Nguyễn Minh Tuấn
Tạp chí Thông tin Khoa học xã hội, Số 1 (505)/2025, tr. 35-45
Abstract: Reasoning based on case law constitutes the most common and significant form of legal reasoning. Analogical reasoning, among other types of case law reasoning, including reasoning based on binding precedents, persuasive precedents, overruling precedents, distinguishing precedents, prevails. The paper examines, analyzes, and evaluates these types of reasoning from an international perspective, using arguments derived from specific cases. It also offers suggestions for applying and developing this method, particularly in the context of legal reasoning in case law in Vietnam today.
Keywords: Binding Precedent, Persuasive Precedent, Overruling Precedent, Distinguishing Precedent, Analogical Reasoning
