Legal reasoning and decision making almost always entail a reliance on tradition. In Case 15-1, the courtâ€™s deference to tradition is especially strong. In applying the â€œclassic factorsâ€ to the case, the court judges the present case on the basis of the way in which an allegedly similar earlier case was judged. The implications of relying on tradition in legal reasoning are quite significant. The questions that follow will help you to consider this significance more deeply.
1. To demonstrate your ability to recognize analogous reasoning, identify the implicit analogy that pervades the courtâ€™s reasoning in Case 15-1. Clue: Consider the source of the â€œclassic factors.â€
2. What important piece of missing information hinders your ability to make a sound critical judgment about the appropriateness of the courtâ€™s reasoning? Clue: Refer to your answer to Question 1; it is directly related to this question.