Analogical Reasoning and the Question of Climate Change Litigation
Analogical Reasoning and the Question of Climate Change Litigation

Summary/Abstract: Could the ability to identify and use relational resemblance between two circumstances or events help a climate change case? The purpose of this paper is to rethink the function of analogical reasoning in order to address potential challenges that future plaintiffs in climate change litigation may face. Because of the complexities of climate change, potential litigants face significant challenges, including proof of harm and causal relationships between harm and climate change, as well as legal narratives. Analogical reasoning concludes not only that there is an additional resemblance based on previous similarities between two systems, but also that there are numerous reasons for its plausibility. This paper investigates how analogical reasoning could be used in climate change lawsuits, the epistemological issues it raises, and the implications for human rights.

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