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NeCede's

Maxim 10.9.8

What is like is not the same; nothing similar is identical.

Simile non est idem; nihil simile est idem.

Source: 4 Co. 18; Co. Litt. 3a; 2 Bl. Comm. 162 Difficulty 2/5 — Approachable

Explanation

Resemblance is not identity; even where the analogy is strong, the law must attend to the particular differences that may demand a different result.

Where this applies

  • Just because my case is similar doesn't mean it's identical — the differences matter.
  • Resemblance is not identity and the court needs to attend to the particular differences.
  • Similar cases may still require different results when the details differ.

Legal domains

interpretation

See also

Cite this maxim

NeCede Max. 10.9.8 — What is like is not the same; nothing similar is identical. — 4 Co. 18; Co. Litt. 3a; 2 Bl. Comm. 162 (Simile non est idem; nihil simile est idem.)

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