Saturday, November 13, 2010
Analogies in the Law
Reading through chapter 12, I came upon the section "Analogies in the Law". It caught my attention because the law is something I encounter on a day to day basis, and has the potential to affect my life tremendously if I were to make a wrong decision, so I continued reading on to see how analogies could be applied with the law. According to the book, most analogies are not detailed enough to be used as good arguments, but in the law's case, they are very detailed arguments, with similiarities and general principles being clear cut. Judges must know the similiarities in analogies in order to make the correct decision based on what past judges have ruled. When a judge feels the need to make a completely different decision that goes against past rulings, then he must find the differences between that case and the other. Once he finds those differences, he can make his new decision.
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I also read and wrote about the analogies in law from chapter twelve. I agree with your explanation about these analogies as they affect each and every one of us every day. Any law that a judge could or has passed can or does affect each and every one of us. The many analogies that are used in creation and enforcing of laws are very clear cut and well defined. But the fact is that society is changing at a rapid rate and a law created 20 years ago has different affects in todays world which is why analogies are very important in law.
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