Valid legal analogies depend on relevant similarities rather than case quantities
Evidence
A proper analogy should identify the number of respects in which the compared cases, or fact scenarios, resemble one another (let us call these resemblances positive analogies) and the number of respects in which they differ (negative analogies). In analogy, unlike the method of enumeration, the quantity of cases is not significant. Instead, what is important is relevancy—whether the compared facts resemble, or differ from, one another in relevant respects. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 343
Analogies can be considered the most important aspect of the study and practice of law. It is the method by which putative precedents are subjected to the acid test of searching analysis. It is the method to determine whether factual differences contained in the case at bar and those of the case compared are material or irrelevant. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 585
It bears mention that here Lord Diplock had to make a value judgment as to what facts are really relevant, that is to say, what are the relevant resemblances in the facts and the relevant differences. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 714
Categorization
- corroborated: 4 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 343; Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 585; Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 714
- XREF: connects to: The scope and meaning of legal rules depend on factual similarities — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 151; 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; Legal reasoning requires mastery of deductive and inductive logic principles. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 71 (+19 more)
Broader Connections
- Elevating a single case holding to a principle causes improper legal breadth.
#exemplifies(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 136