Abstract
This Article advocates the routine use of inter-categorical analysis in lawmaking: When formulating (or revisiting) rules within one legal category, courts, legislators, and codifiers alike should explore analogous doctrines that prevail in related categories. Such exploration may provide lawmakers with both inspiration and data relevant to formulating the doctrine under consideration. The Article offers three disparate illustrations of how inter-categorical analysis could improve our law regarding (1) nonpossessory liens, (2) formalities for transfers of property, and (3) in rem proceedings for winding up different kinds of estates. The Article also addresses the potential relevance of inter-categorical analysis when drawing the boundaries of legal categories. Finally, the Article assesses the risks inherent in inter-categorical analysis and relates this mode of analysis to other “law-ands.”
Keywords
INTERCATEGORICAL Lawmaking