MODR 1730 Quiz: Ch.11 Textbook Notes
26 Nov 2015
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The nature and functions of analogy: arguments by analogy draw a conclusion about one thing on the basis of a comparison of that thing and another. Need to have relevant similarities between the cases. Doing this, the reader would have to either change their attitude to the analogue or change their attitude to the ps, presuming they are committed to consistency. In law, obligation to treat similar cases the same is the essence of formal justice. Consistency in reasoning is the basis of the precedent system of law. Cases must be resolved as similar cases have been resolved in the past. If not, a differentiating point must be specified showing why it is reasonable to treat them differently and have to say what makes it a relevant point. Can also use precedent system in administrative contexts: case-by-case reasoning and issues of classification.
