The scope and meaning of legal rules depend on factual similarities
Evidence
This is because judge-made law, in the sense of either creating precepts or interpreting statutes and regulations, is affected by the facts of particular cases, as well as by social and philosophical considerations. Professor Levi says that “this change in the rules is the indispensable dynamic quality of law. It occurs because the scope of a rule of law, and therefore its meaning, depends upon a determination of what facts will be considered similar to those present when the rule was first announced. The finding of similarity or difference is the key step in the legal process.” — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 151
Categorization
- XREF: XREF Levi legal reasoning induction deduction — connects to: Valid legal analogies depend on relevant similarities rather than case quantities — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 343; A judicial precedent attaches specific legal consequences to detailed case facts. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 131; Elevating a single case holding to a principle causes improper legal breadth. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 136 (+16 more)
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 151
Broader Connections
- Valid legal analogies depend on relevant similarities rather than case quantities
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 343 - A judicial precedent attaches specific legal consequences to detailed case facts.
#expands(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 131