
Published online:
22 September 2016
Published in print:
26 April 2016
Online ISBN:
9780300220841
Print ISBN:
9780300212082
Contents
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Access to the Facts: Procedure Access to the Facts: Procedure
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Setting the Context Setting the Context
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This is the Way the World Is: Persuasive Facts This is the Way the World Is: Persuasive Facts
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Analogy One More Time Analogy One More Time
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Law and Fact: The Relative Autonomy of the Law Law and Fact: The Relative Autonomy of the Law
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Cite
Kahn, Paul W., 'Facts: Stating the Case', Making the Case: The Art of the Judicial Opinion (New Haven, CT , 2016; online edn, Yale Scholarship Online, 22 Sept. 2016), https://doi.org/10.12987/yale/9780300212082.003.0005, accessed 16 May 2025.
Abstract
This chapter argues that the most important facts in the opinion are not those established by a trial court as it builds the record. Rather, the important facts are constitutive of the context or horizon from within which the relevant law is to be seen. A case often involves a conflict over the appropriate context. For example, do we see abortion against the horizon of infanticide or that of reproductive freedom? The work of establishing a horizon is often done through the use of analogies–a dominant form of legal argument.
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