Analogies in the Law

3). Pick one concept or idea from the assigned reading, that we have not already discussed, that you found useful or interesting, and discuss it.

In chapter 12 of the Epstein text the discussion of analogies in the law was brought up.  In law, analogies are used as detailed and carefully analyzed arguments. It is also used with the important similarities pointed out and a general principle stated. Very often, many laws are vague or a situation would occur where one would not considered to be covered by the law. According to an excerpt by Edward H. Levi, reasoning by example is considered to be the basic pattern of legal reasoning. There is a three-step process in which a proposition descriptive of the first case is made into a rule of law and then applied to a next similar situation.
First Step: similarity is seen between cases
Second Step: next the rule of law inherent in the first case is announced
Third Step: the rule of law is made applicable to the second case