All which is dissimilar, is a difference of degree, the extent of which is ascertained by close and objective analysis.

Explanation

(English-origin maxim.) When things appear different, the distinction is one of degree rather than kind, and the law requires precise, objective analysis to determine the extent of that difference — vague assertions of dissimilarity cannot justify disparate legal treatment.

Where this applies

• Two companies are regulated differently even though they provide nearly the same service — the regulated company demands an objective analysis of exactly how different the services really are before accepting disparate treatment.
• A zoning board treats two adjacent lots differently, and the disfavored owner argues that the differences are only a matter of degree, not a fundamental distinction justifying different zoning rules.
• A court must decide whether a motorized scooter is different enough from a motorcycle to be exempt from helmet laws — the dissimilarity is one of degree, requiring close analysis rather than a blanket assumption.