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NeCede's

Maxim 12.1.6

An argument from the greater to the less does not hold in the negative; conversely it does.

Argumentum a majori ad minus negativum non valet; converso valet.

Source: Jenk. Cent. 281; Weisman, 8b Difficulty 2/5 — Approachable

Explanation

That a greater power is denied does not prove a lesser one is also denied; but that a greater power is granted proves the lesser is included.

Where this applies

  • They have the greater authority so the lesser power is necessarily included.
  • Just because the greater power is denied doesn't mean the lesser is also denied.
  • The grant of a greater power implies the grant of every lesser power within it.

Legal domains

See also

Cite this maxim

NeCede Max. 12.1.6 — An argument from the greater to the less does not hold in the negative; conversely it does. — Jenk. Cent. 281; Weisman, 8b (Argumentum a majori ad minus negativum non valet; converso valet.)

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