Sentences with phrase «mechanical application of rules»
In its mechanical application of rules, it risks changing the meaning of a sentence or phrase.
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The very reason Canadian courts embraced the principled approach was because the unthinking, mechanical application of evidence rules was seen to be inadequate.
Because legal problems arise in particular factual contexts, reasoning about the meaning of a legal rule often requires more than the mechanical application of the general words in the text.3 Likewise, when an attorney reasons by analogy, she considers the precise nature of the particular legal problem and context and does not simply compare the surface details of her client's case with a precedent.4