Martinmaas v. Engelmann

[¶ 63.] The method by which we reach a decision is as important as the decision itself. See Karl N. Llewellyn, The Common- Law Tradition, Deciding Appeals 274 (1960). For, whether it be true or false, our method may well shape the outcomes of cases to follow. To decide a question, we first categorize the problem. If a tort, we ask, what type of tort? Both the rules and the consequences applying to one tort may not apply to another. Here, we must distinguish a negligent act from an intentional one, a medical error from" an act of barbarity. If we blur the differences, if we degrade the methods…