There is more to legal reasoning with analogies than case based reasoning, but what?

Abstract

In common law countries, legal researchers have often used analogical reasoning to justify the outcomes of new cases. Such analogical reasoning has often been performed by arguing directly with cases. We observe that there is a second equally valid approach to conducting analogical reasoning: namely abducing rules and the deductively using the rules to justify the outcomes of new cases. We apply this research in the domain of Artificial Intelligence and Law.