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NeCede's

Maxim 10.9.3

From similars to similars, we are to proceed by the same rule.

A similibus ad similia eadem ratione procedendum est.

Source: Branch, Princ.; Weisman, 8e; Weisman, 97m Difficulty 2/5 — Approachable

Explanation

Reasoning by analogy is lawful and necessary: where a case falls within the reason of an established rule, the rule extends to it by operation of logic, even if the case was not specifically contemplated.

Where this applies

  • No direct precedent exists but a similar case supports my position.
  • I'm using reasoning by analogy because no case directly on point exists.
  • We should extend the established rule to my similar situation.

Legal domains

See also

Cite this maxim

NeCede Max. 10.9.3 — From similars to similars, we are to proceed by the same rule. — Branch, Princ.; Weisman, 8e; Weisman, 97m (A similibus ad similia eadem ratione procedendum est.)

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