Commissions performatively manufactured turning points, precedents, and blame
Evidence
A mandatory precedent will sometimes, by virtue of its authoritative status, block an otherwise preferred current decision. … Law’s use of precedent thus differs substantially from law’s use of analogy, for in the latter a previous decision is selected in order to support an argument now, while in the former a previous decision imposes itself to preclude an otherwise preferred outcome. — Frederick Schauer, Thinking Like a Lawyer, 162 (
#contradicts, via linked claim)
Categorization
- XREF: connects to: Movement strategy selectively chooses which authentic acts become test cases — Jamal Awil, The Whispering Archive: The Complete…, 514; Precedent constrains outcomes while analogy merely supports arguments — Frederick Schauer, Thinking Like a Lawyer, 162; The administrative cribbing of reports determined which event readings became evidence
Related
- Precedent constrains outcomes while analogy merely supports arguments (similarity 0.83)
Broader Connections
- Precedent constrains outcomes while analogy merely supports arguments
#contradicts(0.55) — Frederick Schauer, Thinking Like a Lawyer, 162