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The Underrated Bruno Leoni (with Michael Munger)

EconTalk

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Legal Reasoning: Navigating Precedent and Analogy

Legal reasoning operates through analogy, where judges rely on precedents to guide their decisions in analogous cases. Lawyers aim to persuade judges by invoking precedents that favor their desired outcomes. The complexity lies in judges weighing various precedents with established legal standing, derived from their historical usefulness in resolving similar disputes. The common law system exemplifies this process, as it evolves through judicial decisions that outline principles later adopted by other judges, creating a pathway for consistent resolution of future cases.

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