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Problems In American Legal Methodology, Stephen Utz
Problems In American Legal Methodology, Stephen Utz
Stephen Gerard Utz
The obsession of common-law scholars and jurists with analogy, the apparent bedrock of stare decisis, has obscured our vision of the actually quite varied patterns of legal reasoning, even as we ourselves practice it. The problem is that analogy is too capacious a concept to be used effectively in defining a single sort of inference or analysis. This article advocates a more discriminating use of the concept of analogy, drawing on German methodological thought.