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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