Analogical Legal Reasoning: Theory and Evidence
Joshua C. Teitelbaum
Georgetown University Law Center
March 10, 2014
American Law and Economics Review, Vol. 17, No. 1, pp. 160-191, 2015.
Georgetown Public Law Research Paper No. 12-131
The paper offers a formal model of analogical legal reasoning and takes the model to data. Under the model, the outcome of a new case is a weighted average of the outcomes of prior cases. The weights capture precedential influence and depend on fact similarity (distance in fact space) and precedential authority (position in the judicial hierarchy). The empirical analysis suggests that the model is a plausible model for the time series of U.S. maritime salvage cases. Moreover, the results evince that prior cases decided by inferior courts have less influence than prior cases decided by superior courts.
Number of Pages in PDF File: 35
Keywords: analogical legal reasoning, case-based decision theory, empirical similarity, jurisprudence
JEL Classification: K00, K10, K49
Date posted: September 12, 2012 ; Last revised: July 17, 2015