This is because judge-made law, in the sense of either creating precepts or interpreting statutes and regulations, is affected by the facts of particular cases, as well as by social and philosophical considerations. Professor Levi says that “this change in the rules is the indispensable dynamic quality of law. It occurs because the scope of a rule of law, and therefore its meaning, depends upon a determination of what facts will be considered similar to those present when the rule was first announced. The finding of similarity or difference is the key step in the legal process.”

Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 151