The Illegitimacy of Analogy

Reasoning by analogy is a staple of legal practice, but entirely illegitimate. Suppose that the legislature prohibits the separation of a product from its trademark. Suppose now that Facebook posts newspaper stories without placing the trademark of the newspaper beside the story. The lawyer might say: “that’s just like selling an iPhone with the name […]

Outside the Law

This demonstrates for me everything about economists that makes them superior to lawyers. The myopia of the lawyer and the breadth of vision of the economist. Yes, it is possible for institutions not to follow the law. It is possible for laws to be written to be broken. You might think it would take a […]