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Decision by analogy is kind of the fundamental point of the legal system. Typically the arguments are just different arguments about which analogy is the close
by CPLX 5y ago
Decision by analogy is kind of the fundamental point of the legal system.
Typically the arguments are just different arguments about which analogy is the closest to the facts at hand, which is usually referred to as "the theory of the case".
- avs733 5y agonot just law, analogies and analogical reasoning are pretty fundamental to human thought. [0] https://www.frontiersin.org/articles/10.3389/fnhum.2014.00867/full https://www.frontiersin.org/articles/10.3389/fnhum.2014.0086... [1] https://pubmed.ncbi.nlm.nih.gov/18528776/ https://pubmed.ncbi.nlm.nih.gov/18528776/