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.
For my topic of choice, I chose to select Analogies in the law. When I first started reading this section I was nervous that I wasn’t going to understand it or want to understand it because anything involving laws and government isn’t something that necessarily interests me. However, I felt with that reason in mind, I should really try to make myself pay attention. By doing so, I was able to discover that Analogies in the law are analyzed arguments “with important similarities pointed out and a general principle stated” (Epstein). What this means is that in the courtroom, judges will use analogies to solve a case. They take existing laws, and will find their similarities and differences in order to call for justice in the courtroom. Sometimes by doing so, they will be able to make new laws or overthrow old ones.
For example:
Sometimes there are courtroom cases that by law should be enacted. Let’s say that dancing in the streets has been against the law after 11 pm for ten years now because dancing leads to unwanted pregnancies for teenagers. A girl has been brought to the judge because she was caught dancing after eleven. The judge has seen that in the past only one or two teenage girls have gotten pregnant in that town, but he doesn’t believe it was ever a result from dancing after hours. He then tries to look at past cases and “tweak” the general principles in that law, by drawing on the similarities and differences to make new ones, “but doesn’t include the one’s he is deciding” (Epstein). By doing so, he can make new general principles in the law, or in this case, overthrow an old one.
Hello there Gracie! I love how your post was so easy to understand. I also like how you incorporated an example to make your post easier to comprehend. Like you, my mind is not really intrigued when it comes to the law and government. Though, being on jury duty, I’ve gotten the chance to witness the judge use analogies to solve a case in the courtroom. Whenever a small issue would come about, the judge would have to look it over for as long as he needed to correctly judge the issue that’s right in front of his eyes. Sometimes he would also call up the lawyers for additional help. He would look over laws and find what’s the same or different with the issue he is trying to judge and finally come up with a conclusion by accepting or overthrowing a law. Overall, great job!!!
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