Analogical Reasoning In The Common Law

Under the case-law system of the common law countries, the core principle of judicature is "stare decisis ", namely "similar case similar disposing". The analogical reasoning is the footstone on methodology which is support the case-law system, and is the center of law reasoning in common law countries. In recent years, the British and American legal thoughts spread to our country massively, and scholars and law increasingly attach importance to related judicial skills. The analogical reasoning is not only the important part of the legal methodology, but also the important method of the legal reality. But few jurists study the analogical reasoning. This article plans to do some preliminary study on the analogical reasoning in common law countries, and hopes to deepen the judge's management to the method of the analogical reasoning in the judicial activities ,finally makes the reason of judgment more sufficient and persuasive.The text divides into four parts besides the introduction and the conclusion.Part Ⅰ , The Outline of The Analogical ReasoningThis part carries on the brief introduction from four aspects to the analogical reasoning.Firstly, the article simply retrospects the historical development of the analogical reasoning.Secondly, the article summaries the definition and the form of the analogical reasoning from the logical and legal methodology aspects.Thirdly, this part makes comparison among the analogical reasoning, the induction and the deductive inference. I think they don't have essential difference, but just have different forms.Finally, this part elaborates the five characteristics of the analogical reasoning in the law: analogical reasoning focuses on particulars ;...