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In law, analogy is primarily used to resolve issues on which there is no previous authority. A distinction can be made between analogical reasoning employed in statutory law and analogical reasoning present in precedential law (case law).
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First, in precedential law (case law), analogies can be drawn from precedent cases (cases decided in past). The judge who decides the case at hand may find that the facts of this case are similar to the facts of one of precedential cases to an extent that the outcomes of these cases are justified to be the same or similar. Such use of analogy in precedential law pertains mainly to the so-called: cases of first impression, i.e. the cases which as yet have not been regulated by any binding judicial precedent (are not covered by a ratio decidendi of such a precedent).
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Second, in precedential law, reasoning from (dis)analogy is amply employed, while a judge is distinguishing a precedent. That is, upon the discerned differences between the case at hand and the precedential case, a judge reject to decide the case upon the precedent whose ratio decidendi (precedential rule) embraces the case at hand. Third, there is also much room for some other usages of analogy in the province of precedential law. One of them is resort to analogical reasoning, while resolving the conflict between two or more precedents which all apply to the case at hand despite dictating different legal outcome for that case.
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