In Chapter Twelve, Epstein discusses how Reasoning by Analogy is used in the law. Reasoning by analogy is used in the law because the law is often very vague and unpredictable situations constantly arise. Reasoning by analogy allows for detailed and meticulously analyzed arguments in the law. The most common pattern of reasoning by analogy in law is reasoning by example. It is a three step process and the steps are: Find similarity between cases, then announce the rule of law in the first case, and then make the rule of law applicable to the second case. An excerpt from Edward H Levi’s An Introduction to Legal Reasoning, discusses how cases set precedence for other cases. Setting a precedent with any law makes the law become more specific based on the ruling of the judge. It is important for the judge to look for differences between a case and others so that he or she is able to alter the general principle and make it applicable to the new decision.
Your blog was easy to understand about reasoning by analogy used in the law. I liked how you talked about the three-steps that were used. You also made a good point by bringing up the excerpt from Edward H Levi about the basic pattern of legal reasoning is reasoning by example. I also agree that it is important for the judge to look for differences between cases because altercations can be made through general principles. Your blog could have been stronger if you gave examples of how analogies in law were used but overall you made a good blog.
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