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Analogies are used all the time in legal decisions. You'll find them regularly in supreme court opinions, for example. Anytime something that has never been see
by chadash 8y ago
Analogies are used all the time in legal decisions. You'll find them regularly in supreme court opinions, for example. Anytime something that has never been seen is litigated, it's likely that analogies will be made to figure out the law [1].
I think the real lesson is "don't take legal advice from internet forums of non-lawyers", or at least take it with a grain of salt. Not all analogies are equally good and only a qualified lawyer is gonna know which analogies will fly in court.
[1] Here's a fun analogy in a tort law case cited at https://cyber.harvard.edu/bridge/Analogy/analogy3.htm https://cyber.harvard.edu/bridge/Analogy/analogy3.htm:
In Adams v. New Jersey Steamboat Co., a steamboat passenger sued the owner after the theft of valuables from the rented cabin; neither passenger nor owner had been negligent. The passenger claimed the owner nonetheless was strictly responsible, regardless of any failure or compliance with care, in light of prior case ruling that innkeepers were strictly liable for the theft of boarders' valuables. The owner argued against strict liability and pointed to precedents rejecting liability claims by passengers on open-berth sleeping trains. For purposes of liability for theft from a passenger, should the steamboat owner be viewed as more like the innkeeper or more like the train owner? The court reasoned that "A steamer carrying passengers upon the water, and furnishing them with rooms and entertainment, is, for all practical purposes, a floating inn, and hence the duties which the proprietors owe to the passengers in their charge ought to be the same." The court noted that both innkeepers and steamboat operators are entrusted with high levels of confidence in the face of temptations by many to endanger guests. Given this parallel relationship to guests, innkeepers and steamboat operators should bear the same kinds of duties to guests.
- pvg 8y agoYes, that's what I meant. Sure, a court can make an analogy but hey, they're a court. Random stranger on the internet is unlikely to provide you with a useful legal analogy. If anything, this seems like an intersection of topic and venue (legal stuff, forums for technically-minded people) that generates giant billowing clouds of useless analogies.