Rule-based Theory of Precedent, Analogical Approach, and "Unjust Law" by Dr. King

Questions
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* Explain the differences between rule-based theory of precedent and the analogical approach. Give examples.
Rule-based theory of precedent refers to a principle which is formulated in a legal case that occurred earlier on, such that this principle is meant to bind or persuade the court during decision making of subsequent cases that are similar. As such, a later court or tribunal has to act in accordance with the decisions made by an earlier court as long as the facts in the cases are similar. According to the analogy approach, the court will make a decision based on a previous case whereby the two cases are similar. This implies that the latter case is treated in a certain manner simply because an earlier case was treated in the same way. However, this approach provides non-conclusive reasons for achieving a certain decision.
According to the argument in the theory of precedent, the reasoning established earlier on must be followed by a later court unless the court has powers to overrule the decision made earlier on. Conversely, the analogical approach allows the reasoning to vary depending on their strengths. Unlike in the case of precedent, analogies do not bind the court making a decision at a later date to a decision made on an earlier date. Instead, they take into consideration past reasoning with further reasoning so as to reach the ultimate result. This implies that in analogy approach, similar cases may be determined differently at different times depending on the legal doctrines taken into consideration. Additionally, the techniques for precedent reasoning are ...