Thank you for the video! As far as I know, the Principle of Legality prohibits reasoning by analogy. How does this match with the fact that common law systems use case law as its main source?
The difference is that analogy has to be attached to prior case law. One cannot simply draw from an obtuse hypothetical argument. This distinction must the made because the courts are bound by prior court decisions from an equal or greater court, but not by nebulous moral judgment calls. In sum, the difference is because a court must follow the judgment of another by the rule of precent, whether they like it or not. This means if one can draw a parallel to another case, the court is obliged to take it into substantive consideration.
Thank you for the video! As far as I know, the Principle of Legality prohibits reasoning by analogy. How does this match with the fact that common law systems use case law as its main source?
The difference is that analogy has to be attached to prior case law. One cannot simply draw from an obtuse hypothetical argument. This distinction must the made because the courts are bound by prior court decisions from an equal or greater court, but not by nebulous moral judgment calls. In sum, the difference is because a court must follow the judgment of another by the rule of precent, whether they like it or not. This means if one can draw a parallel to another case, the court is obliged to take it into substantive consideration.
With that video, i understood why i always got myself in shitty situations lol! That famous 'U dont know if you havent been throught it' XD
Amazing, thanks a lott
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Great!
Actually is like acting.