TimS comments on How can we get more and better LW contrarians? - Less Wrong
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Reminds me of part of a comment on Moldbug's blot, by Nick Szabo:
I've been studying the history of common law lately due to Nick's influence, after which I'm gonna read the book he recommended. I notice that his description of legal reasoning is very similar to how I use my chess subskills for rationality.
This is a moderately reasonable model of litigation, but it isn't complete. For example, Thurgood Marshall litigated separate-but-equal in the law school context specifically because every judge has a gut feeling of how to compare law schools, which just isn't true about other educational institutions. In law school, I heard the apocryphal story that the law for the State of Texas argued that the new segregated law school was just as good as UT Law School, and Justice Clark - a graduate of UT - passed a note to a colleague that read "Bullshit" That's clever lawyering and has nothing to do with arguing from precedent.
Further, not all law is litigation. The legislature empowered to make new laws that have no relationship to old laws. In short, there's a fair amount more to the practice of law than reasoning by analogy, even if reasoning by analogy is an important skill for a lawyer.