This article describes the scope of application of an analogical argument in
the province of precedential law. Inter alia, it revolves around such issues of the
doctrine of precedent as: distinguishing, ascertaining and crystallizing the meaning of
ratio decidendi or expanding its coverage onto the cases of first impression. Allowance
has also been made for the presence of analogy in searching for the law-maker’s
intention, the determining of the obsolescence of precedents and quoting precedents
out-of-jurisdiction. The place analogical reasoning has in legal education has also been
touched upon. On top of that, the article highlights the usage of analogy in precedential
law which enables the replacement of the conception of rationes decidendi for the
proposition of applying judicial precedents directly upon the relationship of similarity
that obtains between cases decided previously and the instant case.

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• The Scope of Application of Analogical Reasoning in Precedential Law