Saturday, November 13, 2010

Week 12-Post 3: Analogies in the Law

In chapter 12, Epstein talks about reasoning by analogy. According to Epstein, reasoning by analogy is "a comparison becomes reasoning by analogy when it is part of an argument: On the side of the comparison we draw a conclusion, so on the other side we should conclude the same" (253). Epstein goes in to talk about "analogies in the law". Epstein states that analogies in law have to be presented with detail and with careful analyzed arguments. For example, a judge has to reason using analogies in the law to make a fair ruling against the person that is being accused of the crime. A judge has to carefully analyzed the arguments and evidence of both the prosecuting side and defending side of attorneys and the judge makes a decision after a certain amount of time and decides how to rule on the case. Analogies are everywhere, but they are a big part of the law.

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