Discussion Question Number Three: Part Eight

Analogies in the Law


Known to be vague, and are, most of the time, not made explicit enough to be able to be considered as good arguments. These are the analogies in the law. They, in the case of the law, are presented in an incredibly detailed way and are very analyzed arguments with similarities that are said, and commonly known, to be important. There is a stated, general principle in this concept of Epstein. The situations made, of the analogies and of other instances, are considered to rarely occur in real life (not being able to be imagined or covered by the law). These principles, by the judgment and decision by the judges, have to be respected. It is by the idea of commonalities and precedents of the law that these judges must decide whether to abide by the previous followed laws, or rather, consider the more present ones with bigger weight of influence. The trickery comes from of the judges following past laws that may have changed over time. Examples are given in the text to further help illustrate this concept.