Epithetical Jurisprudence and the Annexation of Fixtures - If we begin with all the facts of a controversy and proceed inductively to determine the rights of the parties litigant, we thus arrive at a jurisprudence of rights, whereas, if we reason deductively from a rule, a definition, or a maxim of law to its application in the facts of our case, we can at best attain only a jurisprudence of rules, which has been so aptly characterized as an epithetical jurisprudence. The subject of fixtures is one in which we have great difficulty in applying the inductive method because the courts have been slower in approaching the subject scientifically in this field of the law than in others.
Joseph H. Drake, Grover C. Grismore, Victor H. Lane, Edgar N. Durfee & Robert G. Day,
Note and Comment,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol18/iss5/5