Abstract

Particular reasoning is arguably the most common type of legal reasoning. Neil MacCormick proposed that, in a legal context, justifiable particular reasoning has to be universalizable. This paper aims to: investigate MacCormick’s thesis; explain how a particular can ever be universal by drawing inspiration from Scott Brewer’s formula on reasoning by analogy; further comprehend MacCormick’s thesis by considering some of the arguments advanced by its opponents; use the ‘pilot-judgement procedure’ developed by the European Court of Human Rights as an example to illustrate the relevance of the universalizable particular thesis in today’s legal practices.