Judicial reasoning hinges on judging which analogies are decisive

Evidence

As Levi recognized, however, the issue is not that simple. Both sets of earlier cases—those upholding and those striking down laws regulating expressive conduct—presumably resemble the flag-burning case in some respects and differ from it in others. A judge must therefore determine which similarities and which differences are decisive. According to Levi, this judicial determination of similarity and difference is the key step in the legal process. — G. Alan Tarr, Judicial Process and Judicial…, 2525

Categorization

  • DEFINE: Explains Levi’s core claim that analogy judgment, not deduction, is the key step in legal reasoning.
  • XREF: connects to: Judges create legal rules by weighing case similarities, not by applying fixed rules — G. Alan Tarr, Judicial Process and Judicial…, 1263; Deductive judicial reasoning classifies facts, finds the rule, and applies it — G. Alan Tarr, Judicial Process and Judicial…, 1253; Judges expand or narrow precedent by reasoning analogically, not mechanically. — G. Alan Tarr, Judicial Process and Judicial…, 1278 (+5 more)

Broader Connections