ABSTRACT
According to Sigmund Freud, even if analogies prove nothing, they are helpful because they make people feel more at home. Analogical reasoning that compares case precedents is an obvious example of lawyers' use of analogy to persuade. Analogies suggest a useful comparison of concepts. Although not subject to formal proof, analogies are subject to testing by examining similarities of surface features, relationships, and purposes. The persuasive value of analogy derives from its ability to help people understand experiences and think through problems by drawing on their reserves of knowledge. Much scientific advancement is, for example, attributed to analogy making. Leading analogy researchers have settled on a hybrid model of "on-line" or mentally active processing of analogy, the so-called "structural alignment" model. Carefully crafted factual analogies can provide the more extensive arguments needed to build upon a decision maker's initially favorable response.
