Tuesday, November 9, 2010

Interesting 411


“Analogies in the law are presented as detailed, carefully analyzed arguments, with the important similarities pointed out and general principles stated” (Epstein 257). Since analogy means a comparison, analogies in the law mean a comparison in the law. Laws are often vague. Judges have to respect how earlier judges have ruled. Judges have to rule carefully if we are going to be governed by the laws. It can be legal now and later illegal or it can be the opposite. For example, Roe V. Wade said that having an abortion is illegal, but now in today’s world, it is legal to get an abortion. “In law, analogy is used to resolve issues on which there is no previous authority. A distinction has to be made between analogous reasoning from written law and analogy to precedent case law” (Wikipedia). This has to all do with written laws. Example, if the law is written one way, and the judge wants to determine it the other way, the judge has to compare the reasons why he or she wants to change the law. He or she cannot just change it because they do not like it. They have to look through the cases thoroughly.  

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