Wednesday, November 9, 2011

Week 11 Discussion: Post 3


Judging Analogies
In chapter 12, Epstein writes about judging analogies. To judge a vague analogy, you must study the similarities of the analogies then identify the important ones to conclude a general principle that applies to both sides.

Example: Michael Phelps is a competitive swimmer and swims for the US Swim team. In 2009, Michael Phelps was on off-season and was photographed using a bong to smoke what was reported tobacco or marijuana.  Due to the photograph, he was suspended from the US Swim team. Swimmers should be kicked off the team for their use of illegal drugs.

The general principle of the use of illegal drugs applies both sides of the analogies: the possession of drugs for an off-season swimmer and the possession of drugs on a swimmer on the US swim team. Since the possession of illegal drugs has the same consequence to people on a swim team and people off a swim 

2 comments:

  1. Hey k_tab, I like how you stayed with the guidelines of sports when concerning your example for the "judging analogies" post. Instead of Magic Jhonson, you chose to do Phelps, which was awesome since I knew more about him and his run in with the marijuana possession as opposed to Magic Jhonson and his battle with HIV. Other than that, your example was good because it showcased your stance on marijuana and how you "judged" the media's reasoning of Phelp's case. I personally believe that marijuana should be legalized though as opposed to people going to jail for it though.

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  2. Hey K_tab, great blog post, I found it very informative and the examples you used were quite interesting. For my discussion post I examined analogies in the law, which in practice are almost identical to judging analogies, but the differences are there and I found that your explanation of judging analogies highlighted those differences clearly. While each of these concepts utilizes precedents in order to make a consistent judgment, judging analogies are quite vague whereas analogies in the law must be extremely precise. I also enjoyed your example as it used a very familiar, and in my opinion humorous, application of the judging analogies concept to a real-world event.

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