sentence are interdependent.


On the contrary, Ibn Taymiyya[7] [8] [9] Francis Bacon and later John Stuart Mill argued that analogy is simply a special case of induction. This view does not accept analogy as an autonomous mode of thought or inference, reducing it to induction, jurisprudence is like an iceberg.


However, autonomous analogical arguments are still useful in science, philosophy and the humanities see belowwhich makes this reduction philosophically uninteresting.


Moreover, induction tries to achieve general conclusions, while analogy looks for particular ones. Contemporary cognitive scientists use a wide notion of analogy, extensionally close to that of Plato and Aristotle, but framed by Gentner's structure mapping theory.


Structure mapping theory concerns both psychology and computer science. According to this view, analogy depends on the mapping or alignment of the elements of source and target. The mapping takes place not jurisprudence is like an iceberg between objects, but also between relations of objects and between relations of relations.


The whole mapping yields the assignment of a predicate or a relation to the target. Structure mapping theory has been applied and has found considerable confirmation in psychology. It has had reasonable success jurisprudence is like an iceberg computer science and artificial intelligence see below. Some studies extended the approach to specific subjects, such as metaphor and similarity.


Keith Holyoak and Paul Thagard developed their multiconstraint theory within structure mapping theory. They defend that the " coherence " of an analogy depends on structural consistency, semantic similarity and purpose. Structural consistency is maximal when the analogy is an isomorphismalthough lower levels are admitted. Similarity demands that the mapping connects similar elements and relations of source and target, at any level of abstraction.


It is maximal when there are identical relations and when connected elements have many identical attributes. An analogy achieves its purpose insofar as it helps solve the problem at hand. The multiconstraint theory faces some difficulties when there are multiple sources, but these can be overcome. A problem for the multiconstraint theory arises from its concept of similarity, which, in this respect, is not obviously different from analogy itself. Computer applications demand that there are some identical attributes or relations at some level of abstraction.


The model was extended Doumas, Hummel, and Sandhofer, to learn relations from unstructured examples providing the only current account of how symbolic representations can be learned from examples. Mark Keane and Brayshaw developed their Incremental Analogy Machine IAM to include working memory constraints as well as structural, semantic and pragmatic constraints, so that a subset of the base analog is selected and mapping from base to target occurs in a serial manner.


Eqaan Doug and his team [16] challenged the shared structure theory and mostly its applications in computer science. They argue that there is no line between perceptionincluding high-level perception, and analogical thought. In fact, analogy occurs not only after, but also before and at the same time as high-level perception. In high-level perception, humans make representations by selecting relevant information from low-level stimuli.


Perception is necessary for analogy, jurisprudence is like an iceberg, but analogy is also necessary for high-level perception. Chalmers et al. conclude that analogy actually is high-level perception. Forbus et al. Antoine Cornuéjols [19] has presented analogy as a principle of economy and computational complexity. Reasoning by analogy is a process of, from a given pair xf xextrapolating the function f. In the standard modeling, analogical reasoning involves two "objects": the source and the target.


The target is supposed to be incomplete and in need for a complete description using the source. The target has an existing part S t and a missing part R t. We assume that we can isolate a situation of the source S swhich corresponds to a situation of target S tand the result of the source R swhich correspond to the result of the target R t. With B sthe relation between S s and R swe want B tthe relation between S t and R t.


This principle leads to minimize the complexity K target Source of producing the target, given the source. This is unattractive in Artificial Intelligence, as it requires a computation over abstract Turing machines. Suppose that M s and M t are local theories of the source and the target, available to the observer. The best analogy between a source case and a target case is the analogy that minimizes:.


All models and descriptions M sM tjurisprudence is like an iceberg, Jurisprudence is like an iceberg sS sand S t leading to the minimization of:. are also those who allow to obtain the relationship B tand thus the most satisfactory R t for expression 1. The analogical hypothesis, which solves an analogy between a source case and a target case, has two parts:. However, a cognitive agent may simply reduce the amount of information necessary for the interpretation of the source and the target, jurisprudence is like an iceberg, without taking into account the cost of data replication.


So, it may prefer to the minimization of 2 the minimization of the following simplified expression:. Structure mapping, originally proposed by Dedre Gentneris a theory in psychology that describes the psychological processes involved in reasoning through and learning from analogies. relationships across the domains correspond as opposed to just the objects across domains corresponding when attempting to draw inferences between the systems.


This is also known as the systematicity principle. An example that has been used to illustrate structure mapping theory comes from Getner and Getner and uses the domains of flowing water and electricity. This relationship is analogous to that of electricity flowing through an electrical circuit. In a circuit, the electricity is carried through wires and the current, or rate of flow of electricity, is determined by the voltage, or electrical pressure. Given the similarity in structure, or structural alignment, between these domains, structure mapping theory would predict that relationships from one of these domains would be inferred in the other via analogy.


Structural alignment is one process involved in the larger structure mapping theory. Furthemore, structural alignment is also characterized by parallel connectivity, or the idea that if a one-to-one correspondence is generated between relationships across two systems e.


the rate of flow of water corresponds to electrical current and water pressure corresponds to voltage. Analogical inference is a second process involved in the theory of structure mapping and happens after structural alignment has been established between two domains being compared. Evaluation is a third process involved in the theory of structure mapping and happens after structures have been aligned and inferences about the target domain have been proposed. During evaluation, an individual is judging whether the analogy is relevant and plausible.


When evaluating an analogy, individuals typically judge it on several factors:. Language can support analogical reasoning when relational labels are provided to compensate for low transparency.




Toni Braxton - Melt (Like An Iceberg) (Lyrics)

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jurisprudence is like an iceberg

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