Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State

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ABSTRACT:

This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly analogized to numerous U.S. Supreme Court authorities to bolster and legitimize its deeply flawed decision.


 

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