  The problem with these two suggestions is that the practice of distinguishing does not conform to either of these constraints: while courts do consider the earlier decision in order to see if the ratio can be reinterpreted, they also introduce distinctions without recourse to the earlier court's views; and they do not typically approach the task of distinguishing as if there is a presumption against it. As a matter of legal practice, then, there are no legal restrictions of this kind on the later court. Distinguishing, then, does not seem to fit easily with the understanding of rationes as creating binding legal rules. (See also Perry 1987, 237–9 on distinguishing.)