Saturday, November 13, 2010
Analogies in the Law
According to the Epstein texbook, analogies in the law "are presented as detailed, carefully analyzed arguments, with the important similarities pointed out a general principle stated " (Epsetin 257). We are reasoning by analogy when we draw a conclusion from comparing subjects which suggest an argyment. In the law, similarites and differences must be pointed out. We use reasoning by analogy in the law because when judges rule cases, they have use reasoning by analogy. They compare their opinions on what should be the outcome of the case and with history's opinion on how the case should be ruled. Like the constution for example. Law officials have compare the rules of the constitution to present day beliesfs. For instance people these days use reasoning by analogy when discussing the controversial law, "don't ask don't tell." People go back and forth with the constitutions laws and present day beliefs.
Subscribe to:
Post Comments (Atom)
Thank you for your post! I was a bit confused with the Reasoning by Analogy, and now that I've read your post, it makes a lot more sense to me! When you reason by analogy, you are concluding something after comparing and contrasting two things. For example, you need to hear both sides of a story in order to base your decision on. If you are oblivious to half of a story, it is impossible for you to base a correct and rational decision. For this same reason, as you said, reasoning by analogy in law and especially in court cases. Unfortunately I feel as if this is prominent in our society, especially concerning young adults.
ReplyDelete