Thursday, November 11, 2010

Analogies in the Law

Here is a topic that was not discussed from the assigned reading that I found interesting.  It is Analogies in the Law.

Most analogies are not made explicit enough at the time to serve as good arguments.  However, in the law, analogies are presented as detailed and carefully anazlyzed arguments with the most important similarities pointed out and a general principle stated.
The laws are often vague and when situations arise that wouldn't have ever been covered by the law, similarites or difference have to be pointed out.
I found this interesting because judges have to follow previous rulings on the law to compare between whether something is illegal or legal.  This can sometimes be very hard for a judge because of the difficulty of how it falls under the law.

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