Skip to content
NeCede's

Maxim 12.1.4

An argument from a similar case, or from analogy, is valid in law.

Argumentum a simili valet in lege.

Source: Co. Litt. 191; Branch, Princ.; Weisman, 8d Difficulty 1/5 — Foundational

Explanation

Where no direct authority exists, the law permits reasoning from like cases to like — analogy bridges the gap between settled principle and new facts.

Where this applies

  • There's no case directly on point but a similar case supports my argument.
  • Reasoning by analogy from established precedent to my new situation.
  • Analogy bridges the gap between settled principles and new facts.

Legal domains

See also

Cite this maxim

NeCede Max. 12.1.4 — An argument from a similar case, or from analogy, is valid in law. — Co. Litt. 191; Branch, Princ.; Weisman, 8d (Argumentum a simili valet in lege.)

Found an error? Suggest a correction →