Source: p 102, How the Law Works, by Gary Slapper
With so many rules and slightly different interpretations of them in thousands of cases, it is not always easy to see which interpretation of the law a court will give in your case. This uncertainty is increased by the ability of the judiciary to select from what is often a wide range of precedents, and to
distinguish earlier cases on their facts♦ where this would otherwise lead to an unjust result in the view of the judge ♦.
I'm contending with where, this and otherwise. Please explain the thought processes behind how to determine the answers here and resolve the ambiguity ?
1. What's the antecedent of where here? Is this use correct? Why not a relative pronoun of the form "preposition + which" ?
2. What's the antecedent of this ?
3. What does otherwise mean? I don't understand the last relative clause (surrounded with lozenges ♦)
Thanks to StoneyB's answer, I tried to recapitulate it:
2. this =
distinguish earlier cases on their facts
3. otherwise = opposition to 2, so this would otherwise => "failing to
distinguish ..." (the exact words of user StoneyB)